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HomeMy WebLinkAboutAgenda Packet City Council - 01/22/2002CITY COUNCIL AGENDA cCity of orpus Christi January 22, 2002 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 22, 2002 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 at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr& un int&rprete ingl~s-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 sen/ices 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 Harold E. Palmer, Jr. C. Pledge of Allegiance to the Flag to the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Joint and Regular Meetings of January 15, 2002. (Attachment Cf 1) Agenda Regular Council Meeting Janua~ 22,2002 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Civil Service Board/Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara 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 ratherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCE~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion authorizing the City Manager or his designee to execute an amendment to an engineering services agreement with BHP Engineering and Construction, Inc. in the amount of $95,565 for the O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade, Part 2. (Attachment # 3) Ordinance approving $3,490.04 (from James A. Dodson and Karen K. Dodson) as developer's contribution for in lieu of half street construction of portion of cul-de-sac of University Drive (with supporting public utility infrastructure), as required by CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 22,2002 Page 3 .8. 6,5, 7.5, development of Lots 3A and 3B, Block 3, Ocean Drive Addition; and establishing a separate subaccount for said half street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for completion of "improvements" at time of platting and development of properties directly adjacent to and abutting the secured "improvement" opposite Lots 3A and 3B, Block 3, Ocean Drive Addition. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a contract with David E. Blanchard, D.O., to serve as the Medical Director for the Corpus Christi Fire Department for a two-year period at an annual rate of $30,000. (Attachment # 5) Motion to amend Ordinance prior to Second Reading by deleting Section 3 which states that the Ordinance would not be effective until the General Land Office approves such. (Attachment # 6) Second Reading Ordinance - Amending City of Corpus Christi, Texas Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by revising the provisions relating to beach user fees. (First Reading - 1/15/01) (Attachment # 6) Motion to amend prior to Second Reading by deleting the words "operating vessels in surF' in the caption of the Ordinance. (Attachment # 7) Second Reading Ordinance- Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding animal control, beach festivals, beach vendors, bonfires and campfires, camping, glass containers, operating vessels in surf, and traffic control on Gulf of Mexico beaches; providing for penalties. (First Reading - 1/15/01) (Attachment # 7) Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding curfews on beaches; providing for penalties. (First Reading - 1/15/01 ) (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 22,2002 Page 4 Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf beach parks; providing for penalties. (First Read ing- 1/15/01 ) (Attachment # 7) Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Chdsti, Chapter 38, Peddlers, Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors; providing for penalties. (First Reading - 1/15/01) (Attachment # 7) I. PUBLIC HEARINGS: (NONE) Je PRESENTATIONS: Public comment will not be solicited on Presentation items. Update on Solid Waste Services, Automated Collection Program and Municipal Solid Waste System Service Charge (MSWSSC) and permitting process (Attachment # 8) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: First Reading Ordinance -Amending Section 53-99, Operation of Trucks, Trailers and Other Heavy Vehicles Restricted on Certain Streets, of the Code of Ordinances, City of Corpus Christi, to allow automated Solid Waste vehicles to travel against traffic on one-way streets to collect from City-provided garbage carts; providing for penalties. (Attachment # 9) 10. Resolution expressing the City Council's support for the Foy H. Moody High School students' efforts to promote neighborhood improvement. (Attachment # 10) 11. Resolution authorizing the City Manager or his designee to apply to the Criminal Justice Division of the Governor's Office for a one year $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court Processing and tracking of status offenders and Juvenile Assessment Center case management services to at- risk youth. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 22,2002 Page 5 12. 13.a. 13.b. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $164,292 to the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY2001 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile crime and establish interagency information sharing programs. (Attachment # 12) Motion directing the City Manager to implement dues check-off for non-public safety employees. (Tabled from 11/20/01) (Attachment # 13) Motion directing the City Manager to adopt a personnel policy on union activities. (Attachment # 13) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE Me COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espar~ol en la reunion de la junta para 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 AT ANY COUNCIL MEETING. 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 any matters listed on the agenda, when authorized by the provisions of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 22,2002 Page 6 14. N= 15. 16. 17. O. the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding off/ce. Executive Session pursuant to Texas Government Code Section 551.086 (Deliberation Regarding Economic Development Negotiations) to discuss and deliberate commercial or financial information from a business prospect, Singapore Technologies, that the City Council seeks to have locate in or near the City and to deliberate the offer of financial or other incentives in connection therewith, with possible discussion and action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:00 .p.m., January 18 ,2002. ~,rmandoC'hapa~' f/~P City Secreta~ ~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 22,2002 Page 7 NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS January 15, 2002 - 12:10 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Brent Chesney* Javier Colmenero Henry Gan-eR Bill Kelly* Rex Kinnison* Ci_ty Staff Present City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa City Attorney James R. Bray Jr. Recording Secretary Rachelle Parry CONVENTION AND VISITORS BUREAI 1 Brad Lomax, Board Chairman Jody Patel Dave Prewitt Bert Quintanilla Linda Routh Tom Schmid Bemey Seal John Trice Dan Viola ABSENT John Longoria (Council Member) Mark Scott (Council Member) Vangie Chapa (Board Member) Cristina Garza (Board Member) Bill Goin (Board Member) Victor Gonzalez (Board Member) Bill Morgan (Board Member) Govind Nadkami (Board Member) Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and said that although there was not yet a quorum of the Council, they could still hear the presentation as long as they did not take any action. Mr. Lomax introduced Mr. Mike Wheeler of the accounting finn of Fite & Wheeler. Mr. Wheeler discussed the results of the CVB audit as of July 31, 2001, saying his company issued a clean opinion of the organization's financial statements. He said the CVB now has liquidity with a two-to-one ratio of funds coming in versus funds going out. Mr. Lomax commented that the CVB is being well-nm but additional monies are needed to further its goals. *Council Member Kinnison arrived at approximately 12:20 p.m. and Council Member Chesney arrived at approximately 12:23 p.m. Mr. Quintanilla reported that Mr. Wayne Bennett, CEO of the CVB, has streamlined the staff and focused on advertising efforts by contracting with Mr. Bill Pettus of Pettus Advertising. He said Mr. Bennett has also doubled the convention sales staff. He noted that the CVB is also working with the Hispanic Chamber of Commerce. Mr. Quintanilla discussed new opportunities for growth, including the new airport terminal, the American Bowling Congress convention in 2006, direct Delta Minutes - Joint Meeting January 15, 2002 Page 2 Airlines flights to Dallas, the renovated convention center and new arena, and planned development on Packery Channel and Mustang Island. He noted that after September 11 th, driving destinations have become even more important, which has benefitted Corpus Christi's tourism. Mr. Prewitt, outgoing President of the Hotel/Motel/Condominium Association and manager of the Holiday Inn Airport, discussed marketing efforts and the importance of return on investment. He said hoteliers need a strong CVB and he noted that convention decisions are made two to 10 years in advance. He said the CVB needs to spend more money on promoting Corpus Christi as a convention destination and he showed a slide of the convention media plan for August 2002 to July 2003, which includes an increase of approximately $348,000. He discussed the pros and cons of obtaining that amount fi.om the following sources: membership income, advertising cooperatives, shifting funds out of the tourism area, and privatizing the sales marketing efforts. *Council Member Kelly arrived at approximately 12:38 p.m. Mr. Kevin Latone, manager of the Omni Hotels, discussed the importance of tourism, noting that it is the largest industt3, in the world and the th/rd largest in Texas. He commented on findings of the Star Report (an industry report). He said that developing Corpus Christi's convention market to its full potential will have a far-reaching impact since tourism translates into economic development. Mr. Latone said that the cost of holding conventions in this city is half that of other cities and the CVB must educate meeting planners and develop regional and national tourism markets. He added that the CVB must spend money to make money. Mr. Lomax then showed a new video--to be used in the CVB's tourism effbrts--promoting the man;,, amenities that Corpus Christi has to offer. Following the video, Mr. Lomax reiterated that the CVB needs additional funds in order to better market this city. He then responded to Council members' questions and said he would provide them with specific information. A discussion ensued concerning the impact of additional small hotels on the daily occupancy rate. Mayor Neal said that when he was president of the Texas Municipal League, people repeatedly told him that they would like to hold conventions in Corpus Christi but it lacked sufficient hotel rooms in the downtown area. The Mayor complimented the CVB on the new video and said the Council will consider the organization's request for additional funds as they go through the budget process in the next few months. There being no other business, the Mayor adjourned the joint meeting at 1:18 p.m. on January 15, 2002. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero* Henry Garrett Bill Kelly Rex A. Kinnison John Longoria* Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 15, 2002 1:40 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 8, 2002. Council Member Chesney referred to page 18 of the minutes regarding a statement he made prior to the Council going into executive session to hear proposals for the development of the Corpus Christi Marina. Mr. Chesney made a motion to amend the minutes to state that he was opposed to going into closed session. The motion to amend was seconded by Council Member Scott and it passed. A motion was made, seconded and passed to approve the minutes as amended. *Council Member Colmenero arrived at approximately 1:43 p.m. The Mayor then conducted the swearing-in ceremony of the newly appointed board and committee members and he read a portion of the first ordinance that was passed in the City of Corpus Christi on January 15, 1879. Mayor Neal called for consideration of the consent agenda (Items 2-12). Council members and an audience member requested that Items 2, 3, 8 and 12 be discussed. City Secretary Chapa polled the Council for their votes and the following were passed: 4. M2002-019 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-02-01 for food items xvhich include canned and frozen fruit and vegetables, meats Minutes - Regular Council Meeting January 15, 2002 Page 2 and condiments for an estimated six month expenditure of $99,919.92 based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2001-2002. Ben E. Keith LaBatt Food Service Lance, Inc. San Antonio. Texas Comus Christi. Texa_ss ~harlotte. North Carolina 21 Items 55 Items 1 Item $17,490.09 $25,416.68 $161.66 PFG Sysco Food Service Comus Christi. Texas San Antonio. Texas 40 Items 49 Items $43,157.12 $13,694.37 Grand Total: $99,919.92 The foregoing motion passed by the following vote: Nea!, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 5. M2002-020 Motion authorizing the City Manager or his designee to execute an engineering services agreement in the amount of $80,610 with Jim Lontos, P.E., for project management services for the Bond Issue 2000 street improvement projects. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longofia absent. 6. M2002-021 Motion authorizing the City Manager or his designee to execute Amendment No. I to an engineering services agreement in the amount of $55,000 with Goldston Engineering Inc. for project management services for the Bond Issue 2000 street improvements project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. M2002-022 Motion authorizing the City Manager or his designee to execute an amendment to the contract for engineering services agreement with Shiner Moseley and Associates in the amount of $87,700 for the Corpus Christi Ship Channel/Art Museum bulkhead replacement. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Minutes - Regular Council Meeting January 15, 2002 Page 3 9. M2002-024 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11. Motion accepting recommendation of City Engineer to ratify award of the construction contract by the Corpus Christi Tennis Association to Barcom Commemial Inc. for the tennis center project. The foregoing motion passed by the following vote: Neal, Chesney, Colmener0, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the lease between Bayfest, Inc. and the City of Corpus Christi, authorized on March 21, 2000, by Ordinance No. 023972, to adjust the amount payable for police services and to add a late payment fee. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 2, portable defibrillators. Council Member Kinnison asked if those defibrillators can be used in police vehicles and city facilities. City Manager Garcia said the Fire Department is working on a program to place automatic defibrillators in municipal facilities and he will ask the Police Chief to look into placing them in police cars as well. He noted that the Medtronic defibrillators are substantially more expensive than the automatic ones because they are more versatile and provide diagnostic information. City Secretary Chapa polled the Council for their votes as follows: 2. M2002-017 Motion approving the purchase of four portable defibrillator/monitors from Medtronic Physio-Control Corporation, Redmond, WA, based on sole soume for a total amount of $51,020.80. The defibrillator/monitors will be used by EMS Division and are budgeted in FY2001-2002. Minutes - Regular Council Meeting January 15, 2002 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 3, work uniforms. Council Member Noyola said this supply agreement consists of seven line items and he asked if there was a requirement that they be bid as one package. Mr. Mike Barrera, Procurement and General Services Manager, explained that since the uniforms are used by 17 different city departments, he did not think it was feasible to spread the contract out among two or three different vendors. He said the vendor has to schedule fittings with the employees, which would be difficult with more than one vendor; he added that garments made by different companies may vary in size and fit. Mr. Noyola requested a break down of the cost of the seven line items. Mr. Garcia pointed out that Skaggs Public Safety submitted the lowest bid. City Secretary Chapa polled the Council for their votes as follows: 3. M2002-018 Motion approving a supply agreement with Skaggs Public Safety, San Antonio, Texas, for work unitbrms which include approximately 2,128 work pants; 2,917 work shirts; 71 coveralls; 1,290 "T"-shirts; 670 jersey knit shirts; 2,130 denim jeans; and 300 jackets, in accordance with Bid Invitation No. BI-0003-02 based on low bid for an estimated annual expenditure of $118,202.50. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 8, sale of city property, and he asked for an explanation~ Assistant City Manager Tom Utter explained that Curtis Clark Drive runs from South Staples Street east to where it dead-ends beyond the Bank of America building. He said the Council authorized staff to put Lots 20 and 21 east of Braeswood up for sale with the stipulation that, at a minimum, the bidder had to relocate the Nueces County Community Action Agency (NCCAA) facility across the Braeswood right-of-way and construct and dedicate to the city an extension of Curtis Clark Drive to Braeswood. Mr. Utter said one of the major reasons for that extension is the existence of a large apartment complex near the terminus of Curtis Clark and theheavy traffic on South Staples. He said that Mr. Glenn Lyons bid on the property and agreed to start construction of the street in 36 months and to relocate the NCCAA building beside the health center at his cost. Minutes - Regular Council Meeting January 15, 2002 Page 5 Responding to Council Member Kinnison, Mr. Utter said Lots 20 and 21 are currently zoned "R-1B" One-Family Dwelling District and staff will recommend that they be rezoned to business zoning. The adjacent properties are residentially zoned and they back up to a heavily wooded area. He said this transaction will also resolve drainage issues in that area. Mr. Kinnison said that while the extension of Curtis Clark is desperately needed, he is concerned that the proposed contract does not include a deadline when the work will be completed. Mr. Utter said staff was probably remiss in not including such a clause but he does not think the work will take more than six months. Mr. Glenn Lyons, 13901 Cabana North, said the road will be an integral part of the development project. He said the entrance at Braeswood onto Williams Drive will be widened to accommodate dedicated right- and left-mm lanes and it will serve as the main entrance into the project. Mr. Lyons explained that following the September 11,2001, terrorist attacks, prospective investors backed out of the project, which has delayed its implementation. He said that is why he asked that he be given 36 months to start the project. Mr. Kinnison asked Mr. Lyons if he would object to a 42-month deadline for completion of the road construction. Mr. Lyons said that once the road construction starts, he begins spending money. However, he said many unforseen events could occur and he would be uncomfortable with a 42-month deadline. *Council Member Longoria arrived at approximately 2:05 p.m. Mr. Kinnison asked what risks the city would be incurring by leaving the project open-ended with regard to the completion date. Mr. Utter said when Mr. Lyons asked for a 36-month period to start the project, staffexpected that six months would be sufficient to complete the road construction. He said if six months is not sufficient, then possibly 12 months would be. Mr. Lyons agreed that 12 months would be enough time to finish the project. Mr. Kinnison said this is a good project but he wanted to ensure that it contains a completion time. Mr. Utter said staff agrees with Mr. Kinnison. Responding to Council Member Colmenero, Mr. Utter said when Mr. Lyons brings his property to the city to be replatted, the name will go before the Planning Commission. He said he assumes it will be Curtis Clark Drive. He added that Braeswood is a "paper" street at this time. Mr. Kinnison made a motion to amend Item 8 to include a starting date within 36 months with completion within 48 months. The motion was seconded by Council Member Kelly and it passed. City Secretary Chapa polled the Council for their votes as follows: 8. M2002-023 Motion approving the sale of City property known as Lots 20 and 2 I, Block 4, Gulfway- Airline Park, Unit 1, located at the comer of Williams and Braeswood Drive for $100 and other bid requirements received by sealed bid and authorizing the City Manager or his designee to execute a special warranty deed for the sale and conveyance of the subject property. Minutes - Regular Council Meeting January 15, 2002 Page 6 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, FY 2002 capital budget. Mr. R.F. Hasker, 1813 Wallace, questioned expenses associated with the Garwood pipeline. Assistant City Manager Ron Massey replied that the cost of the Garwood water rights was about $14 million. Mr. Hasker said the original costs of the 30-mile pipeline were estimated to be $20 million to $40 million, but now they are estimated to be $98 million. He said in comparison, the Mary Rhodes pipeline, which is 104 miles long, cost $125 million. Mr. Massey said staff is evaluating proposals from engineering firms regarding several aspects of the Garwood project, including determining the pipeline route and method of delivery, in order to acquire an accurate cost estimate. He noted that the $88 million estimate is in the long-range capital improvement plan (CIP). He said even if the project ended up costing the total amount in the budget, the price of the water would be less than $300 per acre-foot, which is a very competitive price. Responding to Mayor Neal, Mr. Massey said the short-range CIP (FY 2002-04) does not contain any monies for construction of the Garwood pipeline but it does contain funds for the acquisition of right-of-way and design. In reply to Council Member Scott, Mr. Massey said the cost estimates have been updated in the last year as part of the regional water planning efforts and upon study of the area's groundwater supply system. Mr. Hasker continued to contend that the Gm'wood pipeline should be less expensive since it is much shorter than the Mary Rhodes Pipeline. Mr. Massey explained that those pipelines involve two different delivery systems from two water sources--the Colorado River (Garwood pipeline) versus the Lake Texana reservoir (Mary Rhodes Pipeline). He said there will be additional cost in capturing the water from the river. Council Member Kinnison noted that the Council was approving the FY 2001-02 capital budget. He said the Council has agreed to take a closer look at the long-range CIP, which the Council is not voting on today. Mr. Mark McDaniel, Director of Management and Budget, agreed that that will be a topic at the Council's upcoming retreat. Mr. Kinnison said the Council has also asked staff to review alternative funding mechanisms for the FY 2001-02 capital budget, such as "pay-as-you- go" versus incurring debt. Mayor Neal pointed out that the Council has not made any final decisions about the Garwood project. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 024730 Ordinance approving the FY 2002 capital budget in the amount of $152,674,800. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting January 15, 2002 Page 7 Mayor Neal referred to Items 13 and 14. A motion was made, seconded and passed to remove those items from the table and open the public hearing on the following zoning cases: 13. Case No. 1201-01. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 on Flour Bluffand Encinal Farm and Garden Tracts, Section 13, 7.89 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. City Secretary Chapa said the Planning Commission and staffrecommended approval of an "AB" District on Tract 1 and "B-4" District on Tract 2. 14. Case No. 1201-02. Glenn E. Lyons; A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 Flour Bluffand Encinal Farm and Garden Tracts, Section 13, 7.598 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. Mr. Chapa said the Planning Commission and staffrecommended approval of an "AB" District on Tract 1 and "B-4" District on Tract 2. Mr. Michael Gunning, Director of Planning, used a computer presentation to describe the two zoning cases. He said it is the applicant's intention to develop the two properties with mixed uses, including offices, retail and possibly multi-family uses. Mr. Gunning also showed photographs of the subject properties and adjacent properties. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. The ordinances passed by the following votes: l 3. ORDINANCE NO. 024731 Amending the Zoning Ordinance upon application by Glenn E. Lyons by changing the zoning map in reference to 7.89 acres out of Lots 18 and 19, Section 13, Flour Bluffand Encinal Farm and Garden Tracts, from "R-2" Multiple Dwelling District to "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. ORDINANCE NO. 024732 Amending the Zoning Ordinance upon application by Glenn E. Lyons by changing the zoning map in reference to 7.598 acres out of Lots 18 and 19, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, from "R-2" Multiple Dwelling District to "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comr~rehensive Plan. Minutes-RegularCouncilMeeting January l5,2002 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to Item 15, and a motion was made, seconded, and passed to open the public hearing on the dune protection and beach access plan. Mr. Utter explained that previously the city had an interlocal cooperation agreement with Nueces County and this proposal allows reciprocation with other jurisdictions that issue permits provided they have a parking permit fee equal to the City of Corpus Christi's fee. He said this proposal also allows for the adoption of a unified parking permit and he noted that these amendments do not go into effect until they are approved by the Texas General Land Office (GLO). No one appeared in opposition to Item l 5. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott said he thought it was the Council's desire to reach a consolidated reciprocal agreement with the other entities. Mr. Utter said that Nueces County currently charges $10 for a one-year beach parking permit and staff is recommending that the city also charge $10. In reply to Mr. Kinnison, Mr. Utter said the state cannot force the three entities to adopt a unified permit plan but the GLO Deputy Commissioner will be present at an upcoming meeting of the entities' representatives. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE.. Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by revising the provisions relating to beach user fees. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Items 16.a.-d. and 17.a.-d., beach area ordinances. City Manager Garcia said through these proposals, staffis attempting to take several existing ordinances which principally regulate urban parks and modify them so they apply to the beaches. He said several city departments have been involved in this process. The Mayor said the proposed amendments do not address fireworks on the beaches. Mr. Utter said they do not since fireworks are prohibited within the city limits. Mr. Garcia said that information will be included on the signs on the beaches. Mayor Neal also asked about the leash law. Mr. Garcia said the city has a strong leash law and this proposal is an exception to the normal leash law. Mr. Utter referred to page 158 in the agenda packet xvhich contains the proposed leash law amendments Minutes- Regular Council Meeting January l5,2002 Page 9 to Sec. 10-59(c) of the Code of Ordinances. Mr. Utter said staff feels that people would like to let their dogs run free on the beach but the dogs cannot harass, threaten or bite people and they must be under effective control and supervision. He added that Nueces County does not have a leash law. Council Member Longoria expressed concern about public safety with regard to letting dogs nm free on the beach. Mr. Garcia said staffassumed it was the Council's intent, upon the annexation of the beaches, that people would be able to continue enjoying the beaches in much the same way as they had in the past. He said people cannot do that if the city's existing ordinances are enforced in the newly annexed areas. Council Member Garrett said he spends a great deal of time on the beach and he recounted how a dog kept knocking his grandchildren down when they were at the beach. Mr. Utter said ifa dog behaves in that manner, the owner will be cited under this proposal. Responding to a question from Mr. Garrett, Mr. Gareia said that without the amended provisions under Sec. 10-59, any dog not on a leash, including those on the beach, would be in violation of the ordinance. In reply to Council Member Kinnison, Mr. Utter described how these proposals differ from the county's current regulations regarding animal control, camping, glass bottles, fires, vendors, traffic, beach festivals, juvenile curfew and alcohol. Mr. Kinnison asked about enforcement measures. Mr. Garcia said the Council approved the purchase of four-wheel drive vehicles for use on the beach and personnel will be used to patrol the beaches and man the lifeguard stands. Council Member Kelly asked if the proposed ordinance could specify certain areas where dogs are either not allowed or have to be leashed, such as the beach area south of Packery Channel in front of the seawall. Mr. Garcia said the Council could direct staff to include that provision. He said this is the first year that the city will be responsible for regulating large segments of beach areas and staff did not want to act in a heavy-handed fashion by imposing several regulations on a unique recreational area. However, if the Council is concemed about certain issues, staff can modify the proposals in a variety of ways. Responding to Mayor Neal, Mr. Utter said the city cannot control actions in the state park or the national seashore; however, county parks located in the city limits can be controlled. He added that the real issue to staff appears to be enforcement, which he discussed. Mayor Neal suggested that staff look at the area from the existing Port Aransas city limits south to an area beyond the heaviest inhabited area. Mr. Longoria said that J.P. Luby Surf Park is the most congested area where unleashed dogs would create problems. Mr. Garcia said they could reevaluate the ordinances after the first six months of their enforcement. Mr. Longoria also commented on the lack of litter control on the beaches. He said there needs to be an attitude of zero tolerance regarding that issue and personnel have to be assigned to enforce the regulations. Mr. Garcia said staff hopes to establish a group of lifeguards who will be able to provide such enforcement through citations. He said the city is committed to maintaining a high- profile beach cleaning program throughout the year. Council Member Scott agreed that trash control is a very important issue and the proposals should be reexamined after six months. Minutes - Regular Council Meeting January 15, 2002 Page 10 Council Member Colmenero asked about the presence of exotic animals on the beach. Mr. Utter said that exotic animals are covered under a different section of the Code of Ordinances, which is not being amended. City Attomey Bray added that generally exotic animals are not allowed in the city limits. Mr. Colmenero asked about glass bottles on the beach and Mr. Utter said that issue has been addressed several times without success in the Texas Legislature. Mr. Colmenero also asked about plastic bags, suggesting that local stores be urged to provide paper bags instead, and he questioned the provision regarding the number of campers and campsites. Mr. Utter said the Director of Park and Recreation will have to establish guidelines to regulate that provision. In response to another question from Mr. Colmenero, Fire Chief J.J. Adame discussed the provisions pertaining to fires on the beach. First Assistant City Attorney Jay Reining said the size parameters for fires are the same as those used by Nueces County and Port Aransas. Chief Adame pointed out that a fire station will be located on Mustang Island. Mr. Colmenero asked about no- parking areas to accommodate emergency vehicles. Mr. Reining said the city has the authority to close portions of the beach fbr health and safety reasons. Council Member Noyola commented on the need to maintain clean, safe beaches. There were no comments from the audience. City Secretary Chapa polled the Cotmcil fbr their votes as follows: 16.a. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 3 8, Peddlers, Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors; providing for penalties. The tbregoing ordinance passed on first reading by the following vote: Neal, Chesney, Co!menero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.b. F_.[RST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding animal control, beach festivals, beach vendors, bonfires and campfires, camping, glass containers, operating vessels in surf, and traffic control on Gulf of Mexico beaches; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.c. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf beach parks; providing for penalties. Minutes - Regular Council Meeting January 15, 2002 Page 11 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.d. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding curfews on beaches; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.a. M2002-026 Motion to amend prior to second reading by substituting a new revised Appendix VII which designates the beach fee areas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.b. ORDINANCE NO. 024733 Ordinance amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by revising Appendix VII, Designated Beach Fee Areas; providing for an effective date; and providing for penalties. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.c. M2002-027 Motion to amend prior to second reading by: (1) amending the beach parking permit fee amendments to Subsection C of Section 10-86 by making those provisions consistent with the first reading ordinance on this agenda which amends the Dune Protection and Beach Access Plan; (2) providing that any fee increase will not be effective until approved by the Texas General Land Office (TXGLO); and (3) making changes to comply with TXGLO requirements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.d. ORDINANCE NO. 024734 Ordinance amending Article VIII, Fees, of Chapter 10, Beachfront Management and Construction. of the Code of Ordinances. City of Corpus Christi: providing for an effective Minutes - Regular Council Meeting January 15, 2002 Page 12 date; and providing for penalties. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 18, revised annexation calendar. Mr. Utter said staff was asking the Council to rescind the previous motion pertaining to this annexation so that staffcan bring back the service plans for the revised areas and the Council can hold the public hearings. He then briefly described the proposed annexation areas (listed below). Council Member Kinnison asked what m-eas Nueces County would be responsible for cleaning. Mr. Utter said that according to state law, if a county owns a park or property that is adjacent to the beach, they are responsible for the beach clean up. However, if it is within the city limits, the city would be responsible for law enfomement. Mr. Gunning said the county would be left with approximately two miles of beach to maintain. Mr. Kinnison asked if the county would consider contracting with the city to conduct those clean-up efforts. Mr. Utter said he believes that will be one of the issues to be discussed by the City Manager and other representatives during an upcoming meeting. There were no comments from the audience. City Secretary Chapa polled the Council: 18.a. M2002-028 Motion rescinding Motion No. 2001-471 approving an annexation calendar and directing staff to prepare service plans and setting annexation public hearing dates. ~e foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 18.b. M2002-029 Motion approving a revised annexation calendar and authorizing staff to prepare service plans and schedule City Council public hearings to consider annexation of approximately 519.32 acres described as: Jones. Walter and GLO Beach Frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of Gulf beach frontage, from south-most property line of Padre Balli County Park to a point 500 feet south of the south-most property line of the Lawrence Jones property. The width of the strip extends westward from the city limit line on the Gulf of Mexico shoreline, being the 1.37-foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37-foot line above mean sea level Gulf of Mexico shoreline. Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf beach frontage. -T Minutes- Regular Council Meeting January l5,2002 Page 13 Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park); and Nueces Coun _ty land south of Mustang Island State Park: Publicly owned (Nueces County) tract of land comprising 221.00 acres and 4,211 feet of Gulf beach frontage generally surrounded by the existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37-foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929. Beach-front property north of Zahn Road: Privately owned tract of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf beach frontage abutting the city limits on the Gulf of Mexico shoreline, being the 1.37-foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929, and extending approximately 200 feet westward and between county-owned land and state-leased land at J.P. Luby Surf Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal announced the following executive session (Item 19), pumuant to Texas Govemment Code Section 551.071 regarding Kelly Lewis Jr. v. City of Corpus Christi, No. 94-1650- C, 94~h District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned fi'om executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said next week's meeting will begin at the regular time of 2 p.m. He said issues to be discussed include union dues and solid waste services. The Mayor noted that there were petitions from the audience to be heard. Mr. Brian Watson, 5813 Hugo, said he had some contact with homeless people when he lived in Austin and he said most of them are doing the best they can under difficult circumstances. He said the City of Austin contracted with the Salvation Army to build an additional shelter. He said he disagrees that the homeless should be arrested for trespassing violations as examples to others because he feels it will engender bitterness and could erupt into criminal actions. Mr. Leon Perez, 904 Buford, questioned why the city annexed additional areas toward Port Aransas. He said someone told him that Corpus Christi cannot even take care of the areas within its current city limits. Mayor Neal called for Council concerns and reports. Mr. Noyola said there is a rumor that the city is very quick to mm off people's utilities when their bill is in arrears. Assistant City Manager Jorge Crnz-Aedo said the notice goes out 17 days after Minutes - Regular Council Meeting January 15, 2002 Page 14 the bill date and if no payment is received, the customer receives a third notice with their bill for the following month. Mr. Gamia said that people having trouble paying their bill should call the city's utilities customer service department. Mr. Cmz-Aedo pointed out that city staff wants to work with customers during the month they are experiencing difficulties, not several months later. Mr. Scott said he will not be able to attend the February 12th City Council meeting and he thanked Mayor Neal, Council Members Garrett and Chesney and Police Chief Pete Alvarez for their attendance and efforts at a meeting regarding the homeless situation in Flour Bluff. He also requested information about the Garwood pipeline costs and he invited the Council to a Tex-21 transportation coalition meeting on February 8th in Corpus Christi. Mr. Colmenero provided the City Manager with concerns regarding McClendon, Atlantic, Sarita and Comanche streets, and he asked staffto begin the process of working with beach vendors in order to minimize the amount of litter that is generated. Mr. Garrett suggested that staffprovide additional information to the public about where to place their carts as part of the automated trash pick up program. He also asked about coasts for additional carts. Mr. Massey said it costs about $40 per container which can be paid all at once or included in the customer's monthly utility bill until the cost is paid off. Responding to Mayor Neal, Mr. Garcia said the city has a beach cleaning plan that staff is implementing. The Mayor said the Council had received information from Mr. John Torrey, owner of Captain Hook, about a beach-cleaning machine he invented. Mr. McDaniel said staffwill continue to discuss the issue with Mr. Torrey. Mr. Jeff Kaplan, Director of Solid Waste Services, specified that the cost for a 95-gallon container is $40 and $36 tbr a 65-gallon container. He said customers can contact SWS at 857-1970 for more infi~ra:atior~. There being no fitr~er business to come before the Council, Mayor Neal adjoumed the Council meeting at 4:10 p.m. on January 15, 2002. i' ~ CIVIL SERVICE BOARD/COMMISSION - One (1) vacancywith term to 6-15-02. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally, the same member serves on the Board and Commission.) NOTE: Since the term will expire shortly, it is recommended that Council automatically reappoint the new member to a term ending 6-15-05. COMPOSITION Three (3) members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secreta~. Members receive $5 per Board meeting, not to exceed $100 per year. MEMBERS TERM ORIGINAL APPTD. DATE Andre~v Lehrman, Chairperson * Rixio E. Medina, Vice-Chairperson Cydney Farrar 6-15-03 10-14-97 6-15-02 6-28-99 6-15-04 7-18-00 * Resigned NOTE: City Manager David R. Garcia is recommending the appointment of ~4urelio "Ray" Vaidez to the Civil Service BoartL INDIVIDUALS EXPRESSING INTEREST Robert R. Canales Safety Inspector, Valero Refining. Pursuing M.A. in Public Administration. Texas A & M - Corpus Christi. Member of American Society of Safety Engineers. Served on Planning Commission for four years. (l l-OI-OD John E. Dunn Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recognitions include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-25-01) 01-22-02.wpd, p. 1 Paul Grivich Pete Olivares Raul Torres Aurelio "Ray" Valdez Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (6-05-01) Teacher. B.S. and Masters in Education. Member of the American Federation of Teachers (AFT), Corpus Christi Bilingual Association, LULAC and International Reading Association. (5-01-00) C.P.A., Self-Employed. Member of Texas Society of C.P.A.s and American Management Association. (6-27-01) Retired Executive Director, Corpus Christi State School. Holds a Master's degree in Education. Member of the Westside Business Association, the Padre Island Rotary Club and the histituto de Cu!turas Hispanicas. Has 35 years experience in the field of Public Administration. (1~15-02) 01-22-02.wpd, p. 2 AGENDA MEMORANDUM DATE: January 22, 2002 SUBJECT: O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade, Part 2. (Project #8270) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services agreement in the amount of $95,565 with BHP Engineering & Construction, Inc. for the O. N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade, Part 2. (Project #8270) ISSUE: This project will document needed information for Process and Instrument Diagrams (P&ID's) necessary for optimization of water treatment and SCADA (Supervisory Control and Data Acquisition) operation of the plant. FUNDING: Funds for this project are available in the FY 2000-2001 Capital Improvement Budget. /~MENDATION: Staff recommends approval of the motion as presented. ~'~'el'R. Escobar, P. E., Water Superintendent Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade, Part 2. (Project #8270) PRIOR COUNCIL ACTION: 1. March 7, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $780,565 with BHP Engineering for the O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade. (Motion M2000-068) 2. July 25, 2000 - Adoption of the FY 2000-2001 Operating Budget (Ord. No. 024130) which included funds for annual instrumentation maintenance. 3. December 19, 2000 - Motion authorizing the City Manager or his designee to execute a contract in the amount of $356,333 with Rabalais I & E Constructors for rendering services associated with the O.N. Stevens Water Treatment Plant On- Going Instrumentation Maintenance Program, FY 00-01. (Motion M2000-447) 4. December 19, 2000 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $14,454 to the engineering contract with BHP Engineering and Construction, Inc. for the O.N. Stevens Water Treatment Plant On-Going Instrumentation Maintenance Program, FY 00-01. Motion M2000- 448) 5. January 8, 2001 - Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $3,256,190 for the O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade, Part 2. (Motion M2002-04) PRIOR ADMINISTRATIVE ACTION: 1. Auqust 24, 2000 - Approval of an engineering services agreement in the amount of $9,480 with BHP Engineering and Construction, Inc. for the O.N. Stevens Water Treatment Plant On-Going Instrumentation Maintenance Program, FY 00-01. FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: As part of the O.N. Steven Plant Ongoing Instrument Maintenance project for Fiscal Year 00-01, there were five projects for which Process and Instrument Diagrams were not developed. The projects were: Caustic Storage System; · Sedimentation Basins 1 & 2; · Texana Additions; · Ammonia and Sluice Gates; and, · Degrit Washwater Return Systems I EXHIBIT ',~ENGINEERING~DATAl',HOME~.YNDAS,GEN~ONS~289-8270 Chemical Stera~ & F~dmen[ No., - O,i~ ins! & ~gJ2jf~ These projects were installed when Supervisory Control and Data Acquisition (SCADA) was not as integral to plant operations as it is today. With the current emphasis on re- engineering, Computer Maintenance and Management Systems (CMMS) and Risk Management Planning (RMP), it is now imperative that plant processes be documented on all current and past projects. The O.N. Stevens Ongoing Instrument Maintenance program for Fiscal Year 00-01 included the remaining P&ID. The contract for the annual instrument maintenance and remaining P&ID's was awarded to Rabalais I & E Constructors on December 19, 2000. During the past several months the contractor has delayed completion of the P&ID component of the contract. Several contracts simultaneously under construction at the plant have contributed to the need to delay completion of the P & ID component. It has now been deemed in the City's best interest to: · remove the P&ID component from Rabalais' contract; and, · amend the contract of BHP Engineering and Construction, Inc. to complete the necessary documentation for the remaining projects. A Deductive Change Order in the amount of $122,000 was issued to Rabalais I & E Contractors removing the SCADA documentation from the project scope. BHP Engineering and Construction, Inc. is very knowledgeable in the area of SCADA documentation and quite familiar with the operations of the O.N. Stevens Water Treatment Plant. They have successfully completed projects of a similar nature for the City and will be able to expedite P&ID development and completion of SCADA documentation at a cost savings of $26,435 to the City. PROJECT DESCRIPTION: This project will include developing SCADA Documentation and completing document maintenance of the Process and Instrument Diagrams in accordance with the City of Corpus Christi's preferred standard format in both a reproducible set and in electronic format. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "C". EXHIBIT 'A' I II Page2of2 \~NGIN E E RING~DATA I~IOM E~LYN DAS;G E N~ONS~8269-8270 Chemical Storage & Feed~Amendment NO. 4 - Ongoing inst. & maint~Bac~ground.doc CONTRACT SUMMARY AMENDMENT NO. 4 Chemical Storage and Feed System Addition and Upgrade SCOPE OF PROJECT: Chemical Storage and Feed System Addition and Upgrade, Part Two (Project #8270) Contract for Professional Services, Section 1. SCOPE OF PROJECT, Part A, is amended to include: SECTION 3. This portion of the project will provide for developing SCADA Documentation for the Caustic Storage System, Sedimentation Basins 1 & 2, Texana Additions, Ammonia and Sluice Gates, and Degrit - Washwater Retum Systems projects. Exhibit "A", Section 1. SCOPE OF SERVICES, Part A. Basic Services, Number 2. Design Phase, is amended by the inclusion of: Complete and submit Process and Instrument Diagrams (P&ID's) in accordance with the City of Corpus Christi's preferred standard format in both a reproducible set and in electronic format. Exhibit "A", Section 2. SCHEDULE, is amended to include: PART A - Section 3 1. 100% Process and Instrument 26 weeks after receipt of contract Diagrams Exhibit "A", Section 3. FEES, Part C. Summary of Fees is amended to include the following shown below: I EXHIBIT "B" Page 1 of 3 O.N. STEVENS WATER TREATMENT PLANT CHEMICAL STORAGE AND FEED SYSTEM ADDITION AND UPGRADE Contract Amd Amd Amd Amd Total . Amount No. I No. 2 No. 3 No. 4 ContracL FEES FOR BASIC SERVICES Part A - Section 1 Preliminary Phase $19,648 $0 SG $0 $0 $19,648 Design Phase $83,450 $8,400 $14,95(~ $0 $05106,800 Bid Phase $4,790 $0 $(~ $0 $0 $4,790 Construction Phase $15,112 $0 $01 $0 $0 $15,112 Subtotal of Basic Service Part A - $123,000 $8,400 $14,95~ $0 $0 $146,350 Section 1: Part A - Section 2 Preliminary Phase $40,603. $0 $(~ $0 $0 $40,603 Design Phase $190,874 $0 $(~ $0 $0 $190,874 Bid Phase $5,799 $0 ${~ $0 $0 $5,799 Construction Phase $28,162 $0 ${~ $0 $0 $28,162 Subtotal of Basic Service Part A - $265,438 $0 $(~ $0 $0 $265,438 Section 2: Part A - Section 3 Design Phase $0 $0 $0 $0 $95,565 $95,565 Subtotal of Basic Service Part A - $0 $0 $0 $0 $95,565 $95,565 Section 3: Part B - Stage One Section 1 - Facility Optimization Plan $47,943 $0 $~ $0 $0 $47,943 Section 2 - SCADA Architecture $46,810 $0 $(~ $0 $0 $46,810 Section 3- Phosphate Use $24,352 $0 $(~ $0 $0 $24,352 ~Subtotal of Basic Service Part B - $119,105 $0 $(~ $0 $0 $119,105 Stage 1: FEES FOR ADDITIONAL SERVICES 1. Permitting $0 $0 $01 $0 $0 ${~ 2. ROW Acquisition $0 $0 $01 $0 $0 $(~ 3. Topographic Survey $6,000 $0 $0; $0 $0 $6,000 ¢. Environmental Assessment $0 $0 $(~ $0 $0 $0! SA. Inspection Services - Part A, $21,600 $0 $01 $0 $0 $21,600 Section 1 I EXHIBIT "B" Page 2 of 3 Contract I Amd Amd Amd Amd Total Amount I No. 1 No. 2 No. 3 No. 4 Contract 5C. Inspection Services - SCADA $45,830 $0 $0 $0 $0 $45,830 SA. Operations Training & Startup $8,320 $0 $0 $0 $0 $8,320 Services - Part 1 ~ Services6B' Operations_ Part 2Training & Startup $33,280 $0i--- $0 $0 $0 $33,280 7. Warranty $5,000 $0 $01 $0 $0 $5,000 8. Re-Engineering Services $15,000 $0 $0-$4,800 $0 $10,200 9. LAN Architecture $50,872 $0 $0 $0 $0 $50,872 10. Independent Engineering $0 $0 $0 $4,800 $0 $4,800 Inspection Sub-Total Additional Services: $273,022! $0 $0 $0 $0 $273,022 Total Contract $780,565 $8,400! $14,950 $0, $95,565,$899,480 Page 3 of 3 iM~ro~ect \ councilexhiblts ~ exh82 ?O. dw~7  r~ PROJECT O,N. STEVENS WATER TREATMENT PLANT S~ TE sz~ PLAN ~~~ Son Pofricio Counfy~ LOCATIO~ ~ ~OT ~0 5~LE C~P PR~ECT No. 8270 EXHIBIT "C' ~.N. Stevens Watec Tcea~ment P~an~ Chem~ca~ cz~ COUNCZL EXH~B~T ~ Feed System Addition and Upgcade, Pac~ 2 ~ o~ ~ s~c~ PAGE: I o~ I ~ C~ OF CORPUS CHRISTI, TE~S DA~: 01/16/2002 ~ 4 AGENDA MEMORANDUM Janua~ 12,2002 AGENDA ITEM: Ordinance approving $3,490.04 (from James A. Dodson and Karen K. Dodson) as developer's contribution for in lieu of half street construction of portion of cul-de-sac of University Drive (with supporting public utility infrastructure), as required by development of Lots 3A and 3B, Block 3, Ocean Drive Addition; and establishing a separate subaccount for said half street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for completion of "improvements" at time of platting and development of properties directly adjacent to and abutting the secured "improvement" opposite Lots 3A and 3B, Block 3, Ocean Drive Addition; and declaring an emergency. ISSUE: The interest of the public is best served by delaying the street construction (one- fourth of cul-de-sac) of University Drive with supporting infrastructure improvements that is part of the platting requirements of Lots 3A and 3B, Block 3. Ocean Drive Addition. REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash in lieu of street construction. RECOMMENDATION: Staff recommends approval of the ordinance as presented. r'~ nge . I=SCooar, P.E. Director of Engineering Services ATI'ACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Site Plan Supporting Cost Estimates AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Requirements of Repiattin._ of Dodson Property_. Mr. and Mrs. James A. Dodson have repiatted Lot 3, Block 3, Ocean Drive Addition into Lots 3A (0.319 acres) and 3B (0.275 acres) with the intent of building a new home (their future residence) on Lot 3B and subsequently selling Lot 3A where their present residence is located. (See Exhibit B, Site Plan). In accordance with the Platting Ordinance, the Dodsons are required to construct the quarter portion of the street cul-de-sac at the southeast comer of Lot 3B, approximately 1071 square feet of pavement, and the related infrastructure. The right-of-way was dedicated in September 1963 and is recorded in Volume 1,014, Page 98, Deed Records of Nueces County Texas (D.R.N.C.T). The unimproved (not constructed) cul-de-sac is the currently proposed northern terminus of University Drive, a local street which has a reach of about 410-foot length (its northern end) yet to be improved, with portions abutting unplatted properties and still not dedicated. University Drive is a 28 foot wide, back-to-back curb and guttered street within a 50 foot right-of-way. Since the end section of University Drive is not constructed, it is not logical to pave all or any portion of the cul-de-sac at this time. Staff has therefore determined that the best interests of the public will be served if infrastructure construction is delayed until such time as all the required dedications are obtained and the remainder of the street can be completed at one time. The Planning Commission approved the Dodsons plat on the basis that money would be collected in lieu of the required construction. The Dodsons need the plat filed for record in order to obtain building permits from the City for their proposed new residence. The plat cannot be filed until payment is received in lieu of construction. By the ordinance being proposed, City Council can approve the payment of $3,490.04, which is the estimated cost of the required improvements. (See Exhibit C, Supporting Cost Estimates). Future Vacation and Abandonment of Street and Alley Right-of-way. The Dodsons have been working with three other owners of properties which embrace the undeveloped reach of University Drive to jointly pursue vacation and abandonment (closure) of the portions of the right-of-way adjacent to their properties. The other property owners are: Mr. & Mrs. J. Eluid Fuentes Mr. & Mrs. Rogers Bracy Mr. and Mrs. Dan Pedrotti Lot 4 Lots 7B, 8B, and 8C Lot 13A Page 1 of 2 These property owners are currently negotiating with the owners of Lot 9 and Lot 14 who would be required to dedicate and pave a small additional increment of right-of-way for the relocated cul-de-sac if, in fact, the vacation and abandonment being proposed occurs. The City Council is the approval authority for their proposed action, if and when their application is processed for Council consideration. The vacation and abandonment of street and alley rights-of-way will obviate the need for construction of the cul-de-sac in the Dodsons' property. Mr. and Mrs. Dodson have communicated to City Staff their desire that, in the event of closure, the monies being provided in lieu of construction for the finalization of the plat be either refunded or allowed to be transferred, at their election, to cover some portion of the assuming property owner's cost for street construction on that portion of University Drive which will eventually be built. In discussions with the Dodsons regarding this issue, City Staff representatives agreed that their request appeared reasonable and would be included in this package for information and for the purpose of raising the issue and making a recommendation to the City Council at a future date when the request for vacation and abandonment of the rights-of-way is processed for action. Current ordinances do not provide authority for the City to commit to either refunding or transferring the monies. Condition This Ordinance will releive Mr. and Mrs. James Dodson from any future obligation to construct any of the aforementioned public improvements as it relates to Lot 3B, Block 3, Ocean Drive Addition. Page 2 of 2 r~ OCEAN OR!VE LOT 3-A BLOCK 3 Dodson LOT 2-A LOT 3-B BLOCK 3 Dodson 5' U,E LOT 4 BLOCK 3 Fuentes LOT 7B Br~cy L LDT 8C Br~cy LOT 8B Bracy LOT 9 Schmid~ LOT 5 BLOCK 3 Fuen~es LOT 13B ~T TO SCALE LOT 14 Co.r~e~ STREET DEFERMENT COST ESTIMATE* FOR PORTION OF CUL-DE-SAC ABUTTING LOT 3B, BLOCK 3, OCEAN DRIVE ADDITION ITEM NO. DESCRIPTION QTY. 1 Street Excavation 138 2 Lime Stabilized Sub Base 138 3 Caliche Base 119 4 Prime Coat 18 5 H.M.A.C. 119 6 Curb and Gutter 59 7 Sidewalk 278 *Prepared by HDR Engineering. UNIT UNIT TOTAL PRICE COST S.Y. $ 2.50 $ 345.00 S.Y. 2.90 400.20 S.Y. 6.50 773.50 Gal. 1.50 27.00 S.Y. 6.15 731.85 L.F. 7.00 413.00 S.F. 2.00 556.00 SUBTOTAL $3,246.55 Engineering ~ 7.5% ~233A9_ TOTAL $3,490.04 EXHIBIT C Page I of 3 ORDINANCE APPROVING $3,490.04 (FROM JAMES A. DODSON AND KAREN K. DODSON.) AS DEVELOPER'S CONTRIBUTION FOR IN LIEU OF HALF STREET CONSTRUCTION OF PORTION OF CUL-DE-SAC OF UNIVERSITY DRIVE (WITH SUPPORTING PUBLIC UTILITY INFRASTRUCTURE), AS REQUIRED BY DEVELOPMENT OF LOTS 3A AND 3B, BLOCK 3, OCEAN DRIVE ADDITION; AND ESTABLISHING A SEPARATE SUBACCOUNT FOR SAID HALF STREET IN THE CITY INTEREST-BEARING ACCOUNT IN THE INFRASTRUCTURE TRUST FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS" AT TIME OF PLATTING AND DEVELOPMENT OF PROPERTIES DIRECTLY ADJACENT TO AND ABUTTING THE SECURED "IMPROVEMENT" OPPOSITE LOTS 3A AND 3B, BLOCK 3, OCEAN DRIVE ADDITION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,490.04 (from James A. Dodson and Karen K. Dodson.) is approved as the developer's contribution for the in lieu of half street construction of the cul-de-sac portion of University Drive(with supporting public utility infrastructure),as required by the development of Lots 3a and 3B, Block3, Ocean Drive Addition. SECTION 2. That the City shall establish a separate subacccount in the interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and City shall restrict said monies for the completion of "improvements" at the time of platting and development of the properties directly adjacent to and abutting the secured Ulmprevement" opposite Lots 3a and 3B, Block3, Ocean Drive Addition. · . Page 2 of 3 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 22nd day of January, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED 11 January 2002 James R. Bray, Jr. City Attorney By: Doyle D. ~.~is Senior Assistant City Attorney ~. . : - Page 3 of 3 Corpus Christi, Texas " day of ,2002. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ~dinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. . Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L, Neal, Jr., Mayor Rex A. Kinnison John Longoria CITY COUNCIL AGENDA MEMORANDUM 01/17/02 AGENDAITEM: Authorize the City, or his designee, to execute a contract with David E. Blanchard, D.O., as the Medical Director for the Corpus Christi Fire Department for a two year period at annual rate of $30,000. ISSUE: Dr. Richard Davis has been the Medical Director for the Corpus Christi Fire Depa~hsent since Janua~, 1981. Dr. Davis has submitted a letter requesting that his contractual relationship with the City be terminated on January 31. Dr. Blanchard has been the Emergency Room Medical Director for CHRISTUS Spohn Hospital Memorial (the regional trauma center) for the past two years. He has multiple years of experience as Medical Director for multiple EMS systems and has agreed to work with the Corpus Christi Fire Departmem. REQUIRED COUNCIL ACTION: The Fire Department operates what the State refers to as an advance life support service, and according to State law, rules, and regulations such a senriee must have medical direction and all skills provided by the paramedics must be performed under a physician's license. Approval of this item will satisfy the State requirement. PREVIOUS COUNCIL ACTION: A sinnilar contract was approved in 1991 with Dr. Davis. Only minor modifications have been made between that contract and the current proposed contract. FUNDING: Funds are currently appropriated within the EMS Budget for the services of a Medical Director. No new funding is required by this proposed contract. CONCLUSION AND RECOMMENDATION: It is therefore recommended that the Council authorize the City Manager, or his designee, to execute a contract with David E. Blanchard, B.O., a physician curremly licensed to practice medicine in the State of Texas, as the Medical Director for the Corpus Christi Fire Department. J.J. Adame, Fire Chief 6 ORDINANCE STATUS Ordinance Amending City of Corpus Chdsti, Texas Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by revising the provisions relating to beach user fees. January 15, 2002 Passed: 9-0 January 22, 2002 Ordinance will be amended prior to second reading by deleting Section 3, which states that the ordinance would not be effective until the General Land Office approves the amendments. Amendments to the Comprehensive Plan do not require General Land Office approval. CITY COUNCIL AGENDA MEMORANDUM January 18, 2002 AGENDA ITEM: ITEM A: MOTION TO AMEND PRIOR TO SECOND READING BY DELETING SECTION THREE (3) AND RENUMBERING SECTION 4 AS SECTION THREE (3). ITEM B: SECOND READING OF AN ORDINANCE AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY REVISING THE PROVISIONS RELATING TO BEACH USER FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUES: Item A: Section 3 stated that the ordinance amending the Comprehensive Plan would not be effective until approval by Texas General Land Office (GLO). This ordinance amending the Comprehensive Plan is not required to be sent and approved by the GLO. However, City Council amendments to Chapter I0 of the City Code of Ordinances implement the Comprehensive Plan Policy on beach parking fees and will be submitted to the GLO as required by State Statue. The Chapter 10 amendments will become effective after GLO approval. Item B: The purpose of this amendment is to allow recognition by the City of Corpus Christi of beach user fee parking stickers issued by the City of Port Aransas, Nueces County or Kleberg County. This amendment will allow the City and the other govemmental entities, responsible for beach cleaning, to create a uniform beach parking sticker program between the City of Port Aransas, Nueces County, Kleberg County and the City of Corpus Christi. The intent of the ordinance is to benefit the beach going public by providing a unified beach parking sticker program. Participation in a "unified parking sticker program", by the other governmental entities, would be voluntary and subject to approval by the Texas General Land Office. PRIOR PLANNING COMMISSION ACTION: · December 19, 2001 - Planning Commission held a public hearing, modified the draft amendment and recommended City Council adoption. · November 30, 1994 - Planning Commission recommended approval of the City Council Dune Protection and Beach Access Plan and Regulations Amendments January 18, 2002 Page 2 proposed amendments to the Dune Protection and Beach Access Plan based on revised state Beach/Dune Rules and required revisions imposed by the General Land Office. July 14, 1993 - Planning Commission recommended approval of the original Dune Protection and Beach Access Plan for the portions of Mustang and Padre Island within the City's city limits and its extraterritorial jurisdiction. PRIOR CITY COUNCIL ACTION: · January 15, 2002 - City Council approval on first reading of an Ordinance a revised beach parking fee policy. December 11, 2001 - City Council on Second Reading of an Ordinance approved a policy statement and graphic in support of the Packery Channel Project and approved revising the Erosion Line within the Dune Protection and Beach Access Plan. February 28, 1995 - City Council amended the Dune Protection and Beach Access Plan based on revised Beach/Dune Rules and required revisions imposed by the General Land Office to the original Plan. · August 10, 1993 - City Council approved the original Dune Protection and Beach Access Plan. FUTURE COUNCIL ACTION: · January 22, 2002 - 2nd reading of the proposed ordinance amending the Dune Protection and Beach Access Plan REQUESTED COUNCIL ACTION: ITEM A: MOTION TO AMEND PRIOR TO SECOND READING BY DELETING SECTION THREE (3) AND RENUMBERING SECTION 4 AS SECTION THREE (3). City Council Dune Protection and Beach Access Plan and Regulations Amendments January 18, 2002 Page 3 ITEM B: APPROVAL ON SECOND READING OF AN ORDINANCE AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN. AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY REVISING THE PROVISIONS RELATING TO BEACH USER FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. STAFF RECOMMENDATION: Approval. IV~chael N. Gmm'~- g, Director of Planning W. Thomas Utter Assistant City Manager Attachment: Attachment I: Ordinance Amending the Dune Protection and Beach Access Plan Page 1 of 3 AN ORDINANCE AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY REVISING THE PROVISIONS RELATING TO BEACH USER FEES; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning amendments to the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 19, 2001, during a meeting of the Planning Commission and on Tuesday, January 15, 2002, during a meeting of the City Council, in the Council Chambers at City Hall, in the City of Corpus Christi, allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Part III.B. of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "111. VEHICULAR MANAGEMENT TIES TO BEACH CONSTRUCTION MANAGEMENT, BEACH USER FEES, DUNE PROTECTION AND STATE RESPONSIBILITY B. Beach User Fees Within the incorporated city limits, the City may require beach users to display beach parking permits on all vehicles parking on designated public beaches and in designated beach parking areas. The Beach Parking Permits shall be valid for off-beach parking and the fee charged shall be in accordance with the-Gi~y~ I.~','~.l~,.,.~l ~ ...... ,I.:~,. ^ ....... * .... :*:' ~:~:": ....... *:"" end General Land C:\WINDOWS\TEMP\Rev1-22-.doc Page 2 of 3 Office requirements. In the ordinance establishinq beach user fees, the City Council may authorize: (1) recognition of beach parkin.q permit stickers issued by the City of Port Aransas or Nueces or Kleberq County, if the qovernmental entity imposes a beach parkinq permit fee that equals or exceeds the City of Corpus Christi beach parkinq permit fee and enters into an interlocal cooperation a.qreement with the City that provides for reciprocal recoqnition of beach parkin,q permits; and/or (2) adoption of a unified parking permit pursuant to an intedocal cooperation agreement with the City and one or more of the governmental entities named in (1) above. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. C:\Wl N DOWS\TEMP~Rev1-22-.doc Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 15th day of January, 2002, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenere Henry Garrett Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the 22nd day of January, 2002 by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 22nd day of January, 2002. ATTEST: Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED AS TO LEGAL FORM 16 January, 2002: James R. Bray, Jr. City Attorney By: Doyle D. Curtis Senior Assistant City Attorney C:~WrNDOWS~TEMP~Rev1-22-.doc 7 ORDINANCE STATUS a) Motion to amend prior to Second Reading by deleting the words 'operating vessels in surf' in the caption of the Ordinance. b) Ordinance- Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding animal control, beach festivals, beach vendors, bonfires and campfires, camping, glass containers, operating vessels in surf, and traffic control on Gulf of Mexico beaches; providing for penalties. c) Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding curfews on beaches; providing for penalties. d) Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf beach parks; providing for penalties. e) Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 38, Peddlers, Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors; providing for penalties FIRST READING January 15, 2002 Passed: 9-0 FINAL READING January 22,2002 COMMENTS Ordinance will be amended prior to second reading by deleting the text "operating vessels in surf' in the Ordinance Caption. The inclusion of this text was a clerical error as the first drafts included this language and was inadvertently left in the final copy. No other changes are required. CITY COUNCIL AGENDA MEMORANDUM Date: January 11, 2002 AGENDA ITEM: (A) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding animal control, beach festivals, beach vendors, campfires, camping, glass containers, and traffic control on Gulf of Mexico beaches. (B) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding curfews on beaches. (C) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf beach parks. (D) Ordinance amending the Code of Ordinances~ City of Corpus Christi, Chapter 38, Peddlers, Vendors. Itinerant Merchants and Solicitors, regarding park and beach vendors. ISSUE: The annexation of additional gulf beach areas necessitates the adaptation of a number of the City's regulatory ordinances to the beach areas. Staff's proposed revisions are contained in the attached ordinances. By State law, ¢ffectuation of these ordinances will require approval of the Texas General [,and Office, which has been provided with copies prior to first reading, l'he prima~ effects of the attached ordinances are summarized below. Some modification of these ordinances will probably be suggested prior to second reading after GLO comment and further staff discussion. Animal Control.'. Dogs oil the beach are not required to be leashed, but the owner or master is responsible for assuring that they do not harass or attack other animals or persons. Camping2.' 1) Permitted for three consecutive days not exceeding six days in a month; 2) not permitted in front of condominiums, hotels and dwellings; 3) subject to reasonable rules prescribed by the Park Director as to nmnber of campers in an area, number of persons at a campsite, noise, and activities inconsistent with other beach users. Glass Bottles: Prohibited. Fires: Permitted under the following conditions: 1) 50' from any permanent structure; 2) 75' from any vegetation line or dune; 3) 25' from any vehicle; 4) in a barbecue pit, or open fire on the ground not larger than 3' across; 5) but not during a southerly or easterly wind exceeding 20 mph; 6) must be extinguished with water. Vendors: l) Permits may be obtained for fixed site or mobile vending. 2) Fixed site permits are for 90 days pursuant to reasonable restrictions on the site. 3) Mobile vendors can vend during daylight areas, must remain mobile except actnally engaged in a transaction xvith a customer, must meet noise limitations, and must comply with various safety regulations. Traffic: I) The City Manager may establish and delineate pedestrian safe areas more than 25' from the vegetation line or seawall, with GLO approval. 2) Traffic may be restricted to 50' corridors. 3) One way traffic may be established under very limited conditions. 4) Beach areas may be temporarily 2JRB2800.001 closed in limited situations for safety reasons. 5) The number of vehicles may be limited on portions of the beach during high use periods. Beach Festivals: 1) A promoter of an event must get a permit if the event is to last for more than three hours and anticipates more than 100 attendees. 2) Application must be made 30 days in advance and provide substantial information necessary to protect public safety and the beach. 3) The promoter must agree to adequate measures for the public health and safety, such as litter control, fire prevention, toilet facilities, drinking water, first aid, dune protection, insurance, etc. Juvenile Curfew: The existing curfew is applied to the beach. Alcohol: Alcohol is permitted in city parks on the gulf beach, subject to State law. RECOMMENDATION: Approval of ordinances as submitted. 2JRB2800.001 2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, REGARDING ANIMAL CONTROL, BEACH FESTIVALS, BEACH VENDORS, BONFIRES AND CAMPFIRES, CAMPING, GLASS CONTAINERS, AND TRAFFIC CONTROL ON GULF OF MEXICO BEACHES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 10-59 is revised to read as follows: "Sec. 10-59. Animal control. "(a) No person shall allow a dog or other animal to attack or threaten any person or other animal on a public beach. "(b) Except as provided in subsection (c) of this sectiop, control Gentrcl--of animals shall be in accordance with chapter 6 of the Code. "(c) A doq is considered under restraint for the purposes of Section 6-20 while on a Gulf of Mexico beach, if the dog is under the effective control and supervision of its owner, master, or trainer. Effective control and supervision includes the doq beinq on a leash or subject to the commands of its owner, master, or trainer, or other restrictions that will keep the dog from harassing, threatening, biting, or attacking__an_y, other animal or person. SECTION 2. Section 10-58 is revised to read as follows: "Sec. !0-58. Camping. "(a) For the purpose of this section: "(1) "Camping" means occupying a site as a dwellinq place for any lengLh of time, whether in a vehicle, tent or improvised shelter, sleepinq bag or without a shelter. Occupation of a site under the circumstances above for more than two (2) hours at any time during the period from midnight to sunrise shall be presumed to be overnight camp n.q. "(2) "Director" means the Director of the City's Parks & Recreation Department, or the Director's desiqnee. BeachRevisedR1406081doc 2 "(37 "Gulf of Mexico beach" means a beach alonq the Gulf of Mexico within the city limits, except within the Mustanq Island State Park, any beach park operated by Nueces County, or in front of the seawall on North Padre Island. "(b) Except in areas between a residence and the Gulf of Mexico, includinq a condominium, hotel, or motel, a person may camp on a Gulf of Mexico beach for a period not to exceed three (37 consecutive days nor to exceed six (6) total days in any calendar month. 'No campinq areas' are desiqnated by posted signs. "(c) The Director may prescribe rules .Cloverninq campinq, includinq but not limited to, limitation of the number of campers and campsites, limitation of the number of persons who may occupy a campsite, limitation of noise, and re.qulation of activities potentially inconsistent with the public's use of Gulf of Mexico beaches. "(d) The Director and city employees authorized by the Director may direct any individual to cease an activity inconsistent with the riqhts of other beach users, or may order the individual to leave the area. Any peace officer may arrest or issue a citation for a violation of state law or city ordinance committed in his presence in the areas described in this section. "(el All provisions of this section, and any rules or directives by the Director, shall be applied equally and uniformly to all persons. Nothing herein shall be applied so as tn violate any individual's riqht of free speech or expression under the law." SECTION 3 Article VI of Chapter 10, Beachfront Management and Construction, is amended by adding Sections 10-65 - 10-68, to read as follows: "ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH "Sec. 10-65. Glass bottles and qlass containers prohibited. "It shall be unlawful for any person to possess or place, take, or deposit any ~qlass bottle or qlass container of any kind on or in any beach alonq the Gulf of Mexico within the corporate limits of the city. "Sec. 10-66. Reserved. "Sec. 10-67. Fires regulated. "(al As used in this section: "(1) "Campfire" means a fire contained in a barbecue pit constructed and maintained by the city, or in a portable barbecue pit, or an open fire in a fire pit or on the qround, and is not larqer than three feet in any dimension. ~3eachRevisedR 14060B 1 doc 3 "(b) No person may build, operate, or use a fire on any beach along the Gulf of Mexico unless in accordance with the provisions of this section. "(c) A person may build, operate, or use a campfire on a beach along the Gulf of Mexico, if: "(1) The campfire is at least fifty f~,et (50') from any permanent structure, at least seventy-five feet (75') from any veqetation line or dune, and at least twenty-five feet (25') from any vehicle with combustible fuel; and "(2) The prevailing wind will not blow embers into or beyond the dunes. Any wind cominq from between the eastedy and southerly direction that exceeds twenty (20) miles per hour as reported by the National Weather Service at the Corpus Christi Airport is considered capable of blowinq embers into and beyond the dunes. "(d) All campfires must be extinquished when no longer in use. No hot embers may be left on or buried in the sand. Embers must be thoroughly doused with water and cool to the touch before the person who built the campfire leaves the site. "Sec. 10-68. Gulf of Mexico beach vendors--Special regulations. "(a) No permit shall be issued to any vendor to operate his business and no vendor shall vend on any beach within the City along the Gulf of Mexico shoreline or on the seawall except as follows: "(b) Vendors shall be permitted to operate upon the Gu!f beaches in the city or on the seawall,_subiect to the following restrictions ~nd requlations in addition to other -- conditions imposed upon vendors by Articie I of Chapter 38: "(1) The Director of Parks and Recreation may establish designated vendor sites for Gulf beaches within the City__a_n.d upon the seawall_Ltaking into account the followinq factors: "a. Primary use and users of the beach. "b. Pedestrian and vehicle traffic flows and conqestion. "c. Parkinq facilities. "d. Availability and location of permanent City contractual concession,-, and other permanent facilities. "(2) The designated vendor sites shall b~, assi.qned in coniunction with the issuance of any vendor permit under this article to operate upon a Gulf beach or on the seawall. Vendor sites may not be "reserved" in advance of permit issuance. A vendor permit issued under this section shall be valid for a period of BeachReviseoR14060B1 doc 4 ninety days. No vendor assigned to a designated vendor site shall vend in or at any other location on the Gulf beach or seawall except the assigned site. "(3) Desi,qnated vendor sites shall be limited in size and number in accordance with the considerations established in subparagraph (1) of this paraqraph. "(4) Mobile vending units shall be permitted to travel upon the roadway portions of public beaches subject to all applicable provisions of subsection (c) of this section. "(5) No mobile vending unit shall stop to vend in or otherwise obstruct the roadway portion of the beach, which portion shall for purposes of this section be deemed a street, unless the mobile vending unit is stopped to complete a sale. Vendinq units shall stop at least ten (10) feet from the roadway portion for conducting business. "(c) No permit shall be issued to any mobile vendor to operate the vendor's busine** and no vendor shall vend upon or from any vehicle on a Gulf beach except subject to the followinq restrictions and regulations in addition to other conditions imposed upon vendors by this section: "(1) Mobile vendinq units shall be street-approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the re.qulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. "(2) Vending units must remain mobile, unless the mobile vending unit is stopped to complete a sale. Vendinq from a movinq vehicle is prohibited. "(3) No vendor or vending unit shall restrict, obstruct, or interfere with other vehicles operatinq on a Gulf beach. "(4) Vending shall be conducted from sunrise to sunset. "(5) No mobile vendor shall vend or stop, stand or park his vehicle within seventy-five (75) feet of any beach access road right-of-way lines as projected the Gulf of Mexico. "(6) Mobile vendinq units shall be equipped with a caution sign that can be extended horizontally from the left side of the vehicle with letters not less than six (6) inches in height spelling out the word CAUTION or SLOW and shall be further equipped with caution signs on the front and back alerting oncominq motorists that children may be crossing near the vehicle. The extendable caution arm must be extended whenever the unit is stopped for vending. All equipment installed in or on any vendinq vehicle shall be secured so as to prevent movement durinq transit and detachment in the event of a collision or sudden movement or stop. Loose utensils shall be securely stored whenever the vehicle is movinq. BeachRevisedR14060BI doc 5 "(7) No vendor shall use any outcry, sound amplification device, or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending nor shall any outcry, sound amplification device or other instrument for attractinq attention be used in any place or at any time when vending is prohibited by this section. "(8) Vending vehicles sha not exceed fifteen (15) miles per hour on a Gulf beach while enqaqed in seeking customers. "(9) Vendors shall yield the riqht-of-way to all other types of traffic. "Secs. 10-69--10-70, Reserved." SECTION 4. Article VII of Chapter 10, Beachfront Management and Construction, is amended by revising Section 10-77 and by adding Sections 10-79 - 10-82, to read as follows: "ARTICLE VII. TRAFFIC Sec. 10-77. ReseF,ce~-. Pedestrian Safe Areas. (a) The City Manager, or the City Manaqer's designee, m_a_y establish pedestrian safe areas on portions of the Gulf beach and prohibit motor vehicles from portions of the beach that are not less than twenty-five feet (25') seaward of the vegetation line or lower edqe of the seawall in order to provide for the safety of individuals using the beach, and especially children. (b~ Before prohibiting_ motor vehicles on portions of the beach in pedestrian safe are_a.~. the City Manaqer must find that there is sufficient on-beach or off-beach parking to accommodate the vehicles of beach users or that there are sufficient travel lanes on other areas of the beach, excluding theJ~edestrian safe areas, for vehicles travelling alon~q the beach. (c) No vehicle_~_railer, travel-trailer, or combination of vehicles and trailers may be parked in or on any portion of the beach desiqnated as a pedestrian safe area. (d) Pedestrian safe areas shall be marked with siqns and bollards, posts, poles, fencing, or tethering installed in the sand to prevent vehicles from entering the pedestrian safe areas. (e) The City Mana,qer may establish a pedestrian safe area seaward of the concrete portion of the Gulf seawall, until the beach seaward of the concrete portion of the seawall has been renourished as determined by the City Manaqer. (f) No pedestrian safe area may be implemented until the location and perimeter desiqn has been approved by the Texas General Land Office. BeachRevisedR14060B1 doc 6 Sec. 10-79. Two-way traffic on beach and access roads. Vehicular traffic may be restricted to a minimum fifty foot (50') linear corridor along the beach where two-way traffic is permitted. Sec. 10-80. One-way traffic on beach and access roads. (a) Vehicular traffic may be restricted to a minimum twenty-five foot (25') corridor alonq the beach where one-way traffic is permitted. (b) The City Manager, or the City Manager's designee, is authorized to limit the direction of travel on beach access roads and portions of the beach between beach access roads to one specific direction on either a permanent or temporary basis durinq times of heavy beach traffic (such as durinq Sprinq Break, on holiday or summer weekends, or special events) or when vehicle travel on the beach needs to be restricted due to higher than normal tides (includinq storm tide and "sprinq" tide events). Any one-way traffic restrictions must be coordinated with any neighborinq iudsdiction that miqht be affected. (c) Whenever the City Manager desiqnates any one-way access road or beach, the City Manager, or such officers or employees of the City designated by the City Manaqer, shall place and maintain signs giving notice of the authorized direction of travel~ and th~, one-way travel restriction is not effective unless the siqns are in place. Siqns indicatinq the direction of lawful traffic movement shall be placed at every intersection of a beach access road and beach or other road where movement of traffic in the opposite direction is prohibited. (d) Upon those beach access roads and portions of the beach desiqnated by the City Manaqer under subsection (b) or as desiqnated in subsection (e) of this section, vehicular traffic shall move only in the indicated direction when siqns indicatin¢~ th~. direction of traffic are erected and maintained at every intersection of a beach access road and beach or other road where movement in the opposite direction is prohibited. (el Vehicles travelling on the Gulf beach between the northern end of the seawall and Padre Balli Park may only travel in a southerly direction. Sec. 10-81. Portions of the beach closed. The City Manager, or the City Manaqer's desiqnee, is authorized to close portions of th~, beach to all vehicle traffic for declared safety reasons durinq periods includinq, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty-five foot corridor along the beach is available for vehicular traffic. Sec. 10-82. Limits on number of vehicles allowed on beach during special events. The City Manager, or the City Manaqer's designee, is authorized to limit the number of vehicles on portions of the beach during hiqh use periods, such as durinq Sprinq Break, holiday weekends, and special events, if the number of vehicles and persons using the beach exceed the capabilities of local law enforcement personnel. BeachRevise(~R 14060J~ 1 .doc 7 SECTION 5. Chapter 10, Beachfront Management and Construction, is amended by reserving Sections 10-106 - 10-110 and by adding Article XI to read as follows: "CHAPTER 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION "Secs. 10-106 - 10-110. Reserved. "ARTICLE Xl. BEACH FESTIVALS "Sec. 10-111. Definitions. "As used in this article the followinq terms shall have the respective meanings ascribed to them: "Director: The Director of Parks and Recreation Department or the Director's desiqnee. "Festival site: The location of a beach festival "Beach festival: Any form of entertainment including, but not limited ~ performances, contests, or any combination thereof on a public beach, which is scheduled to continue in excess of three (3) hours where: "(1) The entertainment, contest, or combination of entertainment and contests occurs inside the boundaries of the city; and, "(2) More than one hundred (100) persons are reasonably anticipated.to be in attendance on any one day or "Promoter: Any person or group of persons who attem t~_organ~z_e_, promote or solicit funds, for the orqanization ~romotion of a beach festival. "Sec, 10-112, Registration and permit required. "(a) No person or qroup of persons may act as a promoter of a beach festival in this city without first reqistering with the Director. "(b) No person or qroup of persons may direct or control or participate in the direction or control of a beach festival unless a valid permit for the event has been issued as provided in this article. "Sec. 10-113. Application for permit--Filing; contents; fee. "(a) A promoter shall file a permit application with the Director. "(b) The application must be filed at Feast thirty (30) days before the day the beach festival is to begin. BeachRevisedR14060B~.doc "(c) The application for a beach festival must include: "(1) The name(s) and address(es) of the promoter and of all associates and employees promoting the beach festival; "(2) A description and address of the festival site; "(3) The name and address of the littoral owner of the festival site and a statement listing the terms of the agreement authorizing the promoter to use the. festival site; "(4) The dates and times that the beach festival is to be held; "(5) Promoter's reasonable estimate of number of persons attending the beach festival and the basis for the estimate; "(6) The maximum number of persons that the promoter expects to attend the beach festival, and a copy of promoter's plan to control attendance at the beach festival; "(7) A description of the promoter's plans to comply with health and sanitation standards required by the City Code of Ordinances or in the permit; "(8) The promoter's financial statement and a statement listinq the source and amount of money budgeted to promote the beach festival; "(9) A statement detailinq the promoter's traffic control plan; "(10) A synopsis of promoter's agreement with the scheduled performers listing the performers and estimated performance time(s); "(11) A description of the type, method, and location of promoter's past and future. advertisinq for the beach festival; and "(12) A statement whether the promoter or any of the promoter's employees or aqents have ever been convicted of any crime reqarding misappropriation of funds, theft, burqlary, or robbery. "(e) The application for the permit must be siqned and verified by the promoter and be. based on his best information and belief. "(f) A filinq fee for a special event permit must be paid at the time of application. "Sec. 10-114. Health, sanitation, and fire control requirements. "In any application for a permit, in addition to the matters set out in section 10-113, the. promoter applyinq for a permit must agree in the application to provide and maintain the followinq relating to health, sanitation, fire, security, and crowd and traffic control as BeachRewsedR1406081 .doc 9 determined by the Director, Fire Marshall, City Health Officer, or Police Chief, for the duration of the beach festival: "(1) Adequate provision for disposal of refuse, includinq litter removed during th~ beach festival. Litter control for the beach festival will be prescribed by th~. Director. "(2) Reasonable precautions to prevent brush, grass, and structural fires and provision for assisting the city authorities in extinguishing any fire in the vicinity of any tract which may be used for the event. The precautions must be approved by the Fire Marshal, or the Fire Marshall's desiqnee, prior to issuance of the permit(s) described in section 10-111. "(3) Adequate provision for supplying and servicing portable toilets. "(4) Adequate provisions for supplying fresh water and disposable drinkinq cups for the duration of the beach festival. "(5) Adequate provision for furnishinq first aid facilities which are manned by trained personnel. "(6) Adequate provision for furnishinq ambulance service during the beach festival. "(7) Compliance with other health and sanitation requirements as may be required by the city health officer, or the health officer's desiqnee. "(8) Adequate provision for the security of_the participants as ',yell as businesses and neighborhoods in the vicinity of the festival site. "(9) Adequat_'e provision for traffic control, before, during, and after the event as determined by the Police Chief~ or the Chief's desiqnee. The Police Chief, or Chief's designee, will determine if any costs incurred for traffic control shall be paid by_~he promot_er_. "(10) No permanent buildinqs or structures may be built at the festival site. Any temporary or portable buildings or other structures at the festival site shall meet all city buildinq codes and be kept in a safe, sanitary, and siqhtly condition. "(11) Adequate procedures to keep_people attending the beach festival from damaging the dunes. "Sec. 10-115. ARreement as to use of public beach. "In any application for a permit to conduct a beach festival on any public beach, in addition to the matters contained in sections 10-113 and 10-114, the promoter shall agree to the further conditions and stipulations as follows: Beach~evisedR14060B1 doc 10 "(1) That the promoter shall pay to the city the reasonable value of any lost, damaged, or destroyed park or beach facilities in the vicinity of the festival. "(2) That any temporary or portable buildinqs, structures, or improvements at the festival site shall meet all city buildin¢~ codes and be kept in a safe, sanitary and sightly condition. "(3) That upon the expiration of the permit, all temporary or portable buildings, structures, and improvements placed on the festival site by the promoter shall be removed and the festival site shall be restored to its former condition. "(4) To provide a bond, or other similar monetary guarantee, in the amount of twenty-five thousand dollars ($25,000) made payable to the city, subiect to approval by the City Attorney, to guarantee that any structures placed on such festival site are removed and to further quarantee that qarba.qe, trash, debris and refuse will be properly disposed of and to guarantee that the festival site used by the promoter for conductinq the beach festival shall be restored to its former condition. "(5) That liability insurance and all other relevant insurance as specified by City's Risk Manager or the Risk Manager's designee will be provided by the promoter prior to the issuance of the permit. "(6) An affidavit that the promoter shall not discriminate aqainst any person or group on the basis of race, color, religious preference, ethnicity, national origin, disability, or sex and that all facilities provided in connection with the beach festival shall be reasonably available to all persons in attendance. "(7) That the promoter shall observe and comply with all applicable laws, ordinances, requlations, and rules of the Federal, State, county, and city qovernments. "(8) That the promoter shall show the location of sufficient on-beach and off- beach parkinq space to accommodate the anticipated attendance. "(9) That the promoter shall show that the festival site is accessible from existing beach access roads and that the festival will not block or unduly interfere with the normal beach traffic or beach use by those not participatin¢l in the festival. "(10) That the promoter has a duty to protect the dunes and is responsible for miti,qating any damage to the dunes caused by the beach festival. "Sec. 10-116. Review and processinq of applications. "(a) Upon the filin~q of an application for a permit, the Director shall coordinate a meetinq with all relevant departments. "(b) The Director shall assure compliance with all appropriate codes. Beac~RewsedR14060B1doc 11 "Sec. 10-117. Hearing. "(a) The Director shall set a date and time for a hearinq on the application for a permit. The hearing shall be held not less than twenty (20) days before the day set for the first performance of the beach festival. "(b) The promoter shall be entitled to five (5) days notice prior to the date of the hearing. "(c) Any person may appear at the hearing and qive testimony for or aqainst granting the permit. "(d) After conclusion of the hearinq, the city manaqer shall schedule the application for consideration by the City Council. "Sec. 10-118. Denial of permit; grounds. "(a) A permit for a beach festival may be denied to an applicant by the City Council where the Council, based on substantial evidence, finds as follows: "(1) That false or misleading information is contained in the application or that required information is omitted; "(2) That the promoter does not have sufficient financial backinq or stability tq carry out the preparations specified in the application or to assure the faithful performance of his/her/its agreement; '_~(~) That the preparations specified in the application are insufficient to protect the community or the persons attending the beach festival from health dangers or dangers from fire or that the facilities are inadequate to accommodate the festival; "(4) That conducting a beach festival accordinq to the._a.p~olication information s_u~p~!ied b.y_th_e promoter would, on its face, involve the violation of cit~ ordinances or state law; ~) That the times and place for the beach festival create a substantial danqer of conqestion and disruption of other lawful activities in its immediate vicinity; "(6) That the crowd control preparations specified in the application are insufficient to limit the number of persons in attendance to the maximum number stated in the application; or "(7) That the promoter does not have adequate aqreements with performers to ensure with reasonable certainty that the persons advertised to perform will, in fact, appear. "(b) Denial of a permit hereunder shall require a majority vote of the Council. BeachRevisedR14060B1 doc 12 "Sec. 10-119. Scope of permit. "A permit, if issued, shall authorize the promoter to hold a beach festival at a specified festival site and at specified times and shall extend such privileqe only to the promoter named in the application and shall not be assiqnable by such promoter to any other person, group of people, or entity. "Sec. 10-120. Revocation of permit. "At any time prior to two (2) days before the day of the beach festival, the City Manaqer, or the City Manager's desiqnee, may, after reasonable notice to the promoter and a hearinq, revoke the permit on a findinq that the preparations for the beach festival will not be completed in time for the event and that the failure to carry out the preparations will result in a serious threat to the health and safety of the persons attending the event or others using the public beach or for failure to comply with the terms of this article or the permit issued to the promoter. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall be effective upon approval of the Texas General Land Office and publication. BeachReviseaR14060B1 doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, REGARDING CURFEWS ON BEACHES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33-40(b)(3) is revised to read as follows: "Sec. 33-40. Curfew for minors--Generally. "(b) In this section: "(3) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not iimited to, streets, highways, beach, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops, but does not include a lot containing and used with a residential dwelling if the minor is them with consent of his parent and the owner or tenant who occupies the residential premises." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall become effective upon publication. BeachR14060E1 .wpd AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, REGARDING CURFEWS AND ALCOHOLIC BEVERAGES IN GULF BEACH PARKS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 36-11 is revised to read as follows: "Sec. 36-11. Curfew; alcoholic beverages. "(a) No Except in a City park on the Gulf of Mexico beach, no person, shall possess any alcoholic beverages in any city park or the parking lots connected therewith or adjacent to; however, it shall be a defense to prosecution that the person has or is acting under the terms of a lease, agreement or permit with the City or that the person is transporting closed containers across the L-Heads or T-Heads to a boat. "(b) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter or be present in any city park or parking lots connected with or adjacent thereto, excluding the Bayfront Parks, Bayfront Arts and Science Park, Barge Dock, Peoples Street T-head, Lawrence Street T-Head, ~n~, the L-Head, or any City park on the Gulf of Mexico beach; and excluding persons permitted by ordinance to camp in particular city parks, city employees in performance of their duties, and persons permitted to engage in leisure and recreational activities under the parks and recreation department. "(c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except for city employees in performance of their duties, shall enter or be present in any city bayfront park or parking lots connected therewith or adjacent thereto, excluding the Bayfront Arts and Science Park, Barge Dock, Peoples Street T-Head, Lawrence Street T-Head, and the L-Head." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. BeachR14060C1.wpd 2 SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall be effective upon publication. BeachR14060C1.wpd AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, Chapter 38, PEDDLERS, VENDORS, ITINERANT MERCHANTS AND SOLICITORS, REGARDING PARK AND BEACH VENDORS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 38-19 is revised to read as follows: "Sec. 38-19. Park and beach vendors--Special regulations. "(a) Gulf of Mexico beach vendors are subiect to the requirements of Article VI, Chapter 10, and the sections of this article, except section 38-19. "(b) No permit shall be issued to any vendor to operate his business and no vendor shall vend in or upon any public park or beach alonq Corpus Christi Bay, Nueces Bay, or the Laguna Madre (hereinafter, for the purposes of this section, "bayfront beach" or "bayfront beaches") or from or upon other public grounds in the city except as follows: '¥endors shall be permitted to operate in or upon public parks and beaches in the city, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: "(1) The director of parks and recreation may establish designated vendor sites for public parks and beaches within the city, taking into account the following factors: "a. Primary use and users of the particular park or beach. "b. Pedestrian and vehicle traffic flows and congestion. "c. Parking facilities. "d. Availability and location of permanent city contractual conces- sions and other permanent facilities. "(2) The designated vendor sites shall be assigned in conjunction with the issuance of any vendor permit under this article to operate in or upon a public park or beach, on a first-come, first-served basis. Vendor sites may not be "reserved" in advance of permit issuance. No vendor assigned to a designated vendor site shall vend in or at any other location within the park or beach area except the assigned site. BeachR14060F1.wpd 2 "(3) Designated vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. "(4) Mobile vending units shall be permitted upon the roadway portions of public beaches subject to all applicable provisions of section 38-14 of this article. "(5) No mobile vending unit shall stop to vend in or otherwise obstruct the travelled portion of any public beach, which portion shall for purposes of this section be deemed a street. Vending units shall stop at least ten (10) feet from the said travelled portion for conducting business. "(6) Vending of Gulf of Mexico beaches shall be governed by the provisions of Chapter 10 of the Code of Ordinances." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall become effective upon approval of the Texas General Land O.ffi.,c¢~ and publication. BeachR14060Fl.wpd 8 CITY COUNCIL AGENDA MEMORANDUM - PRESENTATION January 11, 2002 AGENDA ITEM: Presentation by Solid Waste Services staff giving an update on progress of the new automated garbage collection program and permitting process. CITY STAFF PRESENTER(S): Jeffrey D. Kaplan, Director, Solid Waste Services Ron Massey, Assistant City Manager ISSUE: Solid Waste Services has completed distribution of the new automated carts throughout the city to over 30,000 residents. We have also been monitoring the issuance of hauler permits for the J. C. Elliott Landfill and tracking monthly MSWSSC payments. This presentation will outline the progress of both these issues. BACKGROUND: In January 1999, Solid Waste Services initiated an Automated Garbage Collection Pilot Program to 3200 households in the community. Due to the success of the program and in an effort to provide efficient and effective service to our customers thereby reducing operating expenses and upon direction from Council we proceeded to implement the program permanently to a larger portion of citizens throughout all our service area. In March 2001 Council approved the purchase of 13 automated collection vehicles to be used, commencing in FY 01-02. On July 10, 2001 Council approved the purchase of 71,000 automated collection carts to be purchased over a three-year period. We started service to 46% of the residents in the service area on November 1, 2001. On July 27, 2001, Council approved the revision of Solid Waste Hauler permitting and the collection of MSWSSC Fees from all generators of solid waste in the City through the permitting process. This became effective August 1, 2001. A grace period was given until December 31, 2001 (which has not yet been enforced) for the haulers to obtain permits without consequence of On September 25, 2001, Solid Waste Services gave a presentation on the status of the new automation program. After 2.5 months of providing the automated service and five months of hauler permitting and collecting the MSWSSC fees, we are providing Council with this update. Jef~r0y I~. raplan/ Director, Solid Waste Services Automation & Municipal Solid Waste Systems Service Charge (MSWSSC) AUTOMATION: Solid Waste Services received thirteen (13) new automated garbage collection vehicles in September of 2001. As we received them, they were put into limited service in October 2001. As with any new program, we envisioned service problems with changes ia collection schedules, training of drivers, and public perception of the new program. Concerns were as follows: New vehicles were a challenge to staff. They required training of a core group of drivers with new operational techniques. The new equipment is computerized and it has taken some getting used to for current drivers. In order to familiarize and train the drivers in use of the new vehicles, training was held at, er routes were finished and on Saturdays in the Solid Waste Services parking lot. Training on techniques of picking up and setting down of containexs was conducted as well as use of the vehicles themselves. Collection routes were evaluated and changes were made. To maximize usage of the new trucks, routes were extended to a six-day workweek (Mon.-Sat.) compiled often (10) hour days. Route size consisted of 800-850 stops. To help deal with concerns and complaints a refuse collector was sent along with the automated driver to help out for the fa'st three- (3) months of the program. Since startup of the new program we have received an increase of ADA requests. This caused us to set up a separate route to deal specifically with such issues as ADA, backdoor, obstructions (alleys) utilizing a semi- automated rear loader truck. The change of collection routes created significant problems with some residents, causing a brief increase in customer concerns. For many residents crews arrived earlier than previously and, ia other cases, later than usual. The new routing caused changes in collection times for most residents. With the enormous task of implementing this program, new routes, new drivers for routes, new area's to learn, this also contributed to problems concerning inquiries about garbage misses. Since then, issues were identified, addressed, corrected and complaints have decreased dramatically. Container size also caused some concerns. The new 96-gallon container intimidated some customers. We had to take time to meet with many residents and explain options for use of the container if they had problems. ADA accommodation or backdoor services are options for the residents. In order to qualify for an ADA accommodation, a person must do the following: 1. Request and fill out a Citizen Grievance Form, 2. Provide medical documentation to the known disability, 3. Live alone or have no assistance to take trashcan to the curb, and 4. Is the ADA request a reasonable request that can be provided without causing an undue burden to the entity and similar services are provided to the general public (for example, the SWS Deparmaent already provides "backdoor service" for a fee), therefore we must provide a similar ADA Accommodation, but with no extra or additional fees if we grant the ADA Accommodation. One solution was for ADA accommodations to get a smaller (65-gal.) container. The ADA accommodation allows for our crews to pick up the container at the home of the customer, bring it to the curb for disposal, and return it to its set out location for no extra fee. This service is the same as backdoor service provides, but the fee for backdoor service is an additional $10.75hnonth plus tax. For customers whose need exceeds the 96-gallon container, an additional 96-gallon container is available for a rental fee of $40 plus a $10 delivery charge. This is added to a customer's utility bill in twelve (12) equal monthly payments of $4.17. A customer may also obtain a smaller 65-gallon container for $36 plus a $10 delivery charge. This is added to a customer's utility bill in twelve (12) equal monthly payments of $3.84. Areas of the City that received the new containers are relatively free of loose debris and the streets have a cleaner appearance with the uniformity of the size and type container. There are some instances of windblown material in the lifting/dumping process using the side loader automated trucks. Because all containers have non-removable lids, there is a noticeable decrease in wind-blown material in the areas. Because the automated program is new, we will be constantly monitoring and evaluating it in an attempt to maximize service to the residents. Routing has been re-evaluated and in January 2002 it will be adjusted. We anticipate our ftrst citizen survey to be completed by April 30, 2002. A new safety program is being put in place to provide safety training for each and every employee in the Solid Waste Services Department in an effort to upgrade our current department safety. A certified instructor will accomplish the training and each employee will receive training pertinent to his/her duties. This program should be in place and employees fully ttained by March 31,2002. The new Solid Waste Services Safety Manual is the centerpiece of this program. Every employee will receive a copy of this manual during training. Copies are available. The Holiday schedule: We anticipated some problems with the solid waste service(s) collection schedule due to the change in daily collection for some customers. We publicized the collection schedule in order to minimize any problems that may occur. The following del'roes the course of action taken: A holiday solid waste collection schedule was mailed along with a recycling calendar to 74,600 City utility customers in August 2001. Media releases were sent to the media in early November, to cable and local stations for each holiday beginning the weekend before any Tuesday in schedule. The schedule is also posted on the City Interact web page and announced on our recorded message on our solid waste telephone hodine. In addition, media releases were sent to the Caller- Times newspaper that continuously covers City holiday office closings and solid waste services collections. Generally speaking, ifa Holiday falls on your garbage, recycling, or light brash and debris collection day, the day will be skipped and you will be collected on your next scheduled collection day. City Ordinance Chapter 21 Effective August 1, 2001. The City Council passed an ordinance change effective August 1, 2001 allowing for a new permitfmg process for haulers of Solid Waste within the Corpus Christi City Limits and also allowing for a Municipal Solid Waste Systems Service Charge to be collected for disposal of all waste generated inside the City of Corpus Christi. Permits are issued for the safety and welfare of citizens, businesses, and the City of Co,pus Christi. We have 139 pe~tted haulers at this time and we have collected $13,674 in permit fees and regis~'ation stickers. We have had two (2) incidents of theft of stickers thus far. Police reports have been filed and our Compliance Division is aware of the stolen stickers. .' Permittin~ Issues: On August 1, 2001, we started a program to identify commercial haulers at the J. C. Elliott Landfill. A total of 502 have been identified through December 13, 2001. One hundred and thirty nine commercial haulers have been granted a permit. On October 5, 2001, a memorandum (attached) was received lowering the insurance requirements to some commercial haulers. Workers compensation was eliminated as a requirement for obtaining a permit. On Commercial Self-haulers, vehicle liability insurance was reduced from $1M to $100K. Comntiance Issues: On October 17, 2001, we started to identify commercial haulers using the E1 Cent~o landfill by using County Road 69 as an observation point. On October 19, 2001 we started an audit of commercial haulers throughout the City and identified 56 Dumpster accounts. On October 25, 2001 we started an audit of commercial haulers in an effort to identify the number of can accounts throughout the City. In February 2002 we intend to begin enforcement on commercial haulers operating without a permit through the use of written citations. We will begin enforcing the ordinance governing the use of commercial dumpsters on the City right of way and retura to the s~eets searching for violators of the Solid Waste Ordinance. We will continue to investigate complaints of illegal dumping and file charges against violators as enforcement continues in the future. To date, any discussion on enforcement has been proactive education. No citations for ordinance violations have been issued. Landfill Tonnal~e & Revenues: Through December 31, 2001, the landfill toanage is coming in at a rate that is slightly higher than predicted. We have four commercial haulers under "Put or Pay" con,'acts at this time. BFI is under contract to bring us 150K tons per year minimum. Captain Hook, Trailer Trash, and Sixteen Services all are under contxact to bring all their solid waste to the J. C. Elliotl Landfill. Revenues are near projections due to a combination of MSWSSC being collected and the slight increase in tonnage that we are receiving at the J. C. Elliott Landfill. Projected Total Revenues through December 31, 2001 were $8,092,520. Actual/Projected Revenues are $7,819,628, a difference of($272,892) for the five-month period. The MSWSSC was effective on August 1, 2001. It was designed to ensure that the City of Conpus Christi would have ample resources to continue to provide environmental compliance in landfills, historical sites current operations (IC Elliott) and future landfills (Cefe Valenzuela). The fee increased the disposal charge at the J. C. Elliott Landfill by $1.17/ton for waste generated inside the City of Coq~us Clmsti. This caused the disposal fee to change from $26.50/ton to $27.67/ton. There was no change in fees for waste generated outside the City of Corpus Christi. Residential account monthly rates increased $.82 from $14.00 to $14.82 Estimated MSWSSC Revenues through July 31, 2002 are $2,572,740. Actual/Projected Revenues are $2,231,107, a difference of ($340,990). This difference is partially explained by the MSWSSC from permitted haulers paying the fee by the 15e of the month following the month when the disposal took place, basically leaving a lag time of one month for the payment. There is also a one-month loss of revenue for MSWSSC on the residential side due to the changes in the ordinance being implemented on September 1, 2001 and not billed back to August 1, 2001. No revenues for residential MSWSSC were collected for the month of August 2001. When the MSWSSC was initiated we also instituted the permit progrmn as well, but weren't sure how the fee would be accepted or adhered to by the local business owners that haul solid waste. On September 25, 2001, a letter (attached) was sent to all permitted solid waste haulers reminding them of the requirement to remit the MSWSSC required by City ordinance. On November 5, 2001, a letter (attached) was sent to all permitted solid waste haulers that had not sent in their MSWSSC monies. It also explained when the monies are due and that account holders would lose their accounts after December 15, 2001 if the MSWSSC remains unpaid. On November 6, 2001, a lcttcr (atlachcd) was sent to all account holders that were not permitted, nohfying them of thc rcqnircmcnt to obtain a solid waste permit. It also explained to them that their account would automatically become a "cash only" account after December 31, 2001. It went on to cxplain that section 21-3 of thc ordinance provides for penalties of up to $2,000 for violators. The MSWSSC is to be paid regardless of where the waste is disposed, if the waste was generated inside the city limits. If the waste is brought to the J. C. Elliott landfill and the hauler paid cash, then the MSWSSC is collected at that time. If the hauler has a charge account with the City, then the hauler is responsible for remitting the MSWSSC to the Solid Waste Services Department by the 15t~ of the month following the disposal. Ifa hauler disposes of wnste generated inside the City at another landfill, they are responsible for remitting the MSWSSC to the Solid Waste Services Department by the 15th of the month following the disposal. Estimated amount of MSWSSC owed from perm. iRed and non-permitted haulers: $3.000/month. This includes estimated tonnage being brought to the El Centro Landfill. Solid Waste Services is actively pursuing the balance owed. Overall, the MSWSSC seems to be bringing in thc required revenue to maintain a Municipal Solid Waste Services System. These monies will also help develop, ensure, and maintain a future place of disposal for solid waste for the City of Corpus Christi. To date, revenues seem to be coming in at a rate very close to our initial estimates. There are still some haulers in the City that require permits. 'lnese, in mm, are not paying the established MSWSSC that was passed by Council to go into effect on August 1, 2001. Revenues for MSWSSC are posted by the 15ta of the month fullowing the month that disposal took place. ro~ From: Subject: MEMORANDUM Jorge Cruz-Aedo, Director of Finance Jeffrey D. Kaplan, Director, Solid Waste Services Approval of Changes in Insurance Requirements for Permitted Solid Waste Haulers Date: October 5, 2001 Attached are the new insurance requirements p. emaining to permitting of Solid Waste Haulers in the City of Corpus Christi. Changes are as follow: 1. To Commercial Haulers for Hire: Worker's Compensation has been eliminated as a required item. 2. To Commercial Self-haulers of Construction, etc.: Workers Compensation has been eliminated as a required item. Vehicle Liability Limit has been reduced from $1M to $100K 3. To Commercial Self-haulers Landscapers: Worker's Compensation has been eliminated as a required item. The attachments are corrected to reflect the changes in the Permit requirements. Please sign off for approval. Approved: Jorge Cruz-Aedo Director of Finance September 25, 2001 Dear Permitted Solid Waste Hauler: You recently applied for and were eppmved as a permitted hauler of solid waste within the City of Corpus Christi. This was the initial criterion for you as a Permitted Solid Waste Hauler. Along with the permit came some additional requirements. These requirements apply to all permitted solid waste haulers within the City of Corpus Christi. The additional requirement is for you to charge for the new MSWSSC fee that went into effect on August 1, 2001. In turn, these MSWSSC charges are to be sent to the SGlid Waste Services Department. This fee applies to all waste that is generated in the City of Corpus Christi and disposed of at any area landfill. This fee is to be remitted to the Solid Waste Services Department via separate check by the 15a of the month for the preceding month. (i.e. August payment is due on September 15.) There is a form and directions for remitling the MSWSSC included in your permit package that was sent to you. You may duplicate this form, as it is due for each individual month. It is your responsibility as a permitted solid waste hauler to keep appropriate records and remit the MSWSSC accordingly. Remember, this form must be notarized and sent in with the appropriate dollar amount due. Even if you dispose of yom waste at another area landfill and the waste is generated inside the City of Corpus Chris'i, then the MSWSSC is still due to the Solid Waste Services Department. If you dispose of your solid waste only at the J. C. Elliott Landfill and pay with cash, check, or credit card~ then you are being charged the MSWSSC at the time you dispose and will not have to remit any MSWSSC to the Solid Waste Services Department. The only exception to paying the MSWSSC is when the waste is generated outside of the city limits. There is no MSWSSC due on solid waste generated outside of the City of Corpus Christi. NOTE: REMITTANCE OF THE MSWSSC FEE MUST BE RECEIVED BY SEPTEMBER 30, 2001 OR W'E WILL BE REOUIRED TO TAKE FURTHER COLLECTION ACTION. Should you have any questions concerning the MSWSSC, please call Douglas Pelko ai 361-857-1968. Jeffrey D. Kaplan Director, Solid Waste Services November 5, 2001 Dear Permitted Solid Waste Hauler: You recently applied for and were approved as a permitted hauler of solid waste within the City of Corpus Christi. Coupled with the permit is an additional requirement that applies to all permitted solid waste haulers. The additional requirement is to pay the new MSWSSC fee that went into effect on August 1, 2001. These charges, once computed by you, are to be remitted to the Solid Waste Services Department. This new MSWSSC fee applies to all waste that is generated in the City of Corpus Christi and disposed of at any area landfill. The fee is to be remitted via separate check by the 15th of the month for the preceding month (i.e. August payment is due on September 15th). It is your responsibility as a permitted solid waste hauler to keep appropriate records and remit the MSWSSC accordingly. Remember that the form must be notarized and sent in with the appropriate dollar amount due. The form and directions are attached and additional copies should be made for future use. A recent audit of our accounts determined that you have not remitted any MSWSSC to date, but our files indicate that some monies are due. This was determined by our accounting system and its ability to determine whether waste disposed of by your company was generated inside the City of Corpus Christi. Please remit the appropriate amount of MSWSSC due for August and September of this year and prepare to submit October's MSWSSC not later than November 15th. If you prefer, all three months can be combined into one check payable by November 15th, as long as you indicate the amount for August, September, and October separately. If you are an account holder, you will lose this privilege after December 15, 2001 if the MSWSSC remains unpaid. Should you have any questions concerning the remittance of the MSWSSC, please contact Douglas Pelko at 361-857-1968. Sincerely, Jeffrey D. Kaplan Director, Solid Waste Services November 6, 2001 Dear Commercial Solid Waste Hauler: The City Council passed amendments to the ordinance that governs Solid Waste Services. These amendments went into effect on August 1, 2001 and require all haulers of solid waste within the City of Corpus Christi to be permitted and pay Municipal Solid Waste Systems Service Charge (MSWSSC). The MSWSSC applies to all waste generated within the City of Corpus Christi. This fee went into effect on August 1, 2001 and basically raised the rates charged at the J. C. Elliott Landfill by $1.17/ton. If you have a charge account with the City of Corpus Ctiristi, you are responsible for submitting the MSWSSC fee by the 15th of the month for waste disposed of the previous month (i.e. September fee due by the 15th of October); if you pay cash, check, or credit card at the gate, the fee is charged to you at that time. Permit applications and notices were sent and phone calls placed to all known haulers of solid waste, including charge account customers that normally charge when disposing at the J. C. Elliott Landfill. To date, we have not heard from you regarding permitting your company with the City of Corpus Christi Solid Waste Services Department. Should we fail to hear fi'om you by December 31, 2001, your account will automatically be turned into a cash-only account and you will no longer be afforded the privilege of charging your disposal fees when you dispose at the J. C. Elliott Landfill. Should you fail to apply for your solid waste permit by December 31, 2001, then the City of Corpus Christi may also pursue legal action in accordance with procedures listed in the city ordinance governing solid waste collection and disposal. Section 21-3 of the ordinance provides for penalties of up to $2,000 for violators. It is important to note that this ordinance went into effect on August 1, 2001. All fees and charges apply as of this date. '~ For questions concerning the permitting process or to obtain other information, please contact Douglas Pelko at 361-857-1968. Sincerely, Jeffrey D. Kaplan Director, Solid Waste Services �< O)Rplis O ti v CIS W J�v Automation • 33,928 automated carts delivered City-wide • 46% of The City receives automated service • Three Route Areas Serviced: North- 11,530 Central- 10,548 South- 11,850 Curre—n Routing: • Automated 39 routes @ 850 stops/route (twice -weekly service) • Manually Collected Routes: — 38 routes @ 1,200 stops/route (twice -weekly service) — (3) ADA, backdoor, alley routes (North 193, South 591, Central 202) Final Routing: • Automated 33 routes @ 925 stops/route (twice -weekly service) • Manually Collected Routes: — Collect 40 routes @ 1,050 stops/route (twice -weekly service) — (3) routes ADA, backdoor, alley collection routes 2 Solid Waste Services Complaints/Inquiries 1,600 1,400 1,200 1,000 L E 800 Z 600 400 200 0 September October November December 3 Ways to utilize the automated garbage cart to its fullest • Recycle — Re -use & reduce the amount of waste generated at your household • Distribute waste over the 2 pick-up days • Compost yard trimmings/don't bag grass trimmings — leave grass trimmings lawn • Utilize J.C. Elliott Landfill (Free for residents) • Order additional cart if necessary — 96 -gallon capacity, $40 or $3.34/mo. for 12 months — 65 -gallon capacity, $36 or $3.00/mo.for 12 months — $10 delivery fee 160 0 Total Permits Issued 134 136 140 123 105 86 59 39 4 DDk Pio, PJo, (�e� ��Q �� O�� �� o, ��- eG evp-� Time Period 5 140 N 120 L a 100 0 80 d 60 � E 40 Z 20 0 Total Permits Issued 134 136 140 123 105 86 59 39 4 DDk Pio, PJo, (�e� ��Q �� O�� �� o, ��- eG evp-� Time Period 5 Permitting Actions — Permitting of solid waste haulers benefits both the consumer & the hauler 2001 Action — Aug.: Identified self -haulers & haulers -for -hire at J. C. Elliott Landfill entrance (through December 502 haulers have been identified) — Oct.- Dec.: identified commercial haulers collecting waste from ICL & not displaying a permit sticker (monitoring commercial haulers throughout the City) Expected 2002 Action - Enforcement actions through: — Citing non -permitted haulers — Collections of unpaid MSWSSC — Audit of questionable accounts 0 BFI & Frontier Tonnage 20,000 15,000 10,000 5,000 IC 4pA SPO -SYS, 7 Other Contracted Haulers' Tonnage 800 700 600 500 N 0 400 H 300 200 100 0 ti e1,e0•oe� e�.o�� ���a� �a��a�� VIR 12 �— FY 00-01 —�: Actual FY 01-02 m-- Projected FY 01-02 ti e1,e0•oe� e�.o�� ���a� �a��a�� VIR 12 4,500 l 3,50a 3,000 N 2,500 c 0 2,000 1,500 1,000 500 U CC Disposal Tonnage ti °0e;�oel9 x°r QQ 0 0 25,000 20,000 15,000 H 10,000 5,000 No Tonnage Comparison FY 01/02 PJzjS opo'`o,�z o` o ■ t� —�-- FY 00-01 ■ Actual FY 01-02 - -■ - Projected FY01-02 � 6 c1or .■ 10 MSWSSC Revenue Comparison $3,000,000 $2,500,000 $2,000,000 c a� w $1,500,000 R 0 F- $1,000,000 $500,000 $0 - ZA' ifat-- Estimated MSWSSC —t -Actual MSWSSC - -� - Projected MSWSSC % 0 0 �o p p`ti p`ti' `Qti <p`ti Q`L Q'V orL Note: Gap represents a delay in receipt of funds, i.e. Aug. monies received Sept. 15, Sept. monies received Oct. 15, etc. 11 Residential revenue lags one month behind - none collected in August 2001. Estimated vs Actual Revenue (all sources) 90 $ , 00,000 $8,000,000 $7,000,000 $6,000,000 m _ $5,000,000 m $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 +Estimated Revenue —■—Actual Revenue Aug -01 Sep -01 Oct -01 Nov -01 Dec -01 12 Future Actions • Review/monitor ordinance • Review rates, fees &charges •Finalization of strategic plan 13 9 CITY COUNCIL AGENDA MEMORANDUM DATE: January 14, 2002 AGENDA ITEM: Ordinance amending the Section 53-99, Operation of trucks, trailers and other heavy vehicles restricted on certain streets, of the Code of Ordinances, City of Corpus Christi, to allow automated Solid Waste Vehicles to travel against traffic on one way streets to collect from city provided garbage carts; providing for penalties; providing for severance; and providing for publication. ISSUE: Traffic safety issues regarding the collection of city provided garbage containers set out on streets with one-way traffic. BACKGROUND: On November 1,2001, the City Solid Waste Services Department began an automated collection program for over 1/3 of our customers. The program uses city provided automated collection carts and new collection trucks that operate with a mechanical side arm to pick up the automated collection carts. Some of these customers are located on one-way streets throughout the city limits. The vehicles used to collect the new automated carts can only pick up carts on one side of the truck. This means that the truck must go down one side of the street then turn around and go down the other side. With the customers located on one-way streets, that means that the truck would have to ddve against the traffic. There is no other option for the collection of these carts that would not involve putting city employees in harms way. RECOMMENDATION: Staff recommends the approval of ordinance and amendment. Director, Solid Waste Services H/Iodlie/cou ncilmemos/onewaytraficord.doc AN ORDINANCE AMENDING THE SECTION 53-99, OPERATION OF TRUCKS, TRAILERS AND OTHER HEAVY VEHICLES RESTRICTED ON CERTAIN STREETS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW AUTOMATED SOLID WASTE VEHICLES TO TRAVEL AGAINST TRAFFIC ON ONE WAY STREETS TO COLLECT FROM CITY PROVIDED GARBAGE CARTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-99 of the Code of Ordinances is amended by adding a new subsection (g) to read as follows: Sec. 53-99. Operation of trucks, trailers and other heavy vehicles restricted on certain streets. (g) It shall be a defense to a charge under Section 53-250 that the person so charged show by competent evidence that the operation of an automated garbage truck operated by the City's Department of Solid Waste Services was traveling against the flow of traffic on a one-way street in order to service a City provided garbage cart. (1) This subsection does not apply to the following streets: a. Any streets designated as one-way during school days. b. Any state highway. (2) When traveling against the flow of traffic, the automated garbage truck must flash warning lights clearly visible to the operators of approaching vehicles and drive as close to the curb where carts are being serviced as possible. (3) An automated garbage truck traveling against the flow of traffic shall yield to all approaching vehicles. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. R13372A2.doc 2 SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 21-3 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R13372A2.DOC · ~ CITY COUNCIL AGENDA MEMORANDUM January 22, 2002 AGENDA ITEM: Resolution expressing the City Council's support for the Foy H. Moody High School students' efforts to promote neighborhood improvement. ISSUE: The Moody Civic Minded Students group has developed a Neighborhood Improvement Plan which declares goals and strategies which help address significant community problems in and around the Foy Moody High School area. The City Council wishes to express its encouragement and support of this endeavor by adopting a formal City Council Resolution. BACKGROUND: On November 13, 2001, the Moody Civic Minded Students presented the City Council with a Declaration of Neighborhood Improvement which outlined strategies for dealing with various community issues such crime, teen pregnancy and the need for increased code enforcement and drainage capital improvements. The Moody Civic Minded Students are primarily students enrolled in civics classes at Moody High School and are instructed and sponsored by Mr. Danny Noyola. The students held a Moody Community Convention in October 2000 which was the inaugural event leading to various other activities designed to generate community involvement in identifying and solving social and infrastructure problems. RECOMMENDATION: Approval of Resolution as presented. Resolution X Summary of accomplishments X /G~;~ge K. Noe Deputy City Manager ent By: [SD; 13618578253; Jan-17-02 9:51AM; Page 2/4 MOODY CIVIC MINDED STUDENTS HISTORY AND ACCOMPLISHMENTS Last year, the Moody Civic Minded Students held a l~loody Community Convention in October of 2000. The convention included a well-kn6wn local tclevision show, the Domingo Show, which was held live at Moody. The convention also included resolutions, concerns, and needs for the community. It also was t~ birthplace of the Moody Community Preamble and the Moody Community Slogan, 'ir'he Preamble states the improvements desired in our community; such as "insuring public fiecurity, establishing a voice, promoting general welfare, providing better technology4 and securing the blessings of our economy". Our community slogan is" Moody Trojans take pride...Vote! Improve the Westside!!! This slogan is used to emphasize the importance and empowerment of voting. The Civic Minded students also organized a Moody Voter Education Registration Project. The students gathered over 2,000 voter pledges for the November election and registered about I00 new voters last year. The Civic Minded students of the Fall semester authored a Declaration of Imerdependence in December 2000. The Declaration focused on fop major objectives: a world class Health Sciences Academy, a Moody Community Policei Substation, Moody Community Street and Drainage Improvements, and meaningful partnerships with the business, education/job training, social service agency groups, and the feeder schools. Not only does the Declaration of Interdependence foens on these issues, but it also explains how we, the community can come together and ~ as olle to cle~tll ul~ Ollr neighborhood and make it world class. We are also proud to My that the Civic Minded students from last year supported the Southwood Addition to Sunflower Subdivision street and drainage improvements. These students acquired over 1400 petition signatures in favor off! this project. The students produced a powerful video that demonstrated the need for a ~35,000 Community Development Block Grant(CDBG). The Planning Commission and the City Council agreed and granted the CDBG funds for the prelhninary design wo~ to improve these streets with no sidewalks, curbs, and gutters in the Smmybrook and M~sheim areas. On September 7, 2001 a new Declaration was introduced. ~. It was called the Declaration of Improvement, which concentrates mainly on imbrovements of the community and the development of a Neighborhood Improvement PI~ process. This Declaration of Improvement was presented at the City Wide PT~ Councils and the Moody PTA Open House where the students received two standing ovations, respectively. ~ent By: 1SD; 13618578253; Jan-17-02 9:51A~; Page 3/4 Neighborhood Improvement Plying We, the Civic-Minded Students of Foy H. Moody Higll School, wish to proclaim our dedication and support of beginning a well-structUred Neighborhood Improvement Plan for our community. As residents, we know fir~ hand the needs and priorities that must be regarded with utmost importance. The W stside's population displays a disproportionately high rate of crime, poverty, substandm I housing, and low resident educational attainment. Our children and families should be able to acquire the academic foundation necessary to increase personal opportunities sustain a healthy neighborhood, and s 'hace fully in the opportunities available in 'he Corpus Christi community. In order to successfully carry out our Neighborhood h aprovcmcat Plans, we need the cooperation of the city council and staff; the bus.scs, social service agencies, schools, fihurches, and the residents of our local conun~ity. Through our research, we nave round exemplary model cities with unique strategie{ that can be applied to oar improvement efforts. It is about time that we come together ~ upgrade our city and give new meaning to the words unity, partnership, and improvetment. The firs.t issue is the appearance of our Westside commun!ty. To be a world class community, we must reflect world class. Due to apa~y and a lack of involvement, resources, and priority, we allow our streets to be unpl~t with the sight .of cracked s~dewalks, defacement, and unattended yards. It is rare fo~;a person to venture unto our neighborhoods and not see areas with vandalism and graffit~ There are several abandoned houses that are in horrendous condition and used for illegal oneratln-~ chi!dren of our commumty are often deprwed of a safe playground?~ue maintenance and inadequate lighting. Our parks must be reforblshediwith lampposts and new equipment. The citizens of the Westside must unite in order to organize Neighborhood Improvement Planning groups or associations, in doing so, Wg can work on the revitalization and enhancement of the surrounding neighborho ,ds which require development. A prime example of one such organi~at, ion is[ the Los Angeles Neighborhood Initiative group. This institute strives to restore a euse of community ownership and identity to neighborhood main streets located long transportation corridors. LANI is a program designed to jump-start neighborho~ d revitali~tion and improve transit access in transit-dependent urban neighborhoods. L ant achieves this by providing desJgo~ted communities with seed funding for improvemel projects, hands-on training in project planning and implementation, and techniea assistance in thc development and support of sustainable community organizations. I iNI's improvement projects include installing trees, streetlights, parks, and bus she~ters. This unique combination of capacity building and "streetscape" improvements has attracted new businesses, jobs and customers, along with hundreds of thousand: of dollars in new development to LANI communities. We must use LANI as a role ~odel example and create our own development projects. Such improvements could bri~ tg more tourists and small businesses to Corpus Christi, which would advance our local ec homy. Our next improvement arca is the utilization of our seh, ois for community centers and the reduction of teen pregnancy. Austin has an or; ani~tion called the Sent By: ISD; 13618578253; Jan-17-02 9:52AM; Austin Eastsidc Story Foundation, which provides community a~cess to emerging technologies for youth and their f~nilics. It nurtures revitali~,otion i~hrough education, technology, train~g, and service learning opportunities. The Eastsid~ Story after school program assists more than 800 students fi.om the Auain ISD and chbxter schools in the East and Northeast Austin by providing teachers to assist students ~th daily homework assignments, TAAS tutorial services, and computer technology tralnln~ We could begin a "Westsidc Story Formals!ion" of our own to establish programs that Will make resourccs readily available and provide our youth with productive af~erschool pr )gramg Moreover, Nueces County is a consistent leader with the highest teen preg~ ancy rotes. Many teenagers lack of knowledge about the consequences of having sex ~:ontr~utes to these exceeding rates. The 21st Century Learning Centers in Corpm Cl~is [and Robstown are doing their part to reach out to certain target schools; however, w don't believe it is enough. We believe these al~erschool programs should be expand~l to all schools to leave no student behind. It is our goal to educate thc youth to ~raetiee abstinence. However, teenage sexual activity is a reality and the consequences fdl' wrong and unsafe choices are staggering and potentially fatal. Education is always bette~ than ignorance. The establishment ora Neighborhood Improvement CounCil will he the key to making our vision become a reality. In Houston, the organization Super Neighborhoods is an initiative based on Mayor Lee P. Brown's Neighborhood OrientedlGovemment, which gives communities more input into city government policymaking, l~udgeting, planning, and service delivery systems. Houston has been divided into 88 S~er Neighborhoods where residents of neighboring communities are encouraged to work ~ogether to identify, plan, and set priorities to address the needs and concerns of their coi~amity. The Super Neighborhood Council serves as a forum where residents can disc~ issues, establish priority projects for the area, and develop a Super Neighborhood Action Plaa to help meet their goals. The people living in the neighborhoods themselves are be~ equipped to know what their needs are, and axe most invested in seeing that those need~i arc met. We need to distinguish the actions of the citizens of the Houston communit~s and use them as premier examples of what should be done in our conanunity to brln~ ~ut improvement. We are recommending that a Neighborhood Excellence rating syst ,elan be established to commend and to improve all our city's communities. Some q~ali~ indicators to rate neighborhoods could be high employment, low crime, excellent school, exemplary sweets and drainage. Our middle school Citizens Advisory Councils under th~, Crime Control and Prevention District are organized to improve .public safety. The~e['lcouneils eanld be expanded to address other neighborhood ~mprovement cone ,e~ns. We are also volunteering to pilot this city/neighhnrhood improvement p.hmn~.~ .process with the Cunningham, Martin, and South Park Citizens Advisory Councils and ibthers. As a community, we must unite to form partnerships ofo~r own to serve as a catalyst for growth and development by bringing together people, money, and resources necessary for improvement. We must strive to become a role mq~lel community that everyone can be proud of. We, united as one, have the chance to fulfill, that aspiration and take part in our communities' efforts towards a world class development. Mayor and City Council please leave no child behind and please leave no neighborboo~ behind. Thank you! LEAVE NO NEIGHRORHOOD BEHIND! Page 4/4 RESOLUTION EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE FOY IL MOODY HIGH SCHOOL STUDENTS' EFFORTS TO PROMOTE NEIGHBORHOOD IMPROVEMENT WHEREAS, the Moody Civic Minded Students have studied issues impacting their community and the city as a whole, and WHEREAS, the issues they have identified including the need for education, code enfomement, and capital improvements as well as programs to address such persistent social problems as crime and teen pregnancy, and WHEREAS, the research performed by the Moody Civic Minded Students has identified neighborhood based programs as being most successful in addressing these areas, and WHEREAS, the City Council agrees that programs at the neighborhood level are most effective in achieving permanent solutions to these issues and to that end has supported programs such as community oriented policing to be the leader in that effort, and WHEREAS, the City Council further wishes to encourage the Moody Civic Minded Students in this important effort, TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City Council supports the concept of neighborhood improvement planning as generally described by the Moody Civic Minded Students and encourages them to work with the Cunningham, Martin, and South Park Citizens Advisory Council to further refine and pursue this proposal. Seetion 2. The City Council further commends Mr. Danny Noyola and his students for their interest, commitment and dedication to the improvement of their neighborhood and the entire City of Corpus Christi. APPROVED THIS 22ND DAY OF JANUARY, 2002. ATTEST: Armando Chapa Samuel L. Neal, Jr., Mayor City Secretary Legal form approved .a.~al~e~ , 2002~ J, mh R. Br,yT r., Attorney H:~LEG-DIR~JIMMYXWPDOCS\COUNCILL2002~2JRB0500.003 · ~ CITY COUNCIL AGENDA MEMORANDUM Council Meeting: January 22, 2002 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to apply to the Cdminal Justice Division of the Governor's Office for a one-year $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. ISSUE: This is the first renewal of an existing grant that can be renewed for two years, and includes a commitment to provide a 34% match. This match is covered by existing portions of the Juvenile Assessment Center budget and does not require additional funds. High levels of juvenile arrests and delinquency concern our community. National research has proven that comprehensive intervention with status offenders prevents juvenile delinquency, but current community resources can only address a fraction of the families who need these services. The current grant has greatly increased the community's capacity to deal with status offenders, and a renewal would continue these efforts. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to apply for the grant. RECOMMENDATION: Staff recommends that the Council pass a resolution authorizing the City Manager or his designee to apply for the Title V Delinquency Prevention Grant. Marco A. Cisneros Director of Park and Recreation Rodolfo G. Tarn~ Chief Municipal Court Judge ADDITIONAL SUPPORT MATERIAL Exhibit A Exhibit B Background Information Resolution of Support Background Information The goal of the Pre-Delinquency Court and Case Management Project is to decrease juvenile cdme by helping at-risk families connect with the services they need to help their children avoid delinquency and become preductive citizens of the community. Juveniles, who have been arrested for Municipal-level offenses, and their families, are the target group for the Pre-Delinquency Court and Case Management Project. The geogrephic area to be served is Nueces County. It is estimated that at least 600 juveniles, ages ten through sixteen, and their families will participate in the project each year. 244 families have participated in the current grant project in less than three months. The Pre-Delinquency Court and Case Management Project enhances the case management component of the Juvenile Assessment Center by providing for four additional case managers. These case managers handle the cases of juveniles who are court-ordered into case management at the center. The project also provides for the judge at Corpus Christi Municipal Court who hears only juvenile cases, such as truancies and curfew violations, and who court orders juvenile offenders into the case management program at the Juvenile Assessment Center. These Municipal-level offenses are early warning signs of the delinquent behavior that, without intervention, will follow. Title V Delinquency Prevention Grents are funded for a period of three years. Following next yeaFs renewal~alternative funding will have to be identified. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR A ONE-YEAR $250,000 TITLE V DELINQUENCY PREVENTION GRANT TO ENHANCE MUNICIPAL COURT PROCESSING AND TRACKING OF STATUS OFFENDERS AND JUVENILE ASSESSMENT CENTER CASE MANAGEMENT SERVICES TO AT-RISK YOUTH WHEREAS, the Pre-Delinquency Corm and Case Management Project is beneficial to the public safety of the citizens of Corpus Christi by decreasing juvenile crime by helping at-risk families connect with the services they need to help their children avoid delinquency and become productive citizens of the community; and WHEREAS, the City of Corpus Christi recognizes the need for a Pre-Delinquency Court and Case Management Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager, or his designee, is authorized to apply to the Criminal Justice Division of the Governor's Office for a one-year $250,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. SECTION 2. The City of Corpus Christi will provide matching funds in amount of 34% of grant award. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr., Mayor Legal form approved ~ t ~ ,2002; James R. Bray, Jr., City Attorney By: Lisa Aguilar L9 Assistant City Attorney H:~L£G-DIRXLlSA\RES\RES.075 · ~- CITY COUNCIL AGENDA MEMORANDUM Date: January 22, 2002 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $164,292 to the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY 2001 Juvenile Accountability Incentive Block Grants Program. Grant funds must be used to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Incentive Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. The grant is not competitive, the money has already been designated, and only an application is required. Funding: The funds must be used within 12 specific purpose areas in an effort to achieve the greatest impact to reducing juvenile delinquency and improving the juvenile tracking system. The grant funds may not exceed 90% of the total program and participation requires a 10% cash match of $16,429 to be provided from the Municipal Court Administration Department. REQUIRED COUNCIL ACTION: City Council must approve submission of the grant application. RECOMMENDATION: Staff recommends submitting the grant application. Rene R. Mendiola Acting Director of Municipal Court ADDITIONAL SUPPORT MATERIAl, Background Information AGENDA MEMORANDUM BACKGROUND INFORMATION Municipal Court applied and was awarded the grant funding requested. This year, Municipal Court is again applying for this grant. The funds must be used within the 12 specific purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system and increase the accountability of juvenile offenders. The maximum years of funding-there is no limit (based on availability). The deadline for application submission is January 31, 2002. The City will receive these funds automatically by filing an application. As a Federal requirement of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting of various representatives from the community. The Mayors Commission on Children and Youth meets the criteria established for the coalition. The proposed purposes to continue with a dedicated Juvenile Court, establish accountability standards and interagency sharing of information and improvements in the management of juvenile cases at Municipal Court meet the grant's criteria. Establishing the Municipal Juvenile Court has been successful in providing the community the dedicated services to assist in addressing the Juvenile population. The dedicated services have allowed for better use of the various juvenile programs throughout the City. The funding has a distribution requirement of 45 and 35 percent minimums to be used in specific purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of government can certify that the interest of public safety and juvenile crime control would be better served by expending the funds in a different proportion. The City is requesting such a waiver in order to use the majority amount of funding to establish hiring one additional prosecutor, a part-time Judge, support staff and technical support to ensure the smooth and expeditious administration of the juvenile justice system. This is in addition to establishing and maintaining an interagency information program that enables prosecutors and Judges to make more informed decisions regarding the juveniles. Under this proposal, the funds will also be used to expand the interagency sharing of information between Municipal Court and the Juvenile Assessment Center. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $164,292 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR FUNDING ELIGIBLE UNDER THE FY2001 JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS PROGRAM TO FUND A PROGRAM TO REDUCE JUVENILE CRIME AND ESTABLISH INTERAGENCY INFORMATION SHARING PROGRAMS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application of $164,292 to the State of Texas, Office of the Governor, Criminal Justice Division, for funding eligible under the FY2001 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile crime and establish interagency information sharing programs. SECTION 2. The City of Corpus Christi will provide matching grant funds of $16,429. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr., Mayor Legal form approved L-"~,.~_~.,~ I ~- , 2002; James R. Bray, Jr., City Attorney By: Assistant City Attomey 13 NO ATTACHMENTS FOR THIS ITEM Notes and Comments