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.
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"(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
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"(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
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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.
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"(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
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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
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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
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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
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"(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
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"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
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"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
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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
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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