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Agenda Packet City Council - 01/28/2003
CITY COUNCIL AGENDA city of Corpus. Chnsu January 28, 2003 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 28, 2003 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council 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, habra un int~rprete ingl&s-espa~ol en todas las juntas del Concilio pare 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 Charles Graft, St. Luke's United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager David R. Garcia Acting City Attorney Jay Reining City Secretary Armando Chapa Agenda Regular Council Meeting January 28,2003 Page 2 E. MINUTES: Approval of Regular Meetings of January 14, 2003 and January 21,2003 and Joint Meeting of January 16, 2003. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. 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 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 fo/lowing 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 office. Executive session pursuant to Texas Government Code Section 551.071 regarding the following construction contracts: Corpus Chdsti Animal Shelter and Vector Control Facility Re-Bid - Project No. 5117; Mustang Island Fire and Parks & Recreation Station - Project No. 5114; Improvements to Fire Stations (ADA - CoEd) - Project No. 5115, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Chdsti area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 28,2003 Page 3 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 er a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence aflerthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG- 03-3 for paper goods, for an estimated six month expenditure of $31,673.43, based on the recommended award submitted by the Coastal Bend Council of Govemments. The term ofthe contracts shall be for six months with an option to extend for one additional six month period, 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 FY2002-2003. (Attachment # 4) Gulf Coast Paper Co. San Antonio, TX $5,084.91 PFG Victoria, TX $26,588.52 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Grand Total: $31,673.43 Agenda Regular Council Meeting January 28,2003 Page 4 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG- 03-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $90,854.78, based on the recommended award submitted by the Coastal Bend Council of Govemments. 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 FY2002-2003. (Attachment #5) Ben E. Keith San Antonio, TX 40 Items $15,212.27 LaBatt Food Service Corpus Christi, TX 71 Items $28,9O5.87 PFG Victoria, TX 43 Items $30,513.82 Sysco Food Service San Antonio, TX 37 Items $16,222.82 Grand Total: $90,854.78 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Rabalais Electric Constructors of Corpus Chdsti, Texas, in the amount of $272,938 for the Wastewater Microwave Communication System. (Attachment #6) Motion authorizing the City Manager or his designee to execute a contract with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas, in the amount of $80,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations. (Attachment #7) Motion authorizing the City Manager or his designee to execute a Right of Way Easement in the amount of $65,000 for Parcel 2, comprised of a Right of Way Easement and Temporary Construction Easement, both out of Block C, Wilkey Addition, located at the northwest comer of the intersection of Airline Road and South Padre Island Drive, from the owners, Robert C. Shih CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 28,2003 Page 5 9.do and wife Yalee Shih, and recognizing the public necessity of acquiring these easements for construction of street and utility improvements in connection with the Intersections Approach Improvements Project, and for other municipal purposes. (Bond Issue 2000) (Attachment #8) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year farming lease with Mark Stockseth, John H. White and Harry L. White, Jr. dba W & S Ag Enterprises for 1,320 acres of farmland out of Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. (Attachment # ) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year farming lease with Paul T. Rackley, Jr. and Madon G. Rackley dba Rackley and Rackley, a Joint Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. (Attachment #9) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year farming lease with Julius Zdansky, Jr. for 46 acres of farmland out of the proposed Southside Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental fee of $20.00/acre per crop year. (Attachment #9) First Reading Ordinance - Authorizing the City Manager or his designee to execute a one year farming lease with Julius Zdansky, Jr. for 20.598 acres of farmland located at the northeast comer of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $30.00/acre per crop year. (Attachment #9) First Reading Ordinance - Authorizing the City Manager or his designee to execute a one year farming lease with Larry Mokry for 23.099 acres of farmland located at the northwest corner of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $35.00/acre per crop year. (Attachment #9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 28,2003 Page 6 10. 11. 12. 13.a. 13.b. Resolution approving the submission of a grant application in the amount of $105,231 to the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. (Attachment #10) Resolution encouraging the Texas Congressional Delegation to support funding for President Bush's $3.5 Billion First Responder Initiative during the 108th Session of Congress. (Attachment # ) Second Reading Ordinance - Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: (First Reading - 1/14/03) (Attachment #12) On Rand Morgan Road (F.M. 2292): revising the existing speed limits to the following: 55 mph to 45 mph from north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street. 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centedine of OregonTrail to 340 feet south of the centedine of Goodnight Loving Trail. 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44); providing for penalties. PUBLIC HEARINGS: 2:00 p.m. ZONING TEXT AMENDMENT: Public Hearing on Zoning Ordinance Text Amendments to Article 27A, Special Conditions, in order to allow temporary banners in the front yard setback. (Attachment #13) First Reading Ordinance - Amending the Zoning Ordinance by revising Article 27A, Special Conditions, by adding subsection 27A-2.07. (Attachment #13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 28,2003 Page 7 Ke PRESENTATIONS: Public comment will not be solicited on Presentation items, 14. Presentation by the Arts and Cultural Commission on the Corpus Christi Festival of the Arts (March 22 -April 6, 2003) (Attachment # 14) 15. Discussion regarding options for amendments to the City of Corpus Christi City Charter (Attachment #15) 16. Solid Waste Services/Automated Collection Program Phase II, Quarterly Update (Attachment #16) 17. Bond Issue 2000, Quarterly Update No. 7 (Attachment #17) 18. Blucher Arroyo Storm Water Drainage Structure Condition Assessment Results (Attachment #18) L= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19. Ordinance appropriating $30,000 from the Unrestricted Park Trust Fund in the No. 6010 Trust Fund for the payment to Tuloso- Midway Independent School District for the pumhase of playground equipment; amending Ordinance No. 024974 which adopted the FY2002-2003 Annual Budget by increasing appropriations by$30,000. (Attachment# 19) 20. Motion authorizing the City Manager to create the City of Corpus Chdsti's Auditor's Office. (Attachment # 20) 21.a. Motion identifying drainage projects approved for funding in FY2002-2003. (Attachment# 21) 21.b. Motion identifying additional drainage projects requiring additional funding in short range utility Capital Improvement Plan, (Attachment # 21) 22. Resolution tentatively approving the Storm Water Management Policies, and directing staff to proceed with preparation of the Storm Water Criteria and Design Manual, including the preparation of alternate levels of protection. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 28,2003 Page 8 23. 24. M= Ordinance amending Ordinance No. 025170, which ordered a General Election to be held on April 5, 2003, in the City of Corpus Chdsti for the election of Mayor and eight Council Members, to authorize a Joint Election with Del Mar College and to make changes in regular and eady voting polling places. (Attachment # 23) Resolution supporting Nueces County's efforts to restore the Histodc Nueces County Courthouse. (Attachment # 24) PUBLIC COMMENT FROM THE AUDIENCE ON MATTEI?.~ NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THF COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF 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 didge a la junta y cree que su ingl~s es limitado, habr~ un int&rprete inglOs-espai~ol en ia 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. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 28,2003 Page 9 25. 26. 27. O. NOTE: 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 10:00 a.m., January 24 , 2003. City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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) t 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~]~'~VCO~G PRIORITY ISSUES A~rport / Seawa~ / Co~v, gptlg9 Center / Argna · Continue quarterly x~porting process for these initiatives. '86 Bond l~ue Imorovement~ · Update status on Senior Centers. · Provide communication on completion of these projeets (e.g. "Report to the Community'). · Continue community involvement on issues such as Leopard Street improvements. Clearly define "privatization" and "re-engineering." · Make decisions regarding pfivatizafion and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. · Maintain the 5-year forecast model, · Review the August 1 budget adoption deadline. (2rime Control and Prevention · Continue implementation of the Commllnity Policing initiative. * Establish date for Crime Control and Prevention District election. , Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Polico and Fire health benefits with those of other City employees l~¢o~omic Develooment Sales Tax · Establish election date. Storm Water Utility · Reconsider implemenMtion plan for a Storm Water Utility. Pag~erv Channel · Continue quarterly repons on the progress of the TIF and Beach Restoration Project. L#n~lfi~ · Continue to evaluate the efficiency and effectiveness of operations. · F. xamine alternatives for solid waste manssement system, including prlvatization. ~tem~t · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. · Continue active role. Frost Bank B~ildin~ · Lease and complete renovation Annexation Plan · Implement current island aunexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. Redi~trictin~ · Develop Council-approved redistricting plan for the City of Corpus Christi ln4n~tr~i Dist~ct Contract · Review Industrial District contracts and determine date for approval COU~ei] Aelion Items Staff completes action requests in a timely manner. Cq~ / C0untv Health Issues · Continue discussions with County to determine slructure and process for the most effective and efficient delivery of health services Markeflna of CC Museum and Co!,~mbns Shins · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements I Improve Permitting Process (online / customer service) Padre Island Developmem Plan Downtown / South Central Development Plan (ma, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) -- **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Libra~ Noa~hside Development Plan Traffic Controls (channeling, studying on/off ramps on SPIt)) *Five Points Ambulance Effluent Plan for Leopard Medians RTA~Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 14, 2003 - 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney* Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe First Assistant City Attorney Jay Reining 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 Dr. Dan Morris, South Church of Christ, and the Pledge of Allegiance to the United States flag was led by the Mayor. 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 December 17, 2002. A motion was made and passed to approve the minutes as presented. *Council Member Chesney arrived at the meeting. Mayor Neal referred to Item 2 and the following board appointments were made: Airport Board Mark Meyer (Reappointed) Ed Hicks Sr. (Reappointed) Nelda Martinez (Reappointed) J.C. Ayala Civil Service Board Erich Wendl Mechanical/Plumbing Advisory_ Board Sam Beecrofi (Reappointed) H. Ray Johnson Jr. (Reappointed) Robert Knowles (Reappointed) Scott Corliss Roger Perez Library Board Sue Stanford (Honorary, Non-Voting) Mayor Neal called for consideration of the consent agenda (Items 3-30). City Secretary Chapa announced the following abstentions: Mr. Kelly on Item 15; Mr. Noyola on Items 13, 28.a.- b., 29.a.-b. and 30; and Mr. Chesney on Item 17. Council members and the public requested that Items 3, 10, 14, 20 and 22 be discussed. Mr. Chapa polled the Council for their votes: 4. M2003-002 Motion approving the purchase of emergency response equipment from Fisher Safety of Minutes - Regular Council Meeting January 14, 2003 - Page 2 Pittsburgh, Pennsylvania, based on low bid for a total amount of $27,455.97. The equipment will be used by the Fire Department. Funds are available fi.om a grant through the Federal Domestic Preparedness Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2003-003 Motion approving the purchase of 20 laptop computers, 2 wireless base stations, 1 security cart, 2 wireless access points, and I server fi'om Dell Computer Corporation of Ronnd Rock, Texas, in accordance with the State of Texas Cooperative Purchasing program for the total amount of $45,353. The equipment is for the Police Department Training Center funded through the COPS MORE grant. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2003-004. Motion approving a supply agreement with One Source Facilities Services of Corpus Christi, Texas, for floor services for various Police Department facilities and the main police building in accordance with Bid Invitation No. BI-0033-03, based on low total bid for an estimated amount of $28,008. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2003-005 Motion approving a supply agreement with Horacio Ortiz Independent Security Consultant, Inc., of Corpus Christi, Texas, for armored courier service in accordance with Bid Invitation No. BI-0028-03, based on low bid, for an estimated annual expenditure of $34,200. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2003-006 Motion approving a supply agreement for approximately 277 gate valves, ranging in size fi.om 3" to 12", with National Waterworks of Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0040-03, based on low bid, for an estimated annual expenditure of Minutes - Regular Council Meeting January 14, 2003 - Page 3 $81,216.67. The term of the contract will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager, or his designee. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 9. M2003-007 Motion authorizing the City Manager or his designee to execute a construction contract with Paula Construetiun of Cleveland, Texas, in the amount of $292,380 for the Five Points Drainage Channel Improvements - Emory Ditch. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.a. ORDINANCE NO. 025154 Ordinance appropriating $96,150 in the No. 3357 Public Health and Safety Capital Improvement Program Fund out of interest earnings to fund the mold remediation project-City of Corpus Christi Health Department; amending Ordinance No. 025144 which adopted the FY2002-2003 Capital Budget by increasing appropriations by $96,150. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ll.b. M2003-009 Motion authorizing the City Manager or his designee to execute a construction contract with Sanitary Air, Inc., dba Fresh Air Duct Cleaning in an amount not to exceed $69,400 for the Mold Remediation City of Corpus Christi Health Department Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12. M2003-010 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas, in an amount not to exceed $63,830 for the J.C. Elliott Landfill Oso Creek Low Water Crossing. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. M2003-011 Motion authorizing the City Manager or his designee to execute Amendment No. 7 with Minutes - Regular Council Meeting January 14, 2003 - Page 4 DMJM Aviation of Tampa, Florida, in the amount of $139,104 for extended services with the Corpus Christi International Airport for the terminal reconstmetinn and landside improvement projects. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 15. M2003-013 Motion authorizing the City Manager or his designee to execute Amendment No. 4 with Gilbane Building Company of Houston, Texas, in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation and Multipurpose Arena Projects. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnisnn, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 16. M2003-014 17. 18. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $172,684 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Nueces Delta. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2003-015 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Justus, in the amount of $53,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses m ennnection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 8, being all of Lot 13, Block 4, Mount Vernon Subdivision, with street address of 4902 Waltham, necessary for the McArdle Road Street Improvement Project, Phase 3, Project No. C-6, and for other municipal purposes. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining. RESOLUTION NO. 025155 Resolution authorizing condemnation proceedings by the City to condemn fee simple title to Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, fi.om the owners, Gilbert Arispe and wife Frances Arispe and recognizing the public necessity of acquiring the property for the construction of street and utility improvements in connection with the McArdle Road Street Improvement Project, Phase 3, Project No. C-6, and for other Minutes - Regular Council Meeting January 14, 2003 - Page 5 municipal purposes. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnisun, Longoria, Noyola, and Scott voting "Aye." 19. RESOLUTION NO. 025156 21.a. Resolution authorizing condemnation proceedings by the City to condemn Parcel 2, comprised of a Right-of-Way Easement and Temporary Construction Easement, both out of Block C, Wilkey Addition, located at the northernmost comer of Airline Road and South Padre Island Drive, f~om the owners, Robert C. Shih and wife, Yalee Shih, to construct street and utility improvements as part of the Intersections Approach Improvements Project, and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2003-016 Motion authorizing the City Manager or his designee to execute Attachment No. 01 to renew Contract No. 7460005741-2004 with the Texas Department of Health in the amount of $87,979 for tuberculosis prevention and control and expanded outreach services from 01/01/03 to 12/31/03. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 21.b. ORDINANCE NO. 025157 Ordinance appropriating a grant from the Texas Department of Health in the amount of $87,979 for tuberculosis prevention and control and expanded outreach services into the No. 1050 Federal/State Grants Fund - Health Department. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23.a. RESOLUTION NO. 025159 Resolution authorizing the submission of a grant application in the amount of $60,638 to the State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of the computer forensics specialist grant of the Police Department and to execute all related documents. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting January 14, 2003 - Page 6 23.b. RESOLUTION NO. 025160 Resolution authorizing the submission of a grant application in the amount of $60,427 to the State of Texas, Office of the Governor, Criminal Justice Division for first year funding for the crime scene technician grant of the Police Department and to execute all related documents. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23.c. RESOLUTION NO. 025161 Resolution setting a priority number of one for the Computer Forensics Specialist and a priority number of two for the Crime Scene Technician grant. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24. RESOLUTION NO. 025162 Resolution authorizing the City Manager or his designee to execute an Interloeai Cooperation Agreement entitled "Master Agreement for Mutual Aid Coastal Bend Council of Governments." The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 25. RESOLUTION NO. 025163 Resolution authorizing the City Manager or his designee to execute an Interloeal Cooperation Agreement with Tuloso-Midway Independent School District for the construction and operation of two playgrounds. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." 26.a. M2003-017 Motion authorizing the City Manager or his designee to accept a grant in the amount of $16,3 5 3 and to execute a contract and all related documents with the Texas State Library and Archives Commission for a Lone Star Libraries grant. Funds will be used to inventory and organize early Corpus Christi documents in the Local History Department of the Corpus Christi Public Libraries. The foregoing motion passed by the following vote: Neal, Chesney, Cohnenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting January 14, 2003 - Page 7 26.b. ORDINANCE NO. 025164 27. 28.a. Ordinance appropriating a $16,353 Lone Star Libraries grant from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for the Local History Department of the Corpus Christi Public Libraries. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 025165 Ordinance appropriating $14,426.70 from Bituminous Insurance Company in the No. 1020 General Fund for mitigating repairs and replacement flooring at the Janet F. Harte Public Library; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $14,426.70. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." M2003-018 Motion authorizing the City Manager or his designee to execute an amendment to the passenger facility charge (PFC) application submitted August 29, 2002, increasing the PFC collection level from $3.00 to $4.50 beginning March 1, 2003, increasing the allowable collections by $2,278,707 to $43,362,585 and extending the collection period to Jan. 1,2027. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 28.b. ORDINANCE NO. 025166 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, Section 9-62 Passenger Facility Charge by extending the collection period from May 31, 1998 to January 1, 2027 and increasing the passenger facility charge from $3.00 to $4.50 per enplaned passenger beginning March 1, 2003. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 29.a. RESOLUTION NO. 025167 Resolution authorizing the City Manager or his designee to execute a Memorandum of Agreement between the United States Government and Corpus Christi International Airport to provide law enforcement officers at security checkpoints at the Airport in consideration of reimbursement or partial reimbursement; effective through December 1, 2003. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting January 14, 2003 - Page 8 Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 29.b. ORDINANCE NO. 025168 Ordinance appropriating $227,000 from the Transportation Security Administration into the No. 4610 Airport Fund for providing law enforcement officers at security checkpoints; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing revenues by $250,000 and appropriations by $227,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Gan'eR, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 30. ORDINANCE NO. 025169 Ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the lease agreement between the General Services Administration (GSA), acting for the Transportation Security Administration, and the City of Corpus Christi by increasing their current rentable office space of 6,710 square feet by 283 square feet for a total of leased space to 6,993 square feet at the Corpus Christi International Airport. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. Mayor Neal opened discussion on Item 3, North Padre Island Development Corporation. Mr. J.E. O'Brien, 4 ! 30 Pompano, said the original ordinance called for a 15-member board and it was amended to constitute nine members. He asked if the amendment eliminated the other taxing entities from making appointments to the board. He also asked about the terms and the project and financing plans. Deputy City Manager Noe said he thought Mr. O'Brien was referring to the Reinvestment Zone No. 2 board, which has 15 members. He said the North Padre Island Development Corporation (NPIDC), which is a separate corporation recommended by bond counsel and the City Attorney, will be the issuing agent pursuant to an interlocal agreement between this board, the Reinvestment Zone No. 2 board, and the City of Corpus Christi. He said that originally the N-PIDC board consisted of five members who are city staff members. He said the City Attorney and bond counsel recommended in December 2002 that the board be expanded to nine and be comprised of the City Council members. He said if approved, this proposal will make those appointments. Mr. Noe added that the Reinvestment Zone No. 2 board, which consists of some Council members, will meet this month to consider a number of plans. City Manager Gareia pointed out that the other taxing jurisdictions (Del Mar College, Port of Corpus Christi Authority and Nueces County) are represented on that 15-member board. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 14, 2003 - Page 9 3. M2003-001 Motion appointing the Mayor and City Council to serve as the Board of the North Padre Island Development Corporation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 10, traffic signal construction agreement. Council Member Kinnison said that according to the support material, the contractor will have a year to complete this project and he asked if that time line can be accelerated. Mr. Angel Escobar, Director of Engineering Services, said that one of the critical items is the delivery of the equipment and staff will be working with the contractor to expedite that. He added that the on-site work such as the foundations will commence immediately. Council Member Noyola asked about the installation of the traffic signal at the intersection of Old Brownsville Road and CliffMaus. Mr. Escobar said it will probably occur in early to mid- summer. City Secretary Chapa polled the Council for their votes as follows: 10. M2003-008 Motion authorizing the City Manager or his designee to execute a signal construction supply contract with Star Operations Inc., of Corpus Christi, Texas, in the amount of $389,957.50 for a Traffic Signal Construction Agreement for various new locations, Phase 2. 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 14, construction management services for the 2003 capital budget. Council Member Kelly asked how the Anderson Group was selected. Mr. Escobar said it is the same finn that assisted with the airport project and will work on the convention center and arena projects. He said this contract is for six months. Mr. Kelly also asked about the feed back fi.om the construction companies. Mr. Kevin Stowers, Assistant Director of Engineering Services, said the contractors are satisfied with their working relationship with the Anderson Group. City Manager Garcia noted that the project manager's role is to inspect the contractors' work, keep them on task, and ensure that the project meets the city's schedule and budget. Mr. Stowers said this company was selected through a professional services selection process. He said the person who may represent the Anderson Group is a licensed civil engineer and very experienced with private and public construction projects. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 14, 2003 -Page 10 14. M2003-012 Motion authorizing the City Manager or his designee to execute a construction management services agreement with Anderson Group Construction Management Inc. of Corpus Christi, Texas, in the amount of $72,800 for various capital improvement projects associated with the 2003 Capital Budget. 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 20, speed limit changes on Rand Morgan Road (FM 2292). Responding to Mr. Kelly, Mr. Escobar said the Texas Department of Transportation (TXDOT) conducted a traffic engineering investigation to review the existing speed limit on Rand Morgan south of Leopard Street as a result of the recent opening of the Tuloso-Midway Intermediate School. He said TXDOT asked the city to amend the ordinance to make the lower travel speeds enforceable; in addition, city staff have erected the necessary signage. He added that TMISD requested these speed limit changes. City Secretary Chapa polled the Council for their votes: 20. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: on Rand Morgan Road (F.M. 2292): revising the existing speed limits to the following: 55 mph to 45 mph bom north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street; 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline of OregonTrail to 340 feet south of the centerline of Goodnight Loving Trail; 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44); providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Gan'eR, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 22, traffic signal at McArdle Road and the Regional Transportation Authority (RTA) Iransit station. Council Member Scott questioned the location of the proposed signal and the statement regarding increased congestion in that section of McArdle Road. Mr. Escobar said the light would be located on McArdle Road adjacent to the Dillard's parking area. City Manager Garcia said he met individually with several managers of stores in Padre Staples Mall and they listed as their first priority a signal in the proposed location. He said they had informed the mall management of the need for a signal there but the mall had not constructed one. Council Member Garrett said that a double fatality occurred in that location. Minutes - Regular Council Meeting January 14, 2003 - Page 11 Responding to additional questions from Mr. Scott, Assistant City Manager Ron Massey said this traffic signal is part of the RTA transfer station project, which will give pedestrians easy and safe access and help traffic flow in the entire area. Mr. Escobar added that the existing bus stop on southbound South Staples Street by the mall will be eliminated to allow for better fight-turu movement onto South Padre Island Drive. Council Member Colmenero asked if the new business being built in that location will create additional congestion. Mr. Escobar said staff can provide additional information. He added that the McArdle Road signals will be synchroni.zed. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 025158 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Regional Transportation Authority pursuant to the Intarlocal Cooperative Act to provide for the procurement of fixed equipment and communications equipment for the development of a new traffic signal on McArdle Street adjacent to the Regional Transportation Authority's new Southside Transit Station. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to Item 31 which was listed on the agenda as follows: 31. Case No. 1102-05, David W. & Elaine R. Hoffman: A change of zoning from a "R-lB" One- family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of an "RE" Residential Estate District. He added that this item was tabled on December 17, 2002, and the applicants have requested that it be tabled for an additional 30 days. Mr. Michael Gunning, Planning Director, said there were two major property owners who were opposed to the rezoning request. The applicants met with the owners on the east side of the subject property and they are now in agreement with the proposal. However, the other property constitutes 20% of the notification area and that property owner is still opposed. The applicants are requesting additional time to meet with that owner. Mr. Chesney made a motion to continue the tabling of this zoning case until February 18, 2003; seconded by Mr. Scott and passed. TABLED Minutes - Regular Council Meeting January 14, 2003 - Page 12 Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 32. Case No. 1202-01, Bob R. Bridges: A change of zoning from a "A-I" Apartment House District to a "B-I" Neighborhood Business District on Gateway Park, Block 8, Lots 5 and 6, located on the west side of Laguna Shores Road, approximately 200 feet north of Knickerbocker Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-l" Neighborhood Business District. He said the ordinance in the agenda packet reflects the applicant's rezoning request. Mr. Gunning explained that the property is currently vacant and the applicant requested the "B- 1" in order to develop the two lots as a single lot for a barbecue and snow cone restaurant with a drive-through window. He said he was informed before the Council meeting that the applicant has changed his mind and no longer wants to pursue the barbecue restaurant because he feels there is not a market for it; instead, he would like to develop the property with a small-engine repair facility. Mr. Gunning said that use would not be allowed under the requested "B-1" zoning. Uses that are allowed in that zoning district include retail stores, personal services, convenience stores, fuel sales and other uses. He said the 20% rule is in effect on this zoning case. Mr. Gunning went on to say that in the Flour Bluff Area Development Plan adopted in 1993, the Council decided to limit the general commercial zoning along the South Padre Island Drive (SPID) frontage as well as to accommodate the existing commercial areas that had developed. He said the overall long-range plan for this area is for multi-family development to buffer the "B-3" and "B-4" uses along SPID. He said staff believes-and the Planning Commission concurs-that if the subject property is allowed to develop commercially, it will deter future multi-family development. He added that this section of Laguna Shores is a collector street, is currently unimproved and has drainage ditches on both sides. Mr. Bob Bridges, 2401 Manitoba St., said he was requesting the "B-I" zoning because he does not think it should be residential and there are already existing businesses around the subject property as well as the Flour Bluff Volunteer Fire Department across the street. He said he does not think his proposed business would generate excessive traffic but he would like to make enough money to develop apartments on the six lots he owns on Nagel Street (Lots 25-30). Council Member Scott asked about the zoning of those lots and Mr. Gunning said they could be developed with single- or multi-family dwellings. Mr. Longoria made a motion to close the public hearing, seconded by Mr. Noyola, and passed. Responding to other questions from Mr. Scott, Mr. Gunning said that Lots 1-3 on Laguna Shores Drive are zoned and developed single-family and the property owner is opposed to the rezoning request. He said the buildings on Lots 7-9 are in disrepair and staff understands that the owner intends to bring them up to code or demolish them. Mr. Gunning then showed slides of the subject and adjacent properties. In reply to Council Member Longoria, Mr. Gunning said there are no immediate plans to improve Laguna Shores Road at this time. Mr. Scott (who represents that area) said he would not Minutes - Regular Council Meeting January 14, 2003 - Page 13 be inclined to support the "B-I" rezoning request. Mr. Chapa said the ordinance before the Council is the applicant's request for "B-1." Mr. Scott made a motion to deny the "B-1" zoning, seconded by Mr. Longoria. Responding to Council Member Kinnison, Mr. Gunning said that when the Council denies a zoning request, the applicant is prohibited fi.om refiling the same application on any or part of the land for a period of 12 months unless the City Manager refers a request to waive the prohibition. In addition, an applicant cannot reapply to rezone a piece of property for a period of 12 months alter the Planning Commission has taken action. Mr. Chapa polled the Council for their votes on the motion to deny the B-1 zoning and ~t passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." DENIED Mayor Neal opened discussion on Item 33 regarding the 2003 City Council election. City Secretary Chapa said the proposed ordinance needs to be amended to change the words in the caption fi.om "Nueces County" to "Nueces County Election Officer." In addition, he said the background material indicates that two precincts (89 and 109) were combined; however, Precinct 89 instead needs to be combined with Precinct 70, both of which are in District 3. He said voting will occur in Precinct 70 at Arrowsmith Apartments. Mayor Neal asked how the Council can add other items to the ballot, such as charter amendments. Mr. Chapa replied that the Council can amend this ordinance to include those items by February 18, 2003. He added that Del Mar College has expressed interest in holding their bond election in conjunction with the city's election. The Mayor also asked about the wording in Section 6 regarding early voting. Mr. Chapa said that by law early voting will start on Wednesday, March 19, 2003, and will be held Mondays through Fridays through April 1, 2003, at the main early voting polling place at City Hall and at the five temporary branch polling places. Responding to Council Member Kinnison, Mr. Chapa said that he can amend the submission to the Justice Department if the Council votes to amend the ordinance to include other ballot items. Mayor Neal said the newspaper stated that the last day to file for a place on the ballot is March 6, 2003. Mr. Chapa said that is incorrect-the last day to file is February 19, 2003. Council Member Noyola asked about early voting on weekends. Mr. Chapa said that mobile voting sites will also be available during the week and on weekends during the early voting period. Council Member Scott asked about Del Mar's bond election. Mayor Neal said Del Mar's attorneys are looking into the legalities of holding their election on April 5t~ because it is not a Minutes - Regular Council Meeting January 14, 2003 - Page 14 uniform election date (although the state statute allows the City of Corpus Christi to hold their election on the first Saturday in April in odd-numbered years). Mr. Chapa said that in the past they have discussed the possibility of having the legislation changed to rejoin with other political subdivisions to hold the city's election on a uniform election date. Mayor Neal made a motion to amend Item 33 as stated by Mr. Chapa and the motion passed. There were no comments fi.om the audience. Mr. Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 025170 Ordinance ordering a general election to be held on April 5, 2003, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with Nueces County Election Officer for equipment, supplies, and printing necessary to conduct the election; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 34, fuel cost reconciliation. Mr. Reining explained that the utility company sets a rate factor which is effective for 3~A years and is their best estimate of what the fuel rates will be for that period. He said at the end of that period there is a reconciliation to determine if the actual fuel costs reflected the rate factor. He said since that is a long period of time, it is normal for the cities to intervene to ensure that the submission by Central Power and Light is accurate. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34. RESOLUTION NO. 025171 Resolution authorizing intervention in Central Power and Light Company's request to reconcile fuel costs incurred during the period July 1, 1998 - December 31,2001, filed at the Public Utility Commission of Texas and assigned Docket No. 27035; authorizing the joining with other intervening cities to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking costs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 35, Phases 2, 2a and 3 of the southside water transmission main. There were no comments from the audience. Minutes - Regular Council Meeting January 14, 2003 - Page 15 Responding to Council Member Scott, Mr. Escobar said that on base bid "A"-segment A, Berry Contracting bid $8.38 million compared to $6.8 million bid by Gamey Companies. He added that the contract contains an incentive clause to expedite the construction, which he explained. Mr. Ed Garafla, Water Superintendent, said this project will stabilize water pressure on the southside. He said it is scheduled to be operational by December 31, 2003. Mayor Neal said this is another example of how the city is improving its infrastructure. City Secretary Chapa polled the Council: 35. M2003-019 Motion authorizing the City Manager or his designee to execute a construction contract with Gamey Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a and 3. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." Counci~ Member Noyola referred to the upcoming City Council election and asked why Precincts 71 and 95 were not being combined. Mr. Chapa said if there are more than 3,000 registered voters in each precinct, staff does not recommend combining precincts. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 36. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. 37. Executive session pursuant to Texas Government Code Section 551.071 regarding Corpus Christi's Sexually Oriented Business Ordinance, with possible discussion and action related thereto in open session. 38. Executive session pursuant to Texas Government Code Section 551.071 regarding United States of America v. The City of Corpus Christi, No. C-03-015, United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded and passed as follows: 38. M2003-020 Motion authorizing the City Manager to execute a legal services agreement with the Law Offices of Kerry Russell, P.C., to represent the city in United States of America v. City of Corpus Christi, before the United States District Court, Southern District of Texas, involving the tire fire at the J.C. Elliott Landfill, at an hourly rate of $190.00 plus expenses, subject to certification of funds. Minutes - Regular Council Meeting January 14, 2003 - Page 16 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal called for the City Manager's report. Mr. Garcia announced the joint meeting with the Nueces County Commissioners Court on January 16, 2003 at the Museum of Science and History. He also discussed items scheduled for the January 21, 2003 Council meeting. Mayor Neal called for Council concerns and reports. Mr. Noyola said his father passed away on January 5, 2003 and he thanked everyone for their prayers and support. He added that he is getting married on January 18t~, which is what his father would have wanted. Mr. Chesney said the Friends of the Park elected a board and are proceeding with their plans. He said the District 2 town hall meeting has been rescheduied for February 10, 2003 and he requested an update on the fire station on the island. Mr. Escobar said the bonding company has taken over and will rebid the project. Mr. Chesney asked about the grant money for Packery Channel. Mr. Garcia said they anticipate working within the time lines in order to spend the grant. Mr. Chesney expressed his sympathies to the Goldston family. Mr. Garrett said he received complaints about debris blocking a stormwater drain in the 6000 block of Hugo and he also asked about the stormwater repairs on Mesquite Street. Mr. Escobar said the repairs have been completed and the road surface restored. He said that on January 28t~ Shiner, Moseley will present the results of a study of that stormwater project. Mr. Garrett complimented staff for the repairs on Wooldridge Road and he said staffneeds to ensure that city employees' voice mail is deactivated when they leave employment. Mr. Scott asked about the Padre Island/Mustang Island Area Development Plan. Mr. Gunning said it is basically the same as last year with some revised schedules. Mr. Scott asked the Mayor if he can express his concerns about the Waldron sports complex to Congressman Solomon Ortiz and he announced a town hall meeting that he and Commissioner Chuck Cazalas will hold on January 27~ at Windsor Park Elementary. Mr. Scott also asked about the status of the One-Stop Development Center. Assistant City Manager Margie Rose said there has been a 30- to 45-day delay due to asbestos mitigation; in the meantime, staff is developing the business plan. Mr. Scott asked when the Council will discuss the Landry's proposal and Mr. Garcia said it should be scheduled for the third meeting in February. Mr. Scott also asked about the possibilities of recycling trash from the arena and convention center projects. Mr. Garcia said staff can look into it. Mr. Kelly referred to a letter dated January 13th concerning a pit bull dog on the 2400 block of Violet Avenue. Mr. Reining said that according to the Code of Ordinances, one of the grounds for impoundment is if an animal bites, scratches or otherwise attacks another animal or person within the city. Mr. Kelly said the animal in question has been unrestrained and has caused many problems. He also referred to a citizen's letter regarding several code enforcement issues and he requested an update on County Road 52. Mr. Escobar said staff continues to work on the right-of- way acquisition. Minutes - Regular Council Meeting January 14, 2003 - Page 17 Mr. Colmenero said he also has received complaints about a dog attack around Chamberlain Street and problems of underage drinking around Holy Family Church. He also said he has received reports about gang activity and prostitution in the area of Corpus Christi Beach and speeding on Brawner Parkway. He commented on faulty asphalt at the Port Ayers RTA bus terminal and Mr. Escobar said staff is working with RTA representatives to address it. Mr. Colmenero said there are problems with high weeds and residences that are being used as warehouses. Responding to Mayor Neal, Mr. Gunning said that improvements were supposed to have been made at the Taylor Center by July 20, 2002, in conjunction with a zoning change. He said a letter is being prepared to inform the property owner that he is not in compliance. The Mayor also asked about the planned improvements at Airheart Point. Mr. Gunning said that Dr. Mintz has been asked to not move forward until the city completes the drainage and walkway improvements there. Mayor Neal said there needs to be a way to quickly take action on such issues when the deadlines pass. He also asked about the stormwater recommendations and Mr. Escobar said staffwill present them on January 28th. The Mayor called for petitions from the audience. Mr. Gerald Benadum urged the Council to review the section of the code that will require relocation of adult lounges into "1-3" zoning. He said they should place the issue on the Council's agenda for open discussion and action. Ms. Sue McClurg, 3718 Laguna Shores, said that on January 10t~ she and other residents filed a petition with over 1,000 signatures to stop the removal of the bridge on Laguna Shores Road. She said they were not informed that the plan is to replace the bridge with an open channel. Mr. Escobar said staffhas forwarded the petition to the consultant who is studying the issue. He said the Traffic Advisory Committee will discuss it on January 27, 2003 and their recommendation will be brought to the Council in February. Mr. Joe Benavides, 2421 Cleo, said he is a member of Leadership Corpus Christi Class XXXI and he complimented the Council for their efforts. Mr. Jack Gordy, 4118 Bray, said that when the landfill tire fire occurred in August 1999, he told the Council to get a copy of the letter from the EPA and a copy of the photograph sent to the City Manager prior to the fire erupting. He said the fire could have been avoided. He also referred to erroneous charges for police reports and enfomement of political sign regulations. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:47 p.m. on January 14, 2003. MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND NUECES COUNTY COMMISSIONERS COURT January 16, 2003 - 3:10 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Brent Chesney Henry Garrett Bill Kelly Rex Kinnison John Longoria Jesse Noyola Mark Scott COMMISSIONERS COURT County Judge Terry Shamsie Chuck Cazalas Betty Jean Longoria Oscar Ortiz Frank Schwing City 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 Mayor Neal called the meeting to order in the Watergarden Room of the Museum of Science and History. City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Judge Shamsie also verified that there was a quorum of the Commissioners Court. Both the Mayor and the County Judge asked the respective staff members of the city and county to introduce themselves. City Manager Garcia introduced a computer presentation regarding enhanced services through shared opportunities. He said there are many issues that necessitate coordination between the city and county because of mandates by the Texas Legislature, requirements of existing contracts, and recent changes such as annexation. Mr. Garcia said the areas of common interest are: public safety/courts - county jail services, crossing guards/child safety, MetroCom, fire services; development/environmental -dune protection, platting, transportation planning (i.e., Metropolitan Planning Organization); quality of life - library and beach services; fiscal-cooperative purchasing, resource sharing, service delivery partnerships. Regarding joint legislative issues, Mr. Tom Utter, Special Assistant to the City Manager, said that of the approximately 6,000 bills that will be introduced during the 2003 legislative session, about 2,500 will affect the city, the county or both. He then reviewed issues that may be of interest !o both entities. Responding to Council Member Noyola, Mr. Utter said the city's legislative position is to oppose broadening the existing collective bargaining statutes. Judge Shamsie also asked about the child safety registration fee legislative issue. (The city supports legislation to amend the current law to increase the optional vehicle registration fee for child safety from $1.50 to $3.00 and to allow cities to impose the fee.) Mr. Utter said there would be either the optional county fee or the optional city fee but not both. Mr. Garcia said if that legislation passes, the city will have the authority to impose the tax directly and have it collected by Minutes - City/County Joint Meeting January 16, 2003 - Page 2 the county, which would be paid an administrative fee for that service. A discussion ensued regarding the child safety registration fee, including whether it could be used to pay for crossing guards for parochial schools, current costs of the city's crossing guard program, and possible revenues generated by the fee. Judge Shamsie asked Commissioner Ortiz and Mr. Steve Waterman, Executive Assistant, to represent the county on a committee to study that issue and bring back a recommendation in 10 days. Mayor Neal asked Council Member Kelly and Assistant City Manager Jorge Cruz-Aedo to serve as the city's representatives on that committee. Commissioner Schwing asked Mayor Neal to read a letter from him to the Mayor and City Council dated January 14, 2003, regarding the historic Nueces County Courthouse. Acknowledging in his letter that the deteriorating building has been a source of contention, Mr. Sehwing discussed the concept of the South Texas Exploratorium. He said in order for that project to succeed, Nueees County will need the City of Corpus Christi to accept a substantive role, including pledging its cooperation in the exercise of its code enforcement responsibilities. Mr. Schwing also stated in his letter that he hopes the city will assist the county in its pursuit of grant monies and pledge to participate financially. Mayor Neal asked about the grant deadline imposed upon the old courthouse. Mr. Tyner Little, Executive Assistant, said the courthouse committee of the Texas Historical Commission will meet in San Antonio on January 30m, at which time they will make a decision about a $1.9 million grant. He also discussed other aspects of the courthouse project. Mr. Schwing said the county needs a pledge of about $200,000 in case the bonds do not sell for the amount they anticipate. Ms. Brooke Sween-McGloin, a local architect who is actively involved with the courthouse project, responded to additional questions from the Council members and Commissioners. Mayor Neal asked Ms. Sween-McGloin to give the Council a presentation about the courthouse on January 21, 2003. Mayor Neal said the next issue to consider was platting procedures for areas of extra- territorial jurisdietion (ET J). Mr. Utter explained that several years ago the state legislature approved a statute requiring cities and counties to decide who controls the platting process outside the city limits. He said many cities and counties have decided that inside the ETJ (but outside the city limits), the city takes the lead in platting while the county has the opportunity to attend the platting session and outside the ETJ, the opposite occurs. He said the City of Corpus Christi and Nueees County should decide how they will address this issue before the state imposes its own process. Responding to Council Member Kelly, Mr. Gareia said there is no cost to the city in this process. He said the issue is whose platting and subdivision requirements will be imposed on developers within the ETJ. He said the city's requirements are much more strict than the county's requirements. Mayor Neal suggested that city staff meet with Commissioners Ortiz and Longofia on the platting issue. Mayor Neal said another issue of interest was dune protection authority. Mr. Utter said that in order to develop on a barrier island, a developer generally needs a beachfront construction permit and a dune protection permit. He said that under state law, dune protection is the responsibility of counties, which can in turn delegate that responsibility to cities. In Nueces County, there are two cities located on the barrier island (Port Aransas and Corpus Christi). He said that Port Aransas received dune delegation authority in 1993 and the City of Corpus Christi has requested the same Minutes - City/County Joint Meeting January 16, 2003 - Page 3 authority from the county. Council Member Scott said he has had several conversations with developers regarding the need to simplify the process within the Corpus Christi city limits. Dr. Jennifer Smith, Chairperson of the Nueces County Beach Management Advisory Committee, said that citizen input is very important in determining how Mustang and Padre Islands will be developed. She said a separate citizens' advisory committee should be created to specifically address the dune permitting issue because the requirements are extremely complex. A discussion ensued regarding barrier island development and related bureaucratic issues. Judge Shamsie said he and Commissioner Cazalas will work on the dune protection issue and Mayor Neal said that Council Members Scott, Garrett and Chesney and Dr. Smith should also be involved in those discussions. Mr. Chesney asked if the city and county could investigate ways to share administrative costs on their health insurance plans so as to lower their costs and provide better coverage. Mayor Neal said there are vast differences between the two health care plans, including negotiated plans for the city's fire and police unions. Mr. Noyola asked about joint purchasing possibilities. Judge Shamsie said they can discuss that issue in the future. With regard to the county jail, Judge Shamsie said there is a problem with follow-up reports not being provided by city police officers for some of the jail inmates, which creates a backlog. Police Chief Pete Alvarez described the process that is followed, saying that sometimes the lab tests for drug-related arrests are delayed. Council Member Garrett commented on the number of city employees who are working at the jail. Additional discussion followed and Judge Shamsie said he and City Manager Garcia can fiffther explore the jail issue. Mr. Kelly raised the issue of the rural fire districts (RFD) in the northwest and Flour Bluff, saying that citizens there are paying double taxation for fire service. Mr. Scott pointed out that the citizens in those areas voted to create the fire districts. Mr. Garcia said that city staff, including Fire Department staff, recommended against them. First Assistant City Attorney Jay Reining said the RFD in the northwest cannot be dissolved and he doubts there is any action the county could take either. Assistant Fire Chief Richard Hooks described problems that have arisen as a result of the rural fire district in the northwest. Mr. Kelly also noted that there are road projects underway in the northwest and he asked if ditches can be developed in conjunction with those projects to improve drainage. Mr. Angel Escobar, Director of Engineering Services, said staffis developing a master plan which will include the location of potential sites for drainage outfalls. Mayor Neal thanked the County Judge, Council members and Commissioners for their participation and said additional joint meetings will follow. Judge Shamsie said they will do what they can to make the right decisions for all citizens. There being no further business to come before the Council, Mayor Neal adjourned the joint meeting at 5:38 p.m. on January 16, 2003. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 21, 2003 - 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney Javier D. Colmenero Henry Gan:eR Bill Kelly Rex A. Kinnison Jesse Noyola ABSENT Mark Scott City Staff.' City Manager David R. Garcia Deputy City Manager George Noe First Assistant City Attorney Jay Reining 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 Pastor Fred Zumalt, New Wine Fellowship, and the Pledge of Allegiance to the United States flag was led by Council Member Longoria. 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. Joined by the Council and the board of the Corpus Christi Convention and Visitors Bureau (CVB), Mayor Neal read proclamations honoring Mr. Beruey Seal and Mr. Bill Prnet, who were both very strong proponents of the CVB and the City of Corpus Christi. The Mayor also asked representatives of the Homeless Coalition Partnership to explain a $1.2 million check they received from the U.S. Department of Housing and Urban Development. Mayor Neal then swore in the newly appointed board and commission members. Mayor Neal referred to Item 1 and the following board appointment was made: Museum of Science and History Advisory Committee Dr. Sharon Brower Mayor Neal called for consideration of the consent agenda (Items 2-12). City Secretary Chapa stated that Council Member Noyola will be abstaining on Items 11 and 12. Council and audience members requested that Items 4, 5 and 11 be discussed. Mr. Chapa polled the Council for their votes and the following passed: 2. M2003 -021 Motion authorizing the City Manager or his designee to purchase the telephone system from Minutes - Regular Council Meeting January 21, 2003 - Page 2 Logical of Irving, Texas, in the amount of $36,245 for the Department of Development Services One-Stop Center. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Lungoria, and Noyola voting "Aye"; Scott absent. 3.a. ORDINANCE NO. 025172 Ordinance appropriating $147,000 from the Unreserved Fund Balance in the No. 5110 Maintenance Service Fund to purchase equipment; amending Ordinance bio. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $147,000. An emergency was declared and the foregoing ordinance passed as follows: Neai, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 3.b. M2003 -022 Motion approving the purchase of one used rear steer brush loader and one new rear steer brush loader from Heil of Texas, Irving, Texas, based on sole source for a total amount of $202,000. The brush loaders will be used by the Solid Waste Department. Funds are made available through a grant from the Coastal Bend Council of Governments and the Maintenance Services Capital Outlay Fund. Both units are replacements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. M2003-025 Motion approving a supply agreement with Polydyne Inc. of Riceboro, Georgia, for approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation No. BI-0049-03 based on low bid, for an estimated annual expenditure of $115,200. The term of the supply agreement will 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. The Water Department will use this chemical for the treatment of our water supply. Funds have been budgeted for FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longorla, and Noyola voting "Aye"; Scott absent. M2003-026 Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems Inc. of Corpus Christi, Texas in the amount of $120,192.47 for hardware and software support services on the Emergency 911 System. The term of the contract is for three years. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, GarteR, Minutes - Regular Council Meeting January 21, 2003 - Page 3 Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 8. M2003-027 Motion authorizing the City Manager or his designee to execute a Geoteehnieal Services Agreement with Trinity Engineering/Klein felder Inc. of Waco, Texas in an estimated amount not to exceed $53,925 per year for a total not to exceed contract of $107,850 for the J.C. Elliott Landfill groundwater monitoring and sampling 2003 and 2004 project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 9. M2003-028 Motion authorizing the City Manager or his designee to execute an agreement with ERM Southwest Inc. of Corpus Christi, Texas, in an amount not to exceed $55,500 for the Corpus Christi International Airport air traffic control tower and administrative facility asbestos survey abatement consulting services. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 10.a. M2003-029 Motion authorizing the City Manager or his designee to accept a grant in the amount of $27,216 from the Federal Emergency Management Agency (FEMA) for the purchase of three rapid intervention kits. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 10.b. ORDINANCE NO. 025173 Ordinance appropriating $27,216 from the Federal Emergency Management Agency's Assistance for Firefighters grant program for fire fighting equipment in the No. 1050 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 12. ORD1NANCENO. 025175 Ordinance authorizing the City Manager or designee to execute a food and beverage concession lease agreement with MRCC Ltd. for the operation of a food and beverage concession at the Corpus Christi Intemational Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic Minutes - Regular Council Meeting January 21, 2003 - Page 4 beverage sales for a term of up to 108 months with a five year option to renew upon agreed terms. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Lungoria voting "Aye"; Noyola abstaining; Scott absent. Mayor Neal opened discussion on Item 4, police package sedans. Responding to Council Member Garrett, Mr. Mike Barrera, Procurement and General Services Manager, said the Crime Control District is funding seven of the vehicles, all of which are replacement vehicles. Council Member Noyola asked about the vehicles that are replaced and Mr. Barrera said they are sold through auction to the general public. Mr. Jim Davis, General Services, said there is not a consistent vehicle replacement program for ali the departments. Mr. Noyola expressed concern about some of the city's high-mileage vehicles. City Secretary Chapa polled the Council for their votes as follows: 4. M2003-023 Motion approving the purchase of 37 police package sedans in accordance with Bid Invitation No. BI-0039-03 bom Padre Ford, Corpus Christi, Texas based on low bid for a total of $787,878. All units are replacements. Funding is available from the FY2002-2003 Capital Outlay Fund and the Crime Control and Prevention Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neai opened discussion on Item 5, tire disposal service. In reply to Council Member Colmenero, Mr. Barrera said this is a new bid. He said the recommended bidder had the contract three years ago under another name. Mr. Colmenero said there are many discarded tires around the city. Mr. Lawrence Mikolajczyk, Assistant Director of Solid Waste Services, said that every quarter the city holds free clean-up days at the landfill and city crews also collect tires for a charge. Responding to Council Member Noyola, Mr. Barrera said the amount budgeted for this service was $80,250. City Secretary Chapa polled the Council for their votes as follows: 5. M2003-024 Motion approving a supply agreement with Recovery Technologies Group of Baytown, Texas, for used tire disposal services in accordance with Bid Invitation No. BI-0036-03 based on low bid for an estimated annual expenditure of $69,300. The term of the supply agreement will 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 Solid Waste and Maintenance Services in FY2002- 2003. The foregoing motion passed by the following vote: Neal, Cbesney, Colmenero, Garrett, Minutes - Regular Council Meeting January 21, 2003 ~ Page 5 Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal opened discussion on Item 11, rental car concession lease agreements. Mr. J.E. O'Brien, 4130 Pompano, said that last week the Council increased the passenger facility charge (PFC) by 50% and extended it for another 24 years to help pay for the airport improvements. He questioned whether the proposal under Item 11 is really necessary and whether it affects economic development. Mr. Dave Hamrick, Aviation Director, said the previous Council approved the $1.50 increase in the PFC when the financing was being arranged for the airport improvements. He said the rental car customer facility charge will allow the rental car companies to reimburse the city for about $10,000 worth of electrical work the companies needed to make their office spaces acceptable. He said the charge also allows them to do capital improvements at the airport, such as canopied parking. He said Corpus Christi's rates are very competitive. City Secretary Chapa polled the Council: ll.a. M2003-030 Motion to amend the five rental car concession lease agreements prior to second reading. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Scott absent. 11.b. ORDINANCE NO. 025174 Ordinance authorizing the City Manager or his designee to execute an amendment to the five rental car concession lease agreements with Southwest Texas Leasing Company Inc. dba Advantage Rent-A-Car Inc.; Coastal Bend Rent-A-Car Inc.; National Car Rental of Corpus Christi Inc.; Dollar Rent-A-Car Systems Inc.; and Texas South Rentals Inc. dba Hertz Car Rental allowing for the collection of a customer facility charge in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improvement projects approved by the Director of Aviation at the Corpus Christi International Airport. The foregoing ordinance passed on second reading, as amended: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Scott absent. Mayor Neal referred to Item 13, an update of the Comprehensive Annual Financial Report (CAFR). Mr. John Shepherd, of Collier, Johnson & Woods accounting finn, said they are working to meet the GFOA deadline of February 28, 2003. He said reasons for the delay include that the city's Finance Department has several new employees and the city is required to implement Governmental Accounting Standards Board (GASB) Statement No. 34, probably the biggest change in governmental accounting in about 30 years. Mr. Shepherd said the city has improved its processing of bank reconciliations and accounts receivable. Minutes - Regular Council Meeting January 21, 2003 - Page 6 Referring to Item 17, Mayor Neal said that during the January 16, 2003, joint meeting of the City Council and Nueces County Commissioners Court, a presentation was made on behalf of the county regarding the old Nueees County Courthouse and the Mayor asked that a more in-depth presentation be given to the Council at this meeting. Mr. Tyner Little, Executive Assistant to County Judge Terry Shamsie, introduced Ms. Brooke Sween-McGloin, of MeGloin+Sween Architects. She gave a computer presentation about the historic County Courthouse, which was designed by nationally renowned architect Harvey Page. She said it is listed on the National Register of Historic Places, is a recorded Texas historic landmark and a state areheologieai landmark. She said despite its deteriorating exterior, the courthouse cannot be tom down because of a deed restriction placed on the property by its buyer in exchange for a grant to purchase it in 1978. In addition, demolition would cost at least $1 million. Ms. Sween-McGIoin said the building's structure is sound because it has a reinforced concret.e frame, .an excellent foundation system and is over-designed by modem standards. She said very minor repairs need to be made to the structural system. However, the brick and terra cotta veneer couneetors have corroded, causing the building's "skin" to deteriorate. She reviewed the courthouse's historic and aesthetic features, including plaster details, mosaic tile, marble stairs, cypress trim and wrought iron. Ms. Sween-MeGioin said that in 2000 the Texas Historical Commission (THC) approved Nueces County's master plan which advocates a phased approach to the courthouse's restoration. She said the priorities are to stabilize and protect the building from further damage; provide a safe environment for design, investigation and construction; and rehabilitate it. That year the THC awarded a $333,400 grant for Phase 1 plans and specifications, which were prepared in 2001 by the MeGloin+Sween project team. Also in 2001, Nueces County, with assistance from Neighborhood Visions, demolished the 1961 courthouse addition. She added that in 2002 the THC awarded a $1.9 million grant for Phase 1 construction and Nueces County has committed to providing the $950,000 match through conununity partners and Historic Preservation Tax Credit investment. Ms. Sween-McGloin said the overall $20 million restoration project will create 500jobs, of which 90 will be included in Phase 1. Once that phase has begun, fund raising efforts will begin for Phase 2 with an estimated time line of five to eight years. Ms. Sween-McGloin then discussed in detail the proposed use of the building-the South Texas Exploratorium, a "hands-on"/"minds-on" interactive learning environment. She said it can include exhibits focusing on several South Texas themes, including industry, environment and technology. She said in order to proceed with this project, the blue-ribbon committee needs to participate in the leadership, commitment and organization of the courthouse's use; develop the mission, goals and objectives; and lay the groundwork for a successful non-profit organization to carry the project forward. She said the monies for the grant match are being collected and they are hopeful that on January 23~a the county will sign contracts with the project team and the National Development Council to move forward with the constmetiun of Phase 1. She said they are requesting the Council's continued political support and cooperation. County Commissioner Betty Jean Longoria said that as a Council member she was a strong supporter of the old Nueees County Courthouse. She said if they do not start the process now, this Minutes - Regular Council Meeting January 21, 2003 - Page 7 project will never move forward. She urged the Council to also support it. Responding to Council Member Colmenero, Mr. Little reiterated the proposals that will be made to the Commissioners Court. Mr. Colmenero asked if the county was requesting $200,000 fi.om the city and Mayor Neal said that Commissioner Frank Schwing's January 14, 2003 letter to the Council did not state that. Mr. Little noted that on January 30~ the THC's courthouse committee will make a decision about the $1.9 million grant. Council Member Longoria asked city staffto analyze the county's request so the Council can make a decision at their next meeting. He said the city has many needs of its own. Mr. Patrick MeGioin explained that the tax credits being referred to are federal income tax credits that will be provided to a private investor who chooses to invest in the project. Council Member Kelly said he spoke to Commissioner Schwing, who said he was seeking a resolution of support fi.om the Council for the project. Responding to Council Member Noyola, Mayor Neal said that he had previously indicated to the county that the city would be interested in using the old courthouse for the Emergency Operations Center and Metrocom. He said he believes the request now is for general moral support. Mr. Little discussed support that has been expressed by other entities and other financial aspects of the project. Mr. Noyola commended those involved and said he would support the concept. Council Member Chesney said that no matter what someone's opinion may be about the courthouse, there is a historical covenant on it until 2018. He said the Council should show its support in a resolution. Council Member Kiunison requested a one-page executive summary about the funding issues as well as the economic evaluation that was done fi.om an operational standpoint. Council Member Garrett requested that this issue be placed on next week's agenda for action and he concurred with Mr. Longoria's request for staff's evaluation of the proposal. Ms. Sween- McGloin added that the remnants of the courthouse's jail (with the exception of the "death watch" cell) will be removed and the top two floors will possibly be used for classrooms and offices. Mayor Neal opened discussion on Item 14, Padre Island overlay district. Mr. Jeff Frahm, 13501 Royal Fifth Court, said he represents the Padre Island Business Association as well as others. He asked the Council to support Item 14, which can serve as a flagship project for the citizens and city. City Secretary Chapa polled the Council for their votes as follows: 14.a. ORDINANCE NO. 025176 Ordinance appropriating a $9,000 contribution in the No. 1020 General Fund fi.om the Padre Island Business Association to defray consulting expenses associated with the development of a business overlay district; amending Ordinance No. 024974 which adopted the FY2002- 2003 Annual Budget by increasing appropriations by $9,000. Minutes - Regular Council Meeting January 21, 2003 - Page 8 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Colmenero and Scott absent. 14.b. M2003-031 Motion authorizing the City Manager or his designee to execute a planning services contract with Municipal Planning Service of Missouri City, Texas, in the amount of $18,000 to prepare recommendations for incorporating architectural, landscape and design standards into the "B-2A" Barrier Island Business District. The foregoing motion passed by the following vote: Neai, Chesney, Garrett, Kelly, Kirmison, Longoria, and Noyola voting "Aye"; Colmenero and Scott absent. Mayor Ne. al opened discussion on Item 15, arena and convention center materials testing services. City Secretary Chapa stated that Council Member Kelly would abstain on this item. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 15.a. M2003-032 Motion authorizing the City Manager or his designee to execute an engineering materials inspection and laboratory services agreement with Fugro South Inc. of Corpus Christi, Texas in an amount not to exceed $230,000 for the Bayfront multipurpose arena project. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kiunison, and Noyola voting "Aye"; Kelly abstaining; Colmenero, Longoria and Scott absent. 15.b. M2003-033 Motion authorizing the City Manager or his designee to execute an engineering materials inspection and laboratory services agreement with Fugro South Inc. of Corpus Christi, Texas in an amount not to exceed $137,700 for the convention center expansion and rehabilitation project. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kinnison, and Noyola voting "Aye"; Kelly abstaining; Colmenero, Longoria and Scott absent. Mayor Neai opened discussion on Item 16, landscaping improvements. There were no comments fi'om the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 025177 Resolution authorizing the City Manager or his designee to execute an advance funding agreement for voluntary transportation improvement projects with the Texas Department of Minutes - Regular Council Meeting January 21, 2003 - Page 9 Transportation for landscaping improvements and wallscape construction at U.S. Highway 181 and Mesquite Street. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, and Noyola voting "Aye"; Longoria and Scott absent. 18. Mayor Neai announced the executive session, which was listed on the agenda as follows: Executive session pursuant to Texas Government Code Sections 551.071,551.072, and .551.087 regarding acquisition and development ora site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said the pit bulls referred to by Mr. Kelly during a previous meeting have been picked up and are at the city's Animal Control facility because they posed a threat. Mr. Garcia also briefly discussed the department head retreat on January 24-25 and said staff is also proceeding with the committee meetings discussed during the joint meeting on January 162. He highlighted the items scheduled for the January 28t~ meeting. He said on February 11th there will be a joint meeting with the CVB board followed by the regular meeting. Mayor Neal asked that the January 28th meeting start at noon and he called for reports. Mr. Chesney said that some of the notices he received about upcoming events were not timely and he asked Mr. Garcia to look into that. He also expressed his support for a skate park in Corpus Christi and he announced a town hall meeting on February 13t~ in District 2 and on March 3rd in District 3. He said the next Friends of the Park meeting will be held on February 5t~ in City Hall and he extended condolences to the families of Joe Jessel and T. Frank Smith. Mr. Chesney said the joint meeting with the county was productive and he looks forward to more such meetings. He also wished Ms. Rachelle Parry, Recording Secretary, luck with her new job with the City of Portland (other Council members extended similar sentiments). With regard to the skate park issue, Mr. Longoria pointed out that there are skate parks in Portland, First Baptist Church, City Skates, and Carribean. He said one of the keys to removing restrictions of CDBG monies is to make use of other area parks. He also asked staff to provide information about using modular materials in skate park design and develop cost estimates. He requested a memo on the CHDO funds through Housing and Community Development. Responding to Mr. Kinnison, City Secretary Chapa said that 30 days before the Council election on April 5t~, there is a moratorium requiring six votes on contracts, agreements and zoning cases. Mr. Kinnison said that if the Council is considering adding any charter amendments to the ballot, they need to start that process on January 28a. Minutes - Regular Council Meeting January 21, 2003 - Page 10 Mr. Colmenero requested information about Del Mar College's bond election and he referred to the first responder funding resolution. He said the city needs to enhance its discarded tire collection. Mr. Garcia pointed out that disposing of tires is a business. Mr. Longoria said that several years ago the Boys and Girls Club had a community project to collect discarded tires. Mr. Colmenero also commented on code enforcement issues in citizens' front and back yards and he said some of HUD's criteria should be revised. Mr. Noyola asked about the possibility of combining Precincts 71 and 95. City Secretary Chapa replied that those precincts are fairly large. He said that during the last election, Ss. Cyril and Methodius Church (where Precinct 95 votes on election day) was not available but it is available for the April 5th election. Mr. Noyola said he supports the concept of a skate park. Mr. Noyola also requested a copy of Mr. Garcia's memo to city employees (except certified police officers and firefighters) regarding participation in City Council election campaigns. Mr. Garcia said the fundamental rationale behind the policy is that city employees work with whoever the elected Council is; as part of the civil service system, they are not directly involved in supporting specific candidates. He added that they can vote and put signs in their yards. Mr. Reining read from Sec. 39-17 of the City Code of Ordinances, which specifies certain prohibited and permitted activities in election campaigns. Mr. Noyola said he feels this policy violates city employees' freedom of speech because they are also taxpayers. Mr. Reining said it is also a City Charter provision, which he read. Mr. Garcia said that firefighters and police officers are specifically excluded by state law. Mr. Noyola said he hopes the Council will change this policy. Mr. Garrett requested information about the city's guidelines on vehicle maintenance that is performed by outside garages. Mayor Neal called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:35 p.m. on January 21, 2003. 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-3 for paper goods, for an estimated six month expenditure of $31,673.43, based on the recommended award submitted by the Coastal Bend Council of Governments. The term of the contracts shall be for six months with an option to extend for one additional six months period, 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 FY 02-03. Gulf Coast Paper Co. San Antonio, TX $5,084.91 PFG Victoria, TX $26,588.52 Grand Total - $31,673.43 BACKGROUND: Purpose: These paper goods will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action Corporation of South Texas, Duval County, Bee Community Action Agency, Kleberg County Human Services, Nueces County Community Services (Robstown), Refugio County Elderly Services and San Patricio Community Action Agency. The recommended award is based on the evaluation and recommendation of participating members of the Coastal Bend Council of Governments. The department concurs with this recommendation. Funding: Senior Community Services ENP MOW 530070-1050-810503 Mic ,[bBT~rrera, C~/ M Procurement & General Services Manager 530070-1050-810803 $ 27,681.11 4,884.90 Total: $32,566.01 COASTAL BEND COUNCIL OF GOVERNMENTS COMMODITY: PAPER GOODS BID INVITATION NO. CBCOG-03-3 PFG C, ulf Coast Victoria, TX Corpus Christi, TX Item Description Qty Unfl Price I [ Ext Price Price I [ Ext Price 1 Aprons- Regular Poly Aprons 28x46 1 cs $10.10 (1} $10.10 $50.75 $50.75 2 Bags- Plastic Sandwich- Flip Top 60 cs 14.30 858.00 22.92 1,375.20 4 Fihn Dispenser Rol]s 18x2000 12 ct 11.75 141.00 11.46 137.52 5 PVC Film Sheets 12x12 4 ct 9.14 36.56 8.88 35.52 7 Heavy Duty Gauge 18x1000 30 roll 39.79 1,193.70 36.42 1,092.60 8 Extra Heavy Duty Gauge 18x500 1 roll 20.69 20.69 19.24 19.24 9 FoilTmy- 3 Comp. Divd RCL 750 or equal 670 cs 29.64 19,858.80 29.95 20,066.50 12 Food Container 4 oz Plastic 42 cs NoBid 26.64 1,118.88 13 Food Container LID 4 oz Plastic 42 cs NoBid 28.10 1,180.20 15 Food Container 8 oz Styro 3 cs 20.74 62.22 20.22 60.66 16 Food Container LID 8 oz Styro 6 cs 9.43 56.58 9.92 (2} 59.52 17 Food Container 12 oz Styro 6 cs 12.32 73.9: 12.21 73.26 18 Food Container LID 12 oz Styro 3 cs 6.91 20.73 11.95 (2) 35.85 21 Latex Gloves- Meal/Large 3 cs 25.30 75.90 23.33 (1) 69.9~c 24 Interfolded Quilted Foil Pop-up sheets 12x10 3/4 3 cs 64.20 192.60 50.47 151.411 28 Wip~g Cloth~DynaMAX 3 cs 30.30 90.90 No Bid 29 Paper Napkin Dispensor 17x17 lply 4 fold 78 cs 23.79 1,855.62 41.38 3,227.64 31 Plastic Disposable Eating Utensils, Fork 60 cs 12.65 759.00 5.05 303.0(3 32 Plastic Disposable Eating Utensils, Knife 30 cs 12.65 379.50 5.05 151.50 33 Plastic Disposable Eating Utensils, Spoon 60 cs 6.75 405.00 5.05 303.00 34 Plastic Disposable Eating Uteasils, Spork 60 cs 19.72 1,183.20 5.20 312.00 37 Styro foam Troy-6 comp. divd 210 cs 18.33 3,849.30 18.54 3,893.40 AWARD TOTALS: $26,588.52 $5,084.91 GRAND TOTAL $31,673.43 (1) Does not meet specification requirements. (2) Container and lid must be awarded as a pair. uua roru ia.mu.z i�31 WI ize as'e AWm MT - a Ax.n.aa Z2 CBLCOa3J mP� C..&,J 6.lpl-.Mn TI. PqN Pp Ia1 LWu PebC GmaYpJrt 0. 3RO �Jrt T1.1(1�1 · ~ A Program of the Coastal Bend Council of Governments //area Agency Funded by the Texas Department on Aging To: From: Date: Subj: Coop Purchasing Bid Committee: Edward Hen:era, Nueces County Senior Community Services Edith Collins, Refugio Cotmty Elderly Services Lefieia Ochoa, City of Corpus Christi Karen Hadden, Bee Community Action Agency Debbie Thompson, Aransas Council on Aging Margie Del Bosque, Kleberg County Human Services Nilda Nieto, San Patrieio Comm. Action Agency Adriana Benavidez, Duval County Elderly Program Elisa Paez, C.A.C.O.S.T. Gilbert Guaj ardo December 10, 2002 AWARD LETTERS Enclosed is a copy of the vendor mailing addresses and contact person as well as a sample award letter to be sent to each vendor. As in the past, each provider is responsible for sending an award letter to each appropriate vendor with a copy of the bid tab sheets. Please mail out your award letters as soon as possible to place your orders and be sure that copies of the bid tab sheets (also enclosed) are clear and the shaded parts are visible for each vendor. Include all necessary information and forward a courtesy copy of all award letters to me. These bids were awarded on Dec. 2, 2002. The Meat, Frozen Foods, Staples, Milk & Dairy, and Paper Products bids will begin Jan. 6, 2003- Jun. 27, 2003· enclosures: (3) cc: Jean Fields Betty Lamb reading file LOCATION: 2910 LEOPARD STREET MAILING ADDRESS: R O. BOX 9909 PHONE (361) 883-5743 FAX: (361) 883-5749 CORPUS CHRISTI, TEXAS 78469-9909 5 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $90,854.78, based on the recommended award submitted by the Coastal Bend Council of Government. 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 FY02-03. Ben E. Keith San Antonio, TX 40 Items $15,212.27 LaBatt Food Service Corpus Christi, TX 71 Items $28,905.87 PFG Victoria, TX 43 Items $30,513.82 Sysco Food Service San Antonio, TX 37 Items $16,222.82 Grand Total - $90,854.78 BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action Corporation of South Texas, Duval County, Bee Community Action Agency, Kleberg County Human Services, Nueces County Senior Community Services, Refugio County Elderly Services, and San Patricio Community Action Agency. The recommended awards are based on the evaluation and recommendation of participating members of the Coastal Bend Council of Governments. The department concurs with this recommendation. Funding: Senior Community Services Michael~B ~{era, C.I~.I Procurement & General ENP 520070-1050-810802 MOW 520070-1050-810502 ? Total: ,~rvlces Manager $77,500 $13,700 $91,200 COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS Senior Community Services Bid Tabulation: CBCOG-03-1 Ben E. Keith San Antonio, Texas Canned Fruit, Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Dressing, Juices, Oil & Shortening, Relishes, Spices, Stamhes and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Poultry, Frozen Vegetables, and Dairy Products LaBatt Food Service Corpus Christi, Texas Canned Fruit, Canned Vegetables, Dried Vegetables, Canned Meat, Condiments, Dressing, Soups and Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Beef, Fish, Pork, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products PFG Victoria, Texas Canned Fruit, Dried Fruit, Canned Vegetables, Canned Meat, Condiments, Dressing, Juices, Oil and Shortening Relishes,Soup & Bases, Spices, Starches & Pasta, Miscellaneous Products, Beef, Fish, Poultry, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert Breads and Dairy Products Sysco Food Service San Antonio, Texas Canned Fruit, Canned Vegetables, Dried Vegetables1 Condiments, Juices, Relishes1 Soup and Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Poultry, Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Products $15,212.27 $28,905.87 $30,513.82 $16,222.82 Grand Total: $90,854.78 6 AGENDA MEMORANDUM DATE: January 21, 2003 SUBJECT: Wastewater Microwave Communication System (Project No. 7100) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Rabalais Electric Constructors in the amount of $272,938 for the Wastewater Microwave Communication System. ISSUE: Change Order No. 2 includes additional project scope as follows: · Adds a new electrical panel at the Service Center · Adds new remote terminal units (RTUs) at storm water stations located on Power Street and Kinney Street · Replaces the control system at the Wooldridge Lift Station · Adds new remote terminal units (RTUs) at the Oso Wastewater Treatment Plant · Adds new RTUs at lift stations located on Holly Road, Carolyn Heights, Yellow Rose, and Cabaniss Field The additional project scope is added to the project to efficiently optimize operations and maintenance of wastewater and storm water facilities. All contracts over $25,000 require City Council approval. FUNDING: Funds for this project are available from the FY 2002-2003 Wastewater and Storm Water Capital Improvements Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Was1 ;water Services Di~,.~tor of Storm Water Services ',~ge~ R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit "C" Location Map H:\USERS2~H OME~VEL MAR~GE~I~WASTEWA~7100\CHAN G E ORDER NO, 2\AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: Wastewater Microwave Communication System (Project No. 7100) PRIOR COUNCIL ACTION: 1. February 9, 1999 - Motion authorizing the City Manager, or his designee, to execute contract for engineering services for Stage 1 services with Bath Engineering, Inc. for a total fee not to exceed $124,816 for the Wastewater Microwave Communication System (Motion No. M99-041). 2. December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services for Stage 2 services with Bath Engineering, Inc. in the amount of $370,942 for Stage 2 engineering services for the Wastewater Microwave Communication System (Motion No. M99-421). 3. November 20, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais Electric Constructors in the amount of $1,184,690 for the Wastewater Microwave Communication System. May 21, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the contract for professional services with Bath Engineering, Inc. in the amount of $39,650 for the Wastewater Microwave Communication System (Motion No. M2002-140). December 17, 2002 - Ordinance approving FY 2002-2003 Capital Improvement Budget (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 22, 2001 - Executed Amendment No. 2 with Bath Engineering, Inc. for the Wastewater Microwave Communication System in the amount of $6,300, for a total restated fee of $502,058. 2. December 6, 2001 - Executed Amendment No. 3 with Bath Engineering, Inc. for the Wastewater Microwave Communication System in the amount of $10,450, for a total restated fee of $512,508. 3. May 22, 2002 - Executed Amendment No. 4 with Bath Engineering, Inc. for the Wastewater Microwave Communication System in the amount of $7,820, for a total restated fee of $520,328. 4. September 16, 2002 - Executed Change Order No. 1 with Rabalais Electric Constructors for the Wastewater Microwave Communication System in the amount of $23,073, for a total restated contract price of $1,207,763. 5. October 18, 2002 - Executed Amendment No. 6 with Bath Engineering, inc. for the Wastewater Microwave Communication System in the amount of $23,600, for a total restated fee of $583,578. H:\USERS2~HOME~VELMAR~G E N~WASTEWAT~710~'~HAN GE ORDER NO, 2'~AGEN DA BACKGROUND EXHIBIT "A" Page 1 of 4 PROJECT BACKGROUND: The Wastewater Department currently utilizes a 456 megahertz communication system to monitor six (6) treatment plants and eighty-seven (87) lift stations. The system has deteriorated over time and with constant exposure to the outdoor elements. The system's reliability must be improved to allow the most efficient operation and maintenance of wastewater facilities. The system will serve as the new Supervisory Control and Data Acquisition (SCADA) System for the Wastewater Department. The microwave communication system will be capable of controlling and monitoring status conditions of pumps, motors, levels, and security conditions at the various sites. On February 9, 1999, Bath Engineering, Inc. was awarded the engineering services contract to complete Stage 1 services of preliminary design phase of the project. Stage 1 services included a thorough analysis of the existing communication equipment and system architecture and the development of a conceptual design approach to accommodate for future expansion of improvements. On December 14, 1999, Bath Engineering, Inc. was awarded Amendment No. 1 to the engineering services contract to complete Stage 2 design phase services of the project. Stage 2 design phase services was completed and the City's consultant considered the following parameters for project completion: The need to optimize system reliability; Ease of operation and maintenance; Requirement to control, monitor, and have alarm status capabilities for manned and unmanned facilities in a 24-hour operation; Requirement for distributed, networked intelligence architecture to safeguard against faults, interruptions, and system operation in the event of partial failures; Construction sequencing issues; Permitting and regulatory requirements; and Coordination with City departments. Rabalais Electric Constructors was awarded the construction contract on November 20, 2001 in the amount of $1,184,690. Change Order No. 1 in the amount of $23,073 was administratively executed on September 16, 2002 for the repair to two (2) towers, one located at the O. N. Stevens Water Treatment Plant and the other located at the City's Service Center. The change order was necessary to alleviate potential safety hazards to City employees and to reduce tower loading. CHANGE ORDER NO. 2: The change order addresses sites citywide. Change Order No. 2 adds the following items to the contract: · New Electrical Panel at Service Center - Scope is to add a new 120V electrical panel with six (6) circuit breakers, add new 50-amp circuit breaker to existing 120V panel, route conduit and wire to feed new panel, and feed 120V power to the new communications system radio repeater. EXHIBIT "A" Page 2 of 4 H:\US E RS2\HOME~VE LMAR~GEN~WASTEWA'i'~7100\C HANGE ORDER NO. 2~AGENDA BACKGROUND The new electrical panel is necessary to Wastewater Department. Currently, the Wastewater Department utilizes the same 120V panel utilized by the MIS Department. By Wastewater Department providing it's own electrical panel, any potential conflicts between the systems will be avoided. Total of this item is $2,008. Storm Water Station Remote Terminal Units (RTUs)- Scope is to add two (2) new RTUs complete with panel enclosure, programmable logic controller (PLC), data communications radio, radio antennas, power supplies, 120V back up UPS, and PLC logic and graphical interface programming. RTUs shall be installed at the Power Street and Kinney Street Storm Water Stations. Power Street Station shall have the ability to control Kinney Street pump and monitor wet well level. Both stations shall be monitored by the Wastewater Department. Two (2) new RTUs are necessary to the Storm Water Department. The Kinney Street Storm Water Station experiences pump control failures that results in flooding in the downtown area. Storm Water Department does not have a central monitoring site, the two sites, Power Street and Kinney Street Storm Water Stations will be merged with Wastewater Department's monitoring system. Total of this item is $36,152. Wooldridqe Lift Station Control System Replacement- Scope is to remove existing lift pump magnetic clutch and pump control system and install and program a City- furnished PLC-based pump control panel. Existing level control system to be removed and replaced with new level transmitter. New magnetic clutch controllers shall be installed for each pump. System shall communicate with new monitoring system. Replacement of the control system at the Wooldridge Lift Station has become necessary to the Wastewater Department. The existing level control system and magnetic clutch control system is outdated and spare parts for repair are difficult to acquire. Total of this item is $60,296. Oso Wastewater Treatment Plant Remote Terminal Units (RTUs) - Scope is to add six (6) new RTUs complete with panel enclosure, programmable logic controller (PLC), data communications radio, radio antennas, power supplies, 120V back up UPS, and PLC logic and graphical interface programming. Contractor shall also re- configure and re-wire two (2) RTU panels that were included in the original contract at the Oso VVastewater Treatment Plant. H:\USE RS2\HOME~VELMAR~GEI~WASTEWA%7100\CHANGE ORDER NO, 2~AGENDA BACKGROUND EXHIBIT "A" Page 3 of 4 RTUs at the Oso Wastewater Treatment Plant need to be compatible with the new microwave communication system. The graveyard shift at the Oso Wastewater Treatment Plant was deleted. The existing RTUs monitor plant operations after- hours. These RTUs are compatible only with City's existing system, which is currently being removed under this construction contract. Therefore, the RTUs must be replaced with new RTUs compatible with the new microwave communication system. Total of this item is $104,882. Lift Stations 1039, 1040, 1043, 1045 Remote Terminal Units (RTUs) - Scope is to add four (4) lift stations at 1039 Holly Road, 1040 Carolyn Heights, 1043 Yellow Rose, and 1045 Cabaniss Field. Lift Stations shall have RTUs complete with panel enclosure, programmable logic controller (PLC), data communications radio, radio antennas, power supplies, 120V back up UPS, and logic and graphical interface programming. These four (4) lift stations were not included in the original design pending de- commission and thus removed from the design scope of work. The lift stations will not be de-commissioned for several years and must be added to the microwave communication system for monitoring status of the lift stations. Total of this item is $69,600. Each site is unique and requires documentation of site-specific equipment locations, wiring terminations, above- and below- grade obstructions. In addition to documenting existing conditions, the rehabilitative nature of the project requires the consultant to develop a sequencing schedule so the existing system remains operational during construction activities. The project design requires specialized engineering expertise to address the large volume of extremely detailed work involved. CONTRACT TIME: Change Order No. 2 adds 276 calendar days to the contract time. Project completion is anticipated by the end of October 2003. FUNDING: Funds for this project are available from the FY 2002-2003 Wastewater and Storm Water Capital Improvements Budget. H:\USERS2~HO M E~VELMAR\GEN~WASTEWA~7100\C HAN GE ORDER NO~ 2~GENDA BACKGROUND EXHIBIT "A" 1 Page 4 of 4 WASTEWATER MICROWAVE COMMUNICATION SYSTEM Project No. 7100 PROJECT BUDGET January 21, 2003 Wastewater CIP ............................................................................................. $ 2,243,197.10 Storm Water CIP ............................................................................................. 36,152.00 Total ............................................................................................................ $ 2,279,349.10 Construction (Rabalais Electric Constructors): Original Contract .................................................................. Change Order No. 1 ............................................................ Change Order No. 2 ............................................................ Construction Total .............................................................................................................. Contingencies (10%) ....................................................................................... Consultant (Bath Engineering) ........................................................................... Testing ......................................................................................................... Engineering Reimbursements ........................................................................... Administrative Reimbursements ........................................................................ Incidental Expenses (Printing, Advertising, etc.) ................................................... $1,184,690.00 23,073.00 272,938.00 $1,480,701.00 148,070.10 583,578.00 12,000.00 35,000.00 15,000.00 5,000.00 Total .................................................................................................................................... $ 2,279,349.10 I EXHIBIT "B"I H:'~USEP~2~HOME~VELMAR'tGENtW^STEWA~7100'~CH^NGE ORDER NO. 2~PROJECT BUDGET Page 1 of 1 ~ Mprojec~ ~ councilexhibits ~ exh 7100.dwg Sen P~*plclo Coun*y NUECES BAY N POWER ST. PUMP STATION ST. PUMP STATION YELLOW ROSE UFTSTATION Nueces County SERVICE HOLLY RD, STATION CABINESS FIELD UFT STATION CAROLYN HEIGHTS UFT STATION WOOLDRIDGE uF'r STATION CORPUS CHRISTI BAY OSO WASTEWA'IER LAGUNA MADRE GULF OF MEXICO PROJECT AREA t, tAP NOT TO ECALE PRO,.IECT No. 7100 EXH.~BZ T "C' Wastewatec tlicrowave Communication System CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZBZT DE~R~ENT OF ENGINEERING SER~C~ PAGE: I of 1 DATE: 1/22/2003 7 AGENDA MEMORANDUM January 28, 2003 SUBJECT: Emergency Recovery Operations - Pre-Positioned Contract Development (Project No. 90043) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute a contract with Shiner, Moseley and Associates, Inc. in the amount of $80,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations. ISSUE: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. FUNDING: Funding is available from the FY2002-2003 Operating Budget. RECOMMENDATION: Approval of the ordinance andj motion as Plresented. ~R.'Escobar, P.E. / ~ - E~rdo Gara~a,~.E). Director of Engineering Services Director of Water Services Foster Crowell Director of Wastewater Services ctor of Solid Waste SerVices ~ ~k/t~d¢~ Leal, P.E. ,Y¢~Acting Director - Street Department ADDITIONAL INFORMATION Exhibit A. Exhibit B. Background Information Contract Summary ^ H:\HOME\KEVINS\GEN~HURRICAN\03NewMgmt\ AwdMemo.doc ADDITIONAL INFORMATION BACKGROUND: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it was found to be to the City's advantage to identify, contract and pre-position the contract services that will be required to undertake recovery efforts. This resulted in several pre-positioned contracts being in place since the 1998 hurricane seasons. Various pre-positioned recovery and damage assessment contracts were activated in 1999 as a result of Hurricane Bret. While the City suffered only limited damage, the recovery actions were well coordinated. The pre-positioned contracts functioned as intended and there was satisfaction with the contractors' responsiveness and the speed of recovery. PRIOR COUNCIL ACTIONS: June 24, 1997 - Motion authorizing staff to waive the 75% local participation rule in soliciting professional services required for pre-planning post-hurricane recovery operations (M97-176). August 18, 1997 - Authorization for City Manager or his representative to sign a contract with Shiner, Moseley and Associates, Inc. in the amount of $96,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations (M97-223). January 27, 1998 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $71,000 for Pre-Planning for Post-Hurricane/Disaster Recovery Operations (M98-016). February 91 1999 - Motion authorizing the City Manager to execute Amendment No. 3 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 1999 (M99-039). February 15, 2000 - Motion authorizing the City Manager to execute Amendment No. 4 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 2000 (M2000-052). March 131 2001 - Motion authorizing the City Manager to execute Amendment No. 5 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 2001 (M2001-102). l EXHIBITA J Page 1 of 2 PRIOR ADMINISTRATIVE ACTIONS: January 15, 1998 - Approval to ratify additional services in the amount of $10,000 to complete Phase I Services for Pro-Planning for Post Hurricane/Disaster Recovery Operations with Shiner, Moseley and AssoCiates, Inc. May 22, 2002 - Award of Amendment No. 6 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pro-Planning for Post Hurricane/Disaster Recovery Operations for 2002. CONSULTANT: Shiner, Moseley and Associates, Inc. successfully completed the Pre- Planning for the original contract (1997) and the management/training contracts for the 1998 through 2002 Hurricane Seasons. CONTRACT: The new contract provided for a revisions in the current pre-positioned contract documents to reflect experiences of other jurisdictions and changes in FEMA regulations. This will result in the development of new contract, bid, plans and specifications documents for the 2003 Hurricane season. Shiner Moseley will also coordinate with NAS Corpus Christi, the Corpus Christi International Airport, FAA, FEMA Texas Commission on Environmental Quality and other agencies to determine if any modifications to the Debris Reduction and Storage Site Agreements are necessary. The contract also provided for a future phase to implement first year preparedness services including the pre-positioned contracts and annual contract management services associated with hurricane/disaster preparedness. Annual management services will be addressed through amendments for each hurricane season. The annual management contract has typically cost about $20,000 per year. A complete list of services is provided in the Contract Summary. See Exhibit B. ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. FUNDING: Funding is available from the FY2002-2003 Annual Operating Budget. Funding is being allocated to the Street, Solid Waste, Wastewater, and Water Departments' based upon an estimate of the benefit that will accrue to the Departments. Activation (Hurricane Approach Preparations) and Recovery Operations would be authorized as an amendment only in the event of a hurricane or other disaster with the fee being provided at that time. IMPLEMENTATION SCHEDULE: The implementation schedule provides for all pre- positioned contracts, all training sessions/exercises, and other tasks for the 2003 Hurricane Season to be complete by July 1,2003. RECOMMENDATION: Approval of the ordinance and motion as presented. L EXHIBIT A J Page 2 of 2 EXHIBIT B CONTRACT SUMMARY ARTICLE I - SERVICES TO BE PERFORMED The services will include the development of pre-positioned contracts for recovery operations following emergencies that require responses in the form of damage assessments, disaster recovery operations and management, debris collection and reduction, hazardous waste categorization, collection and disposal, coordination with other units of government and applicable state and federal agencies. The services are intended to enable the City to respond more quickly and more efficiently to a major disaster, while making sure that it maintains eligibility for the maximum FEMA reimbursement. Basic Services Contract Development - Prepare pre-positioned contacts for post-hurricane, tornado, flooding, and similar natural disaster recovery operations consisting of revisions of contracts, preparation of bid packages, and assistance with the bid process and contract awards Additional Services 1. Contract Management - 2003 Hurricane Season Implementation; 2. Contract Management - Future Hurricane Seasons Implementation; 3. Annual Contract Review - Review pre-positioned contracts, provide training and exercises, and coordinate with the City to ensure that all information is current. 4. Restoration Contract Management - Subject to specific activation by City, manage the execution of pre-positioned contracts. Fees: The City will pay the Consultant a total not to exceed fee of $80,000.00 for 2003 services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified. Summary of Fees: TasksI Description J Fee BASIC SERVICES A I Contract Development $65,000 BASIC SERVICES SUBTOTAL $65,000 ADDITIONAL SERVICES B1 Contract Management - 2003 Hurricane Season $15,000 B2 Annual Hurricane Season Implementation To Be Ne~lotiated/Authorized B3 Annual Contract Review To Be Negotiated/Authorized B4 Mana~lement of Contractor Services To Be Negotiated/Authorized ADDITIONAL SERVICES SUBTOTAL $15,000 TOTAL $807000 Exhibit B Page I of 4 Summary of Scope of Work for Period 2003-2007 A. First Year 2003 1. Orientation/policy meetings with key City personnel 2. Review and documentation of Reimbursement Guidelines and Regulatory Issues 3. Coordination with City Staff with respect to planning in these areas 4. Coordination with other parties as necessary to meet program requirements 5. Review and revise pre-positioned contracts to reflect current FEMA guidelines program changes and other developments 6. Assist City with contract bidding and award for response contracts 7. Prepare materials for training, activation, and QA 8. Conduct an initial DAT Training Session 9. Coordinate an initial Contractor's Exercise 10. Activation-Hu rricane Approach Preparations 11. Post Hurricane/Disaster Recovery Operations Remaininq Years (2004-2007), Review Contracts and Training 1. Annual Hurricane Season Implementation 2. Activation Hurricane Preparations (same as 2003) 3. Post-Hurricane/Disaster Recovery Operations (same as 2003) Detailed 1. a. b. C. Scope of Work for Period 2003 Orientation/policy meetinqs with key City personnel includinq: Project kickoff and planning meeting With key City Staff One program briefing for City Manager and Staff One program briefing for other City Officials, if desired Review and documentation of ReimbUrsement Guidelines and Requlatory Issues: a. FEMA Public Assistance Program guidelines to define scope of recovery operations, type of assistance available, and damage assessment procedures; b. FEMA criteria and procedures for reimbursement of recovery costs and pertinent Federal and State procedures; c. TNRCC rules, USACE design standards and air-curtain/trench burning technology for burning storm generated debris; d. Potential Federal and State funding sources for pre-hurricane preparation programs; e. Potential Federal funding sources/programs for protective measures, and emergency repairs before, during and after emergency; coordination and communication. Coordination with City Staff with respect to planninq in these areas: a. Coordination with City operations/forCes; b. Contractor mobilization procedures; ' c. Contract management center and relation to City command and control structure; d. City's communication and emergency operating procedures; and e. Coordination with City and private utility operations. 4. Coordination with other parties as necessary to meet program requirements. Exhibit B Page 2 of 4 Review and revise pre-positioned contracts to reflect current FEMA quidelines program chanqes and other developments: a. Debris management (clearing, remoVal, reduction, disposal) b. Include evaluation of feasibility of having a separate contract for operation of the Temporary Debris Storage and Reduction Sites (TDSRS) c. Review (and revise if necessary) City's agreement with U.S. Navy for use of Waldron and Cabaniss Fields for TDSRS. d. Hazardous Materials (HAZMAT) removal and disposal e. Subcontract with Dewberry and Davis LLC to assist with contract review. f. Experience with similar debris contract in Houston g. Recent response and recovery experience in Texas Exhibit B Page 3 of 4 8 AGENDA MEMORANDUM January 28, 2003 SUBJECT: Intersection Approach Improvement (# 6152) Bond Issue 2000 Acquisition of Parcel 2 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of Way Easement in the amount of $65,000 for Parcel 2, comprised of a Right of Way Easement and Temporary Construction Easement, both out of Block C, Wilkey Addition, located at the northwest corner of the intersection of Airline Road and South Padre Island Drive, from the owners Robert C. Shih and wife Yalee Shih, and recognizing the public necessity of acquiring these easements for construction of street and utility improvements in connection with the Intersections Approach Improvements Project (#6152), Bond Issue 2000, and for other municipal purposes. ISSUE: The Intersection Approach Project was approved by the voters in the November 7, 2000 referendum. This project involves installation of right turn lanes at three separate intersections. These intersection improvements are required to alleviate traffic backups during morning and afternoon rush hours. Pamel 2 requires acquisition of easements from a former Chevron gas station located at the northwest corner of Airline Road and South Padre Island Drive. City staff negotiated extensively with the owners for acquisition, however negotiations reached an impasse. Condemnation was sought and approved by City Council on January 14, 2002. The owners resumed negotiations with staff and a settlement amount was agreed upon by both parties. Council approval is required on expenditures exceeding $25,000. FUNDING: Bond Issue 2000. RECOMMENDATION: Approval of the motion as presented. ,&,ngel R. Escobar, P.E. ' Director of Engineering Services Attachments: Exhibit A. Background Information ~' Exhibit B. Location Map Exhibit C. information Summary H:\HOME\EUSEBIOG\GEN~Agenda items\Intersection Approach. Shih~Agenda Memorandum.easement. doc BACKGROUND INFORMATION SUBJECT: Intersection Approach Improvements 200'Is,(# 6152) Bond Issue 2000 Acquisition of Parcel 2 PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). January 14, 2003 - Resolution authorizing condemnation proceedings by the City to condemn Pamel 2, comprised of a Right of Way Easement and a Temporary Construction Easement both out of Block C, Wilkey Addition, located at the Northernmost corner of Airline Road and South Padre Island Drive, from the owners Robert C. Shih and wife, Yalee Shih, to contruct street and utility improvements as part of the Intersection Approach Improvements Project, Bond Issue 2000, and for other municipal purposes. (Resolution No. 025156) PRIOR ADMINISTRATIVE ACTION: October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 -(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08- (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Approval of various construction contracts and amendments to complete the project as required. BACKGROUNDINFORMATION: Bond Issue 2000: On November 7, 2000, the City of Corpus Christi held an election (Bond Issue 2000) to consider a number of ballot propositions to fund major capital improvements for the community. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street improvement projects. The proposed projects target the City's most immediate needs to Exhibit A improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Project Description: The proposed project consists of widening street approaches to congested intersections through the addition of exclusive right-turn channels to relieve traffic congestion and improve traffic flow. Locations for such improvements include the following sites: Airline Road - new right turn lane on southbound Airline Road at South Padre Island Drive Expressway onto westbound frontage road; South Staples Street - new right turn lane on southbound Staples Street at Everhart Road; Waldron Road - new right turn lane on northbound Waldron Road at Hustlin' Hornet Drive. Parcel Information: Pamel 2 is a strip of land located on the northwest corner of Airline Road and South Padre Island Drive as shown on the attached Exhibit B. The permanent right-of-way easement is described as 12 feet in width by 126.33 feet long and contains approximately 1,516 square feet. Alongside this right-of-way easement, a temporary construction easement is needed being 10 feet in width and 127 feet in length containing approximately 1,270 square feet. Both easements are taken out of Block C, Wilkey Addition. The pamel is needed for the construction of a right-hand turn lane on Airline Rd. unto S.Padre Island Drive and for other associated street improvements. Negotiation Information: City staff negotiated with the landowners based on the appraised value of the pamel and other concessions. The appraised value for the permanent and temporary easement amounted to $24,647 with no damages to the remainder. The initial offer was rejected and the owner stated they required $150,000 for loss of revenue due to the fact that they could not lease out the property due to the City's impending project. They also had claims of damages to the remainder due to the small size of their lot. The City's permanent taking accounts for approximately 7% of the total area. Further negotiations resulted in an administrative settlement being offered in the amount of $30,000, or 22% above the original offer. This was rejected and staff sought approval for condemnation. On January 14, 2003, City Council approved condemnation of the required right-of-way. Subsequently, the owners met with Land Acquisition staff to seek a resolution to the condemnation. Staff has reassessed several factors in the acquisition and have agreed upon a settlement with the owners in the amount of $65,000. Staff has recently obtained pertinent information regarding possible damages to the remainder due to loss of utility of the remaining property. Due to the addition of the new turn lane, driveways into the subject property will extend further into the property and at a steeper slope than that currently in place. This extension could affect future Exhibit A use of the property depending on what is planned for it. In addition, landscaping requirements for the property would change depending on its future use. Staff has taken into account the saving of time in the project by settlement, the possibility of higher cash awards to the owners in condemnation, and the possibility of damages to the remainder. As a result, staff recommends approval of the $65,000 administrative settlement with the landowners. This settlement would be in the best interest of all involved. Exhibit A ~fp~roject \ councilexllibirs ~ exhtfi l ~Z. dw~ PRO~ECT N LOCATION NOT TO SCALE SUNRISE MALL N SUBJECT PARCEL SEARS WENDY'S C. 'PARCEL 2: SHIH, etux EASEMENT 12' RIGHT-OF-WAY PARCEL 2: 10' TEMPORARY CONSTRUCTION EASEMENT VZCINITY NOT TO SCALE GULFWAY SHOPPING CENTER EXHIBIT B INTERSECTION APPROACH II~PROVEIdENTS PARCELS 2, 2- TEJIPORARY CONSTRUCTZON EASEJIENT City of Corpus Chrfsti, Texas C~TY COUNC~L EXH~BZT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 11-15-2002 INFORMATION SUMMARY Intersection Approach Improvements - Project 6152 PARCEL 2 Robert C. Shih and wife Yalee Shih Location: Northwest corner of Airline Road at South Padre Island Drive Zoning: B4 - General Business District Parcel Size: Being a 12' wide (1,516.81 s f.) right of way easement plus a 10' wide (1,263.2 s.f.) temporary construction easement Platted: Yes. Tax Value (NCAD): T.I.D. 9645-0000-0030 $243,886 total land value or $10.81 s.f. Appraiser: American Appraisers, Inc. Appraised Value: $24,647. or $15.00 s.f. with possible damages in loss of utility. Owner's Demand: The appraised value of $24,647 was offered to the owners. The Shih's countered and were requesting compensation of $150,000. During further negotiations, the Shih's said they would accept $97,000. Time factors became critical in order for the construction sequence to proceed on schedule. Consultation with a third party appraiser resulted in possible damages not accounted for in the original appraisal. Therefore an administrative offer of $65,000 was offered and accepted by the Shih's. H;q-IOM E~Rober tsa\GE N~genda Items~informat~n summary.doc Exhibit 9 AGENDA MEMORANDUM January 28, 2003 SUBJECT: Farming Lease Agreements AGENDAITEM: Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Mark Stockseth, John H. White, and Harry L. White, Jr. d.b.a. W & S Ag Enterprises for 1,320 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Paul T. Rackley, Jr. and Marion G. Rackley d.b.a. Rackley 8, Rackley, a Joint Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash .rental fee of $55.00/acre per crop year. Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Julius Zdansky, Jr. for 46 acres of farmland out of the proposed Southside Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental fee of $20.00/acre per crop year. Ordinance authorizing the City Manager or his designee to execute a one year farming lease with Julius Zdansky, Jr. for 20.598 acres located at the northeast corner of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $30.00/acre per crop year. Ordinance authorizing the City Manager or his designee to execute a one year farming lease with Larry Mokry for 23.099 acres of farmland located at the northwest corner of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $35.00/acre per crop year. ISSUE: The City owns vacant tracts of lands at various locations, some of which are used for farming operations in the interim. These lands have been acquired for various public purposes and are held in until such uses are needed. Until then, these lands are to be held in farming production, which produce revenue for the City. Several tenant farmers have requested that the CitY enter into a long-term lease, either one year or five-year. Staff has negotiated the terms as submitted above and recommends entering into these leases. Council approval is required for leases of one year or more. FUNDING: None, however see background for distribution of revenues. RECOMMENDATION: Approval of the five ordinances as presented. Angel R. Esc~obar, P.E. ! ' Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Maps Lease Form (typical for all 5 leases) H:\HOME\EUSEBIOG\GEN~Agenda Items\Farming Leases~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Farming Lease Agreements PRIOR COUNCIL ACTION: July 22, 1986 - Authorizing the execution of a lease agreement for farming with Raymond and Ronnie Klostermann for a 23.019 acre tract of land which was acquired in connection with the Navy Clear Zones. (Ord. No. 19387) October 8, 1991 - Authorizing the execution of a one year farming lease agreement with Edward Nemec for a 20.598 acre tract of land located at the northeast corner of Chapman Ranch Road and Saratoga and approving a rental fee of either a designated dollar portion of the crop harvested or a guaranteed $20/acre per crop year, whichever is higher. (Ord. No. 021259) December 17, 1991 - Authorizing the City Manager or his designee to execute a one year lease agreement with Larry J. Mokry for a 23.019 acre tract of land out of the Navy Clear Zone and approving a rental fee of either a designated dollar portion of the crop harvested or a guaranteed $20.00/acre per crop year, whichever is higher. (Ord. No. 021303) October 6, 1992 -Authorizing the execution of a one year farming lease agreement with Julius Zdansky, Jr. for a 20.598 acre tract of land located at the northeast corner of Chapman Ranch Road and Saratoga and approving a rental fee of either a designated dollar portion of the crop harvested or a guaranteed $20/acre per crop year, whichever is higher. (Ord. No. 021494) January 5, 1993 - Authorizing the City Manager or his designee to execute a one- year lease with Larry J. Mokry for a 23.019 acre tract of land out of the Navy Clear Zone and approving a rental fee of either a designated dollar portion of the crop harvested or a guaranteed $20.00/acre per crop year, whichever is higher. (Ord. No. 021543) FUTURE COUNCIL ACTION: Renewal of leases with terms of one year or more. BACKGROUND: Items A & B: The City acquired 2,293 acres of land in October 2000 for the future Cefe F. Valenzuela landfill. A net acreage of 2,260 acres is currently available for farming and is divided among two tenant farming operations; 1,320 acres to W&S Ag Enterprises and 940 acres to Rackley & Rackley, a Joint Venture. This land has been farmed in this ratio since it was owned by Mr. John Chapman. The tenant farmers have agreed to keep this same ratio while farming with the City lease. An appraisal was obtained in 2001 which shewed a current cash value of $55.00/acre as fair cash rent. The tenants have agreed to pay this amount and have requested a five-year lease. At the end of the five year term, another appraisal will be obtained to determine the cash value rent at that time. Exhibit A Item C: This land was acquired by the City in 1990 for the future site of the Southside Sewer Treatment Plant. This land was leased out for farming by previous owners prior to the City's acquisition. Mr. Julius Zdansky, Jr. who is farming another City property, has agreed to farm this tract and will pay the City $20.00/acre per year. This is considered a fair rental despite the fact that this land is not optimal for farming and because of the restriction of aerial spraying due to its proximity to the Cayo del Oso. Item D: This property was acquired by the City in March 1986 for the Navy Clear Zones- Cabaniss Field Land Acquisition project. Farming is one of the few uses approved for clear zone land. The City is holding this land until the Navy can purchase it from the City as agreed upon. The Navy's program to purchase the clear zones has been suspended due to lack of funding. This land has been held in cultivation since its acquisition. Mr. Julius Zdansky has been farming this tract since 1992 and has requested to continue to do so. A negotiated price of $30.00/acre has been agreed upon. The previous cash rent was based on $20.00/acre or a third of the crop, whichever was higher. The rent is discounted because of an existing restriction against aerial spraying in this area, which eliminates the planting of cotton. Item E: This property was acquired by the City in March 1985 in connection with the Navy Clear Zones - Cabaniss Field Land Acquisition project. The City is holding this land until the Navy can purchase it from the City as agreed upon. The Navy's program to purchase the clear zones has been suspended due to lack of funding. This land has been held in cultivation since its acquisition. Mr. Larry Mokry has been farming this land since 1991 and has requested to continue to do so. A negotiated price of $35.00/acre has been agreed upon. The previous cash rent was based on $20.00/acre or a third of the crop, whichever was higher. The rent is discounted because of an existing restriction against aerial spraying in this area, which eliminates the planting of cotton. \\CLSTRI_USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Items\Farming Leases\Background Info.doc Exhibit A · \Mproject\landacq\ 112100. dwg ~ TO DRISCOLL F.M. 665 ~ F. bl. 43 SUBJECT PARCEL co RD 20 940 ACRES OUT OF 2,273.59 ACRE FM 244'I- SANTA CRUZ FARM I~ 3466 - RACKLEY & RACKLEY ~,~ JOINT VENTURE CO RD 18 CO RD 16 c:. CO RD 14- SUBJECT t PARCEL 1520 ACRES OUT OF 2,27,~.59 ACRE TRACT., SANTA CRUZ FARM ~t 3468 - WS & AG ENTERPRISES 60 RD 12 EXHIBIT B CEFE F. VALENZUELA MUNICZPAL LANDFZLL 2,273.59 ACRE TRACT OUT OF VARZOUS SECTIONS OF THE SANTA CRUZ RANCH CI~ OF CORPUS CHRISU, TEXAS CITY COUNCZL EXHT_BT.T DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 09/17/2002 STARRY RD, I' SUBJECT I L PARCEL 46 ACRES OUT OF SECT. 54 AND $5 FBEF & CT ROSCHER RD, '1 1 EXItIBIT B CITY FARM LEASE LOCATED AT SOUTHSIDE CITY COUNCIL EXHIBIT SEWER TREATMENT PLANT SITE, FARM # DEPARTMENT OF ENGINEERING SERVICES ~ 2560 CONSISTING OF 46 ACRE TRACT OUT PAGE: I ot= 1 OF SECT. 34 AND 35, FBEF & GT CITY OF CORPUS CHRISTI, TEXAS DATE: 09/17/2002 ~ SUBJECT PARCEL 25.099 ACRE TRACT OUT OF BOHEM~N COLONY LANDS FARM ~ 154 - MOKRY iCRESTMONT N SUBJECT PARCEL 20.598 ACRE TRACT OUT OF LOT 5 SECTION 8, BOHEMIAN COLONY LANDS FARM // 114 - ZDANSKY VICINITY MAP EXHIBIT B NOT TO SCALE FARM LEASES WITH PROXIMITY ~0 CABANISS FIELD: FSN #134 & FSN # 114 CITY OF CORPUS CHRISTI, TEXAS C.TTY COUNCIL EXHr. BZT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 09-20-2002 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Propel6' and Land Acquisition Division FARMING LEASE AGREEMENT The State of Texas § County of Nueces § KNOW ALL BY THESE PRESENTS: This Agreement, made and entered into this __ day of ,2003 by and between the City of Corpus Christi, a Texas home-rule municipal corporation, hereinafter called "City," and of Nueces County, Texas, hereinafter called "Lessee" in consideration of the mutual covenants herein. WITNESSETH: The City does by these presents Lease unto the Lessee the following acres described as described by metes and bounds on "Exhibit A" and shown by map reference on attached "Exhibit B", both attached and incorporated as the "Premises", for an initial term of years commencing upon execution of this Lease by the City Manager or his designee, subject to the following consideration, covenants and conditions, to-wit: 1. LEASE TERM. A. This Lease begins on subject to prior termination. , and ends on is the Anniversary Date of the Lease. B. This lease term is renewable upon 120 day written notice from Lessee to the City of Lessee's intent to renew for an additional 5-year term. Lessee has the option to renew this lease for a maximum of six 5-year renewals, whereupon this lease shall terminate and shall no longer be a viable, renewable instrument. Lease payments for renewal periods shall be adjusted as described in Section 2a, herein. LEASE RENTAL FEE. Upon Lessee's execution of this Lease and City Cotmcil approval, Lessee must pay the City a yearly rent of $ ($__ per acre x acres), at the beginning of the lease term, for each of the next five years totaling. ., which is the fair market cash rent for years 1-5. The City will provide the yearly rent calculations, for the next five year term, 90 days prior to the expiration of the term. The new cash rent EXHIBIT C adjacent to the City's property and Premises. Upon being approved by the City Council on the first reading on an even date herewith, Lessee must then pay the first year amount for the subsequent 5-year term by the Anniversary Date. City's first recalculation is due B. Said rent will be delivered or mailed to: City of Corpus Christi P. O. Box 9277 CITY HALL - 1201 Leopard Street Department of Finance A/R - Collections Section / Accounts Receivable Manager Corpus Christi, Texas 78469-9277 C. No rental paid by Lessee will be refunded if this Lease is terminated prior to its full term. D. In the event Lessee holds over beyond the term herein provided with the consent, express or implied of City, the holding over will be from year to year, subject to the conditions of this Lease. Said holding over is not a renewal hereof, and for each holdover period Lessee will pay rent equal to the highest rent paid before the holdover. In no event may the Lessee hold over beyond the second anniversary date after the initial expiration of this lease. 3. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee will pay for all damages to any City or franchisee lines or equipment located on Premises which may be incurred by Lessee's fanning or agricultural operations or to replace all of these lines or equipment injured or destroyed as a result of Lessee's agricultural operations. If damage occurs to any gas, storm, wastewater or water line, or equipment located on Premises, hereinafter called "City Improvements", a City's Representative will determine the extent of damage and amount of repairs to the City Improvements, and as determined by the City's Representative, a City Gas, Storm, Wastewater, or Water Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs will be paid by Lessee. An additional fee will be calculated for a City Inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement or relocation of said utilities or equipment pursuant hereto. A half-day (4 hours) or more of the work constitutes a whole working day for purpose of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour. A franchisee whose Franchisee Improvements are damaged will follow the same process as set out for damage to a City Improvements. 4. DEFAULT AND TERMINATION. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease. City will give Lessee written notice, in accordance with Section 18 herein, of the default. The City may enfome the performance thereof in any manner provided by law; and may declare the Lease forfeited at its discretion and it, its agents, or attorney will have the right, without further notice to re-enter and remove all persons therefrom, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant. In the event that any rent is due and unpaid under said Lease, the City, its attorneys or agents, may resume possession of the Premises and relet the same for the remainder of this Lease at the best rent they may obtain, for the account of the Lessee, who will pay any deficiency; and the City will have a lien as security for, upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property, hereinafter called "Lessee's Improvements" which are located on the Premises or which may be placed on the Premises by the Lessee, which lien will be cumulative of the statutory lien created by law and in addition thereto. In the event Lessee has paid the full cash rent at the start of the lease year, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the lease. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have, and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 5. EASEMENTS. The City reserves and accepts from this lease those easements reasonably necessary for the purpose of assigning exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals to the extent such easements are implied under the Texas common law to allow access to severed estates. 6. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the 3 exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. The unenforceability, invalidity, or illegality of any single provision of this Lease does not render the other provisions unenfomeable, invalid, or illegal. 7. ENTRY BY CITY. City, by its officers, agents or employees, will have the right at all times of ingress, egress and regress to the Premises for the purpose of conducting any business incident to other activities of the said City and for purposes of inspection, repair, fire or police action, and enfomement of the terms of this Lease. 8. FEES, TAXES, & UTILITIES. Lessee must pay for all ad valorem taxes, if any, in addition to licenses, utility fees, or any other fees required to operate and maintain its various facilities during the term of this Lease, based on Lessee's use of the Premises. 9. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien on security which includes Lessee's interests in Lessee's Improvements and the leasehold estate in the Premises. The fee simple estate of City in the surface estate burdened by Lessee's leasehold estate must not be subject to such lien~, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee, created under that certain Lease effective February 1, 2002, by and between the City and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." "In the event of any foreclosure by any lender of a lien or liens on the Lessee's Improvements and the leasehold estate in the Premises, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent." 10. HUNTING. This lease does not carry with it any rights to hunt on the leased premises, Lessee will not hunt or allow any other party to hunt on the property without express written consent of the City. 11. INDEMNITY. The Lessee will fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents ["the Indemnitees"] against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the performance of this Lease, including said injury, loss or damage caused in part by the negligence of Indenmitees hut not including that caused by the sole negligence of indemnitees. Lessee will, at Lessee's own expense, investigate 4 all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon with attorneys acceptable to indemnitees and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. Lessee covenants and agrees that in case the City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee must defend the City upon receipt of reasonable notice regarding commencement of such litigation. 12. INSURANCE. Coverage. Lessee must obtain and keep in force during this Lease a legally binding insurance policy for claims arising out of the construction, existence, use, operation, maintenance, alteration, repair, or removal of Lessee's Improvements in the mounts and types of insurance set out on the attached and incorporated "Exhibit C." Such policies of insurance must be issued by a company or companies of sound and adequate financial responsibility authorized to do business in the State of Texas and having a minimum A+ rating within their particular industry for the type of Insurance being provided. Certificates of Insurance. Lessee will cause current certificates of such insurance to be filed with the City's Property Manager, Property & Land Acquisition Division, Engineering Services Department. Named Insured. The City must be named as an additional insured in the Comprehensive General Public Liability Insurance policy. The naming of the City as an additional insured in such Comprehensive General Public Liability policy does not make the City a partner or joint venturer with Lessee in its businesses or in connection with its construction of the Improvements. The policy of insurance must be performable in Nueces County, Texas, and must be construed in accordance with the laws of the State of Texas. Furthermore, the policy of insurance must not be subject to cancellation by insurers except after delivery of written notice by registered mail to the City at least 15 days prior to the effective date of such cancellation, and Lessee must, prior to the effective date of the cancellation, provide the City with a replacement certificate of insurance. Failure of Lessee. Failure on the part of Lessee to procure or maintain required insurance constitutes a material breach of the contract upon which the City may immediately terminate this Lease if Lessee does not furnish proof of required insurance to the City upon 1 $ days notice in accordance with Section 18, or, thereafter at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City must be repaid by Lessee to the City within 15 days of written demand therefor. Insurance Negotiation. The amount of insurance coverage here specified as required may be subject to renegotiation each year. Should either party request renegotiation with respect to the amount of insurance coverage to be provided, the determination thereof will be established through mutual negotiation between the parties. Said negotiation must commence three months prior to the termination of the current insurance per/od. In the event a new amount has not been established by mutual agreement within three months from commencement of negotiation, said controversy will be submitted to arbitration under the Commercial Rule of Arbitration of the American Arbitration Association, except for the following: a. the locale for the arbitration will be within the City of Corpus Christi; b. the sole issue for determination pursuant to this section by the arbitrator is the amount of insurance coverage required for the period under review; and c. the expenses subject to the arbitration process will be borne equally by the parties. The Property Manager is hereby authorized to negotiate on behalf of the City. 13. INTERPRETATION. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 14. MISCELLANEOUS PROVISIONS. Limitation of Leasehold. The City having fee simple rights to this land, does not warrant its title to the Premises and does not guarantee Lessee's quiet possession of them. This Lease and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Lessee acknowledges that Lessor does not own mineral and gas rights to the Premises and Lessee is subject to any exploratory and production rights of the mineral owners of record and which could produce damages as addressed in Section 16. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Premises that exceed those owned by City. 6 Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, will be binding on the said parties, and their respective successors and assigns. Other City Ordinances. This Lease and the ordinance under which it is executed do not operate to repeal, rescind, modify, or amend any ordinances or resolutions of the City of Corpus Christi relating to the use or obstruction of streets, the granting of permits and any regulations relating to the preservation of order and movement of traffic, or any other ordinances, resolutions, or regulations not specifically set forth in the ordinance of which this Lease is a part. Compliance with laws. Lessee must comply with all applicable Federal, State, and local laws, rules, and regulations that apply to Lessee's use and occupancy of the Premises and the Improvements. 15. MODIFICATIONS. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person author/zed to sign agreements on behalf of each party. 16. NEGOTIATE SETTLEMENTS. It is understood and agreed also that the City will have sole authority to negotiate settlement for all claims for damage by reason of activity in connection with the operation, development, and exploration for oil, gas, and other minerals. The Lessee will promptly notify the City of all damages to the leased premises or crops growing thereon. 17. NON-DISCRIMINATION. Lessee, is responsible for the fair and just treatment of his respective employees. Lessee warrants that he is, and will continue to be, an equal opportunity employer and hereby covenants that no employee or customer may be discriminated against because of race, creed, color, disability or national origin. Violation of this provision by Lessee is cause for immediate termination by the City. 18. NOTICES ANDADDRESSES. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: If to City: City of Corpus Christi P. O. Box 9277 CITY HALL - 1201 Leopard Street Department of Engineering Services Attn: Property Manager Corpus Christi, Texas 78469-9277 Phone: (361) 880-3500 Fax: (361) 880-3501 If to Lessee: Nallle Address City Telephone Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the U. S. Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one business day after transmission to the telegraph company or overnight express carrier. All action by the City in connection with the performance of this Lease, including notices to the City, will be by and to the Property Manager. Notices sent to City will be addressed to the attention of its Property Manager unless some other provisions of this Lease requires a particular notice to be sent to a different specified City officer, in which case the notice will be addressed to the attention of that officer. 19. RECORD KEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises and this book will be open to inspection by the Property Manager upon demand during the City's normal business hours. 20. REMOVAL OF IMPROVEMENTS. Within 45 days after termination or expiration of the Lease, Lessee must remove Lessee's Improvements at his own expense, regardless of City's failure to demand removal or to give any notice, other than a notice of termination that is required by other provisions of this Lease. If Lessee fails to remove the Improvements in accordance with this section, then City may remove the Improvements and Lessee must pay all City's removal expenses within 30 days of the City's written demand therefor 21. RIGHTS OF THE CITY. The City reserves the right to sell, use, or lease for a use different from the present use, all or any part of the Premises at anytime during the term of this Lease. Should the Premises be sold, used or leased before expiration hereof and the purchaser or lessee is not willing to take subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within thirty (30) days after receipt of notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or Lease, then the City will pay Lessee, for the Premises or portion thereof to vacated, the following amounts, to-wit: A proportionate share of rental paid, determined by dividing (1) the number of days of the term remaining after vacation by Lessee by (2) the total number of days in the term, and multiplying the resulting percentage by the annual rental amount paid by Lessee. 22. SUBLET. Lessee will not sublet the Premises or any portion thereof without the prior written consent of the City. 23. USE AND MAINTENANCE. The Premises are to be used for agricultural purposes only. Said Premises are not to be used for any purpose except those herein specified without the prior written consent of the City. Lessee will take good care of the Premises and its appurtenances and suffer no waste. Will keep the Premises in good repair at Lessee's own expense. Lessee will not use the Premises for any illegal or immoral purposes and will conform to all applicable federal, state, and local laws, rules and regulations and to all rules set out by the City for the operation of the Premises. At expiration of this Lease, Lessee will deliver up the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. The Lessee will not permit malt, vinous, or alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. Without limiting the foregoing, Lessee specifically agrees: A. Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Director of Solid Waste Services will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the landfill and it's employees and the public. Under normal circumstances, the Notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than ten (10) business days prior to use, and should be addressed to: City of Corpus Christi P. O. Box 9277 Street/Solid Waste Building - 2525 Hygeia Street Department of Solid Waste Services Director of Solid Waste Services Corpus Christi, Texas 78469-9277 Phone: (361) 857-1970 Fax: (361) 857-1971 9 In the event of crop destruction due to midge insects, and under an emergency situation only, Lessee will be allowed to give a 24 hour notice of crop spraying to the Director of Solid Waste Services or his designee by calling (361) 85%1972 or (361) 857-1970. B. Growth Control. Lessee will prevent the growth of and keep the leased premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the leased premises) free from Johnson Grass, Bermuda Grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the leased premises free from all sprouts and stumps. C. City Ordinances. The Lessee will fulfill all the ordinances of the City of Corpus Christi applicable to the Premises, and all orders and requirements imposed by the Health, Sanitation, Solid Waste Services, and Police Departments of the City, for the correction, prevention, and abatement of nuisances connected with the Premises during this Lease at Lessee's own expense. By Lessee's execution, thereof, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by City Council and executed by the City Manager of the City of Corpus Christi, Texas or his designee. Executed this day of ,2002 LESSOR CITY OF CORPUS CHRISTI, TEXAS David R. Garcia, City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, on ,2002 by David R. Garcia, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said Municipal Corporation. [Seal] Notary Public in and for the State of Texas 10 ATTEST: Armando Chapa, City Secretary LEGAL FORM APPROVED JAMES R. BRAY, JR., CITY ATTORNEY By: Joseph Hamey, Assistant City Attorney LESSEE ,2002 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me, on by 2002 [Seal] Notary Public in and for the State of Texas 11 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR FARMING LEASE WITH MARK STOCKSETH, JOHN H. WHITE, AND HARRY L. WHITE, JR. DBA- W&S AG ENTERPRISES FOR 1,320 ACRES OF FARMLAND OUT OF THE CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATED WEST OF FM 2444 AND COUNTY ROAD 57 AND APPROVING A CASH RENTAL FEE OF $55.00/ACRE PER CROP YEAR; AND PROVIDING FOR PUBLICATION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is authorized to execute a five year farming lease with Mark Stockseth, John H. White, and Harry L. White, Jr. dba- W&S Ag Enterprises for 1,320 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM 2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. SECTION 2. That Lessee complies with the terms and conditions of the lease contract, a copy of which is on file with the City Secretary's office. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of _, 2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor day of 'Jt~"~-'r ,2003; By: Joseph~ey, Assist~ ~ity Attorney AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR FARMING LEASE WITH PAUL T. RACKLEY, JR. AND MARION G. RACKLEY DBA- RACKLEY AND RACKLEY, A JOINT VENTURE FOR 940 ACRES OF FARMLAND OUT OF THE CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATED WEST OF FM 2444 AND COUNTY ROAD 57 AND APPROVING A CASH RENTAL FEE OF $55.00/ACRE PER CROP YEAR; AND PROVIDING FOR PUBLICATION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is authorized to execute a five year farming lease with Paul T. Rackley, Jr. and Marion G. Rackley dba- Rackley and Rackley, a Joint Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM 2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. SECTION 2. That Lessee complies with the terms and conditions of the lease contract, a copy of which is on file with the City Secretary's office. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of _, 2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: __ day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the __ James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor day of ,~ ...... 2003; By: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE YEAR FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR 46 ACRES OF FARMLAND OUT OF THE PROPOSED SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF YORKTOWN BOULEVARD AND APPROVING A CASH RENTAL FEE OF $20.00/ACRE PER CROP YEAR; AND PROVIDING FOR PUBLICATION NOW THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is authorized to execute a five year farming lease with Julius Zdansky, Jr. for 46 acres of farmland out of the proposed Southside Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental fee of $20.00/acre per crop year. SECTION 2. That Lessee complies with the terms and conditions of the lease contract, a copy of which is on file with the City Secretary's office. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the 'z z~ James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor __day of -.J~.--.~ ,2003; By: Joseph Hatgney, ' Assistant (i~ty Attorney AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE YEAR FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR 20.598 ACRES OF FARMLAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING A CASH RENTAL FEE OF $30.00/ACRE PER CROP YEAR; AND PROVIDING FOR PUBLICATION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is authorized to execute a one year farming lease with Julius Zdansky, Jr. for 20.598 acres of farmland located at the northeast comer of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $30.00/acre per crop year. SECTION 2. That Lessee complies with the terms and conditions of the lease contract, a copy of which is on file with the City Secretary's office. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor day of ~/,~w~ ,2003; By: Joseph H~trney, Assistant~2ity Attorney AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE YEAR FARMING LEASE WITH LARRY MOKRY FOR 23.099 ACRES OF FARMLAND LOCATED AT THE NORTHWEST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING A CASH RENTAL FEE OF $35.00/ACRE PER CROP YEAR; AND PROVIDING FOR PUBLICATION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is authorized to execute a one year farming lease with Larry Mokry for 23.099 acres of farmland located at the northwest comer of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $35.00/acre per crop year. SECTION 2. That Lessee complies with the terms and conditions of the lease contract, a copy of which is on file with the City Secretary's office. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: __ day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the __ James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor z z_ day of .,J~.~..._~ ,2003; By: //~ [/k,~_~ Joseph H[trney, P~s~istant~Jity Attorney 10 CITY COUNCIL AGENDA MEMORANDUM Date: January 28, 2003 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $105,231 to the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concern in the community. The program will address this problem and enhance the enforcement of underage drinking laws. BACKGROUND INFORMATION: The TABC is offering funding for projects to prevent minors fi.om purchasing and consuming alcohol. The purpose of the program is to strictly enforce state law regarding underage purchase and consumption of alcohol, discourage the sale of alcohol to minors, and to raise public awareness of alcohol's harmful effects on minors. The grant funds overtime officers who work in conjunction with TABC with the goal to increase the State's ability to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. The funds would be used to further our efforts in the following areas: · Target establishments suspected of a pattern of violations of state laws · Inform both establishments and minors of the consequences of illegal sales and purchases; · Prosecute those who illegally sell and purchase alcoholic beverages. · Promote a strong and consistent message concerning the consequences of underage drinking. This is first time funding available fi.om TABC; previous funding for underage drinking projects has been provided through discretionary funds available under the Juvenile Accountability Incentive Block Grant (JAIBG). FUNDING: Funding covers overtime for three officers, four hours a day, 3 days a week, 26 weeks of the year. Other items include office supplies, training travel, vehicle lease and confidential fimds. Funded applicants must provide a 25% project "match" either by cash contribution or the value equivalent of in-kind contributions. The State will provide $78,23 lfor the salaries and fringe benefits and the Law Enforcement Trust Fund $27,000 for all other items. REQUIRED COUNCIL ACTION: Approval to submit the grant. RECOMMENDATION: Staff recommends submission of the grant. Categor7 CJD Grantee In-Kind Total Salaries $ 78,231 $ $ $ 78,231 Consumables . $ $ 500 $ $ 500 Postage $ $ $ $ Yravel $ $ $ $ Rent-Equipment Lease/Other $ - .... $ 21,6~0 $ $ 21,600 rrni ni ng/CollfCronces ___. $ $ 4,000 $ $ 4,000 Purchase of Evidence $ $ 900 $ $ 900 Professional Feca/Contmctual $ $ $ $ Other $ $ $ $ Yotal Direct Charges $ __.78,231 $ 27,000 $ $ 105,231 [ndiroct Costs - not _allowed under grant $ $ $ $ tOTAL $ 78,~23_~ $ 27,000 :$ $ 105,231 25% p~ject match either by cash contribution or in-kind contributions. $ 26,307.72 CAD Grantee ln-Kind Total Salaries Personnel: enforcement hours = 1,872 -~ 65,520 $ $ $ 65,520 based on 3 officers, 4 hours a day, 3 days a week 52 weeks a year @ average extra duty pay rate of $35 per hour Fringe Benefits on $ 65,520 Texas Utmicipal Retiroment System 11.75% $ 7~6_99 - FICA 7.65%' $ 5,012 Total Fringe Benefits $ 12,711 Consumables Office supplies/project supplies: $ $ 500 $ $500 Rent - Equipment Lense/Other A. Vehicle lease (2 x $750 x 12) $0 $ 18,000 $ $18,000 B. GasolineJmalntenfinec (2 x 150 x 12) $ $ 3,600 $ $3,600 Total $0 $21,600 $0 $21,600 Training/Conferences -- -- Training conferonces within Texas related to juvenile prevention issues in the area of 2 investigators to attend the annual EUDL conference in Atlanta, Georgia. Costs will be expended according to City of .... Corpus Christi travel policy. Total _$- $ 4'000 $ $4,000 Purchase of Evidence Confidential funds $ $ 900 $ $ 900 Grant Application Coversheet 1. Legal name ofc~gani~.~ion applying: 8. TitleofPrff3oet: City of Coqa~ Christi - Police Depamnent Enforcing Underage Drinking Laws 2. Division~mfitwithintheapplic~mtoegaaizafi~a~toadminis~th~ 9. Fundingappli~dfc~z projec~ Enforcing the Underage DrlttMag lams Sl:~cial ,~nvic~s OivisionNk:~ ,~:fi o n CFDA # 16.727 3. Official applicant mailing address: 10. Crcant Period: P. Ahtaraz, Jr., Chief of Police ~ 1, 2003-Man:~ $1, 200~ (12 raaco) Corpus Christi Police Department P.O. Box 9016 Corpus Christi, Texas 7841~9-9016 11. Focus Are~ Genial Enforcement & Prosecution Projects 4. Person TABC should contact to answex specitic questi~ats about the applicaliooz Ntmae: Pat P. EIdrid~e Title: Senior Manaqement Assistant Address: P.O.Box 9016 Cit~/S~atetZii~ Corpus Christi, Texas 78469-9016 Telephon~ Numlx~ 361~86-26.q6 Fa~c 361-8862607 E~ail: pat~cctaxas.com 5. Total Funding Rcqucste& TABC Request Cnaatee Match Total C(~t $ 78,231 $ 27,000 $ 105,231 12. Is this a ctantiauati~ gnmt? [~ Yes ['-] No If so, how many years has it beea previously fiwAex~ _3 13. Is tltis -y~ur first year of state or federal funding? ~1 Yes [5~ No lJmt all previous state or federal grants, fimding sotwce, project titles, grant numt~rs, and years of fimding (Attach addificmal sheets behind this covetsheet if necessary.)OJJDP~ of the Governor Cdmin~ Justice Division "Enforcingl Underaqe Dfinkinq Laws" 3years 14. County where headquazla's a~e I~sed: Nueces Populat~a of thc cam~ where lw'-..~. ~mc~ a-c t~cd: 365.000 Cities and co~mfies m ~e services a-ea of th~ p~oj e~t and the populafior ot'ca~: CRy of Corpus Christi - 275,000 6. Agency's SlatePayee/PmployexIdentificatic~Number 15. ffthisisalocalgregianalproject, hstregionalCOGsubmittedto: 7460005741 Coastal Bend COG 16. COG Applicant IdcnQfic~ 7. Is the applicant delinquent on any s~ate or federal deN? [-I Yes [51] No IT fffl,~e project is stalewide, on what date was the copy o£tlm application sul~tted far TRACS Review'? 02/04/03 18. Tothebestofmyknowledge, allinf(mnat/camthisapplicaficaistmeandc(mect The applicaficm has beea duly authodzed by the gO~q~g body of the applicant and the applicant ~ees to comply with atl TABC roles, i~luding the attached ~ ffa~ David R. Gar(ia, City Manager Typed Name and TiQe of lhe Aull~fiTed Official Signatme of the Aullmdzed Offidml Dat~ Signed Desi~rnation of Grant Officials Pmje¢t Title: Enforcing Underage Ddnldng Laws Legal name o~Gnmtee: City of Corpus Chdsti, Police Department P. AIvarez, Jr. Chief of Police Project Director Nam~ (Fypc or Print) 'Tide PO BOX 9016 321 John Saflain Coq3us Christi, Texas 78469-9016 Agency M~ilin§ Address policechiefpalvarez~!lyahoo.com (361) 886-2604 (361) 886-2607 E-Mail Add.ss Tdephone Nnmher (Extension) Fax Number Lee Ann Dumbauld Director of Finance Financial Ot~cer Name (Type or Prin0 Title City of Coq3us Christi, P. O. Box 9277, Coq3us Chdsti, Texas 78469 Agency Mailing Addre~ leed{~cctexas.com 361-880-3610 361-882-7320 E-Mail Address Telepho~ Number (Extension) Fax Numbm- David R. Gamia City Manager Authorizod Official Narae (Typ~ or Print) Title Cibff of Coq~us Ghrisli, P. O. Box 9277, Corpus Christi, Texas 784651 A~ency Mailing Addr~s davidg~cctexas.com 3614580-3208 361-4~0-3839 E-Mail Address Telephone Numbetr (Extension) Fax Number The po~ioa de~gnated by the authorized official to request gram adjusnnents is the (select one): Federal Assurances Comprehensive Certification This certification is a material representation of fact upon which reliance was placed with the agency de~ to a~ the grant. If it is latex det~nnined that the grantee knowingly ~ade~l an ~-mnceus cerdllcalion~ tbe agenoy, in addilion to any other remedies available to the federal goverflme~ may tak~ available action. ffthis application is for federal funds m excess of $10o,00o, I ceaify to the best of my knowledge and beliof: 1. No federal appropriated fimds hove been Prod or will be paid to any person for influencing or atlemptmg to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agrcemem; 2. ff any non-federal funds have been paid or will be paid Io any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress m conn~ion with this federal contract, granL loan, or coopomtive agreement the undersigned shall conlact TABC or your local council of govetmnents for the "Disclosure Form to Repofl Labbying, ' and 3. The undersigned shall reqalm that the language of this certification be included in the award documents for all sub- awards at all tiers and that all sub-recipients shall cerlffy accordingly. ffthis application is for federal tirade. I cealify that to the ~ of my knowledge and belief: 1. The applicant ces6ties that it will provide a drag-flee workplace by: A. Publishing a statement nedfying employees that the unlawful mamlfactln~, distr~ution, disl~nsrag, pos~:~,sion, or use of a corttmlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prelfibition. B. Eslablishing a drag-free awareness program to inform employees about: 1. the dangers of drag abuse in the workplace; 2. the applicant's policy of maintaining a dmg-liee ~md~place; 3. any available drug enunsding, rehabilitation, and employee assistance programs; and 4. the penalties thor may be imposed upon employees for drug abuse violalions. C. Making it a m!~drement tahat eac, h employee to be engaged in tbe performance of tbe grant be given a copy of thc statement required by paragraph (A). D. Nolifying the employee m the statement required by paragraph that, as a cenditien of employment under the grant, the employee will: 1. abide by the ~erms of tbe stalement, and 2. notify the employer of any criminal drag samfle conviction for a violation ocoming m the workplace not E. NotifYing tbe ageacy within ten days after recodng notice umler sab~amgraph (DX2) from an canploy~ or otherwise nx~iving actual notice of such conviction. F. Taking one of the following actions with respec~ to any employce who is so convicted: 1. taking ap0mpria~e porsonnel aclion against such an employce, up to and focluding lerminafion; or 2. requffing such employee to pa~icipate ~i~tofily m a dm~ abuse assis~mce or re, habilitation pro~ approved for such purpos~ by a federal, state, or local health, law ~forcemenk or other appropriate agency Making a good faith effort to continue 1o ~n~im~in a drug-fi:e workpla~ tluough the implementation of par~whs (A), 0~), (C), (0), (E), a~d (F) David R. Garda, City Manager Pdnted Name and Title of Authox~l O~cial Signan~re of Authorized O~cial Date Part I-IV (Additional Federal Certifications) PART I: AUDIT CERTIFICATION -ANNUAL REPORTING REQUIREMENT Audits of state and local units of government, institutions of higher education, and other non-profit institutions must comply with the organizational audit requirements of OMB circular A- 133, which states that recipients who expend $300,000 or more of federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report within 9 months after the close of each fiscal year during the term of the award to the Federal Audit Cleannghouse. 1 certi_~ one of the following (check one only): [] The applicant agency currently expends federal funding of $300,000 or more and, therefore, is required to submit an an mlal single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133~ [] The applicant agency currently expends combined federal funding of less than $300,000 and therefore is exempt from the Single Audit Act and cannot charge audit costs to this grant. I andemtand, however, that TABC may require a limiled scope audit as defined in OMB Circular A-133. PART H: EQUAL EMPLOYMENT OPPORTUNITY PLAN Type I E~tt~t~ EducationaFmedicaFnon-ptOit institution/Native American Tribe -certification requinat (iui~ below); EEOP NOT rmuired. [] I certify lhis o ~rganiza~ion is a Type I Entity. This entity will comply with the prelu'bitions aEainn discrimination in any program or activity (28 CFR § 42.203), is not required to maintain an Equal Employrmmt Opportunity Plan (EEOP), but will comply with equal ~loyment opportunity pregram guidelines of the Department of Health and Human Services (28 CFR 42.302). [] I am unable tO ccntify the above statement and have atmcl~ an explanation to this application. OR Type 1I Entity All other r~pients r~ing less than $25,000 -ccfdtication required fmuial below); EEOP NOT required. [] I cetlify this o~anizafion is a Type li Entity. This entity will comply with the prolnbitioas against diserimmation in any program or activity (28 CFR §: 42.203 ), but is not required Io malnlain an EEOP (28 CFR42.301 et seq.). OR · y~ m Entity All other recipients receiving more than $25,000, but not mare than $500,000 -certification required (initial below); organizations must maintain EEOP on file f~r possible audit if the orgauization has mare than 50 employees. [] I certify this o ~rg~ni?alion is a Type IR Entity that employs less titan 50 people. This entity will comply with the prohfoilions ~inst discrimination in any program or activity (28 CFR § 42.203), but is not required to maintain an EEOP (2g CFR 42.301 et seq.); [] i certify this org?ni~mion is a Type IR Entity that employs 50 or mor~ people. This entity will comply with the prohibitions og~in~t discrimination in any program or activity (28 CFR § 42.203), and has fomadated an equal employment oppoRanity program (28 CFR 42.301 etseq.), that is on file in the o~fic~ of (insert organization name here). OR Type IV Entity For-profit ~mlities and s~e and local gov~rnmems receiving $500,000 or mom -c~ificalion roquired (initial below); th~ o~nni~a~ian must submit an EEOP to Office for Civil Rights (OCR) for approval. [] I certify this organization is a Type IV Entity. This eatity will comply with the proh~oitions discrimination in any program or activity (28 CFR § 42.203), and has forrmaaiod an equal ~mployment opportunity program (28 CFR 42.301 etseq.), [hatwillbesubnfittedtotheOfficeforCivilRights, Office of Jusfio~ Programs, Dqmrlment of Justice, for approval upon award of a granL PART llI: DEBARMENT CERTIFICATION -ANNUAL REPORTING REQUIREMENT lf thls al~,~,n is fm' federal ft~s in ~x~ss of $15,000,1 eert~ that (Oreck one only): [] By submission of this proposal, that neither the applicant agency nor its principals am presently debarr~ suspended, pmpos~ for ddaarment declared ineligible, or ~oluntarily exclu&xi from participation in this Wansaclioa by any federal departmant or agra.. [] I am unable to cexfily the above statement and have attached an explanation to this application. PART IV: SIGNATURE Applicants m.s$ complete this form and submit it to TABC l~bre th~ will moeive slate and/or federal funds. Recipients of f~ieral funds must fully und~stand and comply with thc ~eqinmm~nts listed on this ~t- Failure to EUDL (Enforcing Underage Ddnking Laws) Applicant's Ol~ni?afiOn Project Title David R. Garcia, City Manager Printed Name and Title of kuthor~cd Official Signature of the Authorized Official Date State Assurances (Sta~e Uniform Administrative Requiremen~ for Grants and Cooperatire Agreements, Subpart B, Pre-Award Requi~me~ts, Set .14.) In addition to federal requirements, state law requires a number of assurances from applicants for federal pass- through or other stato-approprialed funds. These assurances are as follows: ( 1 ) A grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any pemon related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not proltibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) A grantee must insme that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during nomml lassiness hours in complianee with Texas GmeJnmem Code, Chapter 552, Vernon's 1994, unless otherwise eXlaeasly prohibited by law. (3) A grantee must comply with Texas Govemmem Cede, Chapter 551, Vernon's 1994, which reqrares all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) A grantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in ~ on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas ConmUseion on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant avntrd or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local sub recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are m~. (See Section .36 for additional guidance on contract provisions.) (8) A grantee mast comply with the Texas Family Code, Section 261.101 which reqmms reporting of all suspected cases of child olmse to local law enforeement authorities and to tbe Texas Depattmeat of Child Pmlective and Regdmo~ Services. Grantees ~hall also ensure that all program persoanel are properly trained and aware of this requirement. (9) Grantees will comply with all federal statutes ~elafing to nondiscrlmination_ These inchide but are not limitedto: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits disc~uinafion on the basis of race, color or national origin; (b) Title IX of the Education Amemlments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discriminalien on the [lasis of sex; (c) Seclion 504 of the ReJaatfililalion A~t of 1973, as alneluled (29 U.S.C. 3 794), which prohibits discrimination on the basis of handicaps and tile Ameticans With Disabilities Act of 1990; (d) the Age Discrimin~'on Act of 1974, as ~ (42 U.S.C. 33 6101-6107), which prohibits discrimination on the basis of age; (e) the Drag Abuse Office and Treatment Act of 1972 (P.L. 92-255), as ~ relating to nondiscrimination on the basis of drag abuse; (/) the Comprchensive Alcohol Abuse and Alcoholism hvvemio~ Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amemled, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)33 523 and 527 oftbe Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as ~ relating to confidentiality of alcohol and drug abuse patient records; Ca) Title VIB ct the Civil Rights Act ct 1968 (42 U.S.C. § 3601 et seq.), as amended, relatlng to nondisetiminalion m the sale, rental or financing of honsing (i) any othor noncli~limination provisions in tho sp~ific slatu~(s) under which application for federal assistance is being made; and O) the reqmrermmts of any other nondiscrimination statote(s) which may apply to the applicalion. (10) Grantees will comply, as applicable, with the provisions ctthe Davis-Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland ACt (40 U.S.C. § § 276e and 18 U.S.C. § § 874), and the Conlraet Work Houxs and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted conslru~ion sub agreements. ( 11 ) Gtantens will comply with requirements of the provisions ct the Uniform R~locafion Amistsnce and Real Pmpesty Acquisitions Act ct 1970 (P. L. 91-646) which provide for fair and equitable tnmlmont ct persons displaced or whose (12) Grantees will comply with the provisions ctthe Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of empfoyens whose principal employment activilies are fonded m whole or m part with fedexal funds. ( 13 ) Grantees will comply with the minimum vrage and maxim.m houm provisions of 11~ Federal Fair Labor Standards (14) Grantees will insure that the faedilies ueder its ownership, lense or supervimbn which shall be utilized m the accomplinhmexlt ctthe project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any commanicafion from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). (15) Gramees will comply with the floed insurance pumlmse requflements of 102(a) ct the Floed Disaster Protection Act ct 1973, Public Law 93-234. Section 102 (a) n~quires the pumhnse ct floed insurance in communities where such insurance is available as a condition for the receipt ct any federal tlnaneial a~xi~ance for construction or acquisition pmpnsed for use m any ar~a that has been idantified by the Sccae~a~y ct the Depamnem of Ho~ing and Uflmn Development as an a~a having special flood ha~arcl~ (16) C:a-amees will comply with environmental smndanls which may be prescn'bod pummm to tho following: (a) instilution of envLrOnmenml quality control measan'es under the National Environmenlal Policy Act of 1969 (P.L, 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pm~tant to EO 11738; (c) protection of wetlands Iml~uant to EO 11990; (d) evaluation offlnod haTards in floo~lain~ in aecordan~ with EO 11988; (e) assurance ct 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity ct federal actions to Slate (Clear Air) Implementation Plans undcx Section 176(¢) ctthe Clear Air Act ct 1955, as amended (42 U.S.C. § 7401 et seq.); (g) prolection ct~mdnlgSutmd sonrc~ ctdrlnking watex under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and Ca) protection ctendangered species under the Endangered Species Act of 1973, as amende~ (P.L. 93-205). (17) Grant, s will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) Gramees will a~ tho awaMing agea~-'y in assuring mmplianco with Section 106 ctthe National ltismfic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic propeffies), and the Amhaenlogical and ~c Preservation Act ct 1974 (16 U.S.C. 469a-1 et seq.). (19) Grantees will comply with the Laboratory P, nirml Welfare Act ct 1966 (p.L 89_544, as ameaded, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and lrealment ct warm bloeded ainmals held for mzaw, h, teachin~ or other (20) ~ will comply with tho Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabili~hion ct resideatial slmctums. (21 ) Grantees will comply with Public Law 103-277, also known as the Pm-Children Act of 1994 (Act), which prohibits smoking within any portion of any indcor facih'ty nsed for the provision of services for chilch-en as defined by the Act (22) Cnantees will comply with ail federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) Grantees will comply with all applicable requirements of ail offer federal and state laws, executive orders, regulations and policies governing this program (24) The applicant must cerlify that they are not debaned or suspennX~l or othe~vise exchided from or inelig~Ne for participation in fermi assismnco programs. (25) Grantees mnst ad~t and implement applicable provision~ of the model HIV/A1DS work place gtddelin~ of the Texns Depamnent of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. State Single Points of Contact/Local Council of Governments Executive Order 12372 requires applicants from slate and local units of government or other organi?ations prodding services within a slate to submit a copy of the application package to the State Single Point of Contact (SPOC). Local units of government applying for a state grant should submit a copy of the application package to their local Council of Government (COG) for review. Signature: Applicams mnst complete this form and submit it to TABC before they will rece/ve federal fuads. Recipients of federal funds must fully undemland and comply with the requnmnents listed on this docmnent Failure to comply may result in the withholding of funds, termination of the award, or other sanctions. EUDL (Enforcing Underage Drinking Laws) Applicant's OrganiTafion Project Title David R. Gareia, City Manager Printed Name and Title of Amhofizcd Official Signature of the Authorized Official Date RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $105,231 TO THE STATE OF TEXAS, TEXAS ALCHOLIC BEVERAGE COMMISSION FOR FUNDING OF OVERTIME TO ENFORCE THE UNDERAGE DRINKING LAWS AND TO PREVENT YOUTH ACCESS TO AND ILLEGAL USE OF ALCOHOL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby authorizes the submission of a grant application in the amount of $105,23 ! to the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. SECTION 2. The City of Corpus Christi will provide matching grant funds of $27,000. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Texas Alcoholic Beverage Commission in full. ATTEST: Armando Chapa City Secretary Legal form approved _..t"2Wn~-. ~ ] ,2003; James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor The City of Corpus Christi By: Z ~- ~'~~ Lisa Aguilar (~) Assistant City Attorney 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: January 28, 2003 Resolution encouraging the Texas Congressional Delegation to suplxxt funding for President Bush's $3.5 billion on First Responder Ini~afive during the 108"~ Session of Congress. ISSUE: The Texas Municipal League has encouraged each Texas City to adopt a resolution and send it to both U. S. Senators from Texas and the appropriate members of Congress. REQUIRED COUNCIL ACTION: Approval of Resolution as presented. Cities Are Urged To Ask For First Responder Funding Page I of 2 Legislative Legislative Services ~ I Click Here CITIES ARE 'URGED TO ASK FOR FIRST RESPONDER FUNDING Each Texas city is encouraged to adopt a resolution similar to the following sample and send it to both U.S. Senators from Texas and the appropriate member(s) of Congress. A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO SUPPORT FUNDING FOR PRESIDENT BUSH'S $3.5 BILLION FIRST RESPONDER INITIATIVE DURING THE 108TH SESSION OF CONGRESS WHEREAS, the 107th Congress passed legislation creating the Department of Homeland Security; and WHEREAS, the legislation creating the new department did not provide funding for President Bush's $3.5 billion First Responder Initiative; and WHEREAS, the First Responder Initiative was intended to provide funding to help cities pay for planning, training, equipment, and other resources to meet the challenges of preparing for and responding to terrorist attacks; and WHEREAS, Texas cities have been required to spend millions of dollars to implement heightened security measures since September 11, 2001; and WHEREAS, many Texas cities are experiencing severe budget http ://www.tml.org/leg_updates/legis_.update 11703 a_responder.htm 1/23/2003 Cities Are Urged To Ask For First Responder Funding Page 2 of 2 shortfalls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF that the city strongly encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 billion First Responder Initiative to provide funds to help cities pay for some of the resources needed to meet the cities' new responsibilities for homeland security. Click here to download an MS Word file of this Sample Resolution. TML member cities may use the material herein for any purpose. No other person or entiO~ may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Back to Legislative Update Index TEXAS I.EGISLATtIRE ONLINE ©2003 Texas Municipal League Austin, Texas (512)231-7400 http://www.tml.org/leg_updates/legis_update 11703a_responder.htm 1/23/2003 RESOLUTION ENCOURAGING THE TEXAS CONGRESSIONAL DELEGATION TO SUPPORT FUNDING FOR PRESIDENT BUSH'S $3.5 BILLION FIRST RESPONDER INITIATIVE DURING THE 108TH SESSION OF CONGRESS WHEREAS, the 107th Congress passed legislation creating the Department of Homeland Security; and WHEREAS, the legislation creating the new department did not provide funding for President Bush's $3.5 billion First Responder Initiative; and WHEREAS, the First Responder Initiative was intended to provide funding to help cities pay for planning, training, equipment, and other resources to meet the challenges of preparing for and responding to terrorist attacks; and WHEREAS, Texas cities have been required to spend millions of dollars to implement heightened security measures since September 11, 2001; and WHEREAS, many Texas cities are experiencing severe budget sho[tfalls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi strongly encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 billion First Responder Initiative to provide funds to help cities pay for some of the resoumes needed to meet the cities' new responsibilities for homeland security. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 23rd day of January, 2003. James R. Bray Jr. City Attor~.~, R. J~y ,~ining ./ Fi~t/~sistsnt dity Attorney Samuel L. Neal, Jr. Mayor R30502A1 .doc 12 ORDINANCE STATUS AGENDAITEM: Second Reading Ordinance - Amending Code of Ordinances Section 53254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: (Attachment # ) On Rand Morgan Road (F.M 2292): revising the existing speed limits to the following: 55 mph to 45 mph from north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street. 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail. 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44); providing for penalties. (First Reading - 1/14/03) FIRST READING: January 14, 2003 Passed: 9-0 (Vote Unanimous) FINAL READING: January 28, 2003 COMMENTS: (None) AGENDA MEMORANDUM DATE: January 9, 2003 SUBJECT: Revised Speed Limit - Rand Morgan Road (F.M. 2292) AGENDA ITEM: Ordinance amending Code or Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: On Rand Morgan Road, (F.M. 2292: revising the existing speed limits to the following: 55 mph to 45 mph from north right of way line of Leopard Street (State Highway 9) to 0.858 miles south of the north dght of way line of Leopard Street. 55 mph from 0.858 miles south of the north dght of way line of Leopard Street to Agnes Street (S. H. 44). ISSUE: Speed limit revisions are necessary to reflect changes in abutting land use. The opening of the Tuloso Midway Intermediate School off Rand Morgan Road resulted in a reduction in speed limit on Rand Morgan Road (F.M. 2292 ) as determined by the Texas Department of Transportation. RECOMMENDATION: Staff recommends approval of the ordinance as presented. [.T~C)TL'AngoI R. ~cobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUND INFORMATION SUBJECT: Revised Speed Limit- Rand Morgan Road (F.M 2292 BACKGROUND: The Texas Department of Transportation (TxDOT) completed a traffic engineering investigation to review the existing speed limit on Rand Morgan Road (F.M. 2292) south of Leopard Street. Rand Morgan Road is the main arterial to the new Tuloso Midway Intermediate School leading from the intersecting streets of Overland Trail and Good Night Loving Trail. As a result of the school opening on January 6, 2003, the need for a reevaluation of the the speed zone on Rand Morgan Road was conducted by TxDOT. RAND MORGAN ROAD (F.M. 2292: The proposed action consists of lowering the speed limit south of Leopard Street from 55mph to 45mph. A 30 mph school speed zone is proposed for a distance of 1,584 linear feet just north of Overland Trail and south of Goodnight Loving Trail. Both intersecting streets lead to the new Tuloso Midway Intermediate School. TxDOT is proposing roadway widening improvements on Rand Morgan Road in the area of the new school to provide for wider traffic lanes and additional turning lanes into and out of the new school facility. These improvements are scheduled to be let by TxDOT in March, 2003. The Transportation Advisory Committee did not review these TxDOT recommendations due to the urgent need to expedite the installation of the speed limit revisions. The City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions. EXHIBIT "A" Page 1 of 1 IH 37 LEOPARD ST. SCALE: NONE Z 0 N TULOSO MIDWAY I.S.D. INTERMEDIATE SCHOOL ~ ~ ~ o 0 HWY 44 EXHIBIT "B" 81TE GUB~ECT: ffAND MOffGAN SPEED LIMIT A~USTMENTS Traffic Englnee~ng Div. Engineering Ge~ioe~ Dept. ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Rand Morgan Road, (F.M. 2292) revising the existing speed limits to the following: 55 mph to 45 mph from the north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street. 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail. 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44). PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Rand Morgan Road, (F.M. 2292) revising the existing speed limits to the following: 55 mph to 45 mph from the north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street. 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail. 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44). CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Rand Morgan Road: From the north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street 45 mph-- All times From a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail for a total distance of 1,584 feet--30 mph-- when school speed zone lights are flashing From 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (State Highway 44)~55 mph--All times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. That the foregoing ~ ordinance was read for the first time and passed to its second reading on this the ~ t~day of t_/~%,LI2L'CL~ , 2003, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of ,2003, by the following vote Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form this the James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor ,2003; By: Joseph l~larney, Assistar~City Attorney 13 CITY COUNCIL AGENDA MEMORANDUM January 22, 2003 Subject: Zoning Ordinance text amendment to Article 27A, Special Conditions, in order to allow temporary banners in the front yard setback. Agenda Item: First Reading - Amending the Zoning Ordinance by adding subsection 27A-2.07 to permit freestanding banners within the front yard setback of the "B-3" Business District, "B4" General Business District, "I-2" Light Industrial District, and "I-3" Light Industrial District Requested Council Action: First Reading - Approval of the Zoning Ordinance text amendment by adding subsection 27A-2.07 to Article 27A, Special Conditions, in order to permit temporary freestanding banners within the front yard setback of the "B-3", "B-4", "I-2", and "I-3" Districts. Staff's Recommendation: Approval. Planning Commission's Recommendation (01/15/03): Approval. Issue: To allow the commercial businesses within "B-3" Business District, "B~4" General Business District, "I-2" Light Industrial District, and "I-3" Heavy Industrial District, a temporary freestanding banner sign in the 20-foot required front yard setback. The banner would allow the businesses to advertise special events. Prior Council Action: None. Prior Planning Commission Action: On January 15, 2003, the Planning Commission held a public heating to consider the proposed amendment to Article 27A. After reviewing the proposed amendment, the Planning Commission voted unanimously to approve the proposed text amendment. Background: Several businesses have requested freestanding temporary banners or received a notice of violation for having freestanding banners within the front yard setback that exceeded the sign allowance. Majority of businesses that typically use banner signs are located along major thoroughfares, characterized by high speed of traffic, and greater building setbacks. The City has received several inquiries regarding the placing of banners in the front yard for grand openings and other special events. Currently, banners are treated as signs and must comply with the district's sign regulations. The proposed Zoning Ordinance text amendment affects Article 27A, Special Conditions, as it is, relates to promotional events. Agenda Memorandum Zoning Ordinance Text Amendment Page 2 The proposed text amendment would permit banners in the front yard of properties in the "B-3" Business District, "B-4" General Business District, "I-2" Light Industrial District and the "I-3" Heavy Industrial District. The banners would be limited to one banner with a sign area of ¼ square foot for each linear foot of street frontage along an arterial, expressway, or freeway, with a maximum sign area of sixty (60) square feet. If the property contains more than 500 linear feet of street frontage along an arterial, expressway, or freeway, an additional sign banner would be permitted. In order for a property to obtain a banner with a sign area of sixty (60) square feet, the property would be required to have a minimum of 240 linear feet of street frontage along an arterial, expressway, or freeway. A commercial establishment with 100 linear feet of street frontage would be allowed one banner with a sign area of 25 square feet. The banners as permitted by the proposed amendment would be limited to two (2) events per calendar year with no more than 45 days per event. Director of Planning MSS Attachments 1) Ordinance Amending Article 27A 2) Unofficial Planning Commission Minutes H:~PLN- D IR~ERMA\WORD\ZORD~ARTICLE2 7AAGENDA MEMO.DOC AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 27A, SPECIAL CONDITIONS, BY ADDING SUBSECTION 27A-2.07; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2003, during a meeting of the Planning Commission, and on Tuesday, January 28, 2003, for the first reading and on Tuesday, February 11, 2003, for the second reading, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27A, Special Conditions, by adding subsection 27A-2.07, to read as follows: "ARTICLE 27A. SPECIAL CONDITIONS Section 27A-1 General. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land, for one or more of the following reasons, cannot normally appear as uses permitted outright in a particular district. Such uses may have an unusually heavy impact on the adjoining uses; may involve a great area of land; may be of a temporary or seasonal nature; or may be public or semi-public in character, and consequently play a vital role in the life of the community. Therefore, the locations of these uses are subject to special conditions in order to insure that there is protection for the health, safety, and general welfare of the community. The sections under Article 27A of this Ordinance describe the conditions which must be met and maintained before certain uses will be permitted in particular zoning districts. 27A-2.07 Freestandin.q banners for promotional events within the front yard setback are permitted for properties located in a "B-3" Busines~ District, "B-4' General Business District, "1-2" Li.qht Industrial District and "1-3" Heavy Industrial District, subject to the followin.q conditions:. One banner for each arterial, expressway or freeway fronta.qe is permitted. If any of those street fronta.qes exceed 500 linear feet, an additional banner is permitted; The banner may not exceed an area of 0.25 square foot for each linear foot of street fronta.qe alon,q an arterial, expressway or freeway and in no event shall the banner area exceed sixty (60) square feet or have a dimension greater than twenty (20) feet; The heiqht of the banner as measured from existin.q Rrade te top of banner, shall not exceed 25 feet; The banner must be located alon.q an arterial, expressway or freeway and must be oriented toward the aforementioned roadway; Eo Banners shall be limited to two (2) events per year for ~ duration of 45 days per event. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 6. 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. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor APPROVED: This 23rd day of January, 2003 James R. Bray Jr. ~ Doyle ,.D~urtis Senio~.~ssistant City Attorney Unofficial Planning Commission Minutes January 15, 2003 Zoning Ordinance Text Amendment Article 27A, Special Conditions (Banners) Mr. Mignel Saldafia, City Planner, presented a proposed text amendment on Article 27A, Special Conditions (Banners) which would allow businesses to put up temporary banners for special or promotional events. There are a number of businesses that place banners on their front properties. Banners are considered signs and have to comply with sign regulations, if freestanding signs, then they cannot put another banner. If it is put on a wall, sometimes the wall is 50-60 feet back from the property line, and the complain is that the signs cannot be seen from the street. To alleviate the problem, Staff is proposing a temporary sign that would allow businesses to put up a sign for the width of their property for a limited time of 45 days per event, up to 2 events per year up to a maximum of 90 days per calendar year. This sign would be ¼ square foot sign area for every linear feet of street frontage and the street frontage would only be along an arterial, expressway, or freeway up to a maximum of 60 square feet up close to the right-of-way. If there is a business in a residential area on a collector or local street, they would not be allowed to put up any banners which could impact the residential area. If there are multiple frontages along the arterial, there would have to be a minimum of 240 linear feet frontage in order to have a 60 square foot sign. Rounded up to 250 linear feet of frontage, then another banner would be allowed, limited to ~A square foot per linear street frontage. The sign would also be limited to the height of what is currently allowed, which is no higher than 25 feet. Chairman Mims asked if permits would be required in order to keep record of how many events each business has for the year, and how would it be enforced. Mr. Saldafia stated that permits would be required and it is through the continuing issue of violation notices that it would be enforced. Mr. Michael Gunning, Director of Planning, stated that for promotional signs, the Building Department sets up a tickler file of those expiration dates. They keep up with the permits, making sure that the signs are removed after a particular time. Chairman Mims questioned if each business that has a "meal" advertised comes to get a permit. Mr. Gunning stated that some do, but with others, they are turned in by an enforcement officer as a violation or as a sign to be investigated. The ones that are issued a permit are obviously easier to enforce. Mr. Saldafia also noted that if the banner is located 20 feet behind the property line and is in a "B-3" or "B-4" District, then it is allowed to remain. If it is in front of the 20-foot setback, and it akeady has a sign, then they would be in violation. Commissioner Pusley inquired if there is a way to include "B-I" or "AB" Districts, seeing as how it is for temporary banners only. Unofficial Planning Commission Minutes Article 27A, Special Conditions (Banners) January 15, 2003 Page 2 Mr. Saldafia stated that it can, but Staff does not think it would be appropriate when in proximity to single-family residential. As it is, some signs located in those districts already impact the residential area. Additional signage would not be beneficial to the residential area. Commissioner Zamora was of the opinion that the "B-I" and "AB" Districts could be included somehow. Mr. Gunning stated that it might be worked out sometime in the future. For fight now, the focus was on the arterials and industrial areas. Commissioner Amsler asked if there was a simple definition of what is a banner. Mr. Gunning read the Zoning Ordinance definition as "a sign made up of fabric or any nonrigid material, including flags, other than those enumerated in Section 3-55." In response to a comment from Commissioner Amsler, Mr. Saldafia commented that a Code Enforcement Officer went up and down South Padre Island Drive and issued a notice of violation to all businesses that had banners or pennants, but it seems they are out again. Commissioner Richter inquired about the setbacks where the banners can actually be placed. How close can it be placed if the banner is 12 feet long? Would that be a potential problem? Mr. Saldafia responded that all signs, whether permanent or temporary, cannot obstruct the view of traffic. If it is a 12~foot long sign, with a height of 5 feet, will be put up 20 feet into the air. It can go up to the property line. If it's a low banner, to meet the visibility requirement, depends on the size of the road. Commissioner Richter asked if when issuing a permit, are they going to ask where they are going to up the sign. Mr. Saldafia stated that they have to locate it on a site plan, showing where the driveways are and how tall the banner will be. Mr. Saldafia added that the "B-5" and "B-6" Districts do not have setbacks. The banner would be treated as a sign in a "B-5" District because there are no setbacks. In a "B-4", "B-3", "I-2", and "1-3" Districts, there is a 20-foot setback. If there is an existing sign in the setback area, additional signs will not be permitted. Commissioner Salazar was concerned about the monitoring of the permits. He suggested an opening and closing inspection, requiring two permits, one to inspect it when the sign is put up, and the other to inspect it at the end of the 45-day period. If the banner is not down by the end of 45 days, the business would be fined. We have to make sure we cover Staff's time to go out there twice. Mr. Gunning stated that before the amendment goes to Council, he would meet with Code Enforcement to work out a way of enforcing more effectively and take an overall look at all permitting fees. Unofficial Planning Commission Minutes /micle 27A, Special Conditions (Banners) January 15, 2003 Page 3 Commissioner Pusley stated that someone could permit for a banner and before the 45- day expiration, they could come and apply for a second. He asked if, essentially, a business could keep a banner for 90 days straight. Mr. Saldafia responded affirmatively. Commissioner Richter suggested having an expiration decal to remind the business owner of their expiration date. Motion by Pusley, seconded by Stone, that the amendment be approved. Motion passed unanimously. H:~PLN-DIR~SHARED\WORD~PLANNING COMMISS IONWiINUTES~2003\ 1 - 15-03DRAFT MINUTES BANNERS.DOC 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Meeting: January 28, 2003 AGENDA ITEM: Presentation to the Council by the Arts and Cultural Commission on the Corpus Christi Festival of the Arts. STAFF PRESENTER(S): Name Title/Position Department Ronnie Sepulveda Superintendent Park & Recreation OUTSIDE PRESENTER(S): Name Title/Position Orqanization Dr. Linda Avila Performing Arts Chair Arts & Cultural Commission ISSUE: This informational presentation will update the Mayor and City Council on the Corpus Christi Festival for the Arts coordinated by the Arts & Cultural Commission. PRIOR COUNCIL ACTION: Council approved $15,000 to fund the Festival of the Arts. REQUIRED COUNCIL ACTION: None. RECOMMENDATION: None. Daniel L. Whitworth Director, Park and Recreation ADDITIONAL SUPPORT MATERIAL Presentation X 15 January 23, 2003 To: Mayor and Council Members From: Armando Chapa, City Secretary Re: Charter Amendments Attached is a list of possible housekeeping charter amendments that have been proposed in the past. Also attached is a proposal for a housekeeping amendment we received from John Bell. LIST OF POSSIBLE HOUSEKEEPING CHARTER AMENDMENTS FOR CONSIDERATION BY THE CITY COUNCIL Initiative and Referendum Practical experience has indicated the need for procedural clarifications to avoid uncertainty, including: 1. Thc provision for filing supplementary petitions simply cross-references the recall provisions. This causes some ambiguity which should be corrected by specifying the process for supplementation in the I&R provision itsel£ 2. The time to request the city council to reconsider an adopted ordinance in connection with a referendum petition should be specified. Election Dates Article II, Section l(b) provides that the council election will be held on the first Saturday in April, unless the council six months in advance designates an alternative Saturday in April or the next avai[ahle uniform date. This implements a special state law provision which was passed for Corpus Christi in 1987 when the spring uniform date was changed to the first Saturday in May, to avoid conflict with Buccaneer Days. In past legislatures, proposals have been made to change the spring date to a day (in March) that would not conflict with Buc Days. If this were to occur there would be no need for the special date for Corpus. The charter should provide authority for the council to set a date in that event. Runoff Elections Article II, Section 3(a) provides that the city council runoff election will be the second Saturday following a council election. This is an exceedingly short time for the city secretary to conduct the runoff, and allows hardly any time for early voting. In general under the Election Code, runoffs are held 20 to 30 days after the canvass. The city secretary would like additional time. Clerical Corrections - Term Limits. Article II, Section l(d) contains language that it takes effect April 1993 and terms of office served prior to that date shall not count toward the limitation. This provision has now expired and should be deleted. -Several statutory references need to be updated as the state law references have changed. [IX(3)(a); X(1)(a); X(1)(a)(12) Mayor's Veto Section 6(a) says that the mayor's veto and objections shall be returned before the next regular meeting of the council. Since the council is now required by the charter twice monthly, and generally does not meet the first Tuesday, or for a period immediately after budget completion and during Christmas, this provision should be amended to require that the veto be filed within seven days of the council action. CharterAmendsHousekeeping.wpd Clarify the Effect on Voting Reauirement of Council Member being Disaualified Several provisions [Art. II, Sec. 14(e) - ordinances and resolutions; Art. II, Sec. II, Sec. 1 l(b) - removal] refer to action by a majority of"all council members holding office." This does not specifically address the situation in which a member or members are disqualified from voting due to a conflict of interest. Following state court cases, we have construed this situation to treat a disqualified member as not holding office. This should be explicitly clarified. Date of Recall Election Article II, Section 21, requires the council to order a recall election "within not less than thirty, nor more than sixty days from certification." The Texas Election Code now requires that such an election be on a uniform date. The provision should be amended to require the council to order an election "at the next available election date under Texas law." Time for Effectuating Lease or Franchise Article IX, Section 3 provides that a lease or franchise of more than one year must be read at two regular meetings of the council at least twenty-eight days apart, and that the lease cannot he effective before 60 days after second reading during which a petition may be filed under state law requiring an election. This is unduly burdensome for many routine leases. Routine leases would be facilitated if the restriction applied only to leases exceeding five years. Termination of Leases Article IX, Section 6(a) provides for leases to be terminated for cause by ordinance after notice and hearing. This is an unnecessary and cumbersome process for contractual administration; it should be eliminated. The process for termination should be spelled out in each individual lease according to the circumstances. Procurement Process Article X, Section 2(c) addresses competitive bids and proposals. It does not expressly mention new processes authorized by State law such as electronic bids and design/build Although we believe the charter authorizes all procurement methods allowed by State law, the charter section should be amended to make this explicit. CharterAmendsHousekeeping.wpd TO: FROM DATE: RE: WOOD, BOYKI~ & WOLTER A Professional Corporation 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 (361) 888-9201 FAX (361) 888-8353 MEMORANDUM Jimmy Bray, City Attorney Armando Chapa, City Secretary John D. Bell January 23, 2003 Proposed Charter Amendment Concerning Election Dates Under the current Charter, the mn-offelection is scheduled to be held two weeks following the regular election. This year that date would be the Saturday before Easter Sunday (that Saturday also would be within Passover as well), and it would result in the days of early voting being limited to a few days during the start of Holy Week. A similar situation will occur in 2007 for the regular election date on April 7, 2007, which falls on the Saturday before Easter Sunday and on the fourth day of Passover. Although conducting elections during this time is not impossible, it is very difficult for voters to participate fully in the electoral process and very difficult for election officials to fulfill their responsibilities at the polls. Such a schedule would require election workers to make their preparations during the evening of Good Friday and work all day from 7:00 am to 7:00 pm on the Saturday before Easter Sunday. Since the Easter and Passover seasons can be very special times for many families, it would create a hardship on election workers and may possibly result in having to conduct the election without experienced election help. The Texas Election Code provides an exception to the scheduling of political party conventions that typically occur three weeks after the March Primary Elections to provide that if the Saturday "occurs during Passover or on the day following Good Friday, the conventions shall be held on the next Saturday...." (Election Code Section 174.063) Similar provisions could be added to the City Charter in Article II, Section 1 and Section 3 to provide that if an election date occurs during Passover or on the day following Good Friday, the election would be held on the immediately following Saturday (the second Saturday in April for the regular election and the third Saturday after the regular election for a run-off election). Attached is an amendment that would modify the Charter to do that. If it were adopted at the April 5, 2003, election and approved as part of the canvass of the election on the following Tuesday, it could go into effect immediately and resolve this issue in the 2003 election calendar. CSDocumenls and Se~ings\jimmyb~Local Se~ings\Temp\GWViewerLMemo-Charter. DOC Charter Proposition 1. Amending Article II, Section 1 and Section 3 of the City Charter concerning elections to provide that if the date set in April for a regular or mn-off election occurs during Passover or on the day following Good Friday, the election will be held on the immediately following Saturday. Full Text of Change: ARTICLE II. CITY COUNCIL Sec. 1. Membership and term, (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in odd-numbered years on the first Saturday in April; however, if that date occurs during Passover or on the day following Good Friday, the election shall be held on the second Saturday in ril un!cas ....... j ............ ~ ........................... j ..... ~ .............. etec4iea. Sec. 3. Run-offelections. Run-off elections shall be held on the second Saturday following a regular or special election; however, if that date occurs during Passover or on the day following Good Friday, the mn-off election shall be held on the third Saturday following the election. The following circumstances would require a mn-off election: (a) If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election,. ..... a mn-off election shall be held on ~*;,..~....- ...... ~ ·,~- afl e!ccticn at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (b) If no candidate for city council from a given single member district receives a majority of all votes cast for such office at any regular or special election, thoro a mn-off election shall be held on thc scccnd Sa~arday following any such clccticna ran c, ff clccticn at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (c) If fewer than three candidates for at large city council positions receive a plurality of at least twelve percent each of the total votes cast for all at large city council candidates, the~ a mn-off which: (1) If no candidate received at least twelve percent of the total votes cast for all candidates for the at large positions in the regular or special election, the four candidates receiving the highest number of votes shall stand for election; (2) If only one candidate received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next three candidates receiving the highest number of votes shall stand for election; or (3) If two candidates received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next two candidates receiving the highest number of votes shall stand for election. The winners in any such run-offelection for at-large positions shall be determined by a plurality vote. APRIL ELECTION/HOLIDAY CALENDAR (Bold Dates Indicate Conflicts) Election Date Run-Off Date Easter Passover Starts April 5, 2003 i:~i!;Ji!~!!~;ii~?:!?:i:!::.;i~ April 20, 2003 April 17, 2003 April 2, 2005 April 16, 2005 March 27, 2005 April 24, 2005 April 21, 2007 April 8, 2007 April 3, 2007 April 4, 2009 April 18, 2009 April 12, 2009 April 9, 2009 April 2,2011 April 16, 2011 April 24, 2011 April 19, 2011 April 6, 2013 April 20, 2013 March 31, 2013 March 26, 2013 ~i:::~ii!~::i?i:~;,:: April 18, 2015 April 5, 2015 April 4, 2015 April 6, 2019 ::::::::::::::::::::::::::::: April 21, 2019 April 20, 2019 ':~ii~!!,:~?il;i~2~ii ;?;; April 17, 2021 April 4, 2021 March 28, 2021 'April 1,2023 April 15, 2023 April 9, 2023 April 6, 2023 April 5, 2025 ;:~i;:i:~gi:~?!!~.~;:??; April 20, 2025 April 13, 2025 April 3, 2027 April 17, 2027 March 28, 2027 April 22, 2027 April 7, 2029 April 21,2029 April 1, 2029 March 31, 2029 April 5, 2031 April 19, 2031 April 13, 2031 April 8, 2031 April 2, 2033 i:~!?!~i;i~ii;?;i;,i:ii:i;!?? April 17, 2033 April 14, 2033 April 7, 2035 April 21, 2035 March 25, 2035 April 24, 2035 ~:~¢~:;~;,;~:' April 18, 2037 April 5, 2037 March 31, 2037 April 6, 2041 ';;~!~;~4~?~;;~?;;~April 21,2041 April 16, 2041 April 4, 2043 April 18, 2043 March 29, 2043 April 25, 2043 ?,~¢~;~;~;;;~?:~April 15, 2045 April 2, 2045 April 2, 2045 April 6, 2047 April 20, 2047 April 14, 2047 April 11,2047 April 3, 2049 '~i~;~;;~?~;~;,~;~;April 18, 2049 April 17, 2049 16 CITY COUNCIL AGENDA MEMORANDUM - PRESENTATION January 28, 2003 AGENDA ITEM: Presentation by Solid Waste Services Staff on the progress of the automated garbage collection program. CITY STAFF PRESENTER(S): Jeffrey D. Kaplan, Director, Solid Waste Services Lawrence Mikolajczyk, Assistant Director Solid Waste Services John Sendejar, Superintendent of Administration, Solid Waste Services ISSUE: Solid Waste Services is planning for the Second Phase of the automated garbage services program. This presentation will identify status of current services and discuss distribution plans for this second phase. BACKGROUND: * January 1999, Solid Waste Services initiated an Automated Garbage Collection Pilot Program to 3400 households in the community. * March, 2001 Council approved the purchase of 13 automated collection vehicles to be used, commencing in FY 01-02. * July 10, 2001 Council approved the purchase of 75,000 automated collection carts to be purchased over a three year period. * September 7, 2001 new vehicles began arriving and the first batch of carts arrived the week of September 3, 2001. Kaplan Director, Solid Waste Services H/Home/Lorilie/council memos/auto presenta status 1-28-03.doc Refuse Collections iA� P MI Residential Automation Automation Summary • Phase I - November 2001 — Automated 33K Residents • Phase II — June 2003 — Automate 21 K additional Residents • Phase III — June 2004 — Automate remaining 21 K Residents IL rf: , Automation Phases SOLID WASTE SERVICES LEN �COLLECTION AUTOMATION AL ' 1 b PHASE -1 PHASE 2 PHASE 3- _ _ � N s_ • zIiâ–º C. C. BEACH CORPUS CHRISTI BAY Phase k Automation • 33K residents currently on automated collections • 13 automated vehicles purchased • Choice of 95 gal or 65 gal container • 66 routes providing twice -a -week pick-up. • Light debris is co -mingled with automated residential collection Phase II -Automation • 21 K residents added to automated collections, for a total of 54,000 • 5 automated vehicles purchased as additions to fleet • Automated routes will increase from 66 to 108 weekly • 54 manual weekly routes will continue • City-wide collections goes to 6 days per week • Light debris is co -mingled with automated residential collection Phase III- Automation � f` • 21 K remaining residents will be serviced using semi- automatic vehicles with "tippers". 0 6 new replacement vehicles added to fleet 0 All routes will be on a 6 day schedule (M-Th,T-F,W-S) • Light debris will continued to be handled on regular service dates. Operational Improvements � f:�ti * Continued evaluation of Collections division . Implementation of Routing software Monitor efficiency of routes, including backdoor ADA serviced homes - Adjust for growth areas 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2000 Quarterly Report #7 January 28, 2003 CITY STAFF PRESENTER(S): Name 1. 'Angel R. Escobar OUTSIDE PRESENTER(S): Name 1. N/A Title Director Title/Position Dept/Division Engineering Services Organization ISSUE: This is a quarterly report on the status of the voter-approved Bond Issue 2000 projects. BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The approved projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. REQUIRED COUNCIL ACTION: None Required. · Escobar, P.E'. Director of Engineering Services 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDAITEM: January 28, 2003 Blucher Arroyo Storm Water Drainage Structure Condition Assessment Results CITY STAFF PRESENTER(S): Name Title 1. 'Angel R. Escobar Director Dept/Division Engineering Services OUTSIDE PRESENTER(S): Name 1. Jeff Massengill, P.E. Title/Position Vice-President Organization Shiner Moseley Associates ISSUE: This is a presentation report on the Blucher Arroyo Storm Drainage Structure damage assessment. BACKGROUND: The Blucher Arroyo Storm Drainage Structure is composed of several different structure types and was built in multiple time periods. The section of line that collapsed during the last heavy rain period was built during the early 1940's, at the same time as the Seawall. After the rains ceased, a manhole was installed on the top of the Mesquite structure, which allowed for a brief visual inspection as to the condition of the drainage system. This inspection was cursory in nature and only in the vicinity of the new manhole, but verified the need for a more detailed examination for the entire length of the structure. A contract was issued to Shiner Moseley & Associates to conduct a thorough assessment of the underground structure. This presentation will report on the extent of damage to the drainage structure. REQUIRED COUNClLACTION: None Required. · Angel R. Escobar, P.E. Director of Engineering Services nsu Janua~ 28,2003 ~[[ SHINER MOSELEY AND ASSOCIATES~ 1NC. · '. ~. ~' · ENGINEERS & CONSULTANTS Cl~fi~i January28,2003 ~ ESNI"IGIiNN~EREt~M~oS~EoNLE~[ATANNDTsJ~L~SOC[ATES, INC. 2 ~oi~Y of Chnsti Januaw 28,2003 ~L~i i~1 SHINER MOSELEY AND ASSOCIATES~ INC. · .' '~ .' ' ENGINEERS & CONSULTANTS 3 Janua~ 28,2003 SHIN£R MOSELEy AND ASSOCIATES~ INC, ENGINEERS& CONSULTANTS 4 ~ity of ~:hnst~ Janua~ 28,2003 C~hq?.ity of rlStl Janua~ 28,2003 SHINER MOSELEY AND ASSOCIATES~ INC. ''~"'ENGINEERS& CONSULTANTS 6 City of Christi Janua~ 28,2003 SHINER MOSELEY AND ASSOCIATES, INC. ENGINEERS & CONSULTANTS 7 City of Cgrp. us Christi Janua~ 28,2003 19 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: January 28 2003 AGENDA ITEM: Appropriating $30,000 from the Unrestricted Park Trust Fund in the No. 6010 Trust Fund for the payment to Tuloso-Midway Independent School District for the pumhase of playground equipment; amending Ordinance No. 024974 which adopted the FY 2002-2003 annual budget by increasing appropriations by $30,000; and declaring an emergency. ISSUE: The Tuloso-Midway Independent School District (TMISD) needs playgrounds for its new primary elementary school (Pre-K, K, 1,2 grades) at 3125 Deer Run and its new intermediate elementary school (3, 4,5 grades) at 1921 Overland. TMISD will construct and maintain the two playgrounds. The City has sold parkland located at 8209 Timberline Drive ("Tuloso Park") and intends to use funds from the sale toward the purchase of playground equipment. In exchange for the City participation, TMISD will maintain Maple Hills Park, which is located next to the elementary school. PRIOR COUNCIL ACTION: A resolution was passed by the City Council on January 14, 2003, to approve an interlocal agreement with Tuloso-Midway Independent School District (TMISD) which covers the responsibilities of the parties respective to the construction and maintenance of the two playgrounds. REQUIRED COUNCIL ACTION: An ordinance must be passed by the City Council to appropriate funds in the Unrestricted Park Trust Fund 6010 to allow payment to the TMISD for the playground equipment. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board has been notified of the playground construction projects and voiced its approval. RECOMMENDATION: The staff recommends that the City Council pass the ordinance to appropriate $30,000 from the Unrestricted Park Trust Fund 6010 for the payment to TMISD for playground equipment. ADDITIONAL SUPPORT MATERIAL Daniel L. Whitworth Director, Park and Recreation Background Information X Ordinance X AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The Tuloso-Midway Independent School District (TMISD) seeks playgrounds for its new primary elementary school (Pre-K, K, 1, 2 grades) at 3125 Deer Run and its new intermediate elementary school (3, 4,5 grades) at 1921 Overland. TMISD will maintain the two playgrounds if the City provides funds for the construction of the playground equipment. The City has sold the park land located at 8209 Timberline Drive ("Tuloso Park") and intends to use the funds from the sale of Tuloso Park to purchase playground equipment and have it installed at the two TMISD sites. TMISD agrees to provide school district land to use for construction of the playgrounds. The school district also agrees to maintain the playground equipment and land for the duration of the agreement. The school district also agrees to allow public access to the playground equipment during normal City park hours, except during the hours that school is actually in session at the two schools. The school district also agrees to maintain the property currently known as Maple Hills Park, located at 3125 Deer Run, for the duration of the agreement. TMISD is expected to adhere to City maintenance standards. ORDINANCE APPROPRIATING $30,000 FROM THE UNRESTRICTED PARK TRUST FUND IN THE NO. 6010 TRUST FUND FOR THE PAYMENT TO TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT FOR THE PURCHASE OF PLAYGROUND EQUIPMENT; AMENDING ORDINANCE NO. 024974 WHICH ADOPTED THE FY 2002-2003 ANNUAL BUDGET BY INCREASING APPROPRIATIONS BY $30,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 from the Unrestricted Park Trust Fund in the No. 6010 Trust Fund for the payment to Tuloso-Midway Independent School District for the purchase of playground equipment. SECTION 2. That Ordinance No. 024974 which adopted the FY 2002-2003 annual budget is amended by increasing appropriations by $30,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney Samuel L. Neal, Jr. Mayor ~. ~ g~--~, 2003 By: Lisa Aguilar Assistant City Attorney 20 CITY COUNCIL AGENDA MEMORANDUM January28,2003 AGENDA ITEM: Motion approving the creation of the City of Corpus Christi Auditor's Office. BACKGROUND: Through management discussions with the Council regarding the need for an internal audit function, staff recommends the creation of a new City Auditor's Office. The City Auditor would be a Certified Public Accountant and perform technical audit functions, particularly in the area of financial analysis. This new office would continually examine financial activity and operations of various City departments/funds, which, in some cases, are currently being performed through separate professional service contracts. Accordingly, funding for this new office will be provided from General Fund, Combined Utility Funds, other Enterprise Funds, and Hotel Occupancy Tax Fund sources. (Please see attached.) REQUIRED COUNCIL ACTION: Motion to approve the creation of a new City Auditor's Office. Attachments: Projection of Funding & Expenditures City Auditor's Office Projection of Funding and Expenditures Revenues: Funding: General Fund Combined Utility Funds Other Enterprise Funds Hotel Occupancy Tax Fund Total 5 months Est. 0310t thru 0713112003 FY 2002-2003 $ 36,157 46,220 2,444 4,761 $ 89,583 Expenditures: Est FY 2002-2003 Salaries and Wages Car Allowance Retirement Group insurance benefits Minor computer equipment Minor office equipment Office supplies Postage & express charges Telephone/telegraph service Memberships & dues Training - Supervisory Travel Building maintenance charges allocation MIS allocation Copy/Print Shop allocation Self insurance allocation Transfer to debt Total $ 60,862 1,750 11,758 1,980 4,308 625 800 500 1,000 1,000 5,000 $ 89,583 Proposed FY 2003-2004 $ 91,921 120,913 6,120 12,301 $ 231,255 Proposed FY 2003~004 $ 146,068 4,200 28,220 10,900 1,872 500 1,500 1,000 1,000 1,200 1,000 10,000 5,400 7,100 2,000 8,700 595 $ 231,255 City Auditor's Office Projection of Funding and Expenditures Detail Expenditures: Personnel: Approx. Estimated Annual Cost FY 2002-2003 Dir of City Auditor's Office Sr. Management Assistant Executive Assistant $ 81,413 $ 33,922 38,604 16,085 26,051 10,855 $ 146,068 $ 60,862 Each 1st Year Equipment: Computers (3) (Lease @ $52 mo.) $ 624 $ 780 Printer 1,200 1,200 1,980 Desk (1) - Director 481 481 Credenza - Director 436 436 Hutch - Director 338 338 Desk (2) - Staff 355 710 Chair (1) - Director 339 339 Chair (2) - Staff 228 455 Bookcase (2) 244 488 File cabinet (2) 337 674 Calculator (3) 129 387 $ 4,308 Allocations: Allocations are generally based on historical data, therefore, no allocations will be charged for FY2002-03. FY2003-04 allocations are based on a similar departmental structure. 21 CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: DATE: January 22, 2003 A. Motion identifying drainage projects approved for funding in FY 2002-2003. B. Motion identifying additional drainage projects requiring new funding in short range utility Capital Improvement Plan. ISSUE: A. An additional $5 million in the category of Minor Storm Drainage was approved for Storm Water Improvements in FY 2002-2003 Capital Budget. Attached is a list of the recommended projects identified for that funding. B. During the November 19, 2002 City Council meeting, staff was asked to provide a list, taken from Storm Water's Long-Range ClP Plan, of an additional $20 million of recommended prioritized Storm Water improvement projects. Attached is a summary list of 41 projects from the Long-Range Plan whose preliminary cost estimates total $20 million. It should be noted that these cost estimates are based on existing design standards, pre-Storm Water Master Plan. In addition, an accelerated project schedule to include these $20 million in projects is not funded in the CIP. As discussed during a recent Capital Budget discussion, such a schedule would require an additional 1% increase (total of 5%) in utility rates for two years. As instructed, staff also developed a criteria ranking for project pdoritization consisting of six categories, as follows: 1. Mandatory (Emergency or Committed) 2. Property Damage (Water in Facility) 3. Safety Hazard (Repair or Replace) 4. Increase System Capacity 5. HealthNector Control (Extensive Standing Water) 6. Economic Development The project summary listings are sorted by the priority ranking assigned to each of the projects, PREVIOUS COUNCIL ACTION: Council approved funding for FY 2002-2003 (Year 1) Storm Water Capital Improvement Program. RECOMMENDATION: Approval of the two motionS.V ~H. ~r y,~re t~~ a 'c Std~ VVater Operatior~s I Attachments Option 2.w $20 mm more in FY 2003-04 • Additional 1% rate increase for two years PROPOSED CAPITAL BUDGET Base OPenhlag Ravoslas Pass Through Rerwsrs Bas Operating Experss an P „chs Raw Water It Plpelas Expenses; Conb*d DebtssrAm Other RifDest Opesdows; Expenses Total OWWM Elgrn hurt Reverse Available for Debt Service O6sf ManOPerow" Experts brass (Deww) to Approprbb4s Fund Balance CooWrsd App "dable for OperaOors Cosluclbn I Capital Outlay Expire: Endhp Appropriable Fund Balance Combined Appropriable for Operadona saPN M of OpeniUMExpens Days of Operalhp Epsnee Commit Debt SerAm Now Pbldl Birds Total F Inky Dabt Comsat Debt Service Coverage Rab Coversnt Teat AvW&W Debt Sivits Avenge DeM Service Coveups U68ty Rab Requ9enrnb as a %: Cnmbhrd FNunclal Summon FhrnWl Summaryand Seraclad F9snclel ll I 42,400,737 43.552204 47,27&137 42,117,932 4ZS41 , 3261 44,053,035 45,194,615 46,38&649 47,570,585 48,806,862 50,076,008 51,379,473 52,717,982 51,092,510 10,48&853 13,041 13,509,906 13,994,647 14,496,986 15,016,665 15,555,166 1&112,514 16,002,070 17,292,177 17,913,555 8800,744 9,734,7 9,573,930 9.809$11 10,050,515 1&29&001 10,551,823 10,812.140 11,079,127 11,352,950 11,873,780 9,941,525 8,809,17_ 9,914,120 9,918.000 9192&570 &926,210 9922,225 9,927,638 8,927,500 8,989,825 8,900,613 8,151,735 8,971,0191 &85&789 8,894,850 9,138,350 9,304,460 9,639,375 9,901272 10,17&344 10,446,789 10,730,815 652% 612% 600%'9 00%594% 4% 56A% 53.9% 50.7% 452% 36.0% 35.1% 3018% 240 224 219 217 206 197 185 165 139 128 112 S 17,937,085 $ 24,076,741 S 24.042,719 S 23,630,643 S 23.637,117 S 23,83&061 S 23.649,195 S 23.673,550 S 23.000.330 S 16,507,910 S 16505,591 2.01 1.84 I 1.90 1.80 1.61 1.58 1.51 1.41 1.34 1.47 1.41 S 19,527,346 $ 20255,139( S 24,596,008 S 2&276,308 $ 28.86&856 $ 31,75&584 $ 34,065,429 $ 35,947,641 $ 35,92&276 $ 36,559.016 $ 34,052,370 1.85 2.18 I 1.96 1.90 1.87 1181 1.80 1.78 7181 1.87 2.06 2.00% 5.0D% 5.00% 5.00% 4.00% 3.75% 3.75% 3.50% 325% 3.00% 2.75% 2.00% 5.0004 5.00% 5.00% 4.00% 3.75% 3.75% 3.50% 325% 3.00% 2.75% 2.00% 5. 5.00% 5.00% 4.00% 3.75% 3.75% 3.50% 3.25% 3.00% 2.75% 1S 26.92000 S 14,315,500 S 16.080,000 S 1&83&500 $ 25225,000 S 1,37&000 S 27,875,000 f 7,700,000 t 375.000 $ S 3.600,700 S 27,314,900 S 6,050,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 S 5,000,000 S 5,000,000 I 5.000.000 $ S 15.557,600 $ 27,957204 S 73,014,000 t 25,88&000 f 24,000,000 S 43.SDD,000 S 14,50&000 S 26,97&000 $ 17.25&000 IR M-2Dm Vl slam vsbr plug l%yd14.05 11MGM02 City of Caps CIMBU URA420m H Slam nub„ Pits 7%„01.05 Projected Impact to customer of Future Rate Increases as per Utility Rate Model Rate Increase: 5% 5.00% 5.00% 4.00% 3.75% 3.75% 3.50% 325% 3.00% 2.75% Service Minimum Avg. Cons 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-20112011-2012 Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Water 7 $ 15.77 $ 16.56 $ 17.39 $ 18.09 $ 18.76 $ 19.47 $ 20.15 $ 20.80 $ 21.43 $ 22.02 Raw Water 7 $ 4.79 $ 4.93 $ 4.93 $ 5.09 $ 6.28 $ 6.27 $ 6.27 $ 6.27 $ 6.25 $ 6.26 Gas 3 $ 15.79 $ 16.58 $ 17.41 $ 18.11 $ 18.79 $ 19.49 $ 20.17 $ 20.83 $ 21.45 $ 22.04 Purchase Gas adj $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 Solid Waste minimum " $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 $ 14.00 Wastewater 7 $ 25.72 $ 27.01 $ 28.36 $ 29.49 $ 30.60 $ 31.74 $ 32.86 $ 33.92 $ 34.94 $ 35.90 Total Bill $ 95.58 $ 98.58 $ 101.59 $ 104.27 $ 107.93 $ 110.48 $ 112.95 $ 115.32 $ 117.58 $ 119.72 Percent Increase in Monthly Bill 3.09% 3.15% 3.05% 2.64% 3.50% 2.37% 2.24% 2.10% 1.95% 1.83% 'Purchase gas adjustment price based on average of $6.50/mcf " Solid Waste Service calculated on minimum charge NOTE: Does not include taxes for applicable service 22 AGENDA MEMORANDUM SUBJECT: Storm Water Management Policies Storm Water Master Plan Project (# 2083) DATE: January 28, 2003 AGENDA ITEM: Resolution tentatively approving the Storm Water Manaqement Policies, and directing staff to proceed with preparation of the Storm Water Criteria and Design Manual, including the preparation of alternate levels of protection. ISSUE: The Storm Water Master Plan is an element of the City Comprehensive Master Plan, all elements of which are required to be approved before adoption or implementation. RECOMMENDATION: Approval of the resolution as presented. Dih~ctor Storm W~ter Services £ I'R.' Escobar, P. E., ector of Engineering Services Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Background Information Draft Policy Document Committee Comments Presentation Storm Water Management Advisory Committee Draft Minutes Planning Commission Draft Minutes Page I of 1 H:~HOME~LYN DAS~G E N\STORMWATER~2083 - MASTER PLANIRESOLUTIOt~MEMO DOC BACKGROUND INFORMATION SUBJECT: Approval of Storm Water Management Policies Storm Water Master Plan (Project No. 2083) PRIOR COUNCIL ACTION: 1. July 20, 1999 - Approval of the FY 1999-2000 Capital Improvements Program (Ordinance No. 023703). 2. July 25, 2000 - Approval of the FY 2000-2001 Capital Improvements Program (Ordinance No. 024130). 3. Au.qust 28, 2001-Approval of the Contract for Professional Services for Storm Water Master Plan Project (Motion No. M2001-336). PRIOR 1. ADMINISTRATIVE ACTION: June 23, 2000 - Distribution of Request For Proposals (RFP) No. 2000-02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local). 2. June 23, 2000 - Authorization to waive the 75/25 local participation policy, City Policy No. F-13, in the selection procedure. 3. July 19, 2000 - Addendum No. 1 to the Request For Proposals (RFP) No. 2000- 02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local). 4. Au.qust 16, 2001 - Presentation of Storm Water Master Plan Project to the Storm Water Management Advisory Committee. 5. February 5, 2002 - City Staff Workshop with consultant team. 7. February 8, 2002 and July 9,. 2002- Presentation on Storm Water Master Plan Project to Development Services Advisory Group 8. February 21, 2002 and April 12, 2002 - Presentation of Storm Water Master Plan Project before the Storm Water Management Advisory Group. 9. March 13, 2002 - Presentation briefing to Planning Commission on Storm Water Master Plan Project. 10. April 17, 2002 - Town Hall Meeting With the general public. 11. March 7, 2002, April 9, 2002 and July 1, 2002 - meetings to discuss and receive input with Technical Advisory Group on level of protection and policies. 12. January 13, 2003 - Tentative approval by Storm Water Management Advisory Committee of the Storm Water Management Policies. 13. January 15, 2003 - Tentative approval by Planning Commission of the Storm Water Management Policies. FUTURE COUNCIL ACTION: 1. Ordinance adopting the Storm Watffr Management Policies, Storm Water Criteria and Design Manual and the Storm Water Master Plan document. 2. Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 3 of the Storm Water Master Plan - Evaluation of Individual Storm Water Systems, identify deficiencies, and implementation plan. I EXHIBIT "A" I Page 1 of 4 Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 4 of the Storm Water Master Plan - Financial analysis/services to develop alternative financing options for future Storm Water Capital Improvement Projects. PROJECT BACKGROUND: On August 16, 2001 the Storm Water Management Advisory Committee was presented with the Storm Water Master Plan Project and the Committee unanimously recommended the project be presented to the City Council. The project was awarded and initiated with the consultant team of Goldston Engineering, Inc., Don Rodman and Dodson & Associates, Inc. in August, 2001. The need for a Storm Water Master Plan Project became evident as a result of a number of drainage studies for different areas in the approved Storm Water Capital Improvements Program (CIP) for FY 1999-2000 on July 20, 1999 (Ordinance No. 023703). The City utilizes Master Plans that date back to 1946, 1961, 1970, 1982, and 1988 with inconsistent criteria and without an adopted level of protection policy. As a result the Storm Water Master Plan Project includes the development of a comprehensive, updated, consistent Storm Water Master Plan based on an adopted Storm Water Manaqement Polices with a level of protection responsive to the community. The Storm Water Criteria and Desiqn Manual is based on the storm water policies and level of protection. The Manual is necessary to respond to land use development, environmental issues and to better define and prioritize on-going and future storm water capital improvement projects. PROJECT DESCRIPTION: This project consists of two phases. Phase One will produce Storm Water Manaqement Policies to be included and implemented through the Storm Water Criteria and Desi.qn Manual and adopted by Council action. The Manual will include policy statements for storm water management consistent with federal/state regulations and subdivision development, a level of protection and drainage design criteria that reflect the input of the community. Phase Two will develop an updated, consistent Storm Water Master Plan for the City. The Master Plan will consist of map sheets at a scale of 1" = 400 I.f. with two foot contours based on LIDAR (Light Imaging Detection and Ranging) and aerial photography using USGS ~1995 digital orthogonal rectified quarter- quadrangle base maps. The map sheets will reflect the results of the hydrologic and hydraulic modeling of the selected areas to include the parameters required for design of future capital improvement projects as well as land use development projects. ,~ PUBLIC INPUT: The Storm Water Management Policies as drafted reflects input from the public and from an ad hoc Technical Advisory Committee made up of approximately 15 persons, i.e., consulting engineers, developers and environmental interests. This EXHIBIT "A" IJ group included representatives from the Texas Society of Professional Engineers, Development Advisory Group, Planning Commission and the Storm Water Management Advisory Committee. The consultant team has researched levels of protection in other communities in Texas and in coastal areas and has recommended the Storm Water Mana,qement Polices for this community as drafted. The Storm Water Management Advisory Committee (SWMAC) reviewed and tentatively recommended the Policies for adoption on January 13, 2003. (See Exhibit "E" - Draft MinuteS) Individual committee members' comments have been included as Exhibit "C". The specific reservations of the committee are as follows: the implication of the choice of level of protection (LOP) for Capital and Lot Development cost related to the collector system is not well understood and should be specifically evaluated as to whether it should be based on a 10 year or 25 year storm event before final choice of LOP; 2. the specific means of implementing Developer and City participation in facility construction needs to be clarified; 3. the method of issuance of waivers and variances needs to be clarified; and, 4. the policy needs to include avoiding direct storm water discharges to receiving waters without going through a vegetated filter. The Planning Commission reviewed the Policies on January 15, 2003. The Commission decided they will review the complete policies, design manual and plan when they are drafted by the consultants and approved tentative recommendation (See Exhibit "F" - Draft Minutes) for adoption of the Storm Water Management Policies subject to: 1. Comparison of costs and benefits between onsite improvements and offsite major outfalls; 2. Comparison of costs and benefits of the existing and proposed street flood sections with respect to Level of Protection (LOP); 3. The location and frequency of.~.the drainage inlets based on the existing practice vs. the proposed LOP policies; 4. Detention ponds how practical is that with respect to small sites and small developments 5. Recommendation for satisfactory funding mechanisms at the end of the process. IEXHIBIT "A" ~ Page 3 of 4 II The Storm Water Mana,qement Policies are proposed to be approved but not adopted at this time to allow the consultant team the authorization to proceed and develop the next stage of this project, i.e., the Storm Water Criteria and Design Manual. As the Manual is drafted with input from the Technical Advisory Group and other stakeholders in the community, the Policies. will need to be revisited and modified to shape the Manual and Policies to a realistic, equitable, cost effective product that will be presented for final adoption by Council. TIME SCHEDULE: Complete Storm Water Criteria and Design Manual June, 2003 Complete Storm Water Master Plan August, 2003 RECOMMENDATION: Staff recommends resolution as proposed. EXHIBIT "A" II City of Corpus Christi Storm Water Management Policies Final Draft TI-I~S FINAL DRAFT REPORT IS RELEASED FOR INTERIM REVIEW UNDER TH~ AUTHORITY OF WILLIAM J. GREEN, P.E., LICENSE 65721 ON JANUARY 7, 2003. IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. City Exhibit "B" Page I of 46 Exhibit "B" Page 2 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 TABLE OF CONTENTS INTRODUCTION .................................................................................................... 1 Storm Water Management ..................................................................................................................... 1 Background ............................................................................................................................................. 2 Historical Perspective ......... 3 .3 Level of Protection ................... 4 Organization and Structure. Criteria: ............... ISSUE: FLOOD PROTECTION GOAL FP-I: PROTECT COMMUNITY LIFE Objective FP-I.I: Minimize Potential Flood Policy FP-I.I.I Existing Developed Areas ...... Policy FP-I.I.2 New Construction. Policy FP-1.1.3 Extreme Even~ Policy FP-1.1.4 Comply Policy FP-I. 1.5 Objective FP-1.2: PolicyFP-l.2.1 Adverse ¥ Policy FP-1.2.2 Policy FP-1.2.3 Policy FP-1.2.4 Policy FP-1.2.5 Q 8 8 8 9 9 ' Impacts" to Adjacent Property Owners9 9 ............ 10 ......... 10 ........ 10 ty ............................................................................... 10 ISSUE: 11 GOAL WATER RUNOFF EFFICIENTLY ................................. 11 a Storms and Levels of Protection ................................................. 11 System Components ............................................................ 13 GOAL STORM WATER MANAGEMENT METHODS ................... 17 Obi Compliance w/Storm Water Drainage Criteria & Design Manual ................. 17 Policy D-2.1.1 Compliance w/Storm Water Drainage Criteria & Design Manual ......................................... 17 Objective D-2.2: Improve Storm Water System Design Process ................................................... 17 Policy D-2.2.1 Storm Water System Design Review .................................................................................... 17 Policy D-2.2.2 Updated Design Information ................................................................................................. 17 Policy D-2.2.3 Current Hydrological Information ......................................................................................... 17 ISSUE: CITY/DEVELOPER PARTICIPATION ............................................ 18 Page i Exhibit "B' TABLE OF CONTENTS Page 3 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL CD-1: DEFINE CITY / DEVELOPER PARTICIPATION .................................. 18 Objective CD-I.I: Define Storm Water System Responsibilities ..................................................... 18 Policy CD-1.1.1 Storm Water System - Project Criteria ................................................................................ 18 Policy CD- 1.1.2 Storm Water System - Drainage Right-of-Way ................................................................... 19 Policy CD-1.1.3 Storm Water System - Drainage Easements ........................................................................ 20 Policy CD-1.1.4 Storm Water System - On-Site Development ...................................................................... 21 Policy CD-1.1.5 Storm Water System - Off-Site Development ..................................................................... 21 Policy CD- 1.1.6 Storm Water System - Major System Channel Development. ....21 Objective CD-1.2: Promote Orderly Growth of the Storm ~ ...... 22 Policy CD-1.2.1 Storm Water System - Orderly Growth Management ......... .....22 ISSUE: MAINTENANCE... GOAL M-l: MAINTAIN STORM WATER SYSTEM Objective M-I.I: Storm Water System Maintenance. PolicyM-l.l.1 Design Requirements ..... Policy M-l.l.2 Drainage Right-of-Way Requirements. Policy M-I.1.3 Drainage Easement Requirements ...... PolicyM-l.l.4 Drainage Right-of-Way Policy M-l.l.5 Utility Policy M-1.1.6 Update System ~ I Policy M-1.1.7 Private ~ PolicyM-l.l.8 MS-4 Co-Permittees. GOAL M-2: Objective M-2.1: Policy M-2.1.1 Channel Policy M-2.1.2 Policy M-2.1.3 Policy M-2.1.4 ISSUE: GOAL Ob 23 23 ..... 23 ..23 23 .... 24 ....... 24 ....... 24 ·.25 26 the Environment .................................. 26 Bank Degradation ......................................................... 26 .............................................................................................. 26 ................................................................................................... 26 Corridors ............................................................................ 26 27 QUALITY PROTECTION ........................................................... 30 Community Health and Safety ........................................................... 30 egradation &Water Quality ............................................................................ 30 -1.1 .: ~ Water Supply Protection .............. . ....... 31 Maintain Ecosystems and Preserve the Natural Environment .................... 31 -1.2.1 Local Enviromnental Protection ......................................................................................... 31 Polic' GOAL WQ-2: WATER QUALITY REGULATORY COMPLIANCE ................................ 32 Objective WQ-2.1: Storm Water Regulation Compliance ............................................................. 32 Policy WQ-2.1.1 Comply with NPDES MS4 Permit Requirements .............................................................. 32 ISSUE: QUALITY OF LIFE .............................................................................. 33 Page ii Exl~ibit "B" TABLE OF CONTENTS Pa~lo 4 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL QOL-I: ENHANCE THE QUALITY OF LIFE FOR THE COMMUNITY ........ 33 Objective QOL-I.I: Transform Existing Facilities into Neighborhood Assets ............................ 33 Policy QOL-I.I.I Beautification ................................................................................................................... 33 Policy QOL- 1.1.2 Parks and Recreation ........................................................................................................ 33 GOAL QOL-2: COMBINED GREENWAY/DRAINAGE FACILITIES ......................... 34 Objective QOL-2.1: Establish Greenway Corridors ........................................................................ 34 Policy QOL-2.1.I Establish & Protect Greenway/Drainage Facility Corridors. 34 Policy QOL-2.1.2 Greanway Safety ............... Policy QOL-2.1.3 Greanway/Drainage Facility Policy QOL-2.1.4 Native i GLOSSARY OF "KEY WORD" DEFINITIONS ....... 35 35 35 36 Page iii Exhibit "B" TABLE OF CONTENTS Page 5 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 INTRODUCTION Storm Water Management Storm water management is an essential component of community infrastructure and serves to provide both increased convenience and protection of lives and property. A properly designed system will detain and/or carry away runoff from more frequent rainfall events while allowing the movement of vehicles to 3. Such a system will also detain and/or drain storm waters from an rainfall" event so that habitable structures are not damaged streets are passable to public safety vehicles. Drainage systems also impact the water quality of the the area's rainfall runoff. Creeks, rivers and bays commercial and recreational fisheries, boating fundamental to the quality of life in the region. and support They are Providing Corpus Christi with a sustainable community growth is a minimum standards, planning for working with private agencies, and maintaining the open channels and other structures. system that allows It involves setting and drainage channels, with governmental existing system of culverts, pipes, Recognizing that storn~ter systeim development should be guided by adopted policies and a compr~hensl~l~lan,Jlae City of Corpus Christi launched a planning process aimed at .~ ~on'~standards responsive to the needs of property developers~desi~/md compliant with federal, and state regulations. The technological~ corr~onents used for mapping and modeling software are described ~4~,~irb~e~ Detection and Ranging (LIDAR)technology gathered the data I ,, l'l~fssa~ to create digital elevation models (DEMs) for production of a 2-foot ~/~k, ~ digital terrain map and hydraulic modeling. The contour map was iiec[ to the City's adjusted GIS basemap in an Arc Info format. ,-.The US Army Corps of Engineers Hydrologic Modeling System (HEC-HMS) is applicable in a wide range of geographic areas for solving a wide range of hydrologic problems. This includes large river basin water supply and flood hydrology and small urban or natural watershed runoff. Hydrographs produced by this program can be used directly or in conjunction with other software for studies of water availability, urban drainage, flow forecasting, future urbanization impact, reservoir spillway design, flood damage reduction, flood plain regulation, and systems operation. Page I of 41 Exhibit "B" INTRODUCTION Page 6 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 The US Army Corps of Engineers River Analysis System (HEC-RAS) allows the user to perform one-dimensional hydraulic calculations for a full network of natural and constructed channels. This Storm Water Master Plan and supporting Storm Water Drainage Criteria and Design Manual applies to all areas within City jurisdiction. In summary, the results envisioned for the Storm · Up-to-date hydrologic and topographic information in a Information System ("G.I.S. '9 format that may be use~ drainage and water quality issues; · Contour maps of the City with drainage basin delineated in an updated master plan; · Adopted City policies that address drainage and will guide storm water management within the · The establishment of levels of acceptable to the community; · Consistent criteria and design projects; and, · Guidance for quality regulations. water damage and are private development Background The City of Corpus recognizes the importance water operations. a Texas home-role municipal corporation, uniform and integrated management of storm capital improvements within its jurisdiction. but year, the region is occasionally subjected to brief heavy, long-duration precipitation events associated with and hurricanes. The natural topography is very flat with ' and Corpus Christi Bay. Natural drainage for much of city limits is to ese Creek and ese Bay. Smaller areas drain Christi Bay, Nueces Bay, Corpus Christi Ship Channel, the the Gulf of Mexico. existing storm water drainage system was built incrementally over more DO years. The system is the result of shared responsibility between the City and private property developers. Although private interests have built much of the infrastructure, the City remains responsible for the planning, operation, maintenance and rehabilitation of the storm water system. Page 2 of 41 Exhibit "B" INTRODUCTION Page 7 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Historical Perspective In October of 1946, a study entitled "A Report on a Storm Sewer System" prepared by Myers & Noyes Consulting Engineers first established the hydraulic parameters and technical criteria used in the design of a large drainage system within the city. This system was comprised of 15 areas on the City's north side and along Corpus Christi Bay that required coordinated design. The 1946 report served for many years as the de-facto criteria used to design drainage structures in the city. Subsequently a series of Master Plans were developed to guide · "Southside Master Plan" (1961 by Blucher ~ · "West of Clarkwood Road and Flour Bluff Master Engineering, Inc.); "Five Points Master Plan - West of Calallen" Inc.); and · "South of Oso Creek" (1988 City has not adopted this master by Engineering, Inc.) [Note: The These master plans have cover the City's entire j' master plans pending adoption with each other and do not previously relied on these Water Master Plan. Regulatory Perspective /d~ The 1972 amendment to th'~deral~/ater Pollution Control Act rClean WaterAct - CWA) prohibits di~l~e of/]~l~utant into the waters .of the United States from a point source .unless~/ia.,ll~hargly is authorized by a Nattonal Pollutant Discharge Eliminatio~m .~ermit. The ~ ~i~c]~ Ui~d States further amended the Clean Water Act in 1987 and re i~ed'~[-"~tates Environmental Protection Agency (EPA) to establish ~ ]J~rec ~lr~m, ents for storm water discharges. On November 16, 1990, the EPA I lc )lish"8~ i5 ~rderal Register 47990) initial permit applications for 11 categories of '~ [~[ wat~ ~l]scharges associated with industrial activity and from drainage systems '~ ated in I~ tunicipalities with a population of 100,000 or more. In 1~5, the City of Corpus Christi, along with its co-permittees (TxDOT, the Port of Corpus Christi Authority, Del Mar College and Texas A&M University-Corpus Christi), was issued a Municipal Separate Storm Sewer Systems (MS4) NPDES permit. Page 3 of 41 Exhibit "B" INTRODUCTION Page 8 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 In 1998, the State of Texas assumed the authority to administer the NPDES permitting program in Texas. The Texas Natural Resource Conservation Commission's (TNRCC) Texas Pollutant Discharge Elimination System (TPDES) program now has federal regulatory authority over discharges of pollutants to Texas surface waters. Texas House Bill 2912 included a provision to change the TNRCC's name to the Texas Commission on Environmental Quality by January 1, 2004. O~ 1, 2002, the TNRCC formally changed its name Texas Commission on Environmental Quality, or the TCEQ. The agency name change does NOT affect any any other paperwork or transactions between the September 1, 2002. As of May 2002, the City was MS4 permit (TXS000601) which expired on June ¸ or renewal of its Level of Protection Fundamental to this Storm Water Protection (LOP) standards. measuring the performance and components of the storm water ~ water that a community decides frequency, duration and In of Level of benchmark for and upgrade of specific depth and/or spread of storm given a storm event of a certain LOP's, a community must balance and convenience benefits. Different LOP including categories of drainage components (which play an important part in storm water set out in detail in the "Flood Protection" and In all cases the recommended LOP is aimed at habitable residential and business structures. The standards adopted by the City. Page 4 of 41 Exhibit "B" INTRODUCTION /~a~7o 9 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Level of Protection Summary for Corpus Christi COMPONENT CATEGORY L.O.P. STANDARD Design Storm Event Frequency (Years) 5 25 50 100 RU~'al Roads Storm water contained within adjacent ditch · Storm water below adjacent habitable structures ~ · L6~I Stg%tS Ponding contained below top-of-curb · Storm water below adjacent habitable structures esldenttal and Commercml Collector Streets Minimum of one t~affic lane open in each direction · Storm water below adjacent habitable structures ~ '~~ · A~flii ~treets , Pending limited to outside lanes ~ Storm water below adjacent habitable structures~ ·nl ,.. · Mai r Htghways and Fr~ecways Main lanes open ~'~ '~ ~ · Storm water below adjacent habitable~ctures n~ '~ v~ · On-grade - See pending & spread of water'~' ~ abli~e · Sump/Sag - See pending &a, spread of water l~'n]~ove · Min~ Dr~i~aae S~em Comg.~nen~s Underground Storm Sewers ~ belowhutters and rims) · Minor Channels ( ~lllikfreeboar'n~lam/water surface)* · Minor Charm. el Cro.~i_'n~l~a,lvel~l foot freeboard)* · Minor Cha~l Cross~f- Bi:t~'es (1 foot ~eeboard)* · U ~ byl.°w utters and _rim~' · .~J~board above water~ur~ace) · I~ C"~f~or Cnl~Ine. ICrossings-Culverts (1 foot fi'eeboardi · ,,Colle'~Cha~el Crossings -Bridges (l foot freeboard) · M.m ~amage~l~stem ~ompone~ts ~l~nclosed'pipe & box systems (HGL below gutters & rims) · ~r Channels (2 foot freeboard above water surface) · I~ajor Channel Crossings - Culverts (2 foot freeboard) · Major Channel Crossings - Bridges (2 foot freeboard) · Pump Stations · Seawalls and Associated Outlet Cona'ol Structures · ~treme E~ent O~erfioW (S~cture Vlood Prevenn0n) a = Conveys Design Storm Event Note: New "Minor Channels" are prohibited. These LOP's are for existing minor channels, where replacement with an underground storm sewer is not feasible. Page 5 of 41 Exhibit "B" INTRODUCTION Page 10 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 As adopted, these LOP standards apply to all new drainage facilities, roadways and crossing structures within the City's jurisdiction. Where feasible, these standards also apply to improvements to the existing drainage system. Organization and Structure The Storm Water Master Plan reflects the direction that the City expects to take with regard to storm water management within its jurisdiction. This vision i: by Storm Water Management Policies which establish the for implementing the Storm Water Master Plan and its ~. Criteria & Design Manual. The Storm Water Management Policies doeumenl issues related to Flood Protection, Drainage, Maintenance, Water Quality, and Quality of Life. Participation, Each successive level of an "Issue Pyramid' described as follows: four levels are Issue: A broad area that determines the standard. Goal: on a issue. Objective: A the Policy: of "ISSUE PYRAMID" requirements on the analysis and design of storm water system components, and operating procedures, are defined as Criteria and are provided in the City's "Storm Water Drainage Criteria and Design Manual". These more detailed requirements will be consistent with and support the policies herein. Therefore, criteria are defined as technical or procedural standards that implement policies. Page 6 of 41 Exhibit "B' INTRODUCTION Page l ~ of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Note: The policy statements shown in the following pages were authored prior to their adoption and prior to the creation of supporting documents such as the "Storm Water Master Plan" and the "Storm Water Drainage Criteria and Design Manual", the grammatical tense of the policy statements and references to their supporting documents, are based upon the assumption that these will all exist and will all be adopted by the City Council. Page 7 of 41 Exhibit "B' INTRODUCTION Pege 12 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 ISSUE: FLOOD PROTECTION GOAL FP-I: PROTECT COMMUNITY LIFE & PROPERTY Background: The City has a flood protection and drainage system in place to help protect life and property from flood events. The system includes the bayfront seawall & levees, pump stations in the Central Business District, and various open and closed storm water conveyance conduits throughout the rest of the City's j: and criteria consistent with State of Texas drainage law governing the construction, operation and maintenance of the City's drainage system framework for providing flood protection. Objective FP-I.I: Minimize Potential Flood Damag, Policy FP-I.I.1 Existing Developed Areas. Where feasible, drainage system improvements and should be implemented to address and neasures Policy FP-I.I.2 New Construction. New construction in Special Emergency Management elevation of 15 inches above the (as defined by the Federal have a minimum first floor - "BFE" (per the current, applicable FEMA - Flood Insurance ~ - "FIRM") or 18 inches above the lowest adjacent top-of-c~, whichever is !n those loc. ations o~.utsi~de o~'~ Sp]~ial Flood Hazard Areas, new construction must nave a mimmum ill, libor ele~ of 18 inches above the lowest adjacent top-of- Poli~l ~ xt3~ r~ E.ven. t .Overflow. N,e~ .~ .~st i~.c~ude provisions in the design that prevent the flooding o .~ .tt~kOy .d. eta-w~ing and/or conveying the overland flow caused by a 100-year ,~s,i...~m]~out exceeding the lowest finished floor elevation of adjacent ~b .~;~l'es or critical facilities. fill,and ,flow paths may include streets, swales and open areas. Drainage systems m ~wal~, designed to avoid the creation of "depressed" or "bowl" areas that allow wat~ levels to rise above the finished floor elevation of existing or proposed structures. Where feasible, the extreme event overflow will be included in the design of in-fill and redevelopment projects. The Director of Engineering Services is authorized to determine the site-specific 100-year overland flow requirements for those project sites surrounded by existing development. FLOOD PROTECTION Page 8 of 41 Exhibit "B' GOAL FP-I Page 13 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 The City will develop ordinances that preclude property owners from blocking extreme event overflow corridors with obstructions such as, but not limited to, buildings, sheds, and fill materials and landscape alterations. Policy FP-I.I.4 Comply with FEMA Requirements. As a participant in thc National Flood Insurance Program - "NFIP", the City has adopted a flood plain managcmant ordinance that is consistent with the FEMA model ordinance. Chapter 13 of the City Code of Ordinances, Article V, Hazard Prevention Code regulates development in Special Flood Hazard by FIRM maps. Policy FP-I.I.5 Floodway Development Restrictions. Development in delineated floodways is restricted. allowed when a hydraulic analysis performed by a (State of Texas) demonstrates that thc proposed Flood Elevation and floodway elevations upstream. not adversely impact properties upstream and be Engineer Base must Objective FP-1.2: Property Owners Adjacent According to Section 11.086 of the permitted to adversely affect drainage Code, property owners are not g properties. Policy FP-1.2.1 Adverse water quantity Criteria and be as defined in the Storm Water Drainage such as: a) b) c) outfall channel design capacity; velocity; and, property. Water Master Plan anticipates the effects of future development. impact of future development is based upon land use adopted by the City's Area Development Plans. If a proposed a more intensive land use than assumed by the City's Storm then the project proponent shall be responsible for identifying, quantifying and mitigating the additional impacts to the drainage basin. Proponent mitigation may include an application for credit if another section of the proposed development represents a less intensive land use than assumed by the City's Storm Water Master Plan. FLOOD PROTECTION Page 9 of 41 Exhibit "B~ GOAL FP-1 Page 14 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Policy FP-1.2.2 Combined Impacts: The City will serve as custodian of the latest version of Storm Water Master Plan computations and/or analyses. This information will be available to those who are analyzing or designing storm water facilities trader the City's jurisdiction. A project proponent shall submit to the City staff for review and approval, a drainage report detailing the hydrologic and hydraulic analysis used to support the project. Once approved, the City will use the approved computations as the most current version of the Storm Water Master Plan and said computations, analyses and current plan available for public use. Policy FP-1.2.3 Regional Detention: Regional storm water detention is one option commonl, flooding. These regional facilities are public ' runoff from multiple properties within a v rate downstream of the facility. The City will regional storm water detention facilities. accordance with the Storm responsible for maintenance ~ 'educe water flow must be in Manual. The City is Policy FP-1.2.4 Local Detention Local on-site detention option for mitigating impacts storm water runoff from from the site. Design Drainage Criteria and are an acceptable They are used to store reduce the peak discharge flow rate be in accordance with the Storm Water Maintenance of local detention basins is the that can be ~11 earn landscaping and/or park dedication credits development requirements. ~hanneis & Right-of-Way. corridors and channels will be designed to convey runoff from the anticipated ultimate development of the serviced and private interests planning new drainage improvement projects and use Storm Water Master Plan guidance and information. FLOOD PROTECTION Page 10 of 41 Exhibit "B' GOAL FP-1 Page 15 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 ISSUE: DRAINAGE GOAL D-l: CONVEY STORM WATER RUNOFF EFFICIENTLY Background: The City of Corpus Christi has a drainage system in place to convey storm water. This system consists of: a) Rural Roads with Drainage Swales and Local Streets with Curb b) Inlets; c) Minor Underground Storm Sewers; d) Minor Channels; e) Minor Channel Crossing Structures; f) Collector Underground Storm Sewers; g) Collector Channels; h) Collector Channel Crossing Structures; i) Major Enclosed Storm Drain j) Major Channels; k) Major Channel Crossing Structures; 1) Pump Stations; and, m) Seawalls and Associated The purpose of the storm water developed areas to natural drainag~ s to convey storm water away from Public streets and ri can temporarily hold, egral part of the drainage system, because they during severe rainfall events. Objective D-I.1 components. and Levels of Protection both existing and new storm water drainage system are summarized in the table on page 4. The policy for reconstructing existing system current standards where "feasible". This means that, where in redevelopment: · upgrade components of an existing storm water conveyance system to e design storm; and, · will Levels of Protection equivalent to those established for new component construction. A hierarchy and prioritization of needs, based upon drainage complaints, history of localized flooding and actual property damage will determine improvement and upgrade priorities as established by the City. However, the policy language is not intended to require the City to undergo a comprehensive, feasibility study of the entire existing system to determine whether components can be upgraded to the adonted Level of DRAINAGE Page 11 of 41 Exhibit "B' GOAL D~I Page 16 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Protection. Upgrades will be considered on a case-by-case basis when improvements to an existing system are being planned either as a City Capital Improvement Program (CIP) project or as a proposed land owner re-development project. Where feasible, when reconstructed, existing major channels will be upgraded to the extent practical considering fight-of-way, water surface and freeboard limitations outlined for new major channels. Example upgrades to existing major channels include widening of the vertical sidewalls along the lower portions of existing trapezoidal and adding raised earth berms along the right-of-way while accommodate channel overbank flows. sections, to New System Components. New drainage constructed to meet the levels of protection "design storm" methodologies described in the City's and Design Manual. be designed and utilize the e Criteria Minor Storm Sewer Improvements. sized to meet requirements of the Improvements: must be Minor Storm Sewer must be used for local than 200 acres in size: · must convey streets; · for both on ~ for the local · for local and industrial development less rural road and residential collector a closed conduit to the full capacity roadside ditches. to "Collector System Improvements" must be sized of the 25-year design storm event. Collector system the area runoff from 200-500 acres; must convey nmoff from commercial collector and arterial streets; be designed as either open or closed conduit to full capacity of the service and, must be designed to convey runoff from assigned minor system sewer connections. Major System Improvements. "Major System Improvements" must be sized to meet requirements of the 100-year design storm event. Major system improvements: · must convey runoff for an area greater than 500 acres in size: DRAINAGE Page 12 of 41 Exhibit "B' GOAL D- 1 Page 17 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 · must convey runoff from major highways and freeways; · must be designed as either open or closed conduit to full capacity of the service area; and, · must be designed to accept runoff from assigned minor and collector system connections. Tailwater Effects. Due to the flat topography of the Corpus Christi region, design engineers shall ensure that downstream tailwater effects have in their hydraulic analyses for both new and upgraded storm water ~ Extreme Event Overflow. In addition, design engineers shall conveyance systems comply with the provisions of Flood Extreme Event Overflow . Given the background and introductory information, Objective of D-I.1, "Define Design Storms and Levels policies govern: meet the the following Policy D-I.I.1 Storm Water Drainage a) Rural Roads with with Curb & Gutter. The following policies apply and gutter), and urban streets with associated curb and gutter s must be designed in accordance with th~rm Water Criteria and Design Manual. Rural Roads- _R,.ur~l~.d.s .r~lst convey the 5-year design storm within the ~ i~acen~.,~.ge ditch without encroaching into the travel ,'~l~k~of tlt~oadway and must detain and/or convey the ~. ~i~)"-n~.. design storm without exceeding the lowest finished ~ ~oor ~levation of adjacent habitable structures and critical ~11~~ ~lities' t~t_~s- Local streets must convey the 5-year design storm without '~ .~' ponding overtopping the top-of-curb and must detain and/or ~r convey the 100-year design storm without ponding exceeding the lowest finished floor elevation of adjacent habitable structures and critical facilities. Collectors- Collector Streets (Residential and Commercial) must convey the 5-year design storm, limiting the depth and spread of ponding to allow a minimum of one open lane of traffic in each direction and must detain and/or convey the 100-year design storm without ponding exceeding the lowest finished floor elevation of adjacent habitable structures and critical facilities. DRAINAGE Page 13 of 41 Exhibit "B" GOAL D-I Page 18 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Arterials - Arterials must convey the 25-year design storm, limiting the depth and spread of ponding to the outside lane of parking or traffic (if no parking) and must detain and/or convey the 100-year design storm without ponding exceeding the lowest finished floor elevation of adjacent habitable structures and critical facilities. Freeways- Freeways constructed within the j Corpus Christi must convey encroaching upon the main lanes of and/or convey the 100-year exceeding the lowest finished habitable stnlctures and critical City of without detain ponding b) Inlets. Inlets on-grade must intemept 5-year desi ditch and urban street flows prior to or upon of-water limits. Storm water flows ' must be conveyed to the next inlet generated along the flow path, water limits appropriate to th ~pread- ' an on-grade inlet any additional runoff depth and spread of Sump or Sag inlets must storm, rural road swale and urban street flows prior to or the ponding depth and spread-of- water limits. "Extre~e event at new sump or sag inlets must comply with tl~larovisions 1 Protection Policy FP-1.1.3. c) Minor Unde~nd Stn~ers. Minor underground s!orm sewers must be designed with t~J~es~'~[l[ storm. The design hydraulic grade line (HGL) must ben,mired ~fl'n~tion 6-inches below the gutter line at inlets and 12- inc~ fl~lexfation at manholes. d)~in.~ .,-121~., B. ecaus, e. of historical difficulties with maintenance, and to A~na~. e.aesthetic problems associated with minor channels, the construction ~ ofl~ miit~channels must be prohibited. Where a minor system is warranted for ,~ ~i~e. c"~a~.ce of storm water, minor underground storm sewers must be '~ d6sign~ and constructed in lieu of an open minor channel system. Ditches '~. cent to rural road sections and temporary private ditches are exceptions to this ~glicy. For upgrades to existing minor channels, where replacement with an underground storm sewer is deemed unfeasible, the existing minor channel will convey the, 5- year design storm. The design water surface elevation will be limited to an elevation one foot below the top of the channel (1 foot of"freeboartf'). DRAINAGE Page 14 of 41 Exhibit "B" GOAL D-1 Page 19 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 e) Minor Channel Crossing Structures. New minor channel crossing structures must be prohibited; underground storm sewers must be utilized. Regarding upgrades to minor channel crossing structures, which include culverts and bridges at rural (non-highway) roads, and local and collector (residential and commercial) streets: where replacement with an underground system is deemed unfeasible, these structures will be upgraded to convey the 5-year design storm, and the design water surface elevation must be limited to an 1-foot below the top of channel (1-foot of"freeboard"). Collector Underground Storm Sewers. Collector must be designed with a 25-year design storm. Th~ (HGL) must be limited to an elevation 6-inches below 12-inches below the rim elevation at manholes. sewers and Collector Channels. Collector channels must be. storm. The design water surface below the top of the channel (1-foot of' 25-year design elevation 1-foot h) Collector crossing structures, which include culverts and roads, and local and collector (residential and be designed with a 25-year design storm. The design water s must be limited to an elevation 1-foot below the top,the channel ( 0' Major Enclosed Storli~)rain ~ipe and Box Systems. Major enclosed storm drain pipe anch~l~.sys[.e~e designed with a 100-year design storm. The design HGL .m~l~l~it~o an elevation 6-inches below the gutter line at inlets ~.12'inci~lj~e rim elevation at manholes. j) ~s. ~Rajor ch~annels must be designed with a 100-year design ~o. rn~~ water surface elevation must be limited to an elevation 2-feet ~~t~of the channel (2 feet of "freeboard"). k Maioal~C~nnel ¢ ' ~)~a, jo,'~,anael Crossing Structures. Major channel crossing structures, which '~!ricl,ud .o~ulverts and bridges at arterial streets, railroads and State highways, must '~,d. esigned with a 100-year design storm. The design water surface elevation ~ust be limited to an elevation 2-feet below the top of the channel (2-foot of "freeboard"). 1) Pump Stations. Pump stations must be designed with a lO0-year design storm. m) Seawalls and Associated Outlet Control Structures. The design and/or reconstruction of seawalls and their associated outlet control structures must comply with the provisions of State and Federal Agencies under whose DRAINAGE Page 15 of 41 Exhibit "B" GOAL D-I Page 20 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 jurisdiction they fall. Unless superseded by more stringent State and/or Federal criteria, at a minimum, the 100-year design storm governs the design of seawall/outlet-related storm conveyance systems. DRAINAGE Page 16 of 41 Exhibit "B" GOAL D-1 Page 21 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL D-2: IMPLEMENT STORM WATER MANAGEMENT METHODS Background: The City is responsible for the overall planning and implementation of surface and sub-surface drainage systems in its jurisdiction. The City is also responsible for flood plain management and controlling the introduction of construction, industrial and municipal pollutants into storm water runoff. Comprehensive storm water management planning and policy technically correct design procedures will foster consistent management practices within the city. The City will enforce Water Master Plan and supporting Storm Water Drainage These documents provide the technical and procedural analysis and design of storm water detention ~ City's jurisdiction. with Storm to support within the Objective D-2.1: a Manual In 2003, a Storm Water Drainage Criteria and the technical guidance for the Cit, r Plan. prepared to serve as Policy D-2.1.1 Compliance Criteria & Design Manual. Engineering design of storm in the City and its ETJ must be performed in accordance~vith the City's Water Drainage Criteria and Design Objective D-2.2: Im~~l~er Syslem Design Process Policy D-2 .~. Sto. r~;stem Design Review. Cit l ie . pprove storm water detent!on and conveyance facility .ccordance with ¢ity s Storm Water Master Plan ~'~o~cy .n~.2nh~p. dated-~'X~ ~"~ Design Information. ~ stdl~ and methods of hydrologic and hydraulic computations will be based N~Pdat,ed !nf.o .n'nation.. The City's Storm Water Master Plan will be based on cu~adopted plans within the watershed. Policy D-2.2.3 Current Hydrological Information. The City should continue to collect additional rainfall data from an expanded system of rainfall collection and measurement stations. Using this additional rainfall information, and when appropriate, the City will periodically review and revise the hydrologic analysis parameters located within the Storm Water Master Plan and the Storm Water Drainage Criteria and Design Manual. DRAINAGE Page ! 7 of 4 ! Exhibit "B" GOAL D-2 Page 22 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft ISSUE: CITY/DEVELOPER PARTICIPATION City Project No. 2083 GOAL CD-I: DEFINE CITY / DEVELOPER PARTICIPATION Background: The City shares the responsibility for development of storm water system improvements with private and public development interests and agencies (referred to here as the "Developer"). It is important that roles and responsibilities of each party are clearly defined and understood. The purpose of these policies is to define these roles and responsibilities. Objective CD-I.I: Define Storm Water Policy CD-I.I.1 Storm Water System - Project Criteria. The Storm Water Master Plan and Storm' governs the planning, design and construction within City jurisdiction. Manual a) Authority. Design Manual are adopted Services is authorized to Water Master Plan and Storm tter Drainage Criteria and The Director of Engineering corrections to the Storm e Criteria and Design Manual. Non- technical revisions to the will be made by amendment approval by the City, cji. b) Public Acces~The C~ll~ake available to the public the Storm Water Master Plan, ~ top~ll~hic mapping, the Storm Water Drainage Criteria and Des~ Man~l~(ed~hydrologic and hydraulic analysis tools. The City may deR an a~l~inist/~tive fee schedule to cover publication and reproduction c, .~n a~~ge Report Submission. When proposing storm water system ~, !~e,m~: the Developer is responsible for submitting for review and ~ ~,ppr~o~ig~ineered construction ,drawings and a supporting drainage analysis n~L~port 1Jlreonformance with the City s Drainage Criteria and Design Manual. The ~eloper is responsible for initiating basin hydrologic and hydraulic analysis for ~ not yet addressed by the Storm Water Master Plan. A Licensed Professional Engineer authorized to practice in the State of Texas shall prepare plans and drainage analysis reports. d) Plan Review. The Developer is responsible for any applicable basin hydrologic and hydraulic analysis. Engineering analysis will be prepared and submitted by a Licensed Professional Engineer who is authorized to practice in the St~ CITY/DEVELOPER PARTICIPATION Page 18 of 41 Exhibit "B" GOAL CD-I Page 23 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 The City is responsible for review and approval of submitted storm water system engineering analysis and construction plans. City review and approval will be by a Licensed Professional Engineer who is authorized to practice in the State of Texas. Prior to formal review, the City will conduct an administrative review for submission completeness. City plan review comments will be returned to the Developer within 30 calendar days of the date of determination of plan submission completeness. e) Variance Procedure. The project proponent is analyzing, requesting, documenting and mitigating The Director of Engineering Services has authority water system improvement design variances. The Services is authorized to determine if the proposed is eligible for a design variance or is to Requested or directed amendments to the presented to the Planning Commission for an prior to project construction plan applicable Storm Water Master Plan of amendment. must be Then, adoption of the Construction Inspection and inspecting and acceptinl the ~ The Developer is in conformance with approved City is responsible for system improvements. water system improvements g) Project Close ( right-of-way and/or infrastructure. ~ compliance is is for ensuring requisite drainage in place prior to City acceptance of public right-of-way/easement submission plat approval. The City may withhold public acceptance pending receipt of the required parcel formatted as prescribed by the City and the Engineer-of-Record. If necessary, the City may permits and terminate temporary utility secure the record drawings. Water System - Drainage Right-of-Way. Master Plan and Storm Water Drainage Criteria and Design Manual rge right-of-way requirements for storm water system improvements within City jurisdiction. a) Usage. Drainage right-of-way will be acquired by dedication for Collector and Major System Improvements. b) Delineation. The City is responsible for delineating and/or determining the 100- year flood elevation in natural drainage ways; future greenways and habitat CITY/DEVELOPER PARTICIPATION Page 19 of 41 Exhibit "B" GOAL CD-I Page 24 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 protection features; and drainage right-of-way width and location requirements for collector and major system improvements and regional detention facilities. When submitting an independent hydrologic and hydraulic analysis for City review and approval, the Developer shall delineate the proposed' fight-of-way parcel requirements. c) Acquisition and Dedication. The City is responsible for the acceptance and acquisition of drainage fight-of-way. planning, The Developer is responsible for dedicating requisite way. For on-site dedication of land in excess of the in lieu of park dedication will be given. When development precedes City acquisition, securing and dedicating requisite off-site availability of funding, the City will dedication efforts. The Developer is fight-of-way dedication until space areas along natural parameters of off-sit, for Subject to off-site the cost of off-site designated key open fall within the Policy CD-I.I.3 Storm Water Easements. The Storm defines drainage within ater Drainage Criteria and Design Manual for storm water system improvements a) Usage. Sewer S will be acquired by dedication for Minor Storm is responsible for determining drainage easement width The Developer shall indicate by plat and submit for City easement dedication. and Dedication. The City is responsible for accepting dedicated easements. The Developer is responsible for dedicating requisite on-site easements. When development precedes City infrastructure, the Developer is responsible for securing and dedicating requisite off-site drainage easement by separate instrument. The City may accept a temporary private conveyance agreement in lieu of an off-site drainage easement. CITY/DEVELOPER PARTICIPATION Page 20 of 41 Exhibit "B" GOAL CD-I Page 25 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Policy CD-I.1.4 Storm Water System - On-Site Development. a) Minor Storm Sewer Improvements. The Developer is responsible for minor storm sewer construction. b) Collector System Improvements. The Developer is responsible for collector system construction. e) Major System Improvements. In the absence of exi Developer is responsible for major system construction of s ultimate development. The City will reimburse the major system construction when funding for this purpose. The Developer is responsible construction until reimbursement is made. the cost of is the ' of Policy CD-I.I.5 Storm Water System - Off-Site a) Minor Storm Sewer Improvements. storm sewer construction of suffi adjacent off-site property. over-sizing the minor available and is carrying the cost of constmctio~ for minor development of Developer for the cost of when funding becomes Developer is responsible for made. b) Collector System l~rovements. Developer is responsible for collector system constructio~n~cien~capaeity for ultimate development. The City will reimbursa~,Dev~e~ .~ the cost of over-sizing the collector system improvements, t~l~f-si~P~apacity contxibution only when funding becomes availabl ~j~nd is l~[p6'~d for this purpose. The Developer is responsible for c~ d~nsffuction tmtil reimbursement is made. c)~]~aj ,~ .~provem~ ' ents. In the absence of existing infrastructure, the ~ ~l~l[elop~kis responsible for major system construction of sufficient capacity for ~,ult.~ ~l~3~n~int. The City will reimburse the Developer for the cost of ~ ~ajo~m constr~_ction when funding becomes available and is appropriated ~f6r thig'.purpo~_e. The Developer is responsible for carrying the cost of struction until reimbursement is made. Policy CD-I.I.6 Storm Water System - Major System Channel Development. Upon acquisition of property or rights-of-way, by purchase or dedication, for Major System Channels, the City will allow access and make available channel excavation material in exchange for Major System Channel construction. CITY/DEVELOPER PARTICIPATION Page 21 of 41 Exhibi! "B" GOAL CD-1 Page 26 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Construction must conform to City authorized engineering analysis and construction plans and specifications. Third party interests may submit engineering analysis and construction plans for Director of Engineering review, approval and authorization. The City will determine the sequence and location of authorized channel excavation. Objective CD-1.2: Promote Orderly Growth of the Storm Water System Policy CD-1.2.1 Storm Water System - Orderly a) Major System Improvements - Development. The for funding the planning, design, acquisition and system improvements. The City will promote the storm water system by determining when and major water system improvements are required. b) Collector System Improvements development, the City will fund the construction of collector storm water in-fill land acquisition and CITY/DEVELOPER PARTICIPATION Page 22 of 41 Exhibit "B' GOAL CD-1 Page 27of46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 ISSUE: MAINTENANCE GOAL M-l: MAINTAIN STORM WATER SYSTEM Background: Management of the City's storm water system requires periodic inspection, inventory, maintenance, and rehabilitation or replacement of deficient system components. Storm water systems maintained in good condition hel capacity, protect water quality and reduce operational and capital costs. Objective M-I.I: Storm Water System Maintenance The components of the City's storm water system are listed of Drainage Goal "D-I". The following policy system maintenance program dealing with those ~ r's storm water Policy M-I.I.1 Design Requirements. Storm water facility design must consider operational requirements. City activity requirements are met drainage right-of-way and Master Plan and/or access, safety and and maintenance Design must provide the in the Storm Water gn Manual. Policy M-l.l.2 uirements. a) Img system ' Access. Collector and Major storm water within a Drainage Right-of-Way (ROW). ',ized to accommodate maintenance access and h) oint use amenities in Drainage ROW such as bike paths, and other utilities will be encouraged and permitted where it is safe where it enables the City to maintain drainage infrastructure. oint occupancy utilities should be placed underground. r not encroach upon the Drainage ROW. d) Temporary Fill Restrictions. Requests to allow the temporary placement of fill material during construction within a Drainage ROW must be submitted for review and approval by the City. MAINTENANCE Page 23 of 41 Exhibit "B' GOAL M-2 Patio 28 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Policy M-l.l.3 Drainage Easement Requirements. a) Improvements and Maintenance Access. Minor storm water improvements must be located in Drainage Easements. Drainage Easements must be of sufficient size to accommodate maintenance access and operational requirements. b) Public Use. Joint occupancy with other public utilities may be permitted so long as other utility occupancy does not impede or interfere and maintenance activity. Where feasible, joint occupanc] be placed underground. c) Private Use. At the owner's risk, private drainage easement, subject to a Use Privilege amenities do not impede or interfere with The City is not be responsible for damages to easement that result from normal operations a long as such activity. d) Temporary Fill Restrictions. fill material within a ~ placement of authorization. Policy M-l.l.4 Drainage When necessary and feasible, the City and/or drainag~ enhance operations additional drainage right-of-way order to improve access and Policy M-l.l.5 uirements. Joint required to Drainage ROW or Drainage Easement are to the City when the City determines that a utility's water operations and maintenance activities. System Criteria and Data Periodically. Research. The City will continue to research and investigate local information. On a periodic basis not to exceed 5 years, the City will and update as appropriate, the methods used for estimating the discharges given storm recurrence intervals. b) Storm Water Master Plan. The City will review and post appropriate updates as necessary. c) Storm Water Drainage Criteria and Design Manual. The City will review and update as appropriate the Storm Water Drainage Criteria and Design Manual on a regular basis, not to exceed 5 years. MAINTENANCE Page 24 of 41 Exhibit "B" GOAL M-2 Page 29 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 d) Incremental Development and Approved Variances. The City will monitor and document incremental development and/or approved variances that depart from the approved Storm Water Master Plan and Storm Water Drainage Criteria and Design Manual. The City may develop a fee schedule and collect a fee to cover the administrative costs of tracking incremental development and/or approved variances. The City may authorize, on an individual basis, a private third-party to conduct system modeling and submit requested revisions to the Storm Water Master Plan for staff review and subsequent for Planning Commission approval/rejection. All third-party analysis and Master Plan revision requests must be prepared by a Engineer authorized to practice in the State of Texas. Policy M-l.l.7 Private Off-site storm water conveyance by means of discouraged, and are subject to the following provisions: is strongly a) Maintenance Agreement. For any shall agree in writing with the the life of the agreement or water improvements are put the developer periodic maintenance for underground storm b) Term. Temporary than a five-year shall design and dedicated drainage expiration of will be limited to no longer )f the agreement, the responsible party storm water improvements and provide a at no cost to the City. Upon f permanent improvements are not in place, the complete construction. of a private storm water facility to the City's storm in conformance with the City's Storm Water Drainage private ditches are prohibited from accepting additional Temporary private ditches may not connect to the City's storm prior to written agreement. ~ M-l.l.8 MS-4 Co-Permittees. a) Coordination. The City and its MS4 Co-Permittees should develop intergovemmentai agreements, mutual courtesy notification procedures and other measures that promote storm water system operations and maintenance. b) Responsibility. MS4 Co-Permittees are responsible for the operation and maintenance of the storm water system under their jurisdiction. MAINTENANCE Page 25 of 41 Exhibit "B' GOAL M-2 PaOo 30 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL M-2: ENVIRONMENTALLY SENSITIVE MAINTENANCE Background: Existing maintenance operations include ditch and channel mowing, channel side-slope re-grading and erosion repair, debris removal, street sweeping, and pipe and inlet cleaning operations. City maintenance operations should seek to minimize impacts to habitat and natural "quality of life" features. Objective M-2.1: Incorporate Procedures That Protect the Envi Policy M-2.1.1 Channel Maintenance and Channel Bani The City is responsible for the maintenance of open trash and debris removal. The City will erosion, reduce silt, and avoid degradation or vegetation. Unless open channel banks have failure, the practice of open cut discouraged where feasible. and vegetation on channel banks will' sediment, bank , or erosive excavation should be groundcovers Policy M-2.1.2 Adoption Pro Under appropriate conditions of '' and security, the City will consider allowing local~mmunity participate in an "Adopt-a-Drainaee ,,, ,rndor and/or an ~d~-Green~ay program. The C~ty will sponsor a s~milar ~mopt-a-Neighbo~ood Inl~L~ro~tn to promote local awareness of the potential impacts to receivin~ that~nlet can produce. P°lic~~~OV* p4rWetlands and Natural Drainage Corridors. '~[kCi~y will evaluate and encourage maintenance practices that enhance or preserve :;nt~ol, S and native vegetation for purposes of water quality filtration, erosion storm water velocity reduction and riparian habitat protection. MAINTENANCE Page 26 of 41 GOAL M-2 Exhibit "B" Page 31 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft ISSUE: WATER QUALITY City Project No. 2083 INTRODUCTION The Water Quality policies are designed to protect water quality within City jurisdiction through measures that address storm water quality in conjunction with compliance with federal, state, and local storm water pollution control requirements. A water quality management program: · Protects community health and welfare; · Maintains ecosystems and preserves the natural environment; · Complies with State and Federal statute. Accordingly, water quality policies are divided into two 1) Water Quality Protection policies which local environment within City j to protect the 2) Water Quality Regulatory commitment to adhere to discharge into waters of th~ Corn express the City's concerning storm water BACKGROUND Urban Development and Urban development from urban land Waste and residual materials generated handled, contaminate surface nmoff. Typically, As discharge many substances in addition to water. flows over pavements, lawns, driveways and other urban up considerable quantities of pollutants such as oil and grease, metals. Sediment from active construction sites often discharges Pollutants Primary pollutants generated by urban land use include sediment, nutrients, oil and grease, floatable debris, trace metals, toxic chemicals and pathogens. Dissolved oxygen levels in receiving waters can also be adversely affected. Federal Response to Water Quality The U.S. Environmental Protection Agency (EPA) developed the National Storm Water WATER QUALITY Page 27 of 41 Exhibit "B" BACKGROUND Page 32 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Program (NSWP) in response to legislation passed by Congress. The NSWP is a federal government initiative with the voluntary cooperation of authorized states and mandatory participation of many local government agencies. The program is being implemented in two phases with respective effective dates of October 1992 and March 2003. The first phase includes discharges associated with industrial activity (including construction activity) and discharges from all public storm water systems serving urban populations of 100,000 or more. The second phase includes all other public storm water systems (population of at least 50,000), plus other small public storm water or state criteria for designation. The second phase of the NSWP, amount of soil disturbance for construction projects from 5 acre areas EPA The Federal Clean Water Act of 1972 (CWA) Elimination System (NPDES) and has been amended: was the Water Quality Act of 1987, which establis discharge regulation in the United States. obtain a permit to do so, and the permit pollutant concentration. Discharge amendment for storm water pollutants must of the discharge and Waters Subject to Water Qualig Jurisdiction Waters within City Jurisdictio~hat are protection include: · Corpus Christi Bay r~ · Oso Creek · Nueces Bay · West Oso Creek · Oso Bay · Port of Corpus Christi Inner Harbor · · Petronila Creek · Nueces River · The Gulf of Mexico State to request EPA authorization to administer the NPDES program Once the EPA determines that the state has adequate legal authorities, to administer the program, authorization may be granted. the state NPDES programs must be consistent with minimum federal requirements. The EPA is also obligated to adopt standard requirements for state NPDES programs with guidelines that include monitoring, reporting, enforcement, personnel and funding. The Texas Commission on Environmental Quality (TCEQ) is the state agency that administers NPDES permitting for the EPA. The State of Texas has established standards WATER QUALITY Page 28 of 41 BACKGROUND Exhibit "B" Page 33 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 that protect the ways that water bodies will be used and has defined measurements that will assure the water quality is good enough to maintain those uses. Using these standards, the TCEQ monitors and assesses which water bodies meet the standards set for their use. The TCEQ publishes The State of Texas Water Quality Inventory or CWA Section 305(b) Report. This 305(b) report along with other available data and information on water quality are used to produce The State of Texas List of Impaired Water Bodies or CWA 303(d) List. Local Storm Water Regulation City municipal discharges have a broad The City is responsible for obtaining permit coverage ( 4S4 from the storm water system and meeting various operation (Storm Water Management Plan); scharges the system · The City is responsible for obtaining construction sites that they own; and industrial facilities or The City is permit requirements for operations within their jurisdiction. of storm water certain types of industrial The City, along with local the United States by has permission to discharge to Waters of Permit No. TXS000601. The City has Developmental examples of Best entering Management - Guidance Document for Activities" May 1997 includes numerous designed to reduce the amount of pollution document provides governing criteria within City WATER QUALITY Page 29 of 41 BACKGROUND Exhibit "B" Page 34 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL WQ-I: WATER QUALITY PROTECTION Background: Non-point pollution, carried by storm water runoff, can contribute to the decline of receiving waters. Storm water has been shown to convey elevated amounts of lead and other heavy metals, nutrients, bacteria, sediment, and silt. Pollutant concentration in storm water runoff is variable, dependent upon buildup during dry periods and runoff during rain events. Section 303(d) of the Clean Water Act requires the state of Texas to do not meet, or are not expected to meet applicable water quality For each listed body of water that does not meet a standard, the on Environmental Quality (TCEQ) must develop a for each pollutant identified as contribution to the impairment in rater body. A TMDL is a quantitative plan that determines the amount water body can receive and still meet its a also used to estimate how much the levels in order to achieve water quality a s. TMDL's are reduced from current To protect receiving waters, the implemented. management practices be Objective WQ-I.1: and Safety Policy WQ~I.I.1 Mi~ of Water Quality. Hurllan receiving area tends to degrade the water quality of local rill minimize such degradation: a) facility design must consider and address local soils; velocities in order to minimize scour and soil erosion. must be designed to prevent side slope toe failure, to prevent use vegetative lining where feasible, and to provide vegetative c) Management Practices. Storm Water Pollution Prevention Plans prepared with NPDES storm water discharge permits must incorporate and use the City's Best Management Practices (BMP's). Storm water system improvements must incorporate and use the City's BMP's. Natural Filtration Initiatives. When practical and economically feasible, natural ecosystem filtration methodologies such as storm water wetlands should be employed where collector and major channels discharge into receiving waters. Storm water discharges will not adversely degrade natural wetlands. WATER QUALITY Page 30 of 41 GOAL WQ- 1 Exhibit "B" Page 35 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Policy WQ-I.I.2 Drinking Water Supply Protection. Storm water drainage systems that discharge directly into waters that contribute to the region's surface drinking water supply, will be designed to meet acceptable runoff constituent levels. a) Storm Water Runoff Collection. In concert with local City should conduct or secure a pollutant mass loading discharges into those waters that provide drinking loading will be collected on a regular schedule, not the water mass period. b) Storm Water Runoff Analysis. The concentrations (pollutant mass loading modeling) further load reduction measures are required. of determine when c) Section 303(d) Clean Water Act. published the state of Texas applicable water quality City will work with the State capacity update when not comply with the "303d list". The condition assimilative Objective WQ-1.2: Maintain Natural Environment Policy WQ-1.2.1 Whenever water system improvements will maintain c) The City will identify, acquire and preserve for the purpose of preserving natural habitat, t maintaining water quality. The City will identify, acquire and preserve existing feasible and practical. Where feasible, the City will maintain the of existing wetlands downstream of development. The City will be review and comment on any proposed wetlands mitigation initiative jurisdiction. Detention. When feasible, the City will construct regional detention facilities that temporarily hold storm water, providing time for natural processes to have a positive impact upon water quality. WATER QUALITY Page 31 of 41 Exhibit "B" GOAL WQ-I Page 36 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL WQ-2: WATER QUALITY REGULATORY COMPLIANCE Background: Compliance with the requirements of the NPDES MS4 permit is mandatory; enforcement of these requirements is the responsibility of the City and its Co- Permitted agencies. The City Storm Water Department maintains a copy of both the current NPDES MS4 permit, and the companion Storm Water Management Program document. Objective WQ-2.1: Storm Water Regulation Compliance Policy WQ-2.1.1 Comply with NPDES MS4 Permi a) The City and those within its j~ Act and associated Federal and State existing National Pollution Discharge Separate Storm Sewer System (MS4) Permit. ~ater h the City's Municipal h) The City will maintain an jurisdiction that require and/or operate water discharge permit. within City of a NPDES storm c) The City will monitor compliance with the provisions water discharge pe~ within City jurisdiction for individual NPDES or general storm WATER QUALITY Page 32 of 41 Exhibit "B" GOAL WQ-2 Page 37 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 ISSUE: QUALITY OF LIFE GOAL QOL-I: ENHANCE THE QUALITY OF LIFE FOR THE COMMUNITY Background: Storm water drainage facilities can deteriorate and become a citizen- perceived nuisance. In addition, neglected facilities are more difficult to and can become a hazard to the surrounding community. One solution is the establishment of Greenways and linear' appearance of these open channels. When properly intermittent storm water runoff, provide habitat areas for and serve as buffer zones. These features should be promoted Future land use planning should encourage the inte habitat and storm water facilities. Detention and maintenance should optimize use of environments and natural floodplains native feasible, creek state. Objective QOL-I.I: Assets The Storm Water Department's Capital to reconstruct aging storm water facilities, safety, quality and Program will explore opportunities process remove hazards, improve value of the facility. Policy QOL-I.I.I The existing channel and detention facilities where suffering loss of hydraulic capacity. Where is available, the City will acquire adjacent land to serve as greenways. Parks and Recreation. coordinate and promote the creation of multi-use facilities and inter-connected park areas without compromising public safety or storm water system operations and maintenance activities. The City will explore means and methods to preserve open space areas within its jurisdiction. Preservation mechanisms of open space include property acquisition, acquisition by other non-profit agencies, and development restrictions through negotiated landowner agreements. QUALITY OF LIFE Page 33 of 41 Exhibit "B" GOAL QOL-1 Page 38 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 GOAL QOL-2: COMBINED GREENWAY/DRAINAGE FACILITIES Background: Greenways can provide a connective function between residential areas and parks, schools, shopping centers, and other areas of activity. Greenways established in conjunction with drainage corridors (such as open channels, creeks and streams) can provide a unique location for walkways, bikeways, and jogging trails away from automobile traffic. Within City jurisdiction there exist many opportunities for ~ facility development. Greenways designed in combination open channels will be encouraged where dedication of space for proper facility design and function. and Objective QOL-2.1: Establish Greenway Corridors Policy QOL-2.1.1 Establish & Protect Corridors. a) Identification of Greenways. The Corpus Christi Parks, Development Plans with key pieces of encroachment by other uses. that Master Plan, City of Master Plan and Area facility corridors, along will be protected from b) Purpose. walkways as altemati¥ linkage routes amenities including bikeways and regional detention facilities, and d community parks. c) Minimum right-of-way requirements for the of natural, enhanced or constructed wetlands, habitat, recreational corridors, and buffer zones will be corridors throughout the City. Right-of-way will be wide enough for drainage, flood protection, operations activities and along with greenway improvements. Greenway alignment follow natural drainage corridors and future storm water facilities. Private encroachment into designated greenways may not be Joint use recreation opportunities will not destroy passive elements of the greenway such as native habitat, wetlands, marshes, riparian areas, and buffer zones. QUALITY OF LIFE Page 34 of 41 Exhibit "B" GOAL QOL-2 Page 39 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 e) Promotion. Through developer requirements and incentives, capital improvements, and retrofitting of existing facilities, the City will promote and encourage the establishment of greenway drainage corridors and their interconnectivity with parks, residential neighborhoods, schools and shopping centers. Design. The design of these multi-use facilities will also consider the creation and/or protection of wetlands, ponds and marshes, the of wildlife and vegetative habitats, and the establishment of buffer Community Participation. The City will promote and and interest group participation in the planning, design, and associated improvements. citizen Policy QOL-2.1.2 Greenway Safety. The City is responsible for greenway developed with a focus on separating the drainage corridor. criteria will be hazards within Policy QOL-2.1.3 The City will identify and designate facilities in an integrated Transportation Plan Plan, Storm Water Master major system channels and detention consider the City's adopted Master ?arks, Recreation & Open Space Master Plans. Policy Where ~parian habitat and vegetation within and In addition, where feasible, natural drainage be delineated for preservation. QUALITY OF LIFE Page 35 of 41 Exhibit "B" GOAL QOL-2 Page 40 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft CityPr~e~No. 2083 GLOSSARY OF "KEY WORD" DEFINITIONS Area Development Plan: A component of the City's Comprehensive Plan that give major consideration to land use issues and address allocation of services, facilities and other area-specific issues. Their purpose is to provide decision-makers with a guide to manage future development. Base Flood: A base flood is the national standard on which the floodplain management and insurance requirements of the National Flood Insurance Program (NFIP) are based. Special Flood Hazard Areas (SFHA's) are depicted on FEMA Flood Insurance Rate Maps (FIRM's) and are areas subject to inundation by the base flood having a one-percent or greater probability of being equaled or exceeded during any given year (also known as 100-year flood event). Base Flood Elevation (BFE): An elevation of the water surfaO~,within a drainage corridor at which the sto~ie~ ~ from a 100-year event isolated based upon a FEMA-apprOg~l~/l~olo~l~ and hydraulic anal~t~ Best Manag~ (i~/IP's): Means or~eth'~ t-"~Jal[ll[l~$uce pollut~a~,t loadin~ ~st~ ~ elements. BMPs canoe ',eith'~l~kstru~t~firal controls or pr ~.al~.. no'~lg/ctural controls and practi~Non-stnfctural practices include hut are nl~q~ited to inlet cleaning, street sweeping al~ detention pond maintenance. Buffer Strip: Strip or area of vegetation used for removing sediment, organic matter, and other pollutants from storm water runoff. Capital Improvement Plan or Program (CIP): A projected schedule of capital projects based on estimated costs and expected funding levels. Channel: An open water conveyance facility side slopes ranging from two to to one uni Clean Water a number Io restore and maintain water resources. Open channels and drainage structures open channels that serve 00 and 500 acres. A "conduit" is any open or device for conveying flowing Criteria: A standard or rule on which a judgment or decision is based. Critical Facility: A facility that serves a critical function for the community. Examples include, but are not limited to water and wastewater treatment and conveyance systems, emergency operations facilities, and key telecommunication and electrical systems. Design Capacity: The amount of water that a storm water facility is designed to manage usually expressed in cubic feet per second for flow and cubic feet or acre feet for detention. KEY WORDS Page 36 of 41 Exhibit "B " Page 41 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Design Storm Event: "Design Storm Event" means the rainfall intensity upon which the drainage facility will be sized. Detention or To Detain: To temporarily hold storm water in such a way as to regulate its rate of flow, either to limit downstream impacts or to provide time for natural processes to have a positive impact upon water quality. Detention Basin: A storm water facility designed to capture and limit storm water flow Coy releasing it at a reduced rate) in order to reduce downstream impacts or to treat storm water to improve its quality. Elevation: "Elevation" means height above mean sea level. The vertical control system (benchmarks) referenced in the most current Flood Insurance Study must be used except in coastal areas where subsidence has occurred. Any future studies changing the Flood Map (FIRM) which i: to a later re-leveling of the system must be used FIRM become of rainfall such as free Developer: A proponent of a project that alters the natural state of the land upon which that project is to be built. A Developer can be a private landowner, a tenant, a partnership, company or corporation, or a government entity or agency. of the City limits City retains authority for of City ordinances, policies, regulations. For the City of Cbxisti, the ETJ is a line that is 5 beyond the City limits line. Drainage Basin: Any land which the point or receiving water. that materials to a point along a some and ("fee right of use. Property right, to install, operate storm water facilities. owned by others the City has proprietary Feasible: Refers to whether a project approach is technically viable. Although consideration to the economic practicality is included, it is understood that when a project uses design criteria that is less than the desired level it will be less costly. Project economics alone is not sufficient mason to state that meeting the desired criteria is not feasible. Federal Emergency Management Agency (FEMA): Federal Agency which administers the National Flood Insurance Program. Drainage Right-of-Way: Property fight, which enables the City to install, operate and maintain major storm water facilities. Right-of-Way dedication may be a fee simple transaction. Flood Insurance Rate Map - "FIRM": A map created by the Federal Emergency Management Agency, under the National Flood Insurance Program, that delineates flood hazard areas. ~YWO~S Page 37 of 41 Exhibit "B" Page 42 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Flooding: "Surcharge" that exceeds the level of protection of a facility. A surcharge that a community cannot live with. Hydraulic head or a hydraulic grade line above a certain unacceptable level. Geographic Information System - GIS: A digital, electronic data and information storage and retrieval format tied to a geographical reference such as a map of a city. Greenway: A linear open space established along either a natural corridor, such as a riverfront or stream or overland along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route. Hydraulic Grade Line (HGL): hydraulic profile of the piezometric level of the water, representin the of the depth of flow and the In open channel flow, the HGL is surface. Impervious: Land allow (or minimally of of rate and a given drainage Fhe development of undeveloped tracts of land urban development has already taken place. Intermittent Stream: A stream, or reach of a stream, that does not flow year-round and that flows when it receives base flow solely during wet periods, or it receives groundwater discharge from other erratic surface and shallow subsurface sources. Inlet: A structure that allows storm water to flow into a conveyance system. On- Grade Inlets are on a surface that slopes away from the opening, such that flow could bypass the inlet if clogged or at capacity. "Sump" or "Sag" Inlets are at low points. Level of Protection: of flooding that a community given a storm ~ and intensity, costs property convenience benefits. and other structures associated that serve drainage 500 acres. Sewers: Inlets, laterals, and ;torm sewer pipe or box systems that '. drainage areas more than 500 acres. typically serve subdivisions, residential streets, collector streets, and arterials. Master Basin Plan or Study: An in-depth investigation and analysis of drainage and storm water management needs of a particular watershed or study area. Usually limited to large basins where the expected improvements will entail large expenditures and phasing. Minor Channel: Open channels and other pertinent drainage structures associated with open channels that serve drainage areas less than 200 acres. Minor Storm Sewers: Inlets, laterals, and main storm sewer pipe or box systems that serve drainage areas less than 200 acres. KEY WORDS Page 38 of 41 Exhibit "B" Page 43 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 These typically serve subdivisions, residential, collector and arterial streets. Mitigate: Measures taken to eliminate an adverse impact caused by an action. cooperation with authorized States and mandatory participation of local government agencies. This program regulates storm water discharges throughout the United States. Model (Analysis): Approximations of the hydraulics and hydrology of a drainage basin based upon mathematical derivations of quantifiable relationships between various factors. These factors usually include, but are not limited to, area, slope, soils, drainage system characteristics, rainfall and land use. MS4: Municipal Separate Storm Sewer System - A conveyance or system that is owned or operated by a State, City, Town, Association, or other public body which is designed or used for collecting or conveying storm water. MS4 Co-Permittees: City of Corpus Christi and Christi District, Corpus Christi Port of Corpus Christi Texas Must: National Created that in 1968 flood insurance to enact and Pollutant Discharge (NPDES): The national program for issuing permits and enforcing requirements of the Clean Water Act. Non-Structural Controls and Practices: Pollution and methods which "Structural Controls"; as first step in water ~ Outfall: water leaves a system. The ultimate is usually a "receiving A stream that flows all the calendar year groundwater discharge or The water in a perennial lower than the water adjacent to the region adjoining the Pervious: Land surfaces that allow the penetration of water. A decrease in pervious area will increase the rate and volume of mnoff from a given drainage basin. Policy: A plan or course of action, as of a government, political party, or business, intended to influence and determine decisions, actions, and other matters Pollutant: Generally, any substance introduced into the environment that adversely affects the usefulness of the resource. National Storm Water Program (NSWP): A Federal government initiative directed by the U.S. E.P.A. with voluntary Pollution: Generally, the presence of matter or energy whose nature, location, or quantity produces undesired environmental effects. Under the Clean KEY WORDS Page 39 of 41 Exhibit "B" Page 44 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Water Act, the term is defined as the human-made or human-induced alteration of the physical, biological, chemical or radiological integrity of water. whose flow is perennial or intermittent. Classified by the path taken to a channel, runoff may be surface, subsurface or groundwater flow. Proponent: An entity, public or private that initiates, promotes, and advocates the planning, design, and construction of a particular project. A proponent can be the City, another government agency, a developer, or other private citizen or group. Receiving Water: A body of water that receives and stores storm water flow. Typical bodies include, but are not limited to, lakes, creeks, bayous, rivers, bays and oceans. Shall: A directive or requirement. Sheet Flow: not conveyed in typically in excess conduit or roadside. is and is of the Should: Special Those dr~nage have been 100-year flood Redevelopment Project: A change in land use that alters the impervious cover one type of development to either the same type or another type, and takes advantage of the existing infrastructure in as a drainage outlet. Rehabilitation Project: renovation Retention or To store storm water to into a storage r where no outfall is storm water facility that outfall and the discharge which is limited to percolation, evaporation and evapotranspiration. Runoff.. The residual precipitation remaining after deduction of interception and evapotranspiration losses. It appears in surface channels, natural or man made The ability of a system to manage runoff "surcharging" into the street. water: Flow of water, which & which occurs immediately after a rainfall event. Storm Water Management Facility: A feature that collects, conveys channels, holds, inhibits or diverts the movement of storm water. Structural Controls and Practices: Physical means and methods to control storm water runoff or to reduce any potential pollutants from being introduced into receiving water. Surcharge: The runoff in excess of the actual capacity of a storm water facility. Swale: A very shallow open storm water conveyance facility. Tailwater: The water into which an outfall discharges. KEY WORDS Page 40 of 41 Exhibit "B" Page 45 of 46 City of Corpus Christi - Storm Water Management Policies Issues, Goals, and Objectives Final Draft City Project No. 2083 Water Quality-Based Limitations: Effluent limitations applied to discharges when more technology-based limitations would cause violations of water quality standards. Usually applied to discharges in small streams. Water Quality Criteria: Levels of water quality expected to render a body of water suitable for it's designated use. Criteria are based on specific levels of pollutants that would make the water harmful if used for drinking, swimming, farming, fish production, or industrial processes. Water Quality Standards: State-adopted and EPA-approved ambient standards for water bodies. The standards prescribe the use of the water body and establish the water quality criteria that must be met to protect designated uses. Watershed: The land area that drains into a stream. The watershed for a major river may encompass a number of smaller watersheds that ultimately combine at a common delivery point. Wetland: An area by surface or adapted for soil conditions, fens, Will: e that, is generally (Can be issues though). KEY WORDS Page 41 of 41 Exhibit "B" Page 46 of 46 Robyn Cobb US Fish & Wildlife Service c/o TAMU-CC Campus Box 338 6300 Ocean Drive Corpus Christi, TX 78412 TO: FROM: SUBJECT: DATE: Honorable Mayor and City Council Robyn Cobb, Storm Water Management Advisory Committee Member Storm Water Management Policies Januaxy 23, 2003 The 4t~ reservation on the Cormmttee's list deals with the influence of storm water nmoff on the water quality of receiving water bodies, in our case, Corpus Christi, Oso and Nueees Bays and parts of the Laguna Madre. I would just like to go one step further with the language in that reservation and make the point that the big collectors and absolutely thc big channels of the City's storm water system, should not be either underground structures or concrete-lined ditches. Additionally, the parts of the system that must be underground, like the smaller storm sewers under residential areas of the city, should discharge into the larger, unlined, above-ground, vegetated parts of the system in places where the water has enough of a chance to e adequately filtered before it gets to the receiving waters. Thanks for the opportunity to add comments, Robyn Cobb EXHIBIT "C" Page 1 of 3 921 NORTH CHAPARRAL · POST OFFICE BOX 6950 ° CORPUS CHRISTI, TEXAS 78466-6950 (361) 857-8991 · FAX (361) 881-9797 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL DATE: January 22, 2003 FROM: LEON S. LOEB, CO-CHAIRMAN, STORM WATER MANAGEMENT ADVISORY COMMITTEE SUBJECT: STORM WATER MANAGEMENT POLICIES When the Storm Water Management Advisory Committee began its work many months ago, it became dear very quickly that the choice of Levels of Protection and the associated design standards for streets and drainage facilities would have a far-ranging implications. At that time, I encouraged the Staffand the Consultants to accompany their specific recommendations with a cost analysis of different alternatives, so that the Storm Water Management Advisory Committee could make recommendations in the context of some sense of the costs and benefits of choosing particular alternatives. I am sad to say that the policies presented to you now have little or no such analysis and justification. The proposed Storm Water Management Policies, taken as a whole, do represent a comprehensive and coherent approach to the management of storm water in our eommuff~ty, and, as a whole, do move us toward a first-class, "best practices" storm water management system which will provide a higher level of performance, measured (1) by the ability of citizens and emergency services to move about the city during severe rainfall events and (2) by a reduction of the risk of the intrusion of water into homes and businesses. It is evident, however, that the adoption these Policies will increase the cost of constructing new subdivisions and new municipal infrastructure(Developer Costs), increase the level of capital improvements required to upgrade the existing storm water infrastructure(CIP Costs), and increase the City's cost of operating and maintaining the storm water system (Operating Costs) over current practice. While important, storm water management represents but one facet of municipal infrastructure and services, and in a world nf limited resources the policies established for storm water management will necessarily impact the resources available for other important, facilities and services. I am concerned that the adoption of these policies without careful examination of their cost implications will have the effect of establishing priorities for municipal and private expenditures which we would not support il'we knew their costs and benefits. We have not answered the questions "do we need this much?", "is it worth the money. , and "can we afford it?" EXHIBIT "C" Page 2 of 3 I believe that the 5/25/100 year Levels of Protection and related street design standards specified in the Policies should be fi~rther reviewed, and possibly revised, to take into account the Developer Costs and CIP Costs involved. I do not see evidence of convincing economic analysis to support the Levels of Protection and related street and drainage component design standards, · Are the 5/25/100 year levels currently specified in the Plan necessary, when compared to the a developer's cost of providing that required Level of Protection? · For example, is the differential cost of constructing a system which ponds only to the curb, rather than to the back of the sidewalk, during a five-year design event a worthwhile expenditure? · Is there evidence that the Levels of Protection and street design standards now in use are generally inadequate, or are there only isolated and localized failures due to mis-design or poor construction? · Is it possible that a slightly lower Level of Protection. at a lower cost to the Developer, will be sufficient to provide residences and businesses with satisfactory protection? · Will the 5/25/100 year Levels of Protection in the proposed Plan increase the cost of residential lot development to a degree that it will not be economically feasible for developers to construct subdivisions for new housing? The Council should not adopt these Policies in final form without an understanding of their impact on Developer Costs, CIP Costs, and Operating Costa 1 believe that it is possible for your Consultants to model these cost factors, and that the appropriate choices of Levels of Protection and Design Standards should be reviewed in the context of their related costs and benefits. EXH1BIT "C" Page 3 of 3 Proposed Storm Water Policies 1/9/03 Draft MASTER PLAN PROJECT Overview of Proposed Policies 3anuaw28, 2003 CiB, of Co~¥us Christi SWMACI Planning Commission TASK PROJECTSTATUS ioo% EXHIBTI "D" Page 1 of 11 Proposed Storm Water Policies 1/9/03 Draft Community Participation · Proposed policies have been developed in a year-long process that encouraged stakeholder participation · Where we have been: · Oby Workshop - 2/$/02 · Development Services Ad~sory Group - 2/8/02 and ?/9/02 · Storm Water ?4anagement Ad~sory Committee (SWf4AC) - 2/21/02 and 4/12/02 · Technic. a/A~4$ory Group - 3/7/02} 4/9/02; 7/1/02 · P/annin9 Commies/on - 3/13/02 · Newsletter to Pub/lc & Web$ite - 3/25/02 · Texas Sodety ofProfes$/ona/En9ineer~ {TSPE) - 4/16/02 · Town Hall MeeUn9 - 4/17/02 · NorthwestBu~nessAssodaUon-4/25/02 · Sodety of Amedcan Military Engineers {SANE) - 5/9/02 · O~y Coundl Workshop - 11/18/02 · Capita/Improvement Program Public Healing - 12/10/02 Technical Advisory Group · TAG organized to assist in developing policies and design standards consistent with local conditions · Participants includes: · Local consulting engineers · Real estate developers and builders · Env/ronmental/nterests · City staffmembers · Planning Commission and SWhCAC representatives · TAG held three workshop sessions EXHIBIT "D" Page 2 of 11 Proposed Storm Water Policies 1/9/03 Draft IdentiFmd Storm Water Issues · Flood Protection · Drainage · City/Developer Participation · Maintenance · Water Quality · Quality of Life Issue: Flood Protection · Objective: Protect community life and property; minimize flood damage · Proposed Policies: · Addressing ex/sting r7ooding problems · Setting m/n/mum slab heights for new construcNon · Complying with FEMA requirements on elevation and//m/ting reconstruct/on · Restricting deve/opment in r7oodway$ · Providing for possible reg/ona/detent/on · Authorizing/oca/detention on private property · Requiring that master p/an corridors and channels be ab/e to service u/t/mate development EXHIBIT "D" Page 3 of 11 Proposed Storm Water Policies 1/9/03 Draft Issue: Drainage · Objectives: Convey runoff efficiently and implement new management methods · Summary of Proposed Policies · Establishing un/form m/n/mum Level of Protection design standards · Requiring design be done in accordance w/th master plan and design manual · Directing that all storm water system designs be reviewed & approved by the · Calling for collection of additional rainfall data and subsequent rev/s/on of hydrologic analysis parameters Level of Protection What Is It? The level of flooding that a community decides is acceptable given a storm event of a certain frequency and intensity, balancing costs against property protection and convenience benefits. Level of protection (LOP) values dictate the design standards that will be used for streets, bridges and culverts, drainage inlets, minor ditches, underground pipes and large drainage channels. EXHIBIT "D" Page 4 of 11 Proposed Storm Water Policies 1/9/03 Draft Corpus RAINFALL EVENT Impact of Setting LOP What Does It · Allows the Cib/to continue with the Master Plan process · Determines desi§n standards for dra/na~Te system · Has cost implications · Has safety imp#cations · Has property protection implications · Applies to future development · Applies to existing developed areas, where feasible Basis for Storm Water Criteria and Deslan Manual and St ter Mas Plan EXHIBIT "D" Page 5 of 11 Proposed Storm Water Policies 1/9/03 Draft LOP for Residential Streets Current Practice in City Proposed Design Standard Residential Streets Up to 5 Years 5 Years LOP for Co/lector Streets Various Current Standards Proposed Design Standard 5 Year Design Storm Collector Streets ;~Up to 5 Years 5 Years EXHIBIT "D" Page 6 of 11 Proposed Storm Water Policies 1/9/03 Draft LOP for Arterial Streets ~ Various Current Standards Proposed Design Standard Arterial Streets Various 26 Years LOP for hlajor Channe/$ Proposed Design Standard Major Ditches 25 Years 100 Years EXHIBIT "D" Page 7 of 11 Proposed Storm Water Policies 1/9/03 Draft Existin9 vs, Proposed Stan#a~~ Design Storm EYent ~requoncy ~tructu~es a oo t~0 R~i~fial SE~[ U p to 5 5 Cbll~t0~ SEe~ U p to 5 5 AAe~I Sffe~ts Various 25 hl~ Various 5 O~ite DitC~e~ & P ~oS (hot under s~e~) Mino~ D~i~age S~tem Up to 5 5 Collector Drainage S~tem Various 25 MajOr D~!nage s~tem 25 1 oo (~j~ C~an~!S~ Channel CmSs!ngs~ pump s~fions) STO~ wna ~ra ~. ~.o~tc~ ~ LOP Comparison to Other 5& 10 EXHIBIT "D" Page 8 of 11 Proposed Storm Water Policies 1/9/03 Draft · Objective: Define City/Developer participation responsibilities · Developers are defined as private and public development interests and agencies /ndud/ng school districts and TxDOT · Proposed Policies · Cost sharing policies were recommended by the Technical Advisory Group · In all cases where the City is to reimburse Developer cost it is subject to funds becoming available and being appropriated for that purpose · The Developer is responsible for carrying the cost of construction until reimbursement is made City Responsibilities · The City will: · Hake available plans, maps, manual and analysis tools · Review/approve plans/provide variance procedure · Inspect and accept developer constructed improvements · Delineate lO0-year Eood elevation, greenbe/ts and habitat · P/an and acquire right, f-way for major channels · Accept dedicated easements Reimburse off-site and on-site major system improvements Reimburse o~-si~ ROW acqu/sition costs Reimburse off-site over $/z/ng (m/nor & collector) · Once land for major channels is acqu/red~ City w/l/permit others to remove dirt in exchange for digging channel · Promote orderly growth and in-fill development through planning, ROW acquisition and construct/on of Collector and hlajor system improvements EXHIBIT "D" Page 9 of 11 Proposed Storm Water Policies 1/9/03 Draft Developer Responsibilities · The Developer shall: · Follow the Master Plan and City Design Manual · Prepare basin hydrologic and hydraulic analysis for each project · Submit plans for review and approval Ensure that required ROW or easements are/n p/ace and dedicated Construct all on-site drainage improvements Construct ail off-site m/nor and collector system components with sufrTc/ent over-s/zing of capacity for ultimate basin development Construct needed off-site major system improvements where absent Issue: I Iaintenance · Objectives: Maintain storm Water system utilizing practices that are environmentally sensitive · Proposed Policies: · Consider maintenance access and safety in storm water facility design · Encourage pub#c joint use amen/t/es in ROW · Where feasible, put utilities underground and out of way of maintenance operations · Where feasible, acquire additional ROW for access · Promote practices that decrease erosion · Preserve wetlands and habitat · Allow "Adopt-a-Drainage Corridor"program EXHIBIT "D" Page 10ofll Proposed Storm Water Policies 1/9/03 Draft Issue: ( uality of:Life . Objectives: Enhance the quality of life in the community · Proposed Policies: · IVake channe/s more attractive where ~ossib/e · Remove hazards and improve safety · Promote creation o£multi-use £acilities and greenway interconnected parks · Ident/fygreenway/ocat/ons/n a//C/ty master p/ans · Develop safety cr/ter/a for greenways to protect the public EXHIBIT "D" Page 11 of 11 DRAFT MINUTES STORM WATER MANAGEMENT ADVISORY COMMITTEE January 13, 2003 at 2:00 p.m. Water Utilities Conference Room 2726 Holly Road Corpus Christi, TX 78415 Members Present Willard Hammonds, II-Chairperson Greg Car~er Robyn Cobb Hector Estrada Richard Haynes Claudia Lobell Ed Lopez Leon Loeb, Co-Chairperson Henry Nuss Ted Stephens Dan Winship Staff Present Valede H. Gray, P.E., Director of Storm Water Operations Edgar Leonard, Asst. Dir. of Storm Water Operations Peggy Sumner, Environmental Services Superintendent Aurora Parlamas, Support & Educational Svcs. Supt. Jay Reining, Asst. City Attorney Ronald F., Massey, ACM-Public Works & Utilities Mary Frances Teniente, P.E., Design Engineer Joe Cavaliar, Engineering Services Mary Perez, Secretary STORM WATER MANAGEMENT ADVISORY COMMITTEE RECOMMENDATION: STORM WATER MANAGEMENT POLICIES STORM WATER MASTER PLAN PROJECT Motion by Leon Loeb; Second by Ted Stephens Recommend the temative adoption by City Council of STORM WATER MANAGEMENT POLICIES with the following reservations: the implication of the choice of level of protection (LOP) for Capital and Lot Development cost related to the collector system is not well understood and should be speCrfieally evaluated as to whether it should be based on a 10 year or 25 year storm event before final choice of LOP; · the specific means of implementing Developer and City participation in facility construction needs to be clarified; · the method of issuance of waivers and variances needs to be clarified; and · the policy needs to include avoiding direct storm water discharges to receiving waters without going through a vegetated filter. EXHIBIT "E" Pace 1 of 1 REGULAR PLANNING COMMISSION MEETING Council Chambers- City HaH Wednesday - January 15, 2003 5:30 P.M. COMMISSIONERS PRESENT: Shirley Mims, Vice Chairman NeiH F. Amsler Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone COMMISSIONERS ABSENT: David Berlanga, Chairman Robert Zamora PLANNING COMMISSION RECOMMENDATION: STORM WATER MANAGEMENT POLICIES - STORM WATER MASTER PLAN PROJECT Motion by Bryan Stone; Second by Neill F. Amsler Motion that Planning Commission will review the complete policies, design manual and plan when they are drafted by the consultants and tentative recommendation for adoption of the Storm Water Management Policies subject to: 1. Comparison of costs and benefits between onsite improvements and offsite major outfalls; 2. Comparison of costs and benefits of the existing and proposed street flood sections with respect to Level of Protection (LOP); 3. The location and frequency of the drainage inlets based on the existing practice vs the proposed LOP policies; 4. Detention ponds how practical is that with respect to small sites and small developments 5. Recommendation for satisfactory funding mechanisms at the end of the process. EXHIBIT "F" Page 1 of 1 RESOLUTION TENTATIVELY APPROVING THE STORM WATER MANAGEMENT POLICES, AND DIRECTING STAFF TO PROCEED WITH PREPARATION OF THE STORM WATER CRITERIA AND DESIGN MANUAL, INCLUDING THE PREPARATION OF ALTERNATE LEVELS OF PROTECTION WHEREAS, the City Council authorized the City Manager to enter into a contract with Goldston Engineering, Inc, to prepare a Storm Water Criteria and Design Manual and Storm Water Master Plan for the City of Corpus Christi on August 28, 2001; and WHEREAS, the City's consultants recommended the preparation of storm water management policies as the first step in the process to ensure community support for the standards that would be used in the Storm Water Criteria and Design Manual and Storm Water Master Plan; and WHEREAS, the City's consultants and staff undertook the process of developing the storm water management policies through meetings with the City Council, Storm Water Management Advisory Committee, Planning Commission, Development Advisory Group, other government entities, trade groups, and citizens; and WHEREAS, a technical advisory group composed of developers, builders, consulting engineers, environmental interests, and City staff was organized to develop and critique the proposals prepared by the City's consultants; and WHEREAS, as a result of the input from the various groups the final draft of the City of Corpus Christi Storm Water Management Policies, dated January 7, 2003, was provided to the Storm Water Management Advisory Committee and Planning Commission for their review and recommendations; and WHEREAS, the Storm Water Management Advisory Committee, at its meeting on January 13, 2003, recommended the tentative approval of the policies, but requested that several issues be addressed before the policies are formally adopted as an element of the City's Comprehensive Plan; and WHEREAS, the Planning Commission, at its meeting on January 15, 2003, also recommended the tentative approval of the policies, and also requested that several issues be addressed before the policies are formally adopted as an element of the City's Comprehensive Plan; and WHEREAS, the City staff agrees that the issues raised by the Storm Water Management Advisory Committee and Planning Commission need further development, but that further work on the Storm Water Criteria and Design Manual cannot proceed until the City Council provides additional guidance on the policies; and R3340ZA4.doc 2 WHEREAS, the Storm Water Management Policies and Storm Water Master Plan will not go into effect or be applied until they are formally adopted as elements of the City's Comprehensive Plan; and WHEREAS, once adopted as elements of the City's Comprehensive Plan, the Storm Water Management Policies and Storm Water Master Plan, and the Storm Water Criteria and Design Manual, will apply to future developments platted in both the City and its extraterritorial jurisdiction and to developments constructed within the City that require construction permits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The final draft of the City of Corpus Christi Storm Water Management Policies, dated January 7, 2003, are tentatively approved subject to further refinement. SECTION 2. The City staff is directed to proceed with the preparation of the Storm Water Criteria and Design Manual based on these policies. During the preparation, City staff is directed to examine the following issues: a. Whether the appropriate level of protection for the storm water collector system should be based on a 10 year or 25 year storm event. b. The number of traffic lanes that should be passable on collector and arterial streets during a 5-year storm event. c. Whether 5-year level of ponding in residential streets should be set at the top of curb, back of sidewalk, or some intermediate standard. d. The amount of design freeboard that is most appropriate for major drainage channels. e. Whether there should be a prohibition of future direct discharges into the receiving waters, such as the Nueces River and Cayo del Oso, that have not been filtered through a vegetative or mechanical filtering mechanism. f. The specific standards, guidance, and review procedures for the issuance of variances, and who should be involved in the process. g. When detention ponds would be practical and necessary for small sites and developments. h. The required inlet spacing for the proposed levels of protection. i. The appropriate drainage area sizing for the minor, collector, and major drainage areas. R33402A4.doc 3 SECTION 3. Since the existing draft is based on the assumption that the City may participate in some of the costs involved in developing new drainage facilities, the City staff is directed to continue consideration of alternative funding mechanisms. SECTION 4. In formulating the final recommendation on the City's storm water management policies, the City staff is directed to develop additional information and determine what the impact the proposed policies and alternatives will have on developer costs, future City capital improvement programs, and storm water operating costs, as well as the potential costs that might be incurred by individual residents when the recommended policies, if modified, are presented for formal adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 23rd day of January, 2003. James R. Bray, Jr. City Attorney R. ~l'y I~ining First Assistant Ci~ Attorney Samuel L. Neal, Jr. Mayor R33402A4.doc 23 AGENDA MEMORANDUM AGENDA ITEM: Amending Ordinance No. 025170, which ordered a General Election to be held on April 5, 2003, in the City of Corpus Christi for the election of Mayor and eight Council Members, to authorize a joint election with Del Mar College and to make changes in regular and early voting polling places. ISSUE: On Tuesday, January 21,2003, the Del Mar College Board of Regents voted to hold a Bond Election on April 5, 2003. Del Mar College has requested that their Bond election be held jointly with the City of Corpus Christi General Election. If the City approves the request, the ordinance calling the election approved on January 14, 2003 will have to be amended to allow a joint election and the following changes to election and eady voting polling places will need to be made: Add to Section 4 of the Ordinance: (Attachment A) · Precinct 10, Bluntzer School House, 5775 FM 666, Robstown, Texas · Precinct 28, Annaville Volunteer Fire Department, Rt. 3, Box, 132, Robstown, TX · Amend Precinct 57, to change the location for Precinct 57 from Del Mar College (Harvin Center), Baldwin & Ayers to Del Mar College (Administration Building), Baldwin & Ayers Add to Section 6 of Ordinance: Temporary Branch Polling Place Del Mar College (Administration Building) Baldwin & Ayers Amend to Section 6 of the Ordinance: Mobile Voting Schedule (Attachment B) Delete Del Mar East Campus from the mobile voting schedule for March 24 and substitute with Portairs Post Office, 4213 S. Port Avenue RECOMMENDATION: Approval of the ordinance as submitted. City Secretary AN ORDINANCE AMENDING ORDINANCE NO. 025170, WHICH ORDERED A GENERAL ELECTION TO BE HELD ON APRIL 5, 2003, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS, TO AUTHORIZE A JOINT ELECTION WITH DEL MAR COLLEGE AND TO MAKE CHANGES IN REGULAR AND EARLY VOTING POLLING PLACES; AND DECLARING AN EMERGENCY. WHEREAS, Del Mar College has requested that the City Council approve an agreement to hold a joint election on April 5, 2003, which would add to the City's general election bond propositions for Del Mar College; and WHEREAS, the taxpayers will benefit by the sharing of costs in the joint election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance No. 025170 (hereinafter, the "Ordinance"), which ordered a general election to be held on April 5, 2003, in the City of Corpus Christi for the election of the Mayor and eight council members, is amended as follows: A. Section 4 of the Ordinance is amended as follows: 1. Add the following polling places to Attachment A: -Precinct 10 - Bluntzer School House, 5775 FM 666, Robstown, Texas. -Precinct 28 - Annaville Volunteer Fire Department, Route 3, Box 132, Robstown, Texas. 2. Amend Attachment A to change the polling place for Precinct 57 from Del Mar College (Harvin Center), Baldwin & Ayers to Del Mar College (Administration Building), Baldwin & Ayers. B. Section 6 of the Ordinance is amended as follows: 1. Add the following temporary branch polling place: Del Mar College (Administration Building), Baldwin & Ayers. 2. Amend Attachment B to delete Del Mar-East Campus from the mobile voting schedule for March 24 and substitute therefor Portairs Post Office, 4213 South Port Avenue. C. The City Manager is hereby authorized to execute on behalf of the City Council the Joint Election Agreement between the City of Corpus Christi and Del Mar College, a substantial copy of which is attached hereto as Exhibit A and incorporated herein for all purposes. SECTION 2. All of the remaining provisions of Ordinance 025170 shall remain in full force and effect, and are fully incorporated herein for ali purposes, and are hereby approved and ratified as if set forth in full herein. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement 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 of provision hereof be given full force and effect for its purpose. SECTION 4. The fact that it is necessary and essential that the governing body of the City of Corpus Christi order this joint election, that the notice of such election should be promptly posted and published, that the election shall be held on the first Saturday in April 2003, and that the requirements of the Voting Rights Act of 1965 may be timely met, and immediate action is necessary for the efficient and effective administration of the City's affairs, creates a public emergency and an imperative public necessity requiring the suspension of the Charter Rule that no ordinance shall be passed finally on the date of its introduction by that such ordinance shall be read at two meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having required the suspension of the Charter Rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, the Council hereby finds that such emergency and necessity do exist, and IT IS ACCORDINGLY SO ORDAINED, this the day of January, 2003. ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: ~ o~ day of January, 2003 JAMES R. BRAY, CITY ATTORNEY TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter Rule as to consideration and voting upon ordinance at two regular meetings; I/VVe, 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 MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott CITY OF CORPUS CHRISTI EXHIBIT A AND DEL MAR COLLEGE JOINT ELECTION AGREEMENT This Agreement ("Agreement") is made and entered into on the day of January, 2003, by and between Del Mar College ("Del Mar") and the City of Corpus Christi("City") for the purposes and consideration stated below: WITNESSETH WHEREAS, City will hold its general election on April 5, 2003, and WHEREAS, Del Mar desires to hold a bond election within the boundaries of City on April 5, 2003, and WHEREAS, it is the finding of the governing bodies of the parties hereto that it would be mutually beneficial for Del Mar and City to jointly hold their elections and to jointly enter into an Election Services Contract for the provision of certain election services by the County Election Officer of the Nueces County, Texas, THEREFORE, Del Mar and City agree as follows: I. Election Res0onsibilities 1. In accordance with Chapter 31, Subchapter D, of the Texas Election Code, Del Mar and City agree jointly to enter into an Election Services Contract with the County Election Officer of Nueces County, Texas, for the provision of those certain election services described in the Election Services Contract attached hereto as Exhibit A and incorporated herein by reference. The County Election Officer, Ernest M. Briones, is hereby designated to perform the election services identified in as Exhibit A. The County Election Officer's designee Maria Biddle will serve as the Counting Station Manager of the Central Counting Station for the joint election. 2. In accordance with Chapter 271 (Joint Elections) of the Texas Election Code, City and Del Mar agree to hold their elections jointly on April 5, 2003. City shall conduct the election for Del Mar, including oversight and coordination of all necessary services. Both early voting and regular election day voting shall be conducted jointly. Armando Chapa, City Secretary of City, will serve as Election Officer for the Joint Election and as Eady Voting Clerk. The Election Officer will pedorm or cause to be performed all services necessary to administer the election in accordance with the Texas Election Code and City of Corpus Chdsti Ordinance No. 025170, as amended, calling the City election, including but not limited to: a. Conduct of regular and early voting at the sites approved in City of Corpus Christi Ordinance No. 025170, as amended. b. Oversee the handling and disposition of Del Mar election returns, voter ballots, and tabulation of unofficial retums, and preparation of the tabulation for the official canvass by the respective governing bodies. 3. Joe Alaniz is hereby designated the primary representative of Del Mar to oversee and coordinate with Armando Chapa in the conduct of the election. The Del Mar Representative will provide information services relating to the Del Mar election for voters and election officers, maintain custody of Del Mar election records and retums for a pedod as required by the Texas Election Code, and perform all functions reserved to Del Mar in this Agreement. 4. The Del Mar governing body will canvass votes for its election. II. Payment Del Mar agrees to pay City 50% of City's total expenses in conducting the election under this Agreement. Payment will be made within 30 days of receipt from the Election Officer of an itemized statement of the exact costs and expenses incurred and outstanding related to the performance of election services. III. Miscellaneous 1. Each party will prepare and file its own individual submission to the Justice Department for preclearance as may be required under Section 5 of the Voting Rights Act of 1965, as amended, and each will bear its own costs therefor. 2. Each party will individually arrange for posting or publication of its election as required by law, and will bear its own costs therefor. 3. Each party will be individually responsible for receipt and processing of filings of financial report statements by candidates and special purpose committees relating of its election, and will bear its own costs therefor. 4. The Election Officer will determine the ballot structure and layout, after consulting with the Del Mar Representative. A voter may not be permitted to select a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. IV. General Provisions 1. This Agreement shall be construed in accordance with applicable Federal Elections Laws, the Texas Election Code, and ail applicable laws of the State of Texas. 2. The Del Mar Representative and the Election Officer may agree to amend or modify this Agreement to the extent federal or state law requires additional or different actions by the election authority beyond the provisions of this contract. 3. This Agreement constitutes the entire agreement of the parties, supersedes any pdor undertakings or written or oral agreements between the parties and can be modified or amended only by a written instrument subscribed by each of the parties. Dated this __ day of January, 2003. CITY OF CORPUS CHRISTI DEL MAR COLLEGE David R. Garcia City Manager ATTEST: Armando Chapa City Secretary APPROVED ASTO FORM: James R. Bmy Ci~ AEorney ATTEST: 24 CITY COUNCIL AGENDA MEMORANDUM January28,2003 AGENDA ITEM: Resolution supporting Nueces County's efforts to restore the Historic Nueces County Courthouse. ISSUE: The proposed Resolution was developed and submitted for City Council approval upon request by Nueces County and various private citizens and organizations attempting to raise the funding necessary to stabilize and renovate some or all of the historic Nueces County Courthouse. REQUIRED COUNCIL ACTION: Approval of Resolution as presented. City Manager RESOLUTION SUPPORTING NUECES COUNTY'S EFFORTS TO RESTORE THE HISTORIC NUECES COUNTY COURTHOUSE WHEREAS, the old Nueces County Courthouse building is historically and architecturally significant to our community; and WHEREAS, this building is in serious disrepair and has become an eyesore and a blight on the area; and WHEREAS, significant funding is required to stabilize and renovate this building; and WHEREAS, both Nueces County and various private citizens and organizations are attempting to raise the money necessary to stabilize and renovate some or all of this structure; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi supports Nueces County's efforts to restore the historic Nueces County Courthouse. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 22nd day of January, 2003. James R. Bray, Jr. City Attor~, By: / /'~7 ~ R. ,J~y ,~'eining ~/ First A~ssistant City Attorney Samuel L. Neal, Jr. Mayor R30503A2.doc or, us Christi