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HomeMy WebLinkAboutAgenda Packet City Council - 04/22/2003 (J)CITY COUNCIL AGENDA city of Corpus Christi April 22, 2003 12:00 noon. Joint Meeting of the City Council and the Corpus Christi Regional Economic Development Corporation to provide a quarterly update on current economic activity in the community and current efforts by the Economic Development Corporation. ( City Hall, 6~ floor Conference Room) 1:45 p.m. "At Your Service Award" City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 22, 2003 1:00 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 earlier. 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 dirfgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarte. 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 approprfate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. aw Invocation to be given by Father Jose A. Ortiz, Our Lady of Perpetual Help Catholic Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney Jay Reining .__ City Secretary Armando Chapa __ Agenda Regular Council Meeting April22,2003 Page 2 E. MINUTES: 1. Approval of Regular Meeting of April 15, 2003. (Attachment # 1 ) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Landmark Commission Park and Recreation Advisory Committee Sister City Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support mate#al on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withd?, wn forindividual consideration in its normal sequence afterthe items not requ~nng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCE~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with Koch Materials of Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-0079-03, based on only bid, for an estimated annual expenditure of $40,760 of which $13,584 is for FY2002- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaP/) Agenda Regular Council Meeting April22,2003 Page 3 2003. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month pedods subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for maintenance of city streets. Funds have been budgeted by Street Services for FY2002-2003. (Attachment # 3) Motion approving supply agreements with the following companies for the following amounts for swimming pool chemicals in accordance with Bid Invitation No. BI-0077-03 based on Iow bid for an estimated annual expenditure of $42,540 of which $14,180 is for FY2002-2003. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Park and Recreation Department in FY2002-2003. (Attachment # 4) Valley Solvent Corpus Chdsti, TX Bid Items 1 & 2 $35,010 Brenntag SW, Inc. Elmerdorf, TX Bid Items 3 & 4 $7,530 Grand Total: $42,540 Motion authorizing the City Manager or his designee to execute a construction contract with Chief Environmental Surveys of Houston, Texas in the amount of $574,823 for the Miscellaneous Sewer Line Cleaning. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a construction contract with Third Coast General Contractors of Corpus Christi, Texas in the amount of $144,117.20 for the Regional Transportation Authority Bus Stop Miscellaneous Street Improvements, Phase 2. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with CamRett Corporation of Corpus Christi, Texas in the amount of $37,145 for the Buccaneer Little League Public Improvements, Phase 1 Re-Bid. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April22,2003 Page 4 oC, gob. 10. Ordinance authorizing the City Manager or his designee to implement the Participation Agreement between the City of Corpus Christi and Hogan Development Co., L.P., in the amount of $27,400 for construction of a Wastewater Service Line. (Attachment # 8) Ordinance appropriating $27,400 from Hogan Development Co., L.P., in the No. 3430 Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park Wastewater Service Line Extension; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $27,400. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract to King-Isles, Inc. in the amount of $389,364.75 for the Bill Witt Park Wastewater Service Extension. (Attachment # 8) Motion authorizing the City Manager or his designee to accept a grant in the amount of $121,114 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 9) Ordinance appropriating $121,114 in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 9) Resolution approving the submission of a grant application in the amount of $485,662 to the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for a third year. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April22,2003 Page 5 PUBLIC HEARINGS: (2:00 P.M.) CiTY OF CORPUS CHRISTI PRESERVATION PLAN: 11.a. ll.b. 12. Public hearing to consider amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" - Zoning Designations and two (2) properties designated as a Potential Landmarks. (Attachment # 11) First Reading Ordinance - Amending the City of Corpus Chdsti Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" Landmark Zoning Designations and two (2) properties designated as Potential Landmarks; and amending the Comprehensive Plan. (Attachment # 11) ZONING CASE: Case No. 0203-04, Harold Kronke: A change of zoning from a "R- lB" One-family Dwelling Distdct to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling Distdct on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Chumh Street and 500 feet north of Leopard Street. (Attachment # 12) (Tabled from 4-15-03) Planning Commission's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 2.720 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-lB" One- family Dwelling Distdct to "B-4" General Business District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling Distdct on Tract 2 (1.01 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 22, 2003 Page 6 Staffs Recommendation: Tract 1 - Denial of the "B-4" Distdct on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 1.71 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-1 B" One- family Dwelling Distdct to "B-4" General Business District on Tract 1 (1.71 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 13. Commission on Children and Youth 2003 Master Plan (Attachment # 13) 14. Presentation on Proposed City projects for the Corpus Chdsti Metropolitan Planning Organization Traffic Improvement Plan FY2004 - 2006 (Attachment # 14) 15. Padre Island Desalination Plant - Feasibility Analysis and Siting Plan (Attachment # 15) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi a collective bargaining agreement with the Corpus Christi Police Officers Association effective May 1,2003 through July 31, 2006, as negotiated by City and associated representatives. (Attachment # 16) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April22,2003 Page 7 17. 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 ditfge a la junta y cree que su ingl~s es Iimitado, habr~ un int~rprete ingl6s-espa~ol en la reuni6n 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. 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 following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Govemment Code Section 551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of futura 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 April22,2003 Page 8 18. 19, 20. 21. O. NOTE: LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 78 t~ Texas Legislature. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., April 22 ,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 summmy) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~CONTINUING PRIORITY ISSUES Mrport / Seawal~ / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bo~,Is~ue Improvements * Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community'). · Continue community involvement on issues such as Leopard Street improvements. privatization / Re-Enmlneerin~ · Clearly define "privatization" and "re-engineering." · Make decision~ regarding privatizafion 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. ~inlHlee · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,C0n~rol and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime im'tiatives. EmnloYee Health Care · Address concerns relatcxl to employee compemation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Develooment Sales Tax · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES 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 Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) * *Road Projects Southside Traffic Plan stpml Water Utility · Reconsider implementation plan for a Storm Water Utility. Pa~.ery Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including pfivatization. ]nternet · 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-mall. Continue active role. · Lease and complete renovation ~,,nngxation Plan Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Redistrieti~, Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Staff completes action requests in a timely manner. C{W/,County Health Issues · Continue discussions with County to determine structure and pwcess for the most effective and efficient delivery of beaith services M~rl~ina of CC Museum and Columbus Shivs Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Paekuges *Park Rehabilitation *l_~opard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traftie Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publi¢ Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 15, 2003 - 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: Acting City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chaplain Charles Soto with NAS Corpus Christi and the Pledge of Allegiance to the United States flag was led by Mayor Pro Tem Henry Garrett. 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 special Council meeting of April 8, 2003 and the regular Council meeting of April 8, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-17). Council members requested that Items 3, 7 and 13 be discussed. There were no comments from the audience. A motion was made to approve Items 2-17, constituting the consent agenda, except for Items 3, 7, and 13, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was declared for items 10b, 12, and 14) 2. MOTION NO. 2003-141 Motion approving the purchase of thirty-six vehicles consisting of 32 pickup trucks and 4 cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0053-03, based on low bid and low bid meeting specifications. The vehicles will be purchased for Engineering, Maintenance Services, Water, Storm Water, Wastewater and the Gas Department. All vehicles are replacement units. Funds are budgeted in Maintenance Services and Engineering Services. Vista Chevrolet Corpus Christi, TX Bid Items 2, 4 - 10, 12 & 13 Creveling Dodge Corpus Christi, TX Bid Item 1 Minutes - Regular Council Meeting April 15, 2003 - Page 2 o $306,729 $183,391 Allen Samuels Chevrolet Corpus Christi, TX Bid Item 3 $49,160.08 Crosstown Ford Corpus Christi, TX Bid Item 11 $16,391 Grand Total: $555,671.08 MOTIONNO. 2003-143 Motion authorizing the Acting City Manager or his designee to execute a consultant contract with Coym, Rehmet, Gutierrez Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $68,407 for the Holly Road Pump Station Structural and Mechanical Improvements. MOTIONNO. 2003-144 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Lowman Services, Inc. of Robstown, Texas in the amount of $66,169.93 for the Minor Storm Drainage Improvements on Sharpsburg Road. MOTIONNO. 2003-145 Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the consultant contract with Russell Corrosion Consultant, Inc. of Simpsonville, Maryland in the amount of $73,593.40 for the Mary Rhodes Memorial (Lake Texana) Pipeline. MOTION NO. 2003-147 Motion authorizing the Acting City Manager or his designee to execute a Utility Easement Instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D. Corporation, a Texas Corporation, in the amount of $47,500, for Parcels 47 and 48, both necessary for the Southside Water Transmission Main, Phase 3 Project, and for other municipal purposes. MOTION NO. 2003-148 Motion authorizing the Acting City Manager or his designee to execute an engineering services contract with LNV, Inc. dba Smith, Russo & Mercer of Corpus Christi, Texas in the amount of $510,000 for the O.N. Stevens Water Treatment Plant Analysis. 10.a. MOTION NO. 2003-149 Motion authorizing the Acting City Manager or his designee to accept a grant in the amount of $52,803 awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. Minutes - Regular Council Meeting April 15, 2003 - Page 3 10.b. ORDINANCE NO. 025255 11. 12. 14. Ordinance appropriating a grant in the amount of $52,803 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program. RESOLUTION NO. 025256 Resolution authorizing the Acting City Manager or his designee to submit a grant application to the Texas Department of Public Safety Division of Emergency Management, in the amount of $40,000, under the FY2003 Pre-Disaster Mitigation Program, to develop a Pre- Disaster Mitigation Action Plan, with a City in-kind match of $13,333, and a total project costs of $53,333. ORDINANCE NO. 025257 Ordinance authorizing the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to prices listed on the attached Exhibit A. ORDINANCE NO. 025259 Ordinance authorizing the Acting City Manager or his designee to execute a one-year lease with Czech Heritage Society of South Texas, a non-profit corporation, for the use of the Jalufka House located in Heritage Park and in consideration of the Czech Heritage Society of South Texas maintaining the premises and improvements. 15.a. FIRST READING ORDINANCE Authorizing the Acting City Manager or his designee to execute a three-year lease with the Irish Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House located in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining the premises and improvements. 15.b. FIRST READING ORDINANCE Authorizing the Acting City Manager or his designee to execute a three-year lease with the H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles- Martin House located in Heritage Park and in consideration of ri. Boyd Hall Branch of the NAACP maintaining the premises and improvements. 16.a. ORDINANCE NO. 025260 Second Reading Ordinance - Amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and Minutes - Regular Council Meeting April 15, 2003 - Page 4 Construction, Code of Ordinances, City of Corpus Christi, regarding the permitting process for master plan developments, dune protection permits, beachfront construction certificates, and concurrent dune protection permits/beachfront construction certificates, authorized animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and editorial changes; and providing for penalties. (First Reading - 4/8/03) 16.b. ORDINANCE NO. 025261 Second Reading Ordinance - Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices IV and V, and by adding application forms for beachfront construction certificates and concurrent dune protection permits/beachfi'ont construction certificates to Appendix V, and by adding a copy of the Interlocal Cooperation Agreement between the City of Corpus Christi, City of Port Aransas, and County of Nueces relating to the Mustang and North Padre Island Beach Parking Permit System as Appendix VIII; and providing for an effective date. (First Reading - 4/8/03) 17. ORDINANCE NO. 025262 Second Reading Ordinance - Amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section 17-1.3, Electronic Payment Use Fees; setting a rate of 3% for Electronic Payment of Municipal Court Fines. (First Reading - 4/8/03) Mayor Neal opened discussion on Item 3 regarding the Wastewater Clean-Out Installation Program. In response to Council Member Kelly's question, City Engineer ,3mgel Escobar confirmed that the city was bidding for the completion of 700 clean-outs this year. He added that the city undertakes this program annually, and in the past the city has bid for as few as 200 per year. This year, the city has increased the amount. Wastewater Superintendent Foster Crowell said that the program has been existence since 1994 and that it allows the wastewater crews to address problem areas. He said that there are approximately 35,000 customers, about half the customers of Wastewater, who do not have clean-outs. If these customers have problems with their sewer lines, crews go to their homes and then must try to locate the line, which is very time consuming. With a clean-out in place, he said it is easy to determine if the malfunctioning line is private or public. Mr. Crowell said that the clean-outs expedite the work for the crews and so they plan to complete a few a year to keep up with the department's workload. Mr. Kelly asked if the 700 clean-outs were comprised of customers that Wastewater has serviced in 2002 or what was anticipated for 2003. Mr. Crowell replied that it was simply a number they decided on funding this year to accelerate the program. He said that they have a long waiting list and they give priority to those with a recurring problem. Council Member Cooper asked if the sewer systems in newer homes were equipped with clean-outs. Mr. Crowell answered affirmatively. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2003-142 Minutes - Regular Council Meeting April 15, 2003 - Page 5 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $335,370 for the Wastewater Clean-Out Installation Program FY2002-2003. The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened the discussion on item 7 regarding claim support services for the City Hall water intrusion damage analysis. Council Member Cooper asked for a status report on this claim. Kevin Stowers, Assistant Director of Engineering, said that the Legal Department was pursuing this claim with the Texas Municipal League. Acting City Attorney Reining said that the claim would be scheduled for an executive session. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2003-146 Motion authorizing the Acting City Manager or his designee to execute an agreement with Rimkus Consulting Group, Inc., of Corpus Christi, Texas in an amount not to exceed $50,000 for claim support services related to City Hall water intrusion damage analysis. The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened the discussion on item 13, regarding the appropriation of $225,613.26 in interest and miscellaneous earnings in various bond funds. Council Member Kelly asked if the monies were unanticipated or if they constituted monies not spent on different projects. Mark McDaniel, Director of Management and Budget, said that in most cases they were residual interest earnings fi.om projects that had already been completed. He said that the interest earned must be applied toward debt as prescribed by the bond ordinances. He said the funds were old and needed to be closed out. Acting City Manager Noe added that these funds were a burden on the accounting system and needed to be taken off the books. In response to Mr. Kelly's question, Mr. Noe said the money could not be used for another purpose. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 025258 Ordinance appropriating $225,613.26 in interest and miscellaneous earnings in various bond funds as detailed in the attached Schedule A to close funds and pay outstanding debt service; amending FY2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $225,613.26. An emergency was declared and the foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 15, 2003 - Page 6 Mayor Neal opened discussion on Item 18 regarding a resolution in support of the President and the Armed Forces serving in the current international conflict. Acting City Manager Noe introduced Chaplain Charles Soto from NAS Corpus Christi, who reported on the Family Support Group Program to support the families of those servicemen and women who have been called to active duty. Council Member Chesney commented that the resolution was not a statement of pro- or anti- war sentiments amongst the Council. Rather, the resolution was in support of our troops and our President in this time of conflict. Council Member Scott thanked Acting City Attorney Reining for drafting the resolution, saying it was well-written. He also thanked local businesses for supporting the military and the nation. Mr. Joe Benavidez, 2421 Cleo Street, said he was a 20-year veteran of the Marines and he spoke in support of the resolution. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 025263 Resolution expressing support for the President and Armed Forces of the United States, including all the parents, sons, daughters, spouses, and other Americans serving our nation at this time of conflict. The foregoing resolution passed by the following votes: Neal, Chesney, Colmenero, Cooper, Gan:err, Kelly, Kinnison, Noyola, and Scott, voting "Aye". Acting City Manager Noe added that the city is working with Chaplain Soto and he said that people seeking assistance or wanting to volunteer can call 961-3751 for more information. Mayor Neal opened the discussion on item 19 regarding the Texas National Estuarine Research Reserve. Assistant City Manager Ron Massey introduced Dr. Paul Montagna of the University of Texas Marine Science Institute to report on this program to establish a site for a national estuarine research reserve along the Texas coast. Dr. Montagna provided some background information on the program. He said that because Texas adopted the Coastal Management Program in 1997, that made the city eligible for the program without any additional environmental regulations. There are approximately 25 sites around the country but none in the Gulf of Mexico. The goal of the program is to identify and track long-term changes in a relatively natural setting. The benefits of the program would be to bring new money to the State, create new opportunities and foster cooperation with other parmers. A site evaluation committee comprised of a broad group of leaders in the coastal zone of Texas, including Assistant City Manager Ron Massey, used specific site selection criteria to rank 15 nominated sites. The final analysis showed that the Aransas Bay and Copano Bay areas scored the highest. However, the committee also selected a satellite site in the Nueces Delta, in part because it was near a major river and had received unanimous nominations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 025264 Resolution supporting the establishment and funding of the Texas National Estuarine Research Reserve in the Texas Coastal Bend Region by the National Oceanic and Atmospheric Administration. Minutes - Regular Council Meeting April 15, 2003 - Page 7 The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". Mayor Neal called for discussion on item 21 regarding the increased costs of natural gas. Debbie Marroquin, Gas Superintendent, reported that an additional $7,911,792 was needed to purchase gas for the remainder of FY 2002-2003. Ms. Marroquin explained that the increase in the cost of gas was due to a change in the supply and demand of gas. She said that gas exploration and gas production were down while the demand for gas due to high oil prices, the war and cold winters was up. Last year, Ms. Marroquin said gas prices were at about $2 per MCF, while now they are up to $8 or $9. She stressed that the city makes no profit from high prices; rather, it is a pass through cost. Unfortunately, customers will see higher utility bills as a result, as much as 90% higher. Council Member Kinnison asked if the city had an assistance program in place to help customers unable to pay their bills. Ms. Lee Ann Dumbauld, Finance Director, said that the utility billing office has received a high number of calls from customers about the high bills and she said that staffis working with those customers to spread the payments out over time. She said that staff is also considering a new program to provide cost averaging for gas customers over the year, which they will bring to Council later. Mr. Noyola asked if the city was able to buy gas in bulk. Ms. Marroquin said that the city pays for gas on a monthly basis but the gas is purchased continuously. She said that buying gas in bulk is possible, but that it was risky because of the volatility of gas prices. Once the city is locked into a price, they may see prices go down yet they are still required to pay a higher price. Acting City Manager Noe added that since gas prices are so high, it would not be a good time to lock into a price now. As the market goes down, he said that staff could consider locking into a lower price. Council Member Scott asked what the long-term outlook for gas prices was over the next two years. Ms. Marroquin responded that forecasts were only available for a one-year time period, and that current predictions indicated that gas prices would go down to about $6 per MCF in the summer. Council Member Kinnison asked staff to look at what other cities are doing to see how many are buying strictly at market or balancing their purchases with 50% long-term contracts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 025265 Ordinance appropriating $7,911,792 from increased revenues in the Gas Fund No. 4130 due to increased cost of Natural Gas Purchases; amending the FY 2002-2003 Budget adopted by Ordinance No. 024130 by increasing both revenues and expenditures to the Gas Fund No. 4130 by $7,911,792, for the increased costs of Natural Gas Purchases. An emergency was declared and the foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye". Mayor Neal opened discussion on item 21 regarding the city's Investment Policy. Ms. Lee Ann Dumbauld, Finance Director, said that due to the large number of bonds sales that the city has recently undertaken, staff has asked Mr. Jeff Leuschel, Bond Counsel, to review the city's Investment Policy to ensure that it was up-to-date and compatible with the city's outstanding bond issues. She said that all of his recommendations were compliance and language items, and he did Minutes - Regular Council Meeting April 15, 2003 - Page 8 not recommend anything unusual or out of the ordinary fi.om the city's normal practices. Them were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025266 Resolution amending the City Investment Policy to allow guaranteed investment contracts for bond proceeds, to establish investment objective priorities, to expand permissible investments in local government investment pools; to define money market mutual funds, and to make clarifications to investment policy; and adopting the investment policy as amended. The foregoing resolution was passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Colmenero and Kinnison were absent. Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 22. Case No. 0203-03. Wesley United Methodist Church: A change of zoning fi.om a "R-lB" One-family Dwelling District to a "B-l" Neighborhood Business District on Aldergate Methodist Church Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road. City Secretary Chapa said that the Planning Commission and staffrecommended the denial of the "B- 1" District and in lieu thereof, approval ora Special Permit for a church-related thrift shop subject to six (6) conditions. In response to Mayor Neal's question, Mr. Michael Gunning, Planning Director, confirmed that the applicant was in agreement with the recommendations. He also added that he needed to correct an error in the Conditions of the Special Permit. Specifically, Condition Three should read that the hours of operation are from 9:00 a.m. to 5:00 p.m. No one appeared in opposition to the zoning change. A motion was made and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 025267 Amending the Zoning Ordinance upon application by Wesley United Methodist Church by changing the zoning map in reference to 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road, (currently zoned "R-lB" One- family Dwelling District) by granting a Special Permit for a church thri~ shop subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance was passed by the following vote: Neat, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting April 15, 2003 - Page 9 Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public heating on the following zoning case: 23. Case No. 0203-01, Seung Lee: A change of zoning from a "R-lB" One-family Dwelling District to a "AB" Professional Office District on Gardendale Unit 2, Block 4, Lots 22 and 23, located on the north side of Curtis Clark Drive and approximately 225 feet west of South Staples Street. City Secretary Chapa said that the Planning Commission and staffrecommended denial of the "AB" District, and in lieu thereof, approval of a Special Permit for two (2) office buildings and parking lot subject to eight conditions. In response to Mayor Neal's question, Mr. Gunning said that the applicant was in agreement with the recommendations. No one appeared in opposition to the zoning change. A motion was made and passed to close the public heating. Ms. Cooper asked what type of businesses are allowed in an "AB" district. Mr. Gunning replied that in addition to professional offices, the AB district allows daycares, multi-family and boarding house uses. He said that this case was difficult for staffbecause the development crossed the line of encroachment stated in the Gardendale Plan adopted in 2000. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO.025268 Amending the Zoning Ordinance upon application by Seung Lee by changing the zoning map in reference to Lots 22 and 23, Block 4, Gardendale Unit 2, (currently zoned "R-lB" One-family Dwelling District) by granting a Special Permit for two (2) office buildings and a parking lot subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. 0203-02, Mark Bratton: A change of zoning from a "B-1" Neighborhood Business District and "F-R" Farm-Rural District to a "RE" Residential Estate District on Laureles Farm Tracts, being 26.81 acres out of Section 31, located north of South Staples Street and east of South Oso Parkway. City Secretary Chapa said that the Planning Commission and staff recommended the approval of "RE" District. No one appeared in opposition to the zoning change. A motion was made and passed to close the public hearing. City Secreta~ Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 15, 2003 - Page 10 ORDINANCE NO. 025269 Amending the Zoning Ordinance upon application by Mark Bratton by changing the zoning map in reference to 26.81 acres out of Section 31, Laureles Farm Tracts, from "F-R" Farm- Rural District and "B- 1" Neighborhood Business District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25. Case No. 0203-04, Harold Kronke: A change of zoning from a "R- 1B" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. City Secretary Chapa said that the Planning Commission was recommending the denial of the "B-4" District on 2.71 acres of Tract 1 and approval ora "B-4" District on 1.71 acres of Tract 1. For Tract 2, the commission recommended the approval of an "R-2" District on Tract 2. Staff differed with the Planning Commission's recommendation for Tract 2 only, recommending the denial of the "R-2" District. Mr. Gunning advised the Council that the 20% rule was in effect, saying that the total opposition came to approximately 45% for both the "B-4" and "R-2" zoning changes. He said that the applicant was proposing to install a self-service car wash on Tract 1 and to build two duplexes on Tract 2. The "R-2", Tract 2 recommendation fronts on a local street called Church Street, a rural type of road that does not have any curbs and gutters. There are drainage ditches on both sides and it is currently a dead-end street. Tract 1 has frontage on Violet Road. In Tract 1, the applicant had proposed developing the property all the way back to Church Street, which both staffand the Planning Commission opposed. On Tract 2, the Planning Commission felt that the "R-2" multi-family development along Church Street was satisfactory. Staff recommended the denial of the "R-2" district because the street infrastructure on Church Street is not in place now and would only be able to be put in place at the city's expense. Under the city's platting ordinances, when these properties are replatted, the city is not allowed to require the developer to improve the street to its full standards because there are existing pavement sections in the street. Thus, the plan for this area recommends the continuance of the "R-1B" zoning. Council Member Cooper asked Mr. Gunning if there would be a total of four units constructed on the lot in question. Mr. Gunning said that the applicant was proposing to put only four units on the property, but technically the "R-2" district would allow as many as seven units. Ms. Cooper asked if there was a way to limit the developer's request to only four units with a special permit. Mr. Gunning said that this was possible but when staff approached the applicant with this option earlier, he indicated that he was not interested. Ms. Cooper said that she did not see how four extra households would be that much of a burden on that street. Mr. Gunning said that he agreed, but a special permit was not an option when staff was making their recommendations since the Minutes - Regular Council Meeting April 15, 2003 - Page 11 applicant had declined it. Staff was considering the "R-2" district in its entirety and they were concerned about what the applicant would be allowed to build as a matter of right. The "R-2" zoning would give the applicant the right to expand at a later time. Mr. Gunning said that in making their decision, staffconsidered the comprehensive plan for the area and the wishes of the neighbors in the area, who are against any multi-family units on Church Street. Ms. Cooper asked the applicant if he would consider a special permit. Mr. Richard Kronke, 10209 N. Harrington, said he would consider the special permit. Council Member Garrett asked where the car wash would exit and Mr. Gunning responded that it would exit on Violet Road only. He asked if the developer was going to take the existing drainage ditch into consideration when they developed the property. Mr. Gunning replied that the developer's consulting engineer would be required to develop a construction drainage plan subject to approval by the city's Special Services engineering group. They would need to account for not only run-offbut mn-on in their proposed plan. Mr. Garrett asked if the car wash would have any effect on Church Street. Mr. Gunning said that it would not effect Church Street. Council Member Kelly asked Mr. Gunning if the estimated traffic generation included in his report was calculated assuming that the property would remain "R- 1B" and be developed as densely as possible. Mr. Gunning replied affirmatively, saying that the development on the property could potentially generate as many as 190 average weekday road trips. The car wash would generate approximately 52 average weekday trips. In response to Mr. Kelly's question, Mr. Gunning stated that under Mr. Kronke's plan, the number of weekday trips would be reduced to 40 trips per day since there would be only two duplex units. He added that Traffic Engineering did not feel there would be any adveme impact on either Church Street or Violet Road with the trip generation rates being projected. Mr. Kelly asked Mr. Kronke why he didn't use the property adjacent to the proposed area that is currently zoned "B4" instead of asking for a zoning change. Mr. Kronke said that the drainage ditch running through the tract limited the value of the property and that the proposed tract would have higher exposure since it was closer to a major intersection. He also said that the buyer feels he can place a car wash on the southern tract even with the drainage ditch. Mr. Phil Ward, 25 Hewit, a broker representing the developers, said that when they attended the Planning Commission meeting, they were attempting to reach a compromise. He said that Violet Road is a major arterial and that almost the entire tract was zoned "B-4" except one parcel. He said that most of the opposition has occurred across the street in the residential subdivision, not from Church Street. He said that because of the lay of the land in the area, possibly the best scenario would be to go to "R-2" in Tract 2. He said that the "R-lB' lots in that area would not be practical because of drainage issues. In response to Mr. Kelly's question, Mr. Gunning said that there were six letters from residents on Church Street opposed to the applicants' request, more than had initially attended the Planning Commission meeting. Mr. Kelly asked if Tract 2 was replatted, would the developer be required to improve Church Street. Mr. Gunning said no, the developer would not be required to make improvements. The only way it could be improved would be through the city's Street Assessment Paving Program, which had a long waiting list. Mr. Kelly asked where the tract 2 lots would drain. Mr. Gunning responded that they would drain away from Leopard Street toward the north. Mr. Kelly said that based on this information, he would be in favor of expanding the development on Tract 2 hut not in favor of changing the zoning. He asked to hear from the residents across the street concerning the zoning change on Tract 1. Minutes - Regular Council Meeting April 15, 2003 - Page 12 Council Member Noyola said he was in favor of staff's recommendations. Council Member Scott said that he thought the development code needed to be amended if it considered Church Street an improved road even though it was in poor condition. Mayor Neal if there was anyone in opposition to the zoning change present. Mr. Ed Mickley, 4457 Church Street, spoke in opposition to both zoning changes. He said that to his knowledge, everyone who lived on Church Street was opposed to the zoning changes proposed by the applicant. He cited lack of infrastructure, especially drainage problems and trash accumulation, as the main reason for his opposition. He also said if duplexes were built, that renters do not usually maintain the property well. Council Member Scott commented that he thought development would probably help the situation, since the car wash would have drainage requirements and the proposed fencing of the property would contain trash. Council Member Chesney asked what type of development the residents of Church Street would like to see. Mr. Gunning answered that they only wanted single- family homes in the area and no duplexes. Mr. Chesney asked Mr. Mickley if the "B-4" zoning would be acceptable to him if there were drainage requirements in place. Mr. Mickley replied affirmatively. Ms. Cooper reiterated her suggestion to limit the duplexes in the area to two units. Ms. Sandy Ward, 4441 Church Street, said she is a 30-year resident of the street. She said her main opposition to both the car wash and the duplexes is the recurring drainage problem in the area. She said that 100% of the homeowners on Church Street are opposed to the zoning changes. Council Member Kelly asked what authority does the city have to require drainage improvements on Tract 1 if they were to extend Tract 2 as proposed. Also, he asked if the city had the authority to require off-site drainage improvements. Mr. Gunning said that the city does have the authority to require the property owners to provide a drainage plan to address both run-on and rm-off. He deferred the off-site drainage question to the Engineering Department. Mr. Kelly asked Acting City Attorney Reining about the reclamation required for a car wash. Mr. Reining replied that the car wash could not put any polluted water into the properties; only natural precipitation was allowed. He said that the car wash would be liable for increasing the run-offonto to their neighbors' property. Mr. Kelly asked if the applicant would be amenable to tabling this item for one week to meet with adjacent property owners to try to assuage their concems. (NOTE: Council Member Scott recused himself from the discussion and vote at this point after discovering a conflict of interest involving his employer, San Jacinto Title Company). Mr. Ward said that the applicant would probably support staff's recommendation. Council Member Colmenero said he was in support of tabling the vote. A motion was made and passed to close the public hearing. City Secretary Chapa stated that Council Member Mark Scott was abstaining from the vote on this matter. Mayor Neal asked City Engineer Angel Escobar if there were any planned improvements to address the drainage in this area. Mr. Escobar replied that there were no plans. Mayor Neal asked what the potential buyers of the property on Violet Road could be expected to be required to do to address drainage problems in the area. Mr. Reining replied that they may have to build some retention features as part of their development. Mayor Neal expressed his concern that if the property was developed or undeveloped, the property owners in the area were still going to have a drainage problem. Mr. Reining confirmed that there could be no increased flow, but that the ownem would have to live with the existing flow. Mayor Neal asked if the retention features Mr. Reining discussed earlier would make development prohibitively expensive. Mr. Reining said he would think that handling the drainage in the area would require substantial resources. Mr. Gunning commented that a situation may arise where the Minutes - Regular Council Meeting April 15, 2003 - Page 13 property is zoned but the property owner may not be able to build on it until the infi.astmcture is in place to accommodate the building. Mr. Kelly made a motion to table this case for one week to allow the property owners to negotiate with those individuals who are in opposition to the zoning change; Ms. Cooper seconded the motion. Mr. Chapa polled the council for their votes and the motion passed as follows: Chesney, Colmenero, Cooper, Kelly, and Kinnison, voting "Aye"; Neal, Garrett and Noyola, voting "No"; Scott abstained. Mayor Neal deviated fi.om the agenda to allow Mr. Tom Utter to provide a legislative update. Mr. Utter first reviewed the priority bills in this year's legislative session, organized in different sections representing major functions of municipal government. Under the financial integrity section, Mr. Utter said the priority bills involved using state hotel taxes for beach maintenance and street accessibility improvements funded by a street use fee. Under the essential infrastructure section, Mr. Utter identified several priority bills dealing with the protection of water rights. Mr. Utter said that the legislative delegation was closely monitoring one bill which would require that any water rights that a city hasn't used for ten years be ceded to the state. Other priority bills were related to desal project funding and Packery Channel. Under community protection and development, Mr. Utter said there were several bad bills involving annexation and development that the delegation and TML were opposing. The city was endorsing legislation that would impose a statewide electrical licensing law. Under the children and youth section, Mr. Utter said that the Community Youth Development program was being funded this year. Under the environment section, bills affecting air quality requirements were identified as priority. In the economic development section, priority areas were the military and insurance rates. Next, Mr. Utter covered the significant bills of interest. He identified a number of good bills, including H.B. 449 involving property taxes, H.B. 1061 on municipal employee travel, H.B. 1191 on public information and H.B. 1487 on the licensing of electricians. He also identified several bad bills, including H.B. 1204 on extraterritorial jurisdiction, H.B. 789 on platting, H.B. 1635 on telecommunications infrastructure fund and H.B. 2178 on rezoning. Mr. Utter said that unfortunately, there were many bad bills this session. He complimented Senator Hinojosa, Representatives Luna, Seaman, and Capelo and their staffs for being accommodating and for working so hard on behalf of their constituents. Mayor Neal asked Mr. Utter where the bills were in the cycle of debate. Mr. Utter replied that each bill was at a different point but he said that in general the process should speed up tremendously within the next week. Mayor Neal asked the Council to make an effort to testify before the House if asked because there were a large number of killer bills being proposed. He said it was a very tough session and he thanked Mr. Utter for his work and asked that he keep the Council informed. He added that at the end of this session, he would like to suggest that the city have a recognition for the legislative delegation and their staffs. Council Member Scott asked for an update on the marina bill. Mr. Utter said the bill was progressing rapidly and would come up this session. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, commented against H.B. 1098 regarding a fee added to utility bills to help cities fund ADA improvements and against another bill that would raise vehicle registration fees. Minutes - Regular Council Meeting April 15, 2003 - Page 14 Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding the Texas Municipal Retirement System's requirements for contributions for employees, specifically for Mr. Tom Utter. He also spoke about the lack of curfew enforcement in Cole Park. Mr. Bill Kopecky, 3609 Topeka, spoke regarding the hiring process for the city manager. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94t~ District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas with possible discussion and action in open session. 27. Executive session pursuant to Texas Government Code Section 551.074 to deliberate the appointment/employment of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following ordinances were passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 26. MOTION NO. 2003-150 Motion authorizing the City Manager in Cause No. 01-647-C; Larry Young, et al vs. City of Corpus Christi and Cause No. 01-646-C; Mary Collins, et al vs. City of Corpus Christi, 94~ Judicial District Court, Nueces County, Texas, to continue the employment of Denton, Navarro & Bernal to represent the City of Corpus Christi at an hourly rate not exceeding $200, subject to certification of funds. 27. RESOLUTION NO. 025270 Resolution appointing George K. Noe City Manager of the City of Corpus Christi, Texas, and establishing compensation for the City Manager in accordance with Article III, Section 1, of the City Charter. Mayor Neal outlined the employment contract offered to Mr. Noe. He said Mr. Noe would enter the contract effective today at a salary of $160,000 per year, a car allowance of $7,200 per year, ICMA deferred compensation retirement plan for full participation, vacation of 15 days a year, sick leave of 15 days a year and a severance agreement, in accordance with the contract that the Council will ask Mr. Noe to sign. He asked Mr. Noe if he would accept these terms and Mr. Noe replied affirmatively. He congratulated Mr. Noe and thanked the Council and City Secretary Chapa for their assistance and input. Minutes - Regular Council Meeting April 15, 2003 - Page 15 Mayor Neal called for the City Manager's report. Mr. Noe thanked the Council for their support and said he was looking forward to working with the Council to move the community forward. Mr. Noe reported that the city and the Police Officers Association have reached a tentative agreement for a four-year contract. He said the city was pleased with the agreement because it resolves a number of issues. He understood that the association would be voting on the contract in a few days. He said that staff is heavily involved in the budget process fight now and hopes to present a good budget soon. He reminded the Council that the next council retreat is scheduled for May 6 in the Museum of Science and History. Next Tuesday, in addition to the potential for a police contract item, there will be a joint luncheon with the Economic Development Corporation, a presentation from the Commission on Children and Youth on their Master Plan, desal project presentation and a first reading on the preservation plan. Mr. Noe also mentioned the eight medic unit plan, which should go into effect on or about the 21~ of April. Mayor Neal called for Council concerns and reports. Mayor Neal asked about the progress on sidewalk improvements in the Alameda and Doddridge area. Mr. Gunning replied that the property on Parmington Square has new owners. The owners met with Mr. Gunning last week and are ready to move forward with the project. They have hired a consulting engineer and have submitted plans for the construction of the sidewalk/boardwalk to the Special Services division, which were approved. He said that the new owners were not made aware of the required improvements when they purchased the property. They have paid all the past due use privilege fees that were owed. Mayor Neal asked about for a status report on the Airheart Point project. Assistant City Manager Ron Massey reported that they had a bid for placing a stairwell in the area but the city cannot execute it unless the ADA accessibility issues to the water are addressed. Mr. Massey said that the Legal Department has advised them that meeting accessibility requirements to the water at Cole Park would meet the requirement of accessibility on the seawall. Mr. Noe said that there would be a meeting next week to discuss this matter. Mayor Neal asked staff to keep up with the different agreements that the city has made with developers for improvements. Finally, he asked for a briefing on the new building code, which Mr. Noe said would be provided later. Council Member Chesney thanked Council Member Cooper for setting up the Town Hall meeting schedule for the next six months. He said that the next Town Hall meeting would be held May 5 at Schanen Elementary. He said Ms. Cooper wanted to have monthly Town Hall meetings and they had agreed. He said that he, Council Members Kinnison and Scott attended a workshop held by the Downtown Management District and several suggestions arose that he would like staff to follow up on. He congratulated the city and the Park and Recreation Department for assisting in the Hudson Park opening, spearheaded by the Junior League. He congratulated Bernie Paulson, Melvin Klein and Jerry Kane, who were inducted into the Business Hall of Fame last week. He asked staffto follow up on suggestions made by the Builders Association. Finally, he congratulated Mr. Noe on his appointment and said that he hoped he would remain as open and honest as he was in his tenure as Acting City Manager. Council Member Garrett asked if Mr. Noe had a response regarding the problem with loose dogs in Pope Park that he brought to his attention last week. Mr. Noe said that he was in Washington, D.C. last Thursday and Friday and had not had an opportunity to investigate this matter. Council Member Garrett reiterated that he thought this was a serious problem and he would like to him to pursue it. Mr. Garrett asked if staff had addressed the concerns of the Air Conditioner Contractors. Mr. Noe said that he had sent them a letter addressing a number of items and they have Minutes - Regular Council Meeting April 15, 2003 - Page 16 set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit. Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was awarded two years ago and that the Finance Department was handling the contract. Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last week that the fire station would be in place by the end of April but he had received information that the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that the beach would be closed for six to eight weeks for dredging required by the General Land Office. Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and Recreation, said that the project was running behind because the head of the project passed away. Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his staff would provide some information. Council Member Colmenero also asked for a status report on the Velocity Games. He congratulated Mr. Noe on his appointment as city manager and he complimented him on the way he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff to look into a problem with fallen palm trees in the R.T.A. project. He also asked staffto look into the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he also asked about setting up meeting to work on interlocal agreements with the Downtown Management District, the Port and the R.T.A. Council Member Cooper asked for an update on litigation regarding the Second Baptist Church. Acting City Attorney Reining said he would provide an update after the meeting. She also congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:14 p.m. on April 15, 2003. Minutes - Regular Council Meeting April 15, 2003 - Page 16 set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit. Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was awarded two years ago and that the Finance Department was handling the contract. Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last week that the fire station would be in place by the end of April but he had received information that the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that the beach would be closed for six to eight weeks for dredging required by the General Land Office. Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and Recreation, said that the project was running behind because the head of the project passed away. Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his staff would provide some information. Council Member Colmenero also asked for a status report on the Velocity Games. He congratulated Mr. Noe on his appointment as city manager and he complimented him on the way he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff to look into a problem with fallen palm trees in the R.T.A. project. He also asked staffto look into the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he also asked about setting up meetings to work on interlocal agreements with the Downtown Management District, the Port and the R.T.A. Council Member Cooper asked for an update on litigation regarding the Second Baptist Church. Acting City Attorney Reining said he would provide an update after the meeting. She also congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:14 p.m. on April 15, 2003. 2 a. LANDMARK COMMISSION - One (1) vacancy with term to 11-20-04 representing the category of Regular Member. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS TERM ORIGINAL APPTD. DATE Deborah Douglas (Historian), Chairperson 11-20-03 Alan Belcher (History Professor), Vice-Chair 11-20-05 Sharon Brower (Regular Member) 11-20-03 Michael Cleary (Regular Member) 11-20-04 Alan Wahlers (Architect) 11-20-04 Myron Grossman (Real Estate) 11-20-03 Richard Moore (History Teacher) 11-20-05 Susan Abarca (Title Search) 11-20-03 Bunny Tinker (Regular Member) 11-20-05 Kevin Maraist (Regular Member) 11-20-04 Elmon Phillips (Engineer) 11-20-05 Grandis Lenken (Real Estate) 11-20-05 Tom Kreneck (Regular Member) 11-20-04 David Blanke (Historian) 11-20-05 Terry K. Off (Architect) 11-20-03 4-25-95 8-12-97 9-08-98 7-13-99 12-11-01 5-15-01 7-11-01 5-15-01 5-15-01 9-08-98 8-24-99 7-08-97 9-12-00 11-12-02 7-13-99 * Resigned INDIVIDUALS EXPRESSING INTEREST Kurt Adams History Teacher, C.C.I.S.D. B.A. in History, M.S. in Educational Administration, Ed.D. in progress. Active with the U.S. Army Reserves, Reserve Officer Association and Phi Delta Kappa. (1-24-01) H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd, Leslie R. Kosik Burris W. McRee Geraldine McGloin David Pyle Realtor/Relocation Assistant, Prudential Real Estate Center. Currently attending Texas A&M-CC seeking a Bachelor's of Fine Arts. Active with the Prudential Spirit of the Community program which recognizes school children and their achievements. (5-11-01) Principal Broker/Owner, Gulfiex Properties. Member of the C.C. Association of Realtors TREPAC Committee. Has been an active Real Estate broker in South Texas for over 25 years. Holds both the CPM and CCIM designations, the only broker south of San Antonio to do so. (5-11-01) Retired. Graduate oflncarnate Word Academy, San Antonio, TX. Member of the C.C. Area Heritage Society, the Nueces County Historical Commission and the C.C. Cathedral Historical Commission. Has been involved in historic preservation for many years. Managed the McGloin Home in San Patricio County for 18 years. (4-04-01) Survey Department Manager, Naismith Engineering. Attended Del Mar College. Chapter President of the Texas Society of Professional Surveyors. Has been a registered professional land surveyor since 1988. (12-06-00) H:\SEC-DIR\SHARED'~BOARDS~PACKETS\04-22.03.wpd, ~ b. PARK AND RECREATION ADVISORY COMMITTEE - Three (3) vacancies with terms to 8-23-03. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Sandra Billish, Chairperson Rome Gregorio, Vice-Chairperson Davie Cissna Anne Baker Dorrinda Garza Tommy Watson Jr. J. Bradley Clarke Billy Olivarez Gerardo Alvarez Maria A. Ramos Patricia Pefia 8-23 -04 9-14-99 8-23-04 8-22-00 8-23-04 8-20-02 8-23-03 9-14-99 8-23-04 8-20-02 8-23-03 10-08-02 8-23-03 8-21-01 8-23-03 3-25-97 8-23 -03 1-26-99 8-23-04 2-12-02 8-23-03 7-09-02 * Has exceeded the number of absences allowed by ordinance ** Resigned NOTE: The Park and Recreation Advisory Committee is recommending the appointment of Clifford Bost, Gregory Perkes and James Robbins. INDIVIDUALS EXPRESSING INTEREST Gloria C. Aguilar Self-employed tax consultant. Community activities include: Campfire Girls VITA Coordinator for six years and Del Mar distribution for ten years. (1-16-03) Clifford E. Bost Assistant Public Information Officer, Texas Department of Transportation. B.A. in Communication, W/Film from Texas A&M University - Corpus Christi. Community activities include: Cubmaster P-11 for Boy Scouts of America (BSA), President of Coastal Bend Top Soccer, Chairman of the Planning Advisory Committee for Nueces County MHMR. Recipient of the Texas Dept. of Protective and Regulatory Services Foster Parent of the Year Award and the BSA District Award of Merit. (8-06-02) H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd, John E. Dunn Kevin Ferrau Sarah Hicks Gregory T. Perkes James Robbins Megan M. Welch Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recognitions include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-25-01) Asset Manager, Citgo Refining and Chemicals. M.B.A. from Pepperdine University, B.S. in Chemical Engineering from California State Polytechnic University. Community activities include the following: Padre Soccer League board member, director of player development and coach; City of Corpus Christi Recreation Department volunteer league player. (3-08-02) Account Executive, Blanton Public Relations. B.A. in Communication Arts, Texas A&M University - Corpus Christi. Member of the Texas Public Relations Association, and the Texas Hill Country Wine and Food Festival Committee. (4°09-03) Principal Attorney, The Perkes Law Firm. J.D. from St. Mary's University and B.A. from U.T. Austin. Professional and community involvement include the following: Secretary and Editorial Board member for Corpus Christi Lawyer Magazine, course director for the Annual Civil Appellate Law Seminar, Leadership Corpus Christi graduate XIX, sergeant-at-arms of the Downtown Rotary Club, YMCA Teen and Outreach Services and the Texas Family Business Scholarship Foundation. Recipient of the American Jurisprudence Award in Contract Law. (6-27-02) Retired pilot and air traffic controller. Certification in Ministry, Howard Payne University; A.A.S. in Mid- management and Communications, North Lake College, Irving, Texas. Activities include: Volunteer chaplain at Bay Area Hospital, and church missions (Brazil, Costa Rica, Turkey, Viet Nam, Peru and El Salvador). (5-10-02) Office Manager, Moffitt & Associates, Inc. B.B.A. in Management, Texas A&M University - Corpus Christi. H:\SEC-DIR\SHAREDkBOARDS~PACKETS\04-22-03.wpd, Co SISTER CITY COMMITTEE - Two (2) vacancies with terms to 9-03 and 9-05. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees. ORIGINAL MEMBERS TERM APPTD. DATE Ann Jaime, Chairperson 9-05 6-13-00 Sue Dulaney 9-04 9-08-98 Yalee Shih 9-05 10-21-97 Edna Balboa 9-04 9-11-01 Mufid A. Abudiab 9-05 10-10-00 Ellen Murry 9-05 4-16-02 Valerie Vargas Ballesteros 9-05 9-09-02 Gary Hansen 9-04 9-10-96 Regis Barber 9-04 12-10-02 George A. Garcia 9-04 9-09-02 Randy Farrar 9-04 6-11-02 Rose Gunji 9-04 9-09-97 Wayne Bennett 9-04 9-11-01 Raquel Madrigal 9-04 6-13 -00 * Melody Cooper 9-05 5-08-01 Judy Benkendorfer 9-03 10-10-00 Cruz Colomo 9-03 12-10-02 ** Neva Jean Honeycutt 9-03 12-10-02 Nancy Glenn Reynolds 9-03 12-10-02 Mary H. "Bebe" Morris 9-03 9-09-02 Sharon L. Phillips 9-03 9-09-02 * Elected to the City Council ** Resigned H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd, INDIVIDUALS EXPRESSING INTEREST Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M- Corpus Christi. Ph.D. from New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State Unversity, Tahlequah, Oklahoma. (10-18-02) Peter Kuntu-Mensah Assistant Professor of Computer & Math Sciences, Texas A&M University-Corpus Christi. Ph.D. from University of Maine; M.S. from Ohio State University. Member of the Texas Society of Professional Surveyors and the American Society of Photogram. (12-04-02) Sarah Hicks Account Executive, Blanton Public Relations. B.A. in Communication Arts, Texas A&M University - Corpus Christi. Member of the Texas Public Relations Association, and the Texas Hill Country Wine and Food Festival Committee. (4-09-03) Elizabeth R. Iglesias Science Teacher, South Park Middle School. M.S. Ed., Texas A&M University - Corpus Christi; B.A. in Spanish and History, Midwestem State University. (1-09-03) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University- Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (1-23-01) H:\SEC-DIR\SHARED~BOARDS~PACKETS\04-22-03.wpd, p. 8 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Koch Materials, Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-0079-03, based on only bid, for an estimated annual expenditure of $40,760 of which $13,584 is for FY02/03. 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. This material is used by Street Services for maintenance of City streets. Funds have been budgeted by Street Services for FY 02/03. Purpose: The SS-1 emulsion oil is used by Street Services as a tack-coat for patching work on City streets. The City does not have a storage facility for this material. The supplier is required to dispense material into City trucks and receive unused portions for credit. Previous Contract: The option to extend the previous contract was exercised, therefore new bids were required. Bid Invitation Issued: Two Bids Received: One Pricing Analysis: Pricing has increased approximately 5% since the last bid of 2001. Award Basis: Only bid. Historically, two local manufactures of emulsion oil have bid on this contract, Koch Materials and Texas Fuel & Asphalt. When contacted, Texas Fuel & Asphalt indicated they no longer produce emulsion oil. Funding: Stre~ Services 520130-1020-12420 520130-1020-12430 $ 3,600 37,160 Total $40,760 Micha~ B~i~rera, C.P.M./~ Procurement and General Services Manager Date: 3/28~03 Bid Invitation No. BI-0079-03 Buyer: Gabriel Maldonado Description 1 Emu s on O (SS-l) Qty. 50,950 Unit Gal. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION KOCH MATERIALS CORPUS CHRISTI TX Unit Total Price Price $0.80 $40,760,00 ~40,760.00 4 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for swimming pool chemicals in accordance with Bid Invitation No. BI-0077-03 based on low bid for an estimated annual expenditure of $42,540 of which $14,180 is for FY02/03. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Park & Recreation Department in FY 02-03. Valley Solvent Corpus Christi, TX Bid Items 1 and 2 Total: $35,010 Brenntag SW Inc. Elmerdorf, TX Bid Items 3 and 4 Total: $7,530 GRAND TOTAL: $42,540 BACKGROUND: Purpose: Bid Invitations Issued: Bids Received: Previous Contract: Award Basis: Price Analysis: Funding: The chemicals are used by the Park and Recreation Department, Aquatics Activity, in the treatment of swimming pools. Fifteen Four The option to extend the current contract has been exercised twice, therefore requiring the City to issue new bid invitations. Low Bid Pricing has remained stable from the previous contract. Account Amount Park & Recreation Dept. 520010-1020-13105 Pmmen &t Gefieral Services Manager $45,000 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI -0077-03 SWIMMING POOL CHEMICALS DATE: 3/05/03 1.0 Sodium Hypochlorite Valley Solvents Mid -Co Water I DPC Industries Valley Solvents I Mid -Co Water I DPC Industries ITEM QTY UNIT UNIT I EXT PRICE I UNIT JEXTPRICEJ $1.18 $5,310.00 UNDP JEXTPRICE $1.93 $8,685.00 1.0 33,000 GAL $0.90 $29,700.00 $0.99 $32,670.00 3.0 $1.15 $37,950.00 $0.78 $29,700.00 $32,670.00 $37,950.00 2.0 Muriatic Acid Valley Solvents Mid -Co Water I DPC Industries ITEM QTY I UNIT UNIT FEXTPRICE UNIT JEXTPRICEJ UNITEXT PRICE 2.0 4,500 GAL $1.18 $5,310.00 $1.75 $7,875.00 $1.93 $8,685.00 $5,310.00 $7,875.00 $8,685.00 3.0 Cyanuric Acid Valley Solvents Mid -Co Water DPC Industries Brennta2 SW Inc. ITEM QTY UNIT UNIT EXT PRICE UNIT EXT PRICE UNIT EXT PRICE UNIT EXT PRICE 3.0 3,000 LB $0.78 $2,340.00 $0.85 $2,550.00 $1.00 $3,000.00 $0.635 $1,905.00 $2,340.00 $2,550.00 $3,000.00 $1,905.00 4.0 Bicarbonate of Soda Valley Solvents Mid -Co Water DPC Industries Brenntag SW Inc. ITEM QTY I UNIT UNIT I EXT PRICE I UNIT JEXTPRICEJ UNIT I=PPdCEI UNIT JEXTPRICE 4.0 25,000 LB $0.25 $6,250.00 $0.30 $7,500.00 $0.38 $9,500.00 $0.225 $5,625.00 $6,250.00 $7,500.00 $9,500.00 $5,625.00 Award Total: $35.010.00 $7.530.00 Grand Total: $42,540.00 5 AGENDA MEMORANDUM DATE: April 16, 2003 SUBJECT: Miscellaneous Sewer Line Cleaning (Project No. 7225) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $574,823 with Chief Environmental Surveys for the Miscellaneous Sewer Line Cleaning. ISSUE: Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and dirt. This results in reduced line capacity and manhole overflows potentially leading to noncompliance with state or federal environmental regulations. This is an on-going program that systematically addresses problematic area within the City. This phase of the project will clean out and inspect approximately 15 miles of suspect collection system mains as a preventative measure to be followed by design and rehabilitation of confirmed problem areas. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Department ,Z~Cn~el R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map H/U SERS2/HOM E/VELMAR/GEN\WASTEWAT~7225~AG ENDA MEMO AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Miscellaneous Sewer Line Cleaning (Project #7225) PRIOR COUNCIL ACTION: 1. January 20, 1998 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services in the amount of $743,783 with Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at the following sites (Motion No. M98-007): · Carolyn Heights and Sunnybmok/Mansheim Wastewater Collection System Rehabilitation · Allison, Broadway, Greenwood, Oso Basins 15-Inch Diameter and Larger Sewer Lines Cleaning · Broadway Basin Sanitary SewerOverfow, Infiltration/InflowAssessment and Rehabilitation · Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement Investigation 2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services in the amount of $205,260, for a total re-stated fee of $960,400.40, with Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at the following sites (Motion No. M99-357): · Broadway Basin Sanitary Sewer Overflow, Infiltration/Inflow Assessment and Rehabilitation 3. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services in the amount of $238,400, for a total re-stated fee of $1,198,800.40, with Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at the following sites (Motion No. M2001-263): · Broadway Basin Sanitary Sewer Overflow, Infiltration/InflowAssessment and Rehabilitation · Review Cleaning Video Tapes of Allison, Broadway, Greenwood, Oso Basins 15-Inch Diameter and Larger Sewer Lines Cleaning · Miscellaneous Sewer Line Cleaning 4. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). H/USERS2/HOME/VEL MAR/G EN/WASTEWA~7225~GE NDA BACKGROUND EXHIBIT "A" ] Page 1 of 3 PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 - Executed Amendment No. 1 to the Contract For Professional Services in the amount of $11,357.40, for a total re-stated fee of $755,140.40, with Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at the following sites: · Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement Investigation 2. January 9, 2002 - Executed Amendment No. 4 to the Contract For Professional Services in the amount of $14,900, for a total re-stated fee of $1,213,700.40, with Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at the following sites: · Miscellaneous Sewer Line Cleaning BACKGROUND INFORMATION: Deterioration of the City's Wastewater collection system allows infiltration and inflow of water and dirt. This results in reduced line capacity and manhole overflows potentially leading to noncompliance with state or federal environmental regulations. This is an on-going program that systematically addresses problematic area within the City. This phase of the project will clean out and inspect approximately 15 miles of suspect collection system mains as a preventative measure to be followed by design and rehabilitation of confirmed problem areas. PROJECT DESCRIPTION: The project consists of a Base Bid and Additive Alternate "A". 1. Base Bid -The Base Bid consists of the cleaning and video recording of approximately 66,270 feet of various sanitary sewer lines, locating six (6) existing manholes and construction of two (2) new fiberglass manholes (if authorized by the Engineer), in accordance with the plans, specifications, and contract documents. The areas include: · Allison Wastewater Treatment Plant · Del Mar Boulevard · Louisiana Avenue · South Alameda Street · South Staples Street · Everhart Road and Saratoga Boulevard · IH 37 and Crosstown Expressway Additive Alternate "A" - Additive Alternate "A" consists of the cleaning and video recording of approximately 13,130 feet of various sanitary sewer lines, locating five (5) existing manholes and construction of two (2) new fiberglass manholes (if authorized by the Engineer), in accordance with the plans, specifications, and contract documents. The areas include: · Kingsbury Drive · Santa Gertrudis Drive · Calallen Drive and Teague Lane EXHIBIT "A" Page 2 of 3 H/USERS2t HOM E/VELMAR/GEN\WASTEWAT~7225tAGENDA BACKGROUND BID INFORMATION: Bids were received on April 9, 2003 with three (3) bidders submitting proposals. The bid proposal was set up with a Base Bid and Additive Alternate "A". The Base Bids range from $295,037.25 to $522,418.90. The proposal submitted by National Works, Inc. of New Braunfels, Texas contained an insufficient bid bond; and is therefore considered a non-responsive bid proposal. The City's consultant, Urban Engineering, and City staff recommend a contract be awarded to Chief Environmental Surveys of Houston, Texas for the Base Bid in the amount of $422,623 and Additive Alternate "A" in the amount of $152,200, for a total contract award of $574,823. CONTRACT TERMS: The contract specifies that the project will be completed as follows: · Base Bid - 100 Calendar Days · Base Bid and Additive Alternate "A" - 140 Calendar Days FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital Improvement Budget. H:/USERS2/HO ME/VELMAR/GEN/WASTEWA~7225',AGENDA BACKGROUND EXHIBIT "A" ] Page 3 of 3 PROJECT BUDGET MISCELLANEOUS SEWER LINE CLEANING (Project No. 7225) April 16, 2003 Wastewater ClP ........................................................................... $700,973.00 FUNDS REQUIRED: Construction (Chief Environmental Surveys) ....................................... Contingencies (10%) ..................................................................... Consultant (Urban Engineering) ........................................................ Major Projects Activity .................................................................. Construction Inspection Activity ...................................................... Miscellaneous (Printing, Advertising) ................................................. Total .......................................................................................... $574,823.O0 57,500.00 44,650.00 5,000.00 17,500.00 1,500.00 $700,973.00 EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering Date: Wednesday, April 9, 2003 Time of Completion: 100 Calendar Days Page 1 of 4 ENGINEER'S ESTIMATE: $343,660.00 MISCELLANEOUS SEWER LINE CLEANING CHIEF ENVIRO SURVEYS SPECIALIZED MAINT. NATIONAL WORKS, INC. 1535 N. Post Oak Rd. 4533 Pasadena Blvd. P. O. Box 310909 Houston, TX Pasadena, TX New Braunfels, TX Ci Pro ect No. 7225 77055 77503 78131 UNIT UNIT UNIT DESCRIPTION QTY. UNI PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Area 1 - Vicinity of Allison WWTP 1 _ Cleaning of Approx. 6,670 LF of 30" VCP Sewer Line 1 LS 100,050.00 $100,050.00 133,400.00 $133,400.00 39,686.50 $39,686.50 2. Cleaning of Approx. 2,180 LF of 27" VCP Sewer Line 1 3. Locate Existing MH LS 32,700.00 $32,700.00 39,240.00 $39,240.00 11,990.00 $11,990.00 6 4. New 4'o Fiberglass MH (6' to 10' Height) 1 EA EA 3,000.00 35,000.00 $18,000.00 $35,000.00 250.00 14,286.00 $1,500.00 $14,286.00 500.00 8,000.00 $3,000.00 5. New 5'o Fiberglass MH (Greater than 10' 1 EA 50,000.00 $50,000.00 19,853.00 $19,853.00 10,000.00 $8,000.00 $10,000.00 Depth) Area 1 Sub-Total$235,750.00 ' $208,279.00 $72,676.50 * Indicates error on bid proposal. Value shown is correct. Area 5 - Vicinity of Del Mar Blvd. 6. Cleaning of Approx. 8,830 LF of 6" VCP Sewer Line 1 7. Cleaning of Approx. 600 LF of 10" VCP LS 18,985.00 $18,985.00 22,869.70 $22,869.70 26,490.00 $26,490.00 Sewer Line 1 8. Cleaning of Approx. 790 LF of 12" VCP LS 1,290.00 $1,290.00 1,614.00 $1,614.00 1,800.00 $1,800.00 Sewer Line 1 LS 1,975.00 $197500 2,204.10 $2,204. 10 2,370.00 $2 370.00 Area 5 Sub -Total Area 6 - Vicinity of Louisiana Avenue $22,250.00 $26,687.80 $30,680.00 9. Cleaning of Approx. 11,700 LF of 6" VCP Sewer Line 1 10. Cleaning of Approx. 2,350 LF of 8" VCP LS 25,155.00 $25,155.00 27,963.00 $27,963.00 35,100.00 $35,100.00 Sewer Line 1 11. Cleaning of Approx. 2,480 LF of 10" VCP LS 5,053.00 $5,053.00 5,851.50 $5,851.50 7,050.00 $7,050.00 Sewer Line 1 12. Cleaning of Approx. 490 LF of 12" VCP LS 5,332.00 $5,332.00 6,671.20 $6,671.20 7,440.00 $7,440.00 Sewer Line 1 LS 1,225.00 $1,225.00 1,416.10 $141610 1,470.00 $147000 $36,765.00 901.810 $41,0 Area 6 Sub -Total $51,060.00 MISCELLANEOUS SEWER LINE CLEANING CHIEF ENVIRO SURVEYS SPECIALIZED MAINT. NATIONAL WORKS, INC. 1535 N. Post Oak Rd. 4533 Pasadena Blvd. P. O. Box 310909 Houston, TX Pasadena, TX New Braunfels, TX 77055 77503 78131 I(City Pro ect No. 7225 UNIT UNIT UNIT DESCRIPTION QTY. UNI PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Area 7 - Vicinity of South Alameda Street 13. Cleaning of Approx. 6,100 LF of 6" VCP Sewer Line 1 LS 13,115.00 $13,115.00 16,958.00 $16,958.00 18,300.00 $18,300.00 14. Cleaning of Approx. 640 LF of 8" VCP Sewer Line 1 LS 1,376.00 $1,376.00 1,843.20 $1,843.20 1,920.00 $1,920.00 15. Cleaning of Approx. 640 LF of 10" VCP Sewer Line 1 LS 1,376.00 $1,376.00 1,907.20 $1,907.20 1,920.00 $1,920.00 $15,867.00 $20,708.40 Area 7 Sub-Total $22,140.00 Area 8 - Vicinity of South Staples Street 16. Cleaning of Approx. 4,240 LF of 21" VCP Sewer Line 1 LS 25,000.00 $25,000.00 78,440.00 $78,440.00 22,260.00 $2226000 $25,000.00 $78,440.00 Area 8 Sub-Total Area 9 - Vicinity of Everhart Road and Saratoga Blvd. $22,260.00 17. Cleaning of Approx. 10,210 LF of 8" VCP Sewer Line I 1 LS 21,951.00 $21,951.00 26,443.90 $26 443.90 30,630.00 $301630.00 $21,951.00 $26,443.90 Area 9 Sub-Total $30,630.00 Area 10 -Vicinity of 1-37 and Crosstown Expressway 18. Cleaning of A pprox. 2,930 LF of 15" VCP Sewer Line 1 19. Cleaning of Approx. 1,440 LF of 16" VCP LS 10,000.00 $10,000.00 9,962.00 $9,962.00 11,573.50 $11,573.50 Sewer Line 1 20. Cleaning of Approx. 1,365 LF of 18" CIP LS 5,400.00 $5,400.00 5,256.00 $5,256.00 5,688.00 $5,688.00 Sewer Line 1 21. Cleaning of Approx. 470 LF of 21" VCP LS 5,460.00 $5,460.00 38,220.00 $38,220.00 5,391.75 $5,391.75 Sewer Line 1 22. Cleaning of Approx. 1,120 LF of 24" VCP LS 2,820.00 $2,820.00 6,345.00 $6,345.00 2,467.50 $2,467.50 Sewer Line 1 23. Cleaning of Approx. 1,020 LF of 27" VCP LS 6,720.00 $6,720.00 16,800.00 $16,800.00 5,880.00 $5,880.00 Sewer Line 1 LS 7,140.00 $7140.00 16,575.00 $16575.00 5,610.00 $5610.00 Area 10 Sub-Total $37,540.00 $93,158.00 $36,610.75 Page 2 of 4 24. 25. 26. MISCELLANEOUS SEWER LINE CLEANING CHIEF ENVIRO SURVEYS 1535 N. Post Oak Rd. Houston, TX 77055 ;oilowing Bid Items Apply to Each Area in he se lid Point Repair Allowance 1 LS 25 Traffic Control Plan 1 LS 1 Trench Safety 100 LF Bid Items 24,25 and 26 Sub -Total TOTAL BASE BID " Indicates error on bid proposal. Value shown is correct. kdditive Alternate Bid A krea 2 - Vicinity of Kingsbury Drive A-1 Cleaning of Approx. 1,550 LF of 36" VCP Sewer Line Area 2 Sub -Total krea 3 - Vicinity of Santa Gertrudis Drive A-2 Cleaning of Approx. 1,990 LF of 15" VCP Sewer Line A-3 Locate Existing Manhole A-4 New 4'm Fiberglass Manhole (Up to 6' Height) A-5 New 4'o Fiberglass Manhole (6' to 10' Height) Aarea 3 Sub -Total krea 4 - Vicinity of Calallen Drive and Teague L A-6 Cleaning of Approx. 6,760 LF of 8" VCP Sewer Line A-7 Cleaning of Approx. 2,830 LF of 10" VCP Sewer Line Area 4 Sub -Total 1 LS 26,350.00 1 LS 12,766.00 5 EA 1,200.00 1 EA 25,000.00 1 EA 35,000.00 ane 6,000.001 $6,000.00 1 LS 14,500.00 1 LS 6.084.00 SPECIALIZED MAINT 4533 Pasadena Blvd, Pasadena, TX 77503 AMOUNT NATIONAL WORKS, INC. P. O. Box 310909 New Braunfels, TX 78131 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000,00 $1,500.00 1,000.00 $1,000.00 3,000.00 $3,000.00 $1000.00 8.00 $800.00 10.00 $1000.00 $27,500.00 $26,800.00 $29,000.00 $422,623.00 " $522,418.90 $295,037.25 $26,350.00 31,000.001 $31,00 .001 9,222.501 $9.222.50 15, $14,500.00 P 13,532.00 $13,532 7,:0100:010 $7,860.50 $6,084.00 ( $8,461.70 8.490.00 58.490.00 $25,000'000.00 12,240.001 $1$2,240. 01 6,000.001 $6,000.00 15, $14,500.00 P 17,508.401 $17,508.401 20,280.001 $20,280.00 $6,084.00 8,461.70 $8,461.70 8.490.00 58.490.00 6 Page 3 of 4 MISCELLANEOUS SEWER LINE CLEANING CHIEF ENVIRO SURVEYS SPECIALIZED MAINT. NATIONAL WORKS, INC. 1535 N. Post Oak Rd. 4533 Pasadena Blvd. P. O. Box 310909 Houston, TX Pasadena, TX New Braunfels, TX 77055 77503 78131 (City Project No. 7225) UNIT UNIT UNIT DESCRIPTION QTY. UNI PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT The Following Bid Items Apply to Each Area in the A IdIthAlternate B A-8 Point Repair Allowance 1 LS 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 A-9 Traffic Control Plan 1 LS 500.00 $500.00 1,000.00 $1,000.00 3,000.00 $3,000.00 A-10 Trench Safety 100 LF 10.00 $1 000.00 8.00 $800.00 10.00 $1 000.00 $26,500.00 $26,800.00 Bid Items A -8,A-9 and A-10 Sub -Total $29,000.00 TOTAL ADDITIVE ALTERNATE A $152,200.00 $126,506.10 $91,353.00 TOTAL BASE BID + ADDITIVE ALTERNATE BID A $574,823.00 1 $648,925.00 $386,390.25 " xx Denotes Non -Responsive Bid - Insufficient Bid Bond Page 4 of 4  ~-~ ~ SonPot~ctoOounty LOCATION ~AP NOT TO SCALE C~TY PROJECT No. 7225 EXHiBiT "D" C~TY COUNCZL EXHZB~T M~SCELLANEOUS SEWER L~NE CLEWING ~ o~ ~ PAGE: I of 1 CI~ OF CORPUS CHRISTI, ~5 DA~: 04-16-2003 6 AGENDA MEMORANDUM DATE: April 16, 2003 SUBJECT: RTA Bus Stop Miscellaneous Street Improvements, Phase 2 · Leopard Street at Stillman (Project No. 6190) · Leopard Street at Jamison (Project No. 6183) · Leopard Street at Westchester (Project No. 6184) · Leopard Street at Kennedy (Project No. 6192) · Leopard Street between McCampbell/Sunbelt (Project No. 6187) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $144,117.20 with Third Coast General Contractors for the RTA Bus Stop Miscellaneous Street Improvements, Phase 2. ISSUE: The City and RTA have identified various City streets where bus stop improvements are required. FUNDING: Funds to finance the project are available in the FY 2002-2003 Street Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map H:/USERS2~HOME\VELMAR/GEN/STREET~6183 RTA PHASE 2~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: RTA Bus Stop Miscellaneous Street Improvements, Phase 2 · Leopard Street at Stillman (Project No. 6190) · Leopard Street at Jamison (Project No. 6183) · Leopard Street at Westchester (Project No. 6184) · Leopard Street at Kennedy (Project No. 6192) · Leopard Street between McCampbell/Sunbelt (Project No. 6187) PRIOR COUNCIL ACTION: 1. July 13, 1999- Approval of an Interlocal Governmental Agreement with the RTA for street improvement purposes (Resolution No. 023693). 2. July 13, 1999 - Ordinance appropriating $500,000 from the RTA in the No. 3530 Street Capital Projects Fund for the Special Projects 1999 Street Improvement Program; amending Ordinance No. 023474, which adopted the FY 1998-99 Capital Budget, by adding $500,000 to the No. 3530 Street Capital Projects Fund; and declaring an emergency (Ordinance No. 023694). 3. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $49,090 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2000-134). April 17, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes (Resolution No. 024423). 5. May 8, 2001 - Ordinance appropriating $500,000 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects 2001 Street Improvement Program; amending the FY 00-01 Capital Budget adopted by Ordinance No. 024162 by adding $500,000 to the Street CIP Fund; and declaring an emergency (Ordinance No. 024436). May 15, 2001 - Ordinance appropriating $331,625 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for Special Projects 2000 Street Improvement Program; amending the FY00-01 Capital Budget adopted by Ordinance No. 024162 by adding $331,625 to the Street Capital Improvement Fund (Ordinance No. 024454). May 15, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2001-190). 4 EXHIBIT "A" Page 1 of 3 PRIOR COUNCIL ACTION (continued): 8. June 25, 2002 - Ordinance appropriating $500,000 into the Street CiP Fund No. 3530 from the Regional Transportation Authority for the RTA 2002 Special Projects Program, increasing Fund No. 3530 appropriations by $500,000 and declaring an emergency (Ordinance No. 024918). 9. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 3 to the Consultant Contract with Shiner, Moseley & Associates, Inc. for a total fee not to exceed $52,020 for the RTA Miscellaneous Street Improvements Project (Motion No. M2003-077). PRIOR ADMINISTRATIVE ACTION: 1. Au.qust 19, 2002 - Executed Small A/E Agreement for Architect/Engineer Consultant Services with Felix H. Ocanas, Jr., P. E. for a total fee not to exceed $16,000 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. February 18, 2003 - Executed Amendment No. 2 to the engineering contract in the amount of $8,670 for a total fee not to exceed $106,850 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements, Phase 2A. March 17, 2003 - Executed Amendment No. 1 to the Small NE Agreement for Architect/Engineer Consultant Services with Felix H. Ocanas, Jr., P. E. for a fee not to exceed $2,400, for a total re-stated fee not to exceed $18,400, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. FUTURE COUNCIL ACTION: Award of a construction contract for the Regional Transportation Authority (RTA) Miscellaneous Bus Stop Improvements, Phase 3. BACKGROUND INFORMATION: The City of Corpus Christi entered into an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for bus stop miscellaneous street improvement purposes. Since then monies have been appropriated for the Special Projects Program in 1999, 2000, 2001, and 2002. The proposed project consists of making improvements to various City streets where bus stop improvements are required. PROJECT DESCRIPTION: The proposed project consists of minor demolition and construction of bus turnouts, sidewalk, curb and gutter, and pavement repair at five bus stop locations throughout the City as follows: 1. Leopard Street 2. Leopard Street 3. Leopard Street 4. Leopard Street 5. Leopard Street at Stillman at Jamison at Westchester at Kennedy between McCampbell and Sunbelt ti/USERS2\HOMEWELMAR/GEN/STREET~6183 RTA PHASE 2t AGENDA BACKGROUND EXHIBIT "A" ] Page 2 of 3 BID INFORMATION: Bids were received on April 9, 2003 with five (5) bidders submitting proposals. The bid proposal was set up with a Base Bid and two (2) Additive Alternates. The Base Bid consists of improvements to the following sites: Leopard Street at Stillman · Leopard Street at Jamison · Leopard Street at Westchester · Leopard Street at Kennedy Additive Alternate No. 1 consist of improvements to the following site: · Leopard Street between McCampbell and Sunset Additive Alternate No. 2consist of improvements to the following site: · Leopard Street at Hereford The bids range as follows: Base Bid Additive Alternate No. 1 Additive Alternate No. 2 from $113,667.49 to $191,671.82 from $29,438.03 to $48,963.80 from $33,280.66 to $56,101.71 Third Coast General Contractors of Corpus Christi, Texas submitted the Iow bid. The City consultant, Shiner, Moseley & Associates, and City staff recommend a contract be awarded to Third Coast General Contractors for the Base Bid in the amount of $113,667.49 and Additive Alternate No.1 in the amount of $30,449.71, for a total contract amount of 144,117.20. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by September 2003. FUNDING: Funds for this project are available in the FY 2002-2003 Street Capital Improvement Budget. EXHIBIT "A" Page 3 of 3 H/U SERS2/HO M E/VELMAR/GEN/STRB E~6183 RTA PHASE 2/AGENDA BACKGROUND PROJECTBUDGET RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 Leopard at Stillman (Project No. 6190) [Base Bid] Leopard at Jamison (Project No. 6183) [Base Bid] Leopard at Westchester (Project No. 6184) [Base Bid] Leopard at Kennedy (Project No. 6192) [Base Bid] Leopard b/n McCampbell/Sunbelt (Project No. 6187) [Add. Alt. No. 1] April 16, 2003 FUNDS AVAILABLE: FY 2000-2001 Street CIP ............................................................. $255,806.00 FUNDS REQUIRED: Construction (Third Coast General Contractors) .............................. Contingencies (10%) .................................................................. Consultant (Shiner, Moseley & Associates) ....................................... Consultant (Felix H. Ocanas, Jr.) ................................................... Consultant (David L. Walker, Architect) .......................................... Major Projects Activity .................................................................. Construction Inspection ............................................................... Texas Dept. of Licensing and Regulation .......................................... Incidentals (Printing, Advertising) ................................................... Total ....................................................................................... $144,117.20 14,411.72 49,090.00 2,400.00 200.00 2,500.OO 6,500.00 500.00 t ,000.00 $220,718.92 H:\USE RS2/HO ME/VELMARtGEN/STREE 1~6 ~ 83 RTA PHASE 2/PROJECT BUDGET EXHIBIT"B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering SeMces DATE: Wednesday, April 9, 2003 ENGINEER'S ESTIMATE: $121,000.00 TIME OF COMPLETION: 120 cal. Days REM RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) I DESCRIPTION QTY. UNIT THIRD COAST GEN. CONTR. PO BOX 271396 CC, TX 78427 UNIT PRICE AMOUNT RS PARKER CONSTR. 110 MAGNOLIA PORTLAND, TX 78374 UNIT PRICE AMOUNT DMB CONSTR. PO BOX 71118 CC, TX 78,167 UNIT PRICE AMOUNT ECONOMY SVCS„ INC. PO BOX 5710 CC, TX 78465 UNIT PRICE AMOUNT BARCOM COMMERCIAL 1710 STE B CC, TX 78416 UNIT PRICE AMOUNT 1 2 3 Remove existing asphalt pavement complete In place per SY. Remove existing wrb/gu0er, complete in place per LE. Remove exiseng sidewalk/ddveway, complete in place per SE. 539 343 237 S. Y. L. F. S. F. $13.00 $14.00 $13.00 $7,007.00 $4,802.00 $3,081.00 $10.00 $10.00 $10.00 $5,390.00 $3,430.00 $2,370.00 $22.86 $7.33 $2.08 $12,321.54' $2,514.19 $492.96 53.50 $3.60 $224 $1,888.50 $1,234.80 3530,88 $37.75 $3.11 $3.73 $2034725 $1,086.73 3884.01 4 New 6" wrb/guger, complete in place per LF. New canasta sidwalk/wrt rampe/ddmreway/shelter pad, complete In 375 L. F. $14.99 $5,621.25 $20.00 $7,500.00 $2539 $9,521.25 ' $6.70 $2,512.50 $36.71 $13,786.25 5 place per$E. New perimeter wrb at sidewalk/shelter pad, wmplete in place par 2,125 S. F. $9.25 $19,656.25 $20.00 $12,500.00 $12.06 $25,627.50 $42.50 $90,312.50 $27.74 $50,447.50 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LE. New wnaete pavement, wmplete in place per Sy. New asphaK pavement, wmplete in place per Sy. Adjust manhole cdiam, wmplete in place per E9. Ma1Ky storm Inlet wmplete in place per F.A. New storm inlet, wmplete In piece per F.A. New stem manhole, complete in place per l6. New storm headwall, wmplete in platy per E9. 1Y RCP (With backfill), axnplOKe in platy per LE. 18" RCP (with backfill), aanplete in platy per LE. 24" RCP (with backfill), wmplete in platy per LE place par . Pavementds, om s, wmDl te pi,,, New hollaNs, wmplete In Place Per EA. Traffic Control and Banireding, wmplete In place per EA. TOTAL BASE BID (ITEMS I.19) 89 558 45 2 1 2 2 0 30 90 0 235 4 4 1 L F. S. V. 1 S. V. EA EA EA FA EA. L F. L. F. L. F. S. F. EA EA $16.00 $66.88 $33.00 $666.00 $1,386.00 521490.00 $3.100.00 $3,300.00 $37.88 $44.00 $46.00 $15.93 $533.00 $2,100.00 $1,424.00 $37.319.04 $1,48500 $1,332.00 $1,388.00 541980.00 $6,200.00 $0.00 $1,136.40 $3,980,00 $0.00 $3,743.55 52.132.00 $8,400.00 $113,667.49 $24.00 $60.00 545.00 $500.00 5800.00 $1,650.00 32.600.00 $0.00 540.00 $41.00 $0.00 $13.00 $250.00 $1,875.001 $2,136.00 $33,480.00 $2,025.00 $1,000.00 $800.00 $3.300.00 $5,200.00 $0.00 $1,200.00 $3,690.00 $0.00 $3,056.00 $1,000.00 $7,500.00 $125,576.00 $13.88 $9562 $102.38 $753.00 $1,186.00 $1,475.00 $2,738.00 $0.00 540.57 $43.72 $0.00 $12.75 $329.001 $1,35200 $1,235.32 $53,913.96 ' $4,607.10 $1,506.00 $1,186.00 $2,950.00 1 $5,47200 $0.00 $1,217.10 33,934.81 SOHO $2,996.25 $1.318.00 $5.408.00 $136,219.97 $293 $42.50 $39.50 $375.00 $270.00 $1.075.00 $480.00 $0,00 $28.95 $36.70 $0,0X1 $15.90 $276.50 31.560.00 $260.77 523,715.00 $1,777.50 $750.00$373.00 $270.00 32,150.00 $960.00 $0.00 $868.50 $3,303.00 $0.00 $3,736.50 $1,114.00 38,240.00 $141,6224$ $31.61 $8828 $6725 $498.20 52,888.31 1 $3,335.45 $0,00 $58.53 $39.48 $0,00 $15.88 $159.42 $6,222.50 $2,813.29 $49,280.24 $3,02625 $748.00 $49820 $5,776.82 $8,670.90 50,00 $1,755.90 $5,35320 $0.00 $3,731.80 $837.66 524.880.00 5191,671.82 • Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. M In X ,o x � m o A 0 ' Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) THIRD COAST GEN. CONTR. PO BOX 271396 CC, TX 78427 RS PARKER CONSTR. 110 MAGNOLIA PORTLAND, TX 78374 DMB CONSTR. PO BOX 71118 CC, TX 78467 ECONOMY SVCS., INC. PO BOX 5710 CC, TX 78485 BARCOM COMMERCIAL 1710 STE 6 CC, TX Till ITEM DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUM Additive Alternate No. 1 1 Remove existing asphalt pavement, complete In place per Sy. 105 S. Y. $13.00 $1,365.00 $10.00 $1.050.00 $22.86 $2,400.30 $3.50 $367.50 $37.75 $3,983.75 2 Remove axlsting curb/gutter, complete in place par LE. 0 L. F. $14.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.60 $0.00 $0.00 $0.00 3 Remove existing sidewalktdrivevay, complete in place per SE. 0 S. F. $13.00 $0.00 $0.00 $0.00 $0.00 $0.00 $224 $0.00 $0.00 $0.00 q New 6" curb/gutter, complete in place per LE. 100 L. F. $14.99 $1,499.00 $20.00 $2,000.00 $25.39 $2,539.00 $6.70 $670.00 538.71 $3,671.00 5 New concrete sidwalklourb ramps/dnveway/shelter pad, complete in place per$E. 375 S. F. $9.25 $3,468.75 $20.00 $7,500.00 $12.06 54,522.50 ' $42.50 $15,937.50 $23.74 $8,902.50 6 New perimeter curb at sidewalk/shelter pad, complete in place per LE. 51 1 L. F. $16.00 $816.001 $24.00 $122A.00 $13.88 $707.88 ' $2.93 $149-431 $31.61 $1,612.11 7 New concrete pavement, complete in place per Sy. 128 S. Y. $66.88 $8.560.66 $60.00 $7,680.00 $96.63 $12,368.64 ' 54250 $5,440.00 588.28 $11,299.64 8 New asphalt pavement, complete in place per SY. 0 S. Y. $33.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9 Adjust manhole collars, complete in place per EA. 0 EA $666.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10 Modify storm Inlet, complete in place per EA. 0 EA. $1,388.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11 New storm Inlet, complete in place per EA. 1 EA $2,490.00 $2,490.00 $1,650.00 $1,650.00 $1,475.00 $1,475.00 $1,075.00 $1,07500 $2,888.31 $2,888.31 12 New storm manhole, complete in place per EA. 1 EA $3,100.00 $3,100.00 $2,600.00 $2,600.00 $2.736.00 $2,736.00 $480.00 $480.00 $3,335.45 $3,335.45 13 New storm headwall, complete in place per E6. 1 1 EA. $3,300.001 $3,300.00 $1,250.001 $1,250.00 $450.001 $450.00 $365.00 $365.00 $2,01522 $2,01522 14 12- RCP (with backfill), complete in place per LE. 14 L. F. $37.88 $530.32 $40.00 $560.00 $40.57 $567.98 ' $15.90 $222.60 S58.531 $819.42 15 18' RCP (with backfill), complete in place per LE. 0 L. F. $44.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 16 24" RCP (with backfill), complete in place per LE. 70 L. F. $46.00 $3,220.00 $55.00 $3,850.00 $50.00 $3,500.00 545.30 $3,171.00 $60.41 $4,228.70 17 Pavement markings, complete in place per SE. 0 S. F. $15.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 New bollards, complete in place per EA. 0 EA. $533.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19 Traffic Control and Barricading, complete in place per E& 1 EA. $2,100.00 $2,100.00 $2,000.00 $2,000.00 $1,352.00 $1,352.00 $1,560.00 $1,560.00 $62'17.50 $6,227.50 TOTAL ADDITIVE ALTERNATE NO. 1(ITEMS 1-19) $30,449.71 $31,361.00 $32,619.30 $28,438.03 William ' Indicates multipication error. Correct number is reflected on Bid Tab. "Indicates no Unit Price Bid. • Indicates multipication error. Correct number is reflected on Bid Tab. -Indicates no Unit Price Bid. RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) THIRD COAST GEN. CONTIL PO BOX 271396 CC, TX 78427 RS PARKER CONSTR. 110 MAGNOLIA PORTLAND, TX 78374 DMB CONSTR. PO BOX 71115 CC, TX 78467 ECONOMY SVCS., INC. PO BOX 5710 CC, TX 78185 BARCOM COMMERCIAL 1710 SM B CC, TX 78415 ITEMI DESCRIPTION DTV. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNTPRNX: AMOUNT UNIT PRICE AMOUNT Additive Alternate No. 2 1 Remove a dstlng aspha0 pavement, complete In place per Sy. 45 S. Y. $13.00 $585.00 $10.00 $450.00 $22.86 $1,028.70 ' $3.50 $157.50 $37.15 $1,671.75 ' 2 Remove misting mdLguBer, complete In place per LE. 0 L F. $14.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 SO.00 3 Remove existing sidewalk1ddveway, complete In place per SE. 0 S. F. $13.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 Nov, 6" mrb/gutter, complete in place per LE. 106 L. F. $14.99 $1,588.94 $20.00 $2,120.00 $25.39 $2,891.34 $6.70 $710.20 $36.71 $3,89126 5 New mnmte sidwalk/curb romps/driveway/shelter pad, complete in plam per SE. 560 S. F. $925 $5,180.00 $20.00 $11,200.00 $12.06 $6,753.60 542.50 $23,800.00 $23.74 $13,294A0 6 New pedmeter mm at sldewalk/shefier pad, complete in place per ILE. 28 1 L F. $10.00 $416.00 $24.00 $624.00 $13.88 5360.66 5293 $76.18 $31.61 5821.88 7 New conaete Pavement, complete in plam per Sy. 144 S. Y. $66.88 $9,630.72 $60.00 58,640.00 $96.62 $13,913.28 $42.50 $6,120.00 $88.28 $12,712.32 8 New asphalt pavement complete in plain per Sy. 0 S. Y. $33.00 $0.00 $0.00 $OHO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9 Adjust manhole cdlars, complete In place per E6. 0 EA $568.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 $0.00 10 Modify Stam inlet complete in place per EA. 0 E0. $1,388.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $p,00 $0.00 50.00 11 New storm inlet, complete In plain per E6. 2 EA. $2,490.00 $4,980.00 $1,650.00 53,300.00 $1,475.00 52,950.00 $0.00 $2,888.31 $5.778.62 12 New storm manhole, complete In place per E6. 0 EA $3,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 New storm headwall, complete In place per EA. 0 EA 53,300.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.001 $0.00 14 12" RCP (with backfill). oo nplete In place per LE. 0 L. F. 537.88 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 15 18" RCP (with backfill), complete in place per LE. 200 1 L. F. $44,00 $81800-00 $41.00 $8,200.00 $43.72 $8,744.00 538.70 $7,340.00 $58.53 $11,706.00 16 24" RCP " backfill), complete In place per LE. 0 L. F. 548.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 17 Pavement markings, canplete in place per S.E. 0 S. F. $15.93 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 New bollards, complete In plam per E6. 0 EA $533.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19 Traffic Control and Banimding, complete in place per E6. 1 EA. 1 $2,100.001 $2,100.00 $2,000.00 $2,000.00 $1,352.00 $1,352.00 $1,560.00 $1,580.00 $8,227.50 $6,227.50 TOTALADDI77VEALTERNATENO. 20TEUS I-19) $33,280.88 $381 $37,793.80 $39,763.88 $56,101.71 • Indicates multipication error. Correct number is reflected on Bid Tab. -Indicates no Unit Price Bid. RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2 (PROJECT NO. 6183, 6184, 6185, 6187, 6190, 6192) THIRD COAST GEN. CONTR. PO BOX 271396 CC, TX 78427 RS PARKER CONSTR. 110 MAGNOLIA PORTLAND, TX 78374 DMB CONSTR. PO BOX 71118 CC, TX 78467 ECONOMY SVCS., INC. PO BOX $710 CC, TX 78465 BARCOM COMMERCIAL 1710 STE B CC, TX 78416 ITEM DESCRIPTION QTY. I UNIT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT TOTAL BASE BID $113,66T49 $125,576.00 $136,219.97 $141,622.45 $191,671.82 TOTAL BASE BID +ADD. ALT. NO. 1 $144,117.20 $156,940.00 $168,839.27 $171,060.48 $240,635.62 TOTAL BASE BID + ADD. ALT. NO. 1 + ADD. ALT. NO. 2 $177,397.86 $193,474.00 $206,633.07 $210,824.36 $296.737.33 ` Indicates multipication error. Correct number is reflected on Bid Tab. —Indicates no Unit Price Bid. /.H. 37 'A / LEGEND ~ ~. ~A. BUS STOP STRE~ ~OVr~E~ S~T[S LOOA T[ON NOT TO SCALE PROJECT No. 6190, 6183, 6184, 6192, 6187 EXHZBZT "O" ( RTA ) Bus Stop M~sce~Zaneous Stceet C~TY COUNCZL EXH~BZT OEPAR~ENT OF ENGINEERING SER~CES [mpcovements, Phase 2 PAGE: I of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-16-2003 7 AGENDA MEMORANDUM DATE: April 16, 2003 SUBJECT: Buccaneer Little League Public Improvements, Phase 1 Re-Bid (Project No. 4230) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $37,145 with CamRett Corporation for the Buccaneer Little League Public Improvements, Phase 1 Re-Bid. ISSUE: The proposed project was previously bid; however, bids were rejected due to budget constraints. The leadership of the Buccaneer Little League has agreed on a revised scope of improvements within budget. Improvements include demolition and replacement of existing concrete sidewalks, flatwork, and installation of new angle frame bleachers. FUNDING: Funding is available from the FY 2000-2001 Community Development Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Housing and Community Develo~'nent ~O["-~'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit "D" Location Map H:\USERS2/HOME/VELMAR/GEN/CDBG/BUCCANEER~,GENDAMEMO BACKGROUND INFORMATION SUBJECT: Buccaneer Little League Public Improvements, Phase I Re-Bid (Project No. 4230) PRIOR COUNCIL ACTION: 1. May 9, 2000 - Approval of the FY 2000-2001 Community Development Block Grant (CDBG) Program (Ordinance No. 024036). PRIOR ADMINISTRATIVE ACTION: 1. February 6, 2001 - Executed Small NE Agreement with Bennett, Martin, Solka, & Torno, Inc. Architects in the amount of $6,550. 2. August 7, 2001 - Executed Amendment No. I to Small A/E Agreement with Bennett, Martin, Solka, & Torno, Inc. Architects in the amount of $600, for a total restated fee not to exceed $7,150. 3. October 21, 2002 - Executed Amendment No. 2 to Small NE Agreement with Bennett, Martin, Solka, & Torno, Inc. Architects in the amount of $5,000, for a total restated fee not to exceed $12,150. PROJECT BACKGROUND: Buccaneer Little League is located at 4233 Baldwin. This project was bid on September 19, 2002; however, bids were rejected for budget reasons. The leadership of the Buccaneer Little League changed and agreement was reached on a revised scope of improvements within budget. The facility is old and improvements are required to adequately serve the little league community. Completion of this project will comply with requirements specified in the Americans With Disabilities (ADA) Act. PROJECT DESCRIPTION: The proposed project consists of demolition and replacement of existing concrete sidewalks and flatwork as indicated and furnishing and installation of new angle frame bleachers at 4235 Baldwin all in accordance with the plans, specifications and contract documents. BID INFORMATION: The project consists of a Base Bid. The City received proposals from six (6) bidders on April 9, 2002. See Exhibit "C" Bid Tabulation. The bids range from FUNDING: Funds for this project are available in the FY 2000-2001 Community Development Block Grant (CDBG) Program. EXHIBIT "A" Page 2 of 2 H:/USERS2/HOMEXVELMAR/G EN/CDBG/BUCCANEER~AGENDABACKGRQUND BUCCANEER LITI'LE LEAGUE PUBLIC IMPROVEMENTS, PHASE 1 RE-BID (Project No. 4230) April 15, 2003 FUNDS AVAILABLE: FY 2000-2001 CDBG ................................................................... FUNDS REQUIRED: Construction (Camrett Construction) ............................................. Contingencies (10%) .................................................................. Consultant (Bennett, Martin, Solka, Torno) ....................................... TDLR Contract Provider (William Stalter & Associates, Inc.) ............... Major Projects Activity .................................................................. Survey Activity ........................................................................... Construction Inspection ............................................................... Texas Dept. of Licensing ............................................................ Incidentals (Printing, Advertising) ................................................... Total ....................................................................................... $80,000.00 $37,145.00 3,714.50 12,150.00 250.00 3,000.00 3,270.00 3,300.00 400.00 1,000.00 $64,229.50 EXHIBIT "B" Page 1 of 1 H:~USERS2YrIOMEWELMARIGEN\CDBG~BUCCAN~:ERIPROJECTBUDGET TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CRY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, April 9, 2003 ENGINEER'S ESTIMATE: $42,000.00 TIME OF COMPLETION: 60 Cal. Days BUCCANEER LITTLE LEAGUE Camret Corp. EGI Construction Co. Economy Services, Inc. PUBLIC IMPROVEMENTS, PHASE 1 REBID PMB 205, 3636 S. Alameda Ste. B 10201 Leopard Street #A 1018 Hibiscus PROJECT NO. 4230 Corpus Christ, TX 78411 Corpus Christi, TX 78410 Corpus Christ, TX 78405 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Furnish all labor and materials, tools, and necessary equipment, and to perform the work required at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wt. 1 L. S. $37,145.00 $41,925.30 $43,690.00 TOTAL BASE BID $37,145.00 $41,925.30 $13,690.00 BUCCANEER LITTLE LEAGUE Coastal Resources, LTD. DMB Construction Four Star Design & Constr. PUBLIC IMPROVEMENTS, PHASE 1 REBID P. O. Drawer E P. 0. Box 71118 730 Quetzal Street PROJECT NO. 4230 Corpus Christi, TX 78469 Corpus Christ, TX 78467 Corpus Christ, TX 78418 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Furnish all labor and materials, tools, and necessary equipment, and to perform the work required at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to -wit 1 L. S. $45,570.00 $46,478.00 $47,500.00 TOTAL BASE BID $45,570.00 $46,478.00 $17,500.00 P~ECT L~TZ~ NOT TO S~LE ..... . WCZNZTY ~AP~ ~ ~ NOT TO SCALE C~ PROJECT No. 4230 EXHXBIT "D" BUOC~EER LITTLE LEAGUE PUBLIC CZTY COUNCZL EXHZBZT ~ DEPAR~ENT OF ENGINEERING SER~C~ IMPROVEMENTS, PHASE 1 RE-BID PAGE: ~ of I ~ ~ CI~ OF CORPUS CHRISD, TE~S DA~: 04-16-2003 ~ 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 22, 2003 AGENDA ITEM: A Ordinance authorizing the City Manager, or designee, to implement the Participation Agreement between the City and Hogan Development Co., L.P., in the amount of $27,400 for construction of a Wastewater Service Line; and declaring an emergency. Ordinance appropriating $27,400.00 from Hogan Development Co., L.P., in the No. 3430 Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park Wastewater Service Line Extension; and declaring an emergency. Motion authorizing the City Manager, or his designee, to award a construction contract to King-Isles, Inc. in the amount of $389,364.75 for the Bill Witt Park Wastewater Service Extension (Project No. 7277). ISSUE: The Padre Soccer league at Bill Witt Park is assuming responsibility for building a restroom facility at the park. This project is necessary to extend an existing line to provide sanitary sewer service to that facility, to a proposed subdivision development and for future extension and expansion of Bill Witt Park. FUNDING: Funding for this project is available in the FY 02 -03 Wastewater Capital Improvement Program and through a Participation Agreement with the developer. CONCLUSION AND RECOMMENDATION: Approval of the participation agreement and construction contract is recommended to begin construction phase services. Foster Crowell, Director of Wastewater Services ~ Director of Engineering ~ervices Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Background Participation Agreement Bid Tab Location Map H:\HOME\LYNDAS\GEN\Wastewater\7277 - Bill Witt Park Service Extension\Memo,DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Bill Witt Park Wastewater Service Extension (Project No. 7277). (Project #7277) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. January 17, 2003 - Administrative approval of an contract for plan preparation with Urban Engineering in the amount of $17,500 for the Bill Witt Park Wastewater Service Extension project. FUTURE COUNCIL ACTION: Nothing anticipated. PROJECT BACKGROUND: The Padre Soccer League is assuming all responsibility to construct a restroom/concession facility at the Bill Witt Park. This project is necessary to extend an existing line to provide sanitary sewer service to that facility. The line will initiate from an existing manhole on the westside of Cimarron Boulevard, just south of Yorktown Boulevard. The line crosses Cimarron and goes easterly across a proposed sub-division and into Bill Witt Park. The developer, Hogan Development Co., L.P., has agreed to participate in this project where improvements cross through his property. PROJECT: This project consists of approximately 1,800 linear feet of wastewater collection line, manholes, service risers, clean-out and miscellaneous items of work required to complete the project in accordance with the plans, technical specifications and contract documents. PARTICIPATION AGREEMENT: A participation agreement is attached as Exhibit "B". BID INFORMATION: This project consists of a base bid and one additive alternate. The work for the additive alternate was for the portion of the work which crossed the proposed sub-division development by Hogan Development L.P. The City received proposals from four (4) bidders on April 9, 2003. (See Exhibit "C") The base bids ranged from $361,964.75 to $452,177.00. The Engineer's estimated construction cost for the base bid was $370,48.80. One of the bid proposals contained an error on the schedule of values, but this did not affect the priority bid order. EXHIBIT "A" Page 1 of 2 King-Isles, Inc. was the lowest bidder. Therefore, the City's Consultant, Urban Engineering, and city staff, recommend that based on Iow bid and past satisfactory experience, a contract be awarded to King-Isles, Inc., in the amount of $389,364.75 for the Bill Witt Park Wastewater Service Extension project for the base bid and additive alternate #1. CONTRACT TERMS: This project is scheduled to take 60 calendar days with completion estimated to be in late July 2003. EXHIBIT "A" Page 2 of 2 WASTEWATER LINE PARTICIPATION AGREEMENT THE STATE OF TEXAS THE COUNTY' OF NUECES THIS AGREEMENT is entered into between the City of Corpus Chdsti, a Texas Home-Rule Municipal Corporation, p O Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, hereinafter called 'CJly' and Hogan Development Co., L.P., a Texas Limited Partnership, 304 Chama, Victoria, Texas, 77904, Victoria, County, hereinafter called "Developer". WHEREAs, The City has contracted to install a wastewater service line to Bill Witt Park project #7277, and WHEREAS, the route of this line will cross property proposed for development as a residential subdivision owned by Hogan Development Co., L.P., and WHEREAS, Hogan Development Co., L.P., will require access to this wastewater line for services to the residential property, and WHEREAs, it is in the best interest of the C~ and the Developer for the wastewater collection system to be constructed in its permanent sizing and location; NOW, THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: REQUIRED CONSTRUCTION The City will construct all the wastewater collection system across Hogan Development Co., L.P., up and into Bill Witt Park in accordance with the plans and specifications approved by the City Engineer and in compliance with the contract to be awarded by the City of Corpus Christi. EASEMENTS The Developer will dedicate to the City at a mutually acceptable location, a required utility easement and temporary construction easement across h s property for the PUrpose of constructing a permanent wastewater collection system. REIMBURSEMENT The Developer will reimburse the City 100% of the cost of alternative bid items for deep-cut service risers and manhole A-3 as identified in the awarded proposal. Money to be paid upon execution of this agreement in the amount of $27,400. NOW THEREFORE, for and n consideration of said Developer participation for deep-cut service risers and manhole A-3, in connection with wastewater line for Bill Witt Park Project #7277, the City and Developer further agree as follows: 1. The City shall indemnify and hold harmless the Developer, its agents, o~cers and employees '"in- · - t aemmtees ) from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this wastewater line construction. Wastewater Line Participation Ag~ement Bill Witt Park Page 1 of 2 EXHIBIT "B" Page 1 of 2 2. Developer further agrees, in compliance with the City of Corpus Chdsfl Ordinance No. 17112, to complete, as pert of this Agreement, the Disclosure of Ownership Interests form attached hereto as Exhibit "C". 3. This agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this. day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI City Se r iary APPROVED: _ day of By: ,2003 Assistant City Attorney STATE OF TEXAs By:_. George K. Noe, Acting City Manager DEVELOPER: HOGAN DEVELOPMENT CO., L.P. ~eaDreeze LTD, Co., Gene~ ~artner Neill Amsler, Manager of Seabreeze LTD.. Co COUNTY OF NUECES This instrument was acknowledged before me on ~--~0~ / ~)'-- ,2003, by George K. Noe, Acting City Manager of the C ty of Corpus Christi, Te~a~, a Texas hOme.rule municipal corporation, on behalf of said corporation. Notary Pu:I~, Stat~ of TexasV~_~TM ~v~,~,v~,-,~ ~, ~.~ ~.. _ STATE OF TEXAS ( f~.F"~,'~l~,. ~'~ I ¥ L. MOORE Notary PuUic ~.~.~ / State of Texas COU. OF.UEOES This instrument was acknowledged before me on Manager of Seabreeze LTD, Co., Genera ........ ,2003, by Neill Amsler, Partnership, on behalf of said corporation.~ r-ar[ner or mogan ueve~opment Co., L.P., a Texas Limited Notary Public, State of Texas Wast~water Line Participation Agreement Bill Witt Park Page 2 of 2 EXHIBIT "B" Page 1 of 2 M C_ CD W o_ N) 0 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 2 TABULATED BY: Urban Engineering Date: Wednesday, April 9, 2003 Time of Completion: 60 Calendar Days ENGINEER'S ESTIMATE: $370,481.80 BILL WITT PARK WASTEWATER King -Isles, Inc. Jhabores Constr. Co., Inc. Jalco, Inc. Reese Contracting, Inc. SERVICE EXTENSION 1641 Goldston Rd. 4645 Arlene P. O. Box 27368 P. O. Box 8352 Corpus Christi, TX Corpus Christi, TX Houston, TX Corpus Christi, TX (City Project No. 7277 78409 78411 77227 78468 UNIT UNIT UNIT UNIT DESCRIPTION JQTY.JUNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1. 10" PVC (16'-18' Cut) 512 LF 95.00 $48,640.00 80.00 $40,960.00 120.00 $61,440.00 72.00 $36,864.00 2. 10" PVC (14'-16' Cut) 319 LF 90.00 $28,710.00 75.00 $23,925.00 110.00 $35,090.00 50.00 $15,950.00 3. 10" PVC (12'-14' Cut) 680 LF 80.00 $54,400.00 70.00 $47,600.00 100.00 $68,000.00 47.00 $31,960.00 4. 6" PVC (5'-8' Cut) 121 LF 20.00 $2,420.00 40.00 $4,840.00 65.00 $7,865.00 25.00 $3,025.00 5. Well Pointing 1511 LF 1.00 $1,511.00 30.00 $45,330.00 20.00 $30,220.00 69.00 $104,259.00 6. Bore and Case 120 LF 765.00 $91,800.00 600.00 $72,000.00 370.00 $44,400.00 600.00 $72,000.00 7. OSHA Trench Protection 1511 LF 6.00 $9,066.00 5.00 $7,555.00 1.00 $1,511.00 2.75 $4,155.25 8. Class "C" Embedment 1511 LF 14.00 $21,154.00 5.30 $8,008.30 10.00 $15,110.00 23.00 $34,753.00 9. Class "D" Embedment 121 LF 3.75 $453.75 3.00 $363.00 4.00 $484.00 38.00 $4,598.00 10. So Exterior Drop MH (12'-14') with Ribs 1 EA 11,000.00 $11,000.00 10,000.00 $10,000.00 16,000.00 $16,000.00 24,300.00 $24,300.00 11. 5'o MH (16'-18') with Ribs 2 EA 13,500.00 $27,000.00 15,000.00 $30,000.00 17,000.00 $34,000.00 17,100.00 $34,200.00 12. 5'o MH (14'-16') with Ribs 2 EA 11,250.00 $22,500.00 14,000.00 $28,000.00 15,000.00 $30,000.00 16,450.00 $32,900.00 13. So MH (12'-14') with Ribs 2 EA 9,750.00 $19,500.00 13,000.00 $26,000.00 13,000.00 $26,000.00 15,800.00 $31,600.00 14. Cleanout 1 EA 400.00 $400.00 350.00 $350.00 800.00 $800.00 2,400.00 $2,400.00 15. 10" PVC Plug 1 EA 40.00 $40.00 150.00 $150.00 30.00 $30.00 1,900.00 $1,900.00 16. 8" PVC Manhole Plug 2 EA 15.00 $30.00 150.00 $300.00 * 10.00 $20.00 1,000.00 $2,000.00 17. Pavement Repair 100 SY 55.00 $5,500.00 40.00 $4,000.00 80.00 $8,000.00 38.00 $3,800.00 18. Silt Fence 120 LF 4.50 $540.00 2.75 $330.00 2.00 $240.00 3.50 $420.00 19. Stabilized Construction Entranc 1 LS 900.00 $900.00 1,800.00 $1,800.00 1,100.00 $1,100.00 3,000.00 $3,000.00 20. Rehabilitate Exist. MH with Fiberglass Liner 1 LS 16,400.00 $16,400.00 •15,000.00 $15,000.00 10,000.00 $10,000.00 8,092.75 $8,092.75 TOTAL BASE BID $361,964.75 $366,511.30 * $390,310.00 $452,177.00 * Indicates error on bid proposal. Value shown is correct. BILL WITT PARK WASTEWATER King -Isles, Inc. Jhabores Constr. Co., Inc. Jalco, Inc. Reese Contracting, Inc. SERVICE EXTENSION 1641 Goldston Rd. 4645 Arlene P. O. Box 27368 P. O. Box 8352 Corpus Christi, TX Corpus Christi, TX Houston, TX Corpus Christi, TX (City Project No. 7277 78409 78411 77227 78468 UNIT UNIT UNIT UNIT DESCRIPTION CITY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT ALTERNATE NO. ONE A-1 5'o Exterior Drop MH (14'-16') with Ribs 1 EA 13,000.00 $13,000.00 15,000.00 $15,000.00 18,000.00 $18,000.00 27,000.00 $27,000.00 A-2 Service Risers 18 EA 800.00 $14,400.00 500.00 $9,000.00 750.00 $13,500.00 1,200.00 $21,600.00 TOTAL ALTERNATE NO. ONE $27,400.00 $24,000.00 $31,500.00 $48,600.00 TOTAL BASE BID + ALTERNATE NO. 1 $389,364.75 $390,511.30 $421,810.00 $500,777.00 Page 2 of 2 YORKTOWN BLVD. PROPOSED WASTEWATER IMPROVEMENTS ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO IMPLEMENT THE PARTICIPATION AGREEMENT BETWEEN THE CITY AND HOGAN DEVELOPMENT CO., LP., IN THE AMOUNT OF $27,400 FOR CONSTRUCTION OF A WASTEWATER SERVICE LINE; AND DECLARING AN EMERGENCY NOW THEREFORE, BElT ORDAINED BY THE ClTY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Acting City Manager, or designee, is authorized to execute a Wastewater Line Participation Agreement with Hogan Development Co, LP., a Texas Limited Partnership, for construction and installation of a wastewater service line through a residential subdivision owned by Hogan Development, in the amount of $27,400, in connection with the Bill Witt Park Wastewater line Extension Project #7277. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary 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 shall take effect upon first reading as an emergency this the 22nd day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ,2003. By: Joseph Harney Assistant City Attorney For City Attorney AN ORDINANCE APPROPRIATING $27,400.00 FROM HOGAN DEVELOPMENT CO., LP., IN THE NO. 3430 WASTEWATER CAPITAL IMPROVEMENT PROGRAM FUND FOR CONSTRUCTION ON THE BILL WITT PARK WASTEWATER SERVICE LINE EXTENSION; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $27,400.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $27,400.00 from Hogan Development Co., LP., is appropriated in the No. 3430 Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park Wastewater Service Line Extension, Project #7277. SECTION 2. That the Capital Budget adopted by Ordinance No. 024144 is amended by increasing appropriations by $27,400.00. 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 shall take effect upon first reading as an emergency this the 22nd day of April, 2003. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ,2003. By: Joseph Harney Assistant City Attorney For City Attorney 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/22/03 AGENDAITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $121,114 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $121,114 in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (HIDTA). REQUIRED COUNCIL ACTION: Approval to appropriate funds. PREVIOUS COUNCIL ACTION: The HIDTA grant has been operational for 7 years. Council has appropriated funds each year for the grant. FUNDING: There is no match required by the City. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. P. ~,lvarez,~ Police Attachments: Award documents BACKGROUND INFORMATION The Corpus Christi Police Department is in the seventh year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program analyst, one administrative assistant, overtime for 4 Corpus Christi Police Officers, radio airtime/maintenance, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. Houston HIDTA 15355 Vantage Park4eayWest, Suite # 175 Houston, TX 77032 Phone: (281) 987-3488 Fax: (281) 987-3889 To: FY2003 HIDTA Funds Recipients From: CarolW'~on Fax: Pages: , including cover Phone: Date: 4/7/2003 The enclosed documentation includes the Standard Form 424 - Application for Federal Assistance and the ONDC2~ Av,~ud Letter/Cooperative Agreement for FY2003 Houston HIDTA Funds. The instructions for processing these documents has changed this 3ear. Per the Financial Management Office of ONDCP, the appropriate signatures should be obtained on all documentation and sent back to: Houston HIDTA Director's Office ATTN: Carol W'flson 15355 Vantage Parkway West Suite # 175 Houston, TX 77032 ONDCP has requested that these documents be signed and returned within 14 days of receipt if at all possible. This will expedite the activation of these funds. If you have any questions, please feel free to contact me at (281) 987-3488. Carol lye W&on Financial Manager, Houston HIDTA EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 April 4, 2003 Chief Pete Alvarez, Jr. Corpus Christi Police Dept. 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Alvarez, Jr.: We are pleased to inform you that an Award, Grant Number #I3PHNP517, has been approved in the amount of$121,114.00. This award to the Corpus Christi Police Dept. will support Texas Coastal Corridor Initiative initiative(s) at the Houston High Intensity Drug Trafficking Area (HIDTA). The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and return a copy to The National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative Agreement Award and Special Conditions for your file. By accepting this award, you assume certain administrative and financial responsibilities including the timely submission of all financial and Programmatic reports, resolution of all interim audit findings, and the maintenance ora minimum level of cash-on-hand. Should your organization not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Phuong DeSear at 202-395-6739. Enclosures Executive Office of the President AWARD Office of National Drug Control Policy Cooperative Agreement Page 1 of 6 1. Recipient Name and Address 4. Award Number: 13PHNP517 Corpus Christi Police Dept. 321 John Sartain Street 5.Project Period: 1/1/2003 to 12/31/2003 Corpus Christi, TX 78403 Budget Period: 1/1/2003 to 12/31/2003 1A. Recipient IRS/Vendor No. 6. Date: 4/4/2003 7. Action 2. Subrecipient Name and Address 8. Supplement Number [] Initial [] Supplemental 2A. Subrecipiant IRS/Vendor No. 9. Previous Award Amount 3. Project Title 10. Amount of This Award $121,114.00 Texas Coastal Corridor Initiative initiative(~, 11. Total Award $121,114.00 12. Special Conditions (Check, if applicable) [--~ The above is to such conditions or limitations as are set Cooperative Agreement approved subject forth on the attached ~ page(s). 1. Statutory Authority for Grant: Public Law 108-7 I AGENCY APPROVAL I I RECIPIENT ACCEPTANCE mmlmmm 14. Typed Name and Title of Approving ONDCP 15. Typed Name and Title of Authorized Recipient Official Official Kurt F. Schmid Chief Pete Alvarez, Jr. Office of N}itional Drug Control Policy Corpus Christi Police Dept. 16. Signature of/A~roving OND~cial 17. Signature of Authorized Recipient Date 18. Accounting Classification Code 19. HIDTA AWARD Executive Office of the President Office of National Drug Control Policy 1. Recipient Name and Address Corpus Christi Police Dept. 321 John Sartain Street Corpus Christi, TX 78403 Cooperative Agreement Page 1 of 6 4. Award Number: I3PHNP517 5.Project Period: 1/1/2003 to 12/31/2003 Budget Period: 1/1/2003 to 12/31/2003 lA. RecipiantIRS/VendorNo. 6. Date: 4/4/2003 7. Action 2. Subrecipient Name and Address 8. Supplement Number [] Initial [] Supplemental 2A. Subrecipient IRS/Vendor No. 9. Previous Award Araount 10. Amount of This Award $121,114.00 3. Project Title Texas Coastal Corridor Initiative initiativel 12. Special Conditions (Check, if applicable) [ 1. Total Award $121,114.00 ~]The above Cooperative Agreement is approved subject to such conditions or limitations as are set · forth on the attached ~5 page(s). 1. Statutory Authority for Grant: Public Law 108-7 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving ONDCP { l 5. Typed Name and Title of Authorized Recipient Official Official I Kurt F. Scinnid [ Chief Pete Alvarez, Jr. Office of N/ltional Drug Control Policy I Corpus Christi Police Dept. / 16. Signature of roving OND lcial [17. Signature of Authorized Recipient Date I~ency 18. Accounting Classification Code 19. HIDTA AWARD Office of National Drug Control Policy Attachment to Award # I3PHNP517 Page 2 of 6 Award Recipient: Corpus Christi Police Dept. HIDTA: Houston Initiative: Texas Coastal Corridor Initiative initiative(s) Project Contact: Award Amount: 12/31/2003 Mr. Start Furce $121,114.00 Award Period: 1/1/2003 to ONDCP Contact: All requests for payment and inquiries should be submitted to: The National HIDTA Assistance Center 8401 Northwest 53rd Terrace, Suite 208 Miami, Florida 33166 (305) 716-3270 A. Conditions 1. The award is based on the detail budget attached to the application submitted for this initiative. This is your approved budget for the initiative and any deviation must comply with the reprogramrning requirements as set forth in the ONDCP Guidelines. B. General Provisions This award is subject to: a. the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, also known as the "Common Rule", the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt Status, and Nondiscrimination Statutes And Implementing Regulations. c. the audit requirements of OMB Circular A-133, d. the cost principles contained in OMB Circular A-87, and e. the administrative guidelines contained in ONDCP's Financial and Administrative Guidelines. Office of National Drug Control Policy 2. Payment Basis Attachment to Award # I3PHNP517 Page 3 of 6 OMB Standard Form 270 - Request for Advance or Reimbursement" shall be used to request payment. Copies of invoices, payroll registers, and canceled checks must accompany the SF 270 to provide documentation for the reimbursement request. Request for advances will be accompanied by detail specifying the obligation. Documentation of how the advance was spent must be submitted before another advance or reimbursement can be requested. Funding for this award is authorized to be paid on a monthly basis. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. Recipients are therefore requested to provide the following information in Block 10 of the SF 270: bank name, bank address, bank telephone number, point of contact at the bank, American Bankers Association (ABA) number, and account number. This will provide the banking information needed to make payments to the proper bank account. The bank must be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System. The account must be interest bearing. (All payments greater than $25,000 must be made by EFT. Recipients must request a waiver from this provision for payments less than $25,000). Except for interest earned on advances of funds exempt under the Intergovernmental Cooperaction Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 450), grantees and subgrantees shall promtly, but at least quarterly, remit interest earned on advances to ONDCP. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. (21 CFR Section 1403.21i) 3. Reporting Requirements Financial Status Reports (OMB Standard Form 269) will be required quarterly during the award period and at the end of the award. Performance reports will be required as specified in the Program Guidance. Note that the final financial reports should be cumulative for the entire award period. Performance Reports: Due as specified in the Program Guidance. Financial Status Reports (OMB Standard Form 269) should be submitted to Office of National Drug Control Policy, 750 17th Street, NW, Washington DC 20503. Attn: Phuong DeSear, Room 538. Phone: 202-395-6739, Fax: 202-395-5176. Office of National Drug Control Policy Attachment to Award # Special Conditions HIDTA Cooperative Agreements I3PHNP517 Page 4 of 6 The following special conditions are incorporated into each award document. I. In order to provide for compatibility, integration, coordination, and cost effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, recipients are encouraged and authorized to enter into joint purchase or service agreements on a reimbursable or nonreimbursable bases with other HIDTA award recipients. Award recipients are authorized and encouraged to enter into joint purchases or service agreements with other HIDTA award recipients. 2. No federal funds shall be used to supplant state or local funds that would otherwise be made available for project purposes. 3. The operating principles found in 28 CFR Part 23, which pertain to information collection and management or criminal intelligence systems, shall apply to any such systems supported by this award. 4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This certification should be submitted to the Assistance Center. 5. The award recipient agrees to account for and use program income, including but not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP Financial and Administrative Guide for Cooperative Agreements. Moreover, the use of program income must be consistent with the National Drug Control Strategy. 6. Where furniture has been approved in the budget, the recipient will make every effort to utilized existing State and local surplus property prior to the purchase of any furniture, including computer furniture or items of similar nature. 7. The award recipient may not use designated aircraft assigned to HIDTA-approved task operations and initiatives for the transport of VIP Executive(s) or similar circumstances not relating to the goals and objectives of state and local law enforcement programs. 8. The budget submitted with the proposal is approved. Office of National Drug Control Policy Attachment to Award # I3PHNPS17 Page 5 of 6 Reprogramming between budget categories within the same agency and initiative requires the approval of the respective HIDTA Director and must be in accordance with procedures established by the Executive Committee. Reprogramming of funds between agencies or initiatives requires the written approval of the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming. In all cases the recipient is responsible for maintaining detailed records of the reprogramming activities and forwarding notification to your HIDTA Director regarding reprogramming activities as they occur. 9. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, "Audits of State and Local Governments." The management letter must be submitted with the audit report. Audits must be submitted no later than thirteen (13) months after the close of the recipient organizations audited fiscal year. The submission of the audit report shall be as follows: An original and one copy shall be sent to the cognizant Federal Agency. Also, a copy of the audit report shall be sent to Office of National Drug Control Policy, 750 17th Street, NW, Washington DC 20503. Attn: Phuong DeSear, Room 538. Phone: 202-395-6739, Fax: 202-395-5176. 10. The recipient agrees to submit operation reports as defined in the Current Year Program Guidance. 11. Equipment acquired under the grant program must be used by the recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Federal agency. The recipient may dispose of the original equipment when no longer needed or supported by the grantor agency. Inventory lists must be supplied to the HIDTA Director to facilitate the sharing of equipment within and between the HIDTAs. Items to be inventoried include Communications, Computer & Related Equipment, Surveillance Equipment, Photo, Vehicles, Video, and Weapons. 12. The recipient will be permitted to designate funds that would be matched or shared; however, these matched or shared funds will not constitute an obligation on behalf of the recipient. Office of National Drug Control Policy Attachment to Award # I3PHNPS17 Page 6 of 6 13. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. Recipients are required to assure such items are not currently available, are not duplicative or excessive, and should make market surveys and obtain the best prices available. 14. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in the suspension of the drawdown of funds. 15. The recipient agrees to complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the L~nited States. RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS P. Alvarez, Jr. Typed Name Chief of Police (Signa2~re) ~/~'~-~ Date Budget Detail Report HIDTA Location: Houston Task Force: Texas Coastal Corridor Initiative ecipient Agency: Corpus Christi Police Department esource Agency: Corpus Christi Police Department Fiscal Year: 2003 Grant: I3PHNPS17 Personnel: Name Program Analyst Admin Assistant Annual Time Amount $34,000.00 1 $34,000*/' $22,500.00 1 $22,500,/ Total Personnel: $56,500v/ Benefits: Name Program Analyst Admin Assistant / Annual Time $8,500.00 1 $5,625.00 1 Total Benefits: Amount $8,500,/ $5,625~ $14,125 Overtime: Position Police Officer/Lieutenant Police Officer/Sergeant g' Police Officer/Sergeant ,/ Police Officer/Sergeant '/ Admin Assistant ./ Hours Rate 243.00 $39.00 279.00 $34.00 280.00 $34.00 280.00 $34.00 120.00 $15.00 Total Overtime: Amount $9,477~, $9,486,/' $9,520~' $9,520/ $1,800,/' $39,803'/. Name Lease Vehicles (4 partial) '/ Radio Airtime/Maintenance (13 radios) Months 1 12 Rate $7,950.00 $228.00 TotalServices: Amount $7,950~/' $2,736~/ $10~686v/ Total: $121,114 Page 2 of 3 OFFICE OF NATIONAL DRUG CONTROL POLICY FY 03 HIDTA STATE AND LOCAL INITIATIVES INSTRUCTIONS FOR APPLICANTS Attached are the following documents for your FY 03 funding application: · Approved FY 03 Budget to the Corpus Christi Police Dept. for the Texas Coastal Corridor Initiative. · ONDCP Financial and Adminstrative Guidelines. · Application for Federal Assistance, SF-424. · Budget Information Non-Construction Programs, SF-4244, Page 2. (Page I will not be utilized.) · Assurances Non-Construction Programs, SF-424B. · Budget Information Construction Programs, SF-424C. · Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt Status, and Non-Discrimination Statutes and Implementing Regulations. · Disclosure of Lobbying Activities. · Purchase of Evidence/Purchase of Information Certification. To submit a grant application for FY 03 HIDTA State and Local Initiative Funding, the following forms must be signed and returned: · Application for Federal Assistance, SF-424. · Budget Information Non-Construction Programs, SF-4244, Page 2. (Page 1 will not be utilized.) · Assurances Non-Construction Programs, SF-424B. · Budget Information Construction Programs, SF-424C. · Certification regarding Lobbying; Suspension and other Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt Status, and Non-Discrimination Statutes and Implementing Regulations. · Disclosure of Lobbying Activities. · Purchase of Evidence/Purchase of Information Certification. Each of these documents have been completed based upon information submitted for the FY 03 initiatives. If this information is incorrect, contact the National HIDTA Assistance Center for new forms. These documents must be com[leted and signed in their entirety and returned with original signatures affixed before the award letter can be initiated. After completion, the forms should be sent to: National HIDTA Assistance Center 8401 N.W. 53ra Terrace, Suite 208 Miami, FL 33166 (305) 716-3270 Ext. 111 ORDINANCE APPROPRIATING $121,1141N THE NO. 1050 FEDERAUSTATE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY, TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $121,114 is appropriated in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary 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 Samuel L. Neal, Jr. Mayor APPROVED: April !7, 2003 Lisa Aguilar L/ Assistant City Attorney For City Attorney 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/22/03 AGENDA ITEM: (Caption as it should appear on the agenda) Resolution approving the submission of a grant application in the amount of $485,662 to the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for a third year. ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for two years. FUNDING: Year 3 of the grant requires a 20% match by the City in the amount of $97,167. The match may be cash, in-kind, or program income. Law Enforcement Trust Fund $ 23,700 Program Income generated by the ATPA Grant - seized items sold at auction or confiscated cash. $ 13,811 General Fund contribution to grants provided in FY 03/04 $ 47,168 In-kind contribution for office space and copier supplies $ 12,488 As more items are confiscated and/or sold at auction, the match from Program Income will increase and the General Fund contribution will decrease. Subsequent grant years will remain a 20% match. CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. Attachments: ~ Grant application BACKGROUND INFORMATION The City of Corpus Chdsti is applying for year 3 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the estimated 40 or so salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other cdme prevention programs focusing on reducing auto thefts. The grant includes funding for a Lieutenant to supervise the Unit, two sworn CCPD officers, one civilian GIS Specialist, one civilian Cdme Analyst, one civilian Management Assistant, and one part-time Staff Assistant to assist with data entry of auto theft cdme information. The three civilians conduct data analysis, cdme analysis, manage the required public awareness campaign, and maintain all grant paperwork. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. Because the insurance companies heavily support the program and the number of registered vehicles increase each year, the amount of funds should continue to be available. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $485,662 TO THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR A THIRD YEAR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. The City Council authorizes the submission of a grant application in the amount of $485,662 to the Texas Automobile Theft Prevention Authority to continue the motor vehicle theft enforcement grant within the Police Department for a third year. Attest:: The City of Corpus Christi Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved: April 14, 2003 Lisa Aguilar U Assistant City Attorney for City Attorney 11 AGENDA MEMORANDUM PUBLIC HEARING: An Amendment to the Preservation Plan CITY COUNCIL ACTION DATE: DATE: April 17, 2003 April 22, 2003 Amendment to the Preservation Plan, An Element of the Comprehensive Plan, by Designating Properties located at 1008 Furman Avenue and 356 Merrill Drive as "Potential Landmarks" and by Adding Four (4) "HC' Zoning Designations and two (2) properties that have been designated as "Potential Landmarks" within the Preservation Plan. Landmark Commission's Recommendation: Plannino Commission's & Staff's Recommendatigrl: Approval (11/14/02 & 2/26/03) Approval (12/18/02 & 3/12/03) Reauested Council Action: Approval of an Amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designating properties located at 1008 Furman Avenue and 356 Merrill Drive as "Potential Landmarks" and by adding four (4) "HC" Zoning Designations and two (2) properties that have been designated as "Potential Landmarks" within the Preservation Plan. (See Attachments A & B) f · The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of corpus Christi, per the "HC" Historical-Cultural Overlay District of the Zoning Ordinance and policy guidelines of the Preservation Plan, an element of the Comprehensive Plan. The owners of properties located at 1008 Furman Avenue and 356 Merrill Drive are requesting designation as a "potential landmark" and listing within the appendixes of the Preservation Plan, and four (4) "HC" designated sites are also to be included within such appendixes for codification purposes. Designation of the historical elements as "potential landmarks" will continue the success of preserving the city's history. Summary: The property owners agreed, in writing, to designate and list the structure at 1008 Furman Avenue and 356 Merrill Drive as "potential landmarks" according to the Zoning Ordinance and within the Preservation Plan. Classifying these properties as such will satisfy a requirement of the "HC' Historical-Cultural Landmark Preservation District within the Zoning Ordinance. The requirement allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark is defined as: "Any site, place, building, structure, or work of art located on a single lot or series of adjacent lots under common ownership which as special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase By designating these properties as potential landmarks, the removal or demolition of such properties through the permit process will invoke a thirty-day stay of demolition/removal, unless public health, safety, or welfare is threatened. The 30-day stay allows for the Landmark Commission to be notified and taken action in preserving the structure, which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the owner(s) of the structure to provide Agenda Memorandum - Preservation Plan April 17, 2003 Page 2 alternatives other than demolition/removal. After meeting with the property owner and demolition/removal is still desired, the Landmark Commission shall submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997; which was a precursor to "Potential Landmark" designation on properly. The Phase I! Site Survey includes a total of 1,2:1.1 properties, whereby twenty-six (26) properties are currently listed as "potential landmarks." These twenty-six (26) properties are excellent historical examples of Corpus Christi architecture prior to :~948. Four (4) sites, three (3) being churches (Netropolitan Community Church on Craig Street, South Bluff United Methodist Church on Seventh Street, and Oak Park United Methodist Church on Oak Park Avenue) and one (1) residential property (Graham-Grossman House on Oak Park Avenue) are designated with the "HC" Historical-Cultural overlay district. It is recommended that such sites be appropriately listed within the Preservation Plan for codification purposes. unning, [AICP ~ Director of Planning ~ FGN/Iw Attachments: 1) Memorandum from Landmark Commission 2) Response Forms for Potential Landmark Status 3) Data Sheets from Corpus Christi Historic Site Survey 4) Zoning Naps 5) Draft Ordinance cc: iVlargie C, Rose, Assistant City Nanager Development Services TO: FROM: DATE: SUB3ECT: MEMORANDUM Planning Commission Members Deborah Douglas, Landmark Commission Chairman March 7, 2003 Designating 1008 Furman Avenue & 356 Merrill Drive as Potential Landmarks At the November 14, 2002 and February 26, 2003 public hearings, the Landmark Commission approved submitting properties located at 1008 Furman Avenue and 356 Merrill Drive, whereby such property owners have agreed to classify their property as a "Potential Landmark" (see attached). Such properties were included in the Corpus Christi Historical Site Survey. Classifying the properties will satisfy a recommendation of the "HC" Historical/Cultural Landmark Preservation District within the Zoning Ordinance. The recommendation allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark" is defined as: "Any site, building, structure, or work of art located on a single lot or a series of adjacent lots under common ownership which has special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase II." By designating the properties as "potential landmarks," the removal or demolition of such properties through the permit process will invoke a thirty-day stay of demolition/removal unless public health, safety or welfare is threatened. The 30-day stay allows time for the Landmark Commission to be notified and to take action to save the structure which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the property owner to provide alternatives other than demolition/removal. After meeting the property owner and demolition/removal for the property is still desired, the Landmark Commission will submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. In order for the Landmark Commission to meet the challenge of protecting historical resources of the community, the "HC" District was revised in 1990, which provided regulations in meeting the objectives. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase I! in 1997, which was a precursor to the "Potential Landmark designation for properties. The Phase II Site Survey includes 1,211 properties and currently twenty-six (26) properties are listed as "Potential Landmarks." It is the ultimate goal of the Landmark Commission to designate more properties as "Potential Landmarks" and/or '~HC" overlay designation. It is still the Landmark Commission's goal to create a continuous awareness in property owners of the value of their historical elements and assist the city in helping such structures survive Deborah Douglas, Chairman Landmark Commission Attachments ( H :WORO\PLN DIR\LINDA\LANDMARK\PLCOM\POTENTIAL2, MEM} Attachment I RESPONSE FORM POTENTIAL LANDMARK STATUS MAY 2002 Please mark your response below and complete the property information. List my property as a "Potential Landmark" DO not list my property as a "Potential Landmark" Address of Proposed Potential Landmark! JO~) ~ Please return this form and the corrected data sheet in the self-addressed envelope. Your assistance is greatly appreciated. tH:\WORD\L~NOMARK~RE.~: ONSEFOR M.POTI Attachment 2 CITY OF CORPUS CHRISTI LANDMARK COMMISSION RESPONSE FORM FOR "POTENTIAL LANDMARK" DESIGNATION 2003 Please mark inf°rm~a~n' your response below and complete the property I hereby aqree to have my property designated as a "Potential Landmark" ! hereby .decline to have my property designated as a "Potential Landmark" Name of Property Owner: /~)~ Address of Potential Landmark: ~2._.~'{.~ 'TX Completed form should be returned to the address below: City of Corpus Christi Department of Planning Attention: Faryce Goode-r4acon, City Planner P. O. Box 9277 Corpus Christi, Texas 78469-9277 RECEIVED CI~ OF CORPus CHRISTI tANNING ,~ND DEVELOPMENT Attachment 2 County Nueces Corpus Christi Historic Site Survey, Phase II, Revised 6/91 Aw 3 Si,,. No. F-052 City Corpus C"m'isd Number 1008 Furman Enemencio Torres, Jr. Add~ Same as above ongm~ Owner Legal S harmon; Bk 1; Lt 2 ~ption UTM Zoning Ms~ Name 70-15 Cor,.st ~,,,. 1910-1920S Modified L-plan ~'op~'~'/Typ~ Residential Historic Func~fion Domestic Current Ftmcfion Domestic S~y~dc Influence Bungaiow NuecesCountyTa.xAcco~nt#'s R301714; 7921-0001-0020 10.Description 1 1/2-story frame with altered porch and detached garage/apartment It has south facing bays, pier & beam foundation on concrete blocks, wood frame structural system, front gabled roof, composition shingles, exlendsd box eaves, exposed rafter ends, gabled dormem, and two exterior brick chimneys. The two bay porch is full width with gabled roof, short battered columns on brick pedestals, exposed rafter ends, and braces. Windows are 1/1 and 3/1 wood double hung; entry door is single, wooden, and gl~zed. 11. Present Condition Fair 12.Signi~encc Not shown on 1919 Sanborn. Shown in 1927 City Directory as vacant; 1935 - Gaston T. and Mackie Grant, with Rickford Drug Store No. 1 and Wm. N. and Marguerite Newton; 1944 - Claude FL and Relationship to Site: Move Biblio g~phy Nueces Count5, Appraisal Recovd~ Sally S. Victor Daze u~,,,-~ Jun 1, 1991 ~ori~ Hi~ X DESIGNA~ONS N~on~ Rag ~d Nafi~ Rag ~t ~C m~k~ ~t~O~ hc ~ne ~mfi~ Potential Nafion~ Regist~ File N~e Multiple ~r~' ~vi~ Medium Low Attachment 3 County Nueces City Corpu~ Christi Name Ntunbe~ 356 Merrill Drive O~ McCarty, Robert L,, et ux Addrera 356 Merrill Drive; CCTX 78408 Odg~al Owrmr L~gal Saxet Heights 1, Bk 1, HE De.~dptiun half of Lt 28 & Ail of Lts Nueces County Tax Account #'s 10,Description Corpus Christi Historic Site Survey, Phase H, Revised 6/91 6 Site No. M-029 UTIM Sectm Zoning Map Name 69-'12 Coast date 1 937 Architect/Builfln- Plnn~ Asymmetrical Property/T,)l~ Realdential Historic Function Domestic Cunrent Ftmction Domestic Stylistic Influence Minimal Traditional R208443; 7749-0001-0300 2-story frame and brick residence. It has three west facing bays, concrete slab foundation, wood frame structural system, cross gabled roof, composition shingles, and exterior brick chimney. The porch is open air, single bay, and integral. Windows are 8/8 wood double hung; door is single, wooden, and paneled. The eats/is emphasized by articulated quoins. 11. lh'esent Condition Good 12.Significance Previous owner was Curtis A. Thomas et ux Ruby J. who sold it to D.A. Kucera et ux c. 1977. Not shown in the 1935 City Directory; 1941 * Barton H. and Gertrude Westervelt, chief engineer Southern Alki Corp. Relationship to Site: Bibliography N~eces Goum~y Appraisal DisWict files; Git¥ Dk~ctorie$. Recorder Sal¥ S. Victor Dae updated Jun 1, 1991 Priority High ~ Medium X Low __ DESIGNATIONS National Reglnd National Reg Dist THC maxket potential hc zone potential National Register File Name Multiple Property Individual Attachment 3 2 3 5 0 2 3 CRAIG STREET 901 F MORGAN STREET BUFORD sTREET GAFFNEY 2 A-2/SP PARCEL 5 0 Dec 5, 2002 - RP 100 200 500 R-2 Multiple Dwelling Dist. AB Professional Office Dist. A-1 Apartment House Dist. A-2 Apartment House Dist. B~I Neighborhood Business Dist. B-4General Business Dist, B-5 Primory Business Dist. Attachment 4 a +44k yqqyayt �f 6 pp R t!' L q l 1 1 �°.�.1 fl .moi p - ..ate w R~I B ,.SUB :-1 A-1 £-1 DODGI OA B-4 SAXET COMMUN B 1 LEOPARD STREET Dec 6, 2002 - RP 0 100 200 300 R-lB One-Femily Dwelling Dist. R-2 Multiple Dwelling Dist. AB Professional Office Dist. ~-1 Apartment House Dist, B-4 General Business Dist. Attachment 4 pr�r M h w \ ! s •T a. � • d pe.'� ^.� � s IFF' • Y) # C ONA 4wo ti 1 51 if, A4rr 4'" }� 8 w Irl ' ! f � !� ° • �' 1� "' ,,�'�� A �I "� y�.���I�' a '}a " +" �y� } � �d" .d ` �F T A p • f » F " P Ag,) x YM1�tY 1•�te4`a :i � ..' a" �a Y"��x ° � ): pa y�^$� P!f � F Vy �_� .. 7 .e s't .TTY ,*9', �, � , 1 F s4 • - • _ . •Mum •J� i,FF f w11f q,hY� p fit J` ~ T /9 f!!, 41 V 4 e •f. F .1•i°ï¿½='.e:. e$ �1 i A'Nvi'9':y Nr3, i �"" �r''�q—^{�- ^ v s. , � 6 7 22 B-5 2 6 1 5 7 ~BAY ELIZABETH BOOTY ANI 4 B-5 3 6 ? 22 STREET ~,L _EN, MORGAN AVE. BOOTY 3 5 STREET 0 Dec 6, 2002 -RP 100 200 300 AB Professional Office Dist. A-2 Apartment House Dist. B-1 Neighborhood Business Dist. B-~ General Business Dist. B-5 Primary Business Dist. Attachment 4 k LIT S4, i7 Rn LIT INTERSTATE HIGHWAY 37 Dec 6, 2002 - RP 0 100 200 .300 R-lB One-,C(rnily Dwelling Dist. R-2 Multiple Dwelling Dist. A-1Aportrnent House Dist. B-4 Generol Business Dist. Attachment 4 OAK PARK UNITED METHODIST CHURCH - 878 OAK PARK AVENUE • �• m' . � � . ° Air � � A 1 � . .� . a6 * a.- ° .],/ Y w-.ell lop— I apip ,t F TRfx a � ^'�wsfawDR �a.*'e,•Mw.. : ,.. ..,e+ . • ,. i A. _ . ...$u(am Y L ... � P r!'•"�d'++°wr 4..a:�. _ ' �is.:..L�� � � .�..'2 e -1 y � 3 1 x �`A A r�• ° s e a • •f fr •.. y t. y0° yr• :! a- .. f � `y4 .` - to '` hl ..L f. � • a • a �. = aa. _-'"#"�♦ �=i �'`w4i.. A �� ,w ^.�. .fir :E r , Page I of 5 AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI PRESERVATION PLAN, AN ELEMENT OFTHE COMPREHENSIVE PLAN, BY ADDING FOUR (4)"HC"LANDMARK ZONING DESIGNATIONS AND'r~NO(2) PROPERTIES DESIGNATED AS POTENTIAL LANDMARKS; AMENDING THECOMPREHENSIVEPLAN;PROViDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. WHEREAS, Section 28A-11.01.01 of the City's Zoning Ordinance requires that the Preservation Plan, an element of the Comprehensive Plan, identify and catalog buildings, structures, sites, districts, areas, lands and other objects of special architectural, historical, archeological, or cultural value, as Landmarks or Potential Landmarks, and include a statement of facts which verify their significance; WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its report recommending the designation of four (4) Landmarks and two (2) Potential Landmarks and the proposed corresponding amendment to the City of Corpus Christi Preservation Plan; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, March 12, 2003, dudng a meeting of the Planning Commission, and on Tuesday ,April 22, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard concerning the designation of four (4) Landmarks and two (2) Potential Landmarks and the proposed corresponding amendment to the Preservation Plan; WHEREAS, the City Council by ordinances adopted on Tuesday, February 11, 2003. zoned four properties with the overlay "HC" Classification including the Metropolitan Community Church, HC-I, Sharon Chatterton Home, HC-F, South Bluff United Methodist Church, HC-I, and Oak Park United Methodist Church, HC-I; WHEREAS, the property owners at 1008 Furman Avenue and 356 Merrill Drive responded to City Staff, in writing, and agreed to list these properties as Potential Landmarks; and WHEREAS, the City Council has determined that the designations and this amendment to the Preservation Plan 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. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding to APPENDIX A (CATALOG OF H:\L E G-D IR \ Doyle D. C u rtisWIY DO C S~2003\P &ZO R D03\D eve lop me n t. Pla n\P re s erva .rio n Pla n \D o yleC \DC 041703. O rd Am e nd. P res Pla n. doc Page 2 of 5 DESIGNATED LANDMARKS) the four (4) "HC" designated Landmarks as shown in Attachment A to this ordinance. SECTION 2. The City Comprehensive Plan, LANDMARKS) two (2) ordinance. of Corpus Christi Preservation Plan, an Element of the is amended by adding to APPENDIX B (POTENTIAL Potential Landmarks as shown in Attachment B to this SECTION 3. The properties listed in Appendix B, Catalog of Potential Landmarks, of the City of Corpus Christi Preservation Plan are designated as Potential Landmarks and the provisions of Section 28A-7.01 of the Zoning Ordinance apply to the demolition or removal of each Potential Landmark or its permanent landscaping. SECTION 4. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 5. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\L E G-DIR\Doyl e D. C u rtis~l Y D O C S~ 003\P &ZO R D03\Developm e nt. P la n\P re se rva .ti on PI a n~Doyle C\DC041703. O rd Am e n d. P res Pla n. doc Page 3 of 5 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret That the foregoing ordinance was read for the first time and passed to its second reading on this the 22nd day of April, 2003, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the second time and passed finally on this the 29th day of April, 2003, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the 29th day of April, 2003. ATTEST: Armando Chapa City Secretary ~I~O~VED ~Apr, l.~103 ~ boyl& D.i~rurtis Chief, Administrative Law Se~ion Senior Assistant Ci~ AEorney For Ci~ Afforney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\L E G-D IR\Doyle D. C u rtis~vlY DO C S~ 003\P &Z O R D 03\D eve I opm e n t. Pla n\P re se tva.ti on P lan\DoyleC\DC 041703. O rd Amen d. P res Pla n. doc CATALOG OF "HC" DESIGNATED LANDMARKS APRIL 2003 Page 4 of 5 NAME STREET ADDRESS & LEGAL DESCRIPTION 1315 Craig Street OVERLAY ZONING WI"HC" DESIGNATIN CATALOG OF "POTENTIAL LANDMARKS" APRIL 2003 Page 5 of 5 NAME STREET ADDRESS & LEGAL DESCRIPTION ZONING DESIGNATION 1008 Furman Avenue Enemencio A-1 Torres Lot 2, Bk 1, Shannon Robert L. 356 Merrill Drive R-1B McCarty NE half of Lot 28, all of Lots 29 & 30, & SW half of Lot 31, Block 1, Saxet Heights I Attachment B L E G- D IR\Doyle D,C u rtis\M Y DOC S~2003\P &ZO R D03\Developm e nt. Pla n\P re se rva .tio n P lan\DoyleC\D C041703. O rd Am e n d, P res Pla n. doc 12 INTEROFFICE MEMO DATE: TO:. FROM: 4/17/03 MAYOR LOYD NEAL AND CITY CIOUNCIL MEMBERS MI (2~,AE L GUNNING, DIRECTOR OF PLANNING AND ASSISTANT DIRECTOR OF,. DEVELOPMENT SERVICES / TABLE REZONING CASE 0203-04 - HAROLD KRONKE THE APPLICANT IS REQUESTING THIS ITEM BE TABLED UNTIL APRIL 292003 TO ALLOW ADDITIONAL TIME TO MEET WITH THE NEIGHBORHOOD. ON APRIL 15, 2003 CITY COUNCIL TABLED THE CASE UNT/L APRIL 22, 2003. FGM/LW ATI~A(2~-IME Nq$ 4/17/03 Z/Ti"/- ~ ~ AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003) Case No. 0203-04~ Harold Kron!ce: A change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. Planning Commission's Recommendation (02/26/03): Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2. Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2. Requested Council Action: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2 and adoption of the attached ordinance. Purpose of Request: For a car wash and duplex development. n,,~'~ary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and a "R-2" Multiple Dwelling District on Tract 2. The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is along Violet Road, an arterial and along Church Street, a rural residential street. However, access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert runs diagonally through the property and serves as drainage out fall. Prior to construction, it is the responsibility of the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm xvater drainage system to handle projected stormwater nmoff. The Noahwest Area Development Plan recommends the subject property to develop with low-density residential uses. However, the "B-4" General Business District could be supported for a limited area of Tract 1 due to its adjacency to Violet Road, an arterial. Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access for the duplex development will be along Church Stxeet, a rural residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips. The subject property is located in an area that the adopted Northwest Development Plan recommends to develop with low-density residential uses based on its current "R-lB" zoning. Agenda Memorandum April 15, 2003 Case No. 0203-04 (Harold I~onke) Page 2 Applicant's Position: The applicant concurs with Planning Commission's recommendation on Tracts I and 2 and Staff's recommendation on Tract 1. Notification: Prior to the date of this memorandum, twenty-five (25) notices were mailed to the property owners within a 200-foot radius, of which none were returned and seven (7) were returned in opposition, totaling 33.03% opposition. The 20% rule is in effect at the City Council hearing. DA~vCe~opment S er vic e s MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Ordinances H:~PLN-DIR\ERMA\WORD~AGENDM EM\0203-03AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0203-04 February26,2003 LIOB Harold Kronke Church Street and 500 feet north of Leopard Street. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North -"B-4" General Business District South, West- "R-lB" One-family Dwelling District Tract 1 - 2.187 acres Tract 2 - 0.533 acres Total =2.720 acres Same as above. "R-lB" One-family Dwelling District. "B-4" General Business District and "R-2" Multiple Dwelling District. Undeveloped land. Car wash and duplex development. Not applicable. East (across Violet Road) -" One-family Dwelling District and "B-4" General Business District Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Zoning Report Case No. 0203-04 (Harold Kronke) Page 2 Adjacent Land Use: North - Undeveloped South, West - Single-family residences, church and restaurant. East (across Violet Road) - Single-family residences and supermarket. Number of Residential Units Allowed: "R- 1B" - 19 units (7.26 units per platted lot) "R-2" - 7 units (14.52 units per acre) "B-4" - 79 units (36.30 units per acre) Estimated Traffic Generation: Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 19 dwelling units -- 190 average weekday vehicle trip ends. Duplex - 6.47 average weekday vehicle trip ends per unit x 7 units = 45 average weekday vehicle trip ends. Duplex - 6.47 average weekday vehicle trip ends per unit x 4 units = 25 average weekday vehicle trip ends. Car Wash - 22.00 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 2,400 square feet of gross floor area -- 52 average weekday vehicle trip ends. Ad,[aeent Streets/Classification: a) Violet Road - arterial b) Church Street - rural local Right-of-Way Design Current: a) 80-foot right-of-way with a 48-foot back-to-back rural paved section. b) 40-foot right-of-way with an 18-foot rural paved section. Planned: a) Same as current. b) 50-foot right-of-way with a 28-foot back-to-back paved section. Zoning Report Case No. 0203-04 (Harold Kronke) Page 3 2002 Traffic Count (24-hour~ weekday~ non-directional): a) b) 8,929 vehicles per day. Not available Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity surrounding the subject property within the past five- (5) years. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "R-1B" One-family Dwelling District to a "B-4" General Business District on Tract 1 and a "R-2" Multiple Dwelling District on Tract 2. The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is along Violet Road, an arterial and along Church Street, a rural residential street. However, access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert hms diagonally through the property and serves as drainage out fall. Prior to construction, it is the responsibility of the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm water drainage system to handle projected stormwater runoff. The Northwest Area Development Plan recommends the subject property to develop with low- density residential uses. However, the "B-4" General Business District could be supported for a limited area of Tract 1 due to its adjacency to Violet Road, an arterial. Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access for the duplex development will be along Church Street, a rural residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips. The subject property is located in an area that the adopted Northwest Development Plan recommends to develop with low-density residential uses based on its current "R-lB" zoning. Potential Housing Density: A "R-lB" District permits 7.26 units per acre or 19 units on the subject property with a minimum lot size of 6,000 square feet. The requested "R-2" District Zoning Report Case No. 0203-04 (Harold Kronke) Page 4 permits 14.52 units per acre or 7 duplex units on the 0.533 acre area. The requested "B-4" District permits 36.30 dwelling units per acre or 79 units on the subject property. Height/Bulk/Setbacks/Etc.: A "R-lB" District requires a front yard setback of 25 feet and a side and rear yard setbacks of five (5) feet each. Building heights are limited to 35 feet and three (3) stories in the "R-lB" District. The "R-2" District requires a front yard setback of 20 feet and side and rear yard setbacks often (10) feet each. The "B-4" District requires a front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a residential district where a setback often (10) feet along that residential adjacency would be required. The subject property has residential adjacency along the south property line that will require a setback often (10) feet. There are no building height limitations in the "B-4" District. Traffic: The development of the subject property as a car wash would generate approximately 52 vehicle trip ends and as a duplex 25 vehicle trip ends. Screening: The subject property would be required to place a six (6) foot screening fence along the south property line of the proposed "B-4" District. Infrastructure: Within Tract 1 an open ditch with a box culvert runs diagonally through the property and serves as drainage out fall. Prior to construction it is the responsibility of the developer to obtain a licensed professional engineer with the state of Texas that will perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public storm water drainage system. If capacity is not sufficient then options should be developed for the site that will not adversely impact upstream and downstream properties. Pros: (Ideas in support of the request.) a) Tract 1 - A limited area of Tract 1 could be developed as business due to its adjacency to Violet Road, an arterial. b) Tract 2 - None Cons: (Ideas in support of maintaining the current zoning.) Tract 1 - A portion of the subject property adjacent to Church Street should remain residential due to the limited paved section of Church Street. b) Tract 2 - Due to Church Street's limited paved section single-family development should be encouraged along this area that would generate lower traffic volumes for Tract 2. Zoning Report Case No. 0203-04 (Harold Kxonke) Page 5 Staff Recommendation: Denial of the "B-4" General Business District on 2.71 acres of Tract 1, and in lieu thereof, approval of the "B-4" General Business District on 1.71 acres of Tract 1 per Exhibits A and B of Staff recommendation maps. Denial of the "R-2" Multiple Dwelling District on Tract 2. Attachments: Zoning Opposition Map Applicant's Request - Exhibits A, B, & C Planning Commission's Recommendation - Exhibits A, B, & C Staff's Recommendation - Exhibits A & B H :\PLN -DIR\ERM A\WORDXZON RPTS~2003\0203-04CCREPORT.DOC 2 A-I B-4 13-4 L .TRY 6-(:: 10 5-A 8 ~% 13-4  Feb 12, 2003- RP 0 100 ~_00 300 -- -- CASE Z0203 04 Subject property OP?OSITION I~iAP Owners within 200 feet listed on ottoched ownership list B-4 R4 B-4 8 R'--1 B ACRES B 4 B-4  Feb 11, 2003- RP 0 100 200 ,300 -....~-- -- CASE Z0203-0~, R-lB One-Fm~ily Dwelling Dist. A-1Aportrmnt House Dist. B-4 Genelol Business Dist. APPLICANT'S REQUEST EXHIBIT A 2.[8~'-ACRES PROPOSED R-2 REZONIND r o 1 oo' 200' ~ ORN DATE ~ RICHARD KRONKE ~ JL~ 1/30/03 PROPOSED REZONING TRACTS ~ CHK DATE 1/30/03 ~..T~. CORPUS CHRIST~ TEXAS 30004 30004_EX_B NOTED APPLICANT'S REQUEST Exhibit c Proposed Rezoning Tracts J200.30004 Being two tracts of land proposed for rezoning, together being all of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres according to a map recorded in Volume 5, Page 40, Map Records of Nucces County, Texas, and each tract being more particularly described by metes and bounds as follows: ~Yract I Tract 1 being proposed for a B-4 rezoning and being 2.187 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; . Beginning at the northeast comer of this tract, said comer also being the northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the northwest right-of-way line of Violet Rd.; Thence, S 44° 51' 00" W with the southeast boundary of this tract and the northwest right-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of this tract; Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this tract; Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract; · Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this tract, said comer being on the southeast right-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of- way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720 acre tract, said comer being on the north line of Block 7 and the south line of Block 8; Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86 feet, to the point of beginning and containing 2.187 acres of land, more or less. Tract 2 Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume.1750, Page 936, Deed Records of Nueces County, Texas; Beginning at the southwest comer of this tract, said comer also being the southwest comer of said 2.720 acre tract and lying on the southeast right-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the northwest comer of this tract; Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same being the interior comer of Tract 1; EXHIBIT C APPLICANT'S REQUEST 2 Thence, S 39° 02' 00" W with the east boundary of this tract, at 170.00 feet pass the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of this tract and the southmost southeast comer of said 2.720 acre tract; Thence, N 50" 58' 00" W, 103.08 feet, to the point of beginning and containing 0.533 acres of land, more or less. EXHIBIT C CONTINUED APPLICANT'S REQUEST A-1 R'--1 B B-4 B-4 L ROA[ TRY ACRES B-4 10 m m m m Feb 11, 2003 - RP 0 100 200 300 CASE Z0203-04 B-4 R-lB On~.-Comily Dwelling Dist. A-1 Aportrmnt House Dist. ~-4 G~nefal Business Dist. PLANNING COMMISSION RECOMMENDATION EXHIBIT A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 1 Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest right-of-way line of Violet Road and the northeast corner of the tract herein described; THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest corner of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest corner of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. H :~p LN _D iR,,E RM A\WO RD~vl & B\0203 -04 M &B DOC EXHIBIT B PLANNING COMMISSION RECOII~IENDATIO PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 2 Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the southeast right-of-way line of existing Church Street, and the west comer of the tract herein described; THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of 428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract; THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a point, for the east comer of this tract; THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract; THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast right-of-way line of existing Church Street, for the POINT OF BEGINNING. H:~P LN-DIR\ERMA\WO RD~vl &B\0203 -04 M &B.DOC EXHIBIT C PLANNING COMMISSION RECOMMENDATION A-1 R~I B B-4 B-4 Nm ROA[ 'RY ACRES 10 Feb 11, 2003- RP 0 1 O0 2 O0 300 CASE Z0203-04 B-4 R-lB One--F~'nily Dwelling Dist. A--1 Aportrmnt House Dist. B--4 General Business Dist. STAFF'S RECOMMENDATION EX~TBIT A PROPOSED KEZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract I Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest fight-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest fight-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. STAFF'S RECOMMENDATION EXHIBIT B H:\p LN.DiR\EKMA\WORDWi&B\0203-0aM&B.DOC · - FAVOR X - OPPOSED COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0203-04 Harold Kronke (Note: The listed numbers correspond to the attached map.) Notices returned fi.om within the 200-foot notification area: Favor: None. Opposition: 3) Jack McCord, 11129 Birdwood Lane 78410 See attached letter. 4) James Lowe, 11126 Timbergrove Lane "Too much traffic on Violet road and Timbergrove now." 11) Don and Sandy Ward, 4441 Church St. "Street which will not support commercial traffic. Previous flooding that likely will worsen possible additional noise issues. Loss of property value." 12) James H. Masur, 4549 Violet Road No written comment. 17) Dan McCaskill, 4430 Church St. No written comment. 20) Edward and Melissa Nufiez, 449 Church St. No written comment. 21) Ed and Donna Mickley, 4457 Church St. "We do not want a car wash right across from our yard. This is a quiet area." Responses received from outside the 200-foot notification area: Favor: None. II. Opposition: None. Comments Received Case No. 0203-04 (Harold Kronke) Page 2 III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~P LN -DIRGE RMA\WORD\COM M DATA\0203 -04COMM ENTS DOC Jack McCord 11129 Birdwood Ln Corpus Christi. Tx 78410 Planning Department City of Corpus Christi Corpus Christi. Tx 78469-9277 RE: OPPOSITION TO CHANGE ZONING: SHELL ROAD POULTRY ACRES, 2.72 AC. Dear Planning Board Commissioners: My homestead is on Lots 1 & 2 on Birdwood Lane, directly across from the property requesting rezoning. I am strongly opposed to rezoning this property to B-4 General Business from R-lB One Family Dwelling District. My opposition is for 4 reasons, which I refer to below. First, the demographics of this area are not suited for B-4. The homes on this section of Violet Road are valued at over $100,000 and there are school age children from both Calallen and Tuloso-Midway that do distance running in this area. One track team member has already been hit in this area. Along this Violet Road area is a high incidence of pedestrian traffic of women and children,, that frequent both the HEB and fast food franchises on Leopard at one end and IH 37 on the other end. Secondly, the B-4 undeveloped tract adjacent to the current request has been there for some time, with no business interest in that undeveloped vacant land tract. The person requesting this change already has several B-4 vacant lots and buildings in our area. Also several other vacant business lots and buildings along Leopard street, Up River Road and McKenzie Rd in this area have shown no business interest Recently the Bowling lanes at Callicoate Rd and IH 37 closed. The area bound by Rand Morgan on the east and Callicoate Road on the Northwest is not in need of further B-4 zoning as witnessed by the vacant buildings and business lots. (The Jackson Place homeowners on Violet Road were not notified of the requested change of that adjacent tract 2 undeveloped land that was reclassified as B-4.) Thirdly, if retail business were somehow successful on this property the vehicular traffic would strain this very high traffic area and water, sewer, gas and storm water drainage beyond this areas current capacity. None of these utility services are currently in place on this west section of Violet Road. I have had storm water enter m3' home because of poor storm water drainage. Fourth, the value of my property would be lowered by the potential of bars, so-called men's clubs and adult video stores, such as those being currently proposed to be moved to my district by the City Council. 1 have lived at my current address for 25 years. 1 am for business growth, but this is a bad idea. 1 have no opposition to the change to "R-2" Multiple Dwelling District for the entire tract. I recommend Mr. Kronke amend his petition to change the entire tract to R-2. There is much need for this type housing in our area. There are fully rented R-2 units already on Violet Road and McKenzie Road. Sincerely RECEIVED Jack McCord Xc Councilmen Bill Kelly, Henry Garrett, Brent Chesney FEB g 4 2§lB CiTY OF CORPUS CHRISTI CLANNING AND BEVELOPMENT Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-tB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (2.187 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 2 (0.533 ACRE); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Harold Kronke for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 2003, 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 changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business District on Tract 1 (2.187 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533 acre). Tracts I and 2 are shown on the attached Exhibits A and B and are described by metes and bounds on the attached Exhibit C. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPDCANTREQUEST.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC Page 3 of 3 Corpus Christi, Texas __day of ,2003 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 ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel b Neal, Jr. 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 William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC A-1 R'IB B-4 B-4 R L ROA[ 8 .TRY ACRES B-4 10 Feb 11, 2005- RP 0 100 200 300 -----'------ CASE Z0203-04 R-lB One--Fm~ily Dwelling Dist. A-1 Aportrmnt House Dist, B-4 Generol Business Dist. APPLICANT'S REQUEST B-4 EXHIBIT A PROPOSED R-2 REZONING ~ ~ ~ 2.187 ACRES ~.o.~. / ~/.~ .~/ 0 100' 200' DATE 1/30/03 ~ RICHARD KRONKE ~" JLM I ~TE --- EXHIBIT B ~.~,.~ ...... PROPOSED REZONING TRACTS 1/30/03 c~ ~.. ~ ~=. CORPUS CHRISTi TEXAS s~ goe NO 30004 ' O~W~.O .0 30004_EX_B sclc AS NOTED ] SHEET I APPLICANT'S REQUEST Exhibit c Proposed R~oning Tracts J200.30004 Being two tracts of land proposed for rezoning, together being all of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres according to a map recorded in Volume 5, Page 40, Map Records of Nueces County, Texas, and each tract being room particularly described by metes and bounds as follows: Tract I Tract 1 being proposed for a B4 rezuning and being 2.187 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; . Beginning at the northeast comer of this tract, said comer also being the northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the northwest right-of-way line of Violet Rd.; Thence, S 44° 51' 00" W with the southeast boundary of this tract and the northwest fight-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of this tract; Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this tract; Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract; Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this tract, said comer being on the southeast fight-of-way line of Church Street; Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of- way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720 acre tract, said comer being on the north line of Block 7 and the sooth line of Block 8; Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86 feet, to the point of beginning and containing 2.187 acres of land, more or less. Tract 2 Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936, Deed Records of Nueces County, Texas; Beginning at the southwest comer of this tract, said comer also being the southwest comer of said 2.720 acre tract and lying on the southeast right-of-way lirie of Church Street: Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the northwest comer of this tract; The~:tce, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same being the interior comer of Tract 1; EXHIBIT C APPLICANT'S REQUEST Thence, S 39° 02' 00' W with the east boundary of th/s tract, at 170.00 feet pass the southmost southwest comer of Tract 1, in all 225.00 fee~, to the southeast comer of this lract and the southmost southeast comer of said 2.720 acre tract; Thence, N 50° 58' 00" W, 103.08 feet, to the poim of beginning and comaining 0.533 acres of land, more or less. EXHIBIT C CONTINUED APPLICANT'S REQUEST AN ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.71 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 2 (1.01 ACRES); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Harold Kronke for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 2003, 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 changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533 acre). Tracts 1 and 2 are shown on the attached Exhibit A and are described by metes and bounds on the attached Exhibits B and C. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR~JOSEPH~ONING\0203-04ZONINGREGULAPLANNINGCOMMREC,DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ,2003 Samuel L. Neai, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ZONING\0203-O4ZONINGREGULAPLANNINGCOMMREC.DOC Page $ o~ 3 Corpus Christi, Texas __ day of ,2003 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 ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ONING\0203*04ZONINGREGULAPLANNINGCOMMREC.DOC A-1 R'-I B B-4 ~ 37 B-4 Rm .L TRY ACRES 8 10 Feb 11, 2003- RP 100 300 CASE Z0203-04 B-4 R-lB One-rcmi ly Dwelling Dist. A-1 Aport merit House Dist. B-4 General Business Dist. PLANNING COMMISSION RECOMMENDATION EXHIBIT A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONICE Tract 1 Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the no~hwest right-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. H:~PLN-DIR\ERMA\WORD~M&B\0203 -04M&B.DOC EXHIBIT B PLANNING COMMISSION RECO~IENDATIO] PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 2 Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueees County, Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the southeast right-of-way line of existing Church Street, and the west comer of the tract herein described; THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of 428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract; THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a point, for the east comer of this tract; THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract; THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast right-of-way line of existing Church Street, for the POINT OF BEGINNING. H:~P LN-DIR\ERMA\WORD~vI&B\0203-04M&B .DOC EXHIBIT C PLANNING COMMISSION RECOMMENDATION Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HAROLD KRONKE, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.71 ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.71 ACRES); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Harold Kronke for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 26, 2003, during a meeting of the Planning Commission, and on Tuesday, April 15, 2003, 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 changing the zoning on 1.71 acres out of Blocks 7 and 8, Shell Road Poultry Acres, located between Violet Road and Church Street and 500 feet north of Leopard Street, from "R-1B" One-family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres). Tract 1 is shown on the attached Exhibit A and described on the attached Exhibit B. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGSTAFFREC.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15TM day of April, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~,2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGSTAFFREC,DOC Page 3 of 3 Corpus Christi, Texas __day of ,2003 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 ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ZONING\0203~04ZONINGSTAFFREC.DOC A 1 R'--1 B B-4 B-4 Rm 'RY ACRES 10 , Feb 11, 2003- RP 0 100 ~00 ~' -- CASE Z0203 04 ---- B 4 R-lB One~Iru~ily Owel/ing Dist. A-1Aportment House Dist. B--4 General Business Dist. STAFF'S RECOMMENDATION FY-J~[ ]ZB T T A PROPOSED REZONING TRACT CASE NO. 0203-04 HAROLD KRONKE Tract 1 Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County, Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point on the northwest fight-of-way line of Violet Road and the northeast comer of the tract herein described; THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract; THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract; THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the northwest comer of this tract; THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING. STAFF'S RECOMMENDATION EXHIBIT B H :\p LN .DIR\ERM A\WOPd)~vl&B\0203 -04M &B~DOC 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Commission for Children and Youth 2003 Master Plan STAFF PRESENTER(S): Name Title/Position Department 1. Dan Whitworth 2. Linda Hodge OUTSIDE PRESENTER(S): Name Director Asst. Dir. Programs Title/Position Park & Recreation Park & Recreation Orf~anization 1. Gloria Jackson Chair 2. John LaRue Member 3. Robin West President 4. Paige Dinn Member 5. Phil Rhoades Professor Commission for Children and Youth Commission for Children and Youth Coastal Bend Alliance for Youth Youth Opportunities United TAMUCC ISSUE: Commission for Children and Youth 2003 Master Plan Presentation BACKGROUND: In 1994, the Mayor established the Commission for Children and Youth. The Commission offers a comprehensive, integrated master plan which can guide the City's policy and program creation for children, youth, and families. The first Commission for Children and Youth Master Plan was approved in 1997. Since then the plan has undergone revisions in 2000 and now 2003. REQUIRED COUNCIL ACTION: Additional Background Exhibits None needed. (Department Head Signature) (Copy of Master Plan) Children & Youth Corpus Christi Commission on Children and Youth MASTER PLAN April 2003 Commission on Children and Youth April 2003 Members Barry Abels Vicky Alexander Rosa Balderas Margaret Canales Penny Grochow Liana Gonzales Gloria Jackson Mary Jackson John C. B. LaRue Melissa Madrigal Lauren Ranly Drew Reining Paula Rosenstein Staff Daniel L. Whitworth Linda Hodge "If we don't stand up for children, then we don't stand for much." - Marian Wright Edelman Commission on Children and Youth PREAMBLE Too many children and youth in Corpus Christi live in conditions we would never wish on any child. As identified by J. D. Hawkins and R. F. Catalano in their comprehensive strategic planning process~, these conditions, or risk factors, are linked with behaviors such as delinquency, violence, drug use, teen pregnancy, dropping out of school, and child maltreatment The number of children living in poverty in Nueces County is one in three. The estimated median household income is $31,925, with 33.3% of the population having a household income of $19,999 or less. The per capita income for Nueces County has been significantly lower when compared to state and national figures. Unemployment in the county is also significantly higher than state and national levels. It appears that a majority of local school children come from economically disadvantaged families. Risk Factor: Extreme Economic Deprivation In 2001, the rate of confirmed cases of child abuse in Nueces County was almost double that of the state figure. Since 1998, the number of children living in foster homes has nearly tripled in Nueces County compared to an increase of only .5% in the state. Texas Department of Protective and Regulatory Services data on confirmed adult abuse victims notes a rate per 1,000 for the State of 7.2 in 2000; for Nueces County it was 10.4. The higher rate of adult abuse in the County mirrors that of child abuse. Risk Factor: Family Management and Family Conflict In 2000, 22.6% of students participating in a Youth Opportunities United (YOU) Middle School Student Survey reported "skipping" one or more days of school. In comparison, only 13.7% of 7th graders and 18.8% of 8th graders statewide indicated they were truant during the previous school year. Although school attendance rates have increased steadily in Nueces County, three of the largest school districts attendance rates fall below that of the state. Drop out rates continue to decline in Nueces County but are still greater than state and national rates. Risk Factor: Early Academic Failure and Lack of Commitment to School Adult alcohol related arrests and drug abuse violations have steadily increased in the last three years, as has have the number of adults in alcohol and drug treatment facilities. An alarming number of women with children used drugs during pregnancy. Data indicates the long term effect of alcohol abuse is seen in an alarming increase in deaths due to liver disease and cirrhosis. Risk Factor: Parental Attitudes and Involvement in the Problem Behavior Arrests of juveniles in the 10 to 14 age group for drug abuse violations have increased in the county and state. A 2000 YOU Middle School Student Survey indicated that Nueces County students begin their participation in alcohol and drug abuse at an early age, with about 45% reporting beginning at 13 years or younger. Risk Factor: Early Initiation of Problem Behavior Corpus Christi's children, youth and families deserve better. They deserve to have access to opportunities that (1) lead to healthy self-sufficiency and (2) provide support in maintaining that capacity. City and county governments have the unique responsibility and capability of responding to public needs by building access to opportunities through their internal programming as well as leadership functions. To accomplish that task, identification and communication of public needs among the citizens, governing bodies and support sectors is paramount. A key element in community action is a process and/or an entity that brings together public representation and public and private resources in joint action. The Commission on Children and Youth was formed to provide that link between public and community-based services and funding resources. Its purpose is also to provide guidance in forming a community-wide comprehensive approach to getting the right services to the right child and family at the right time. There are no quick fixes. As a community we must accept that complex problems stemming from long-term causes do not have simple, short-term solutions. We must also change our approach from one of reacting to each problem behavior as if it were separate from the others. We must acknowledge the intemonnections among these problems and underlying causes in order to create an integrated focus on prevention and early intervention efforts coupled with an effective law enforcement and restitution system. Focusing on prevention reflects a broad recognition both of the seriousness of the risk factors contributing to the problem behaviors and of the fragmentation and limitations of current responses. At the same time, we should aggressively ii intervene in the lives of children who are right now juvenile offenders, victims of maltreatment, suffering from substance abuse, or at-risk of failing to complete their education. Corpus Christi has made progress. Through efforts of the Commission as outlined in its 1997 Master Plan (Revised 2000) 2 and community responses such as the Youth Opportunities United (YOU) comprehensive strategy planning process3, strides have been made in working toward a spectrum of collaborative prevention programs while at the same time improving the coverage and coordination of present intervention and sanctioning programs. Collaboration- building and networking oppommities as provided by such organizations as the Coastal Bend Alliance for Youthn continue addressing systemic support needed for these efforts. Other entities such as the Council of Governments through its Nueces County Community Plan5 and work done by the United Way of the Coastal Bend6 and Texas A&M University-Corpus Christi, University Outreach,7 provide planning and funding support for local and regional responses. YOU data8 has begun to indicate some successes: Teen pregnancy: The rate of adolescent pregnancies in Nueces County appears to have decreased for each year between 1995 and 2000, although the annual rate is still higher than those for the State and nation. Juvenile Crime/Delinquency: Juvenile property crime arrests and violent crime arrests have steadily decreased in Nueces County. Juvenile arrests for curfew, vandalism, and disorderly conduct have been declining since 1997. Truancy/Drop Out: Truancy and drop out rates, while still higher than state levels, have steadily declined over the last two years. An increase in academic achievement is seen in both reading and math TAAS test score improvements for the last five years in Nueces County school districts. Collaboration/Systemic Reform: Collaborative efforts and systemic integration of services has encouraged funding sources to support services for Nueces County youth and families. YOU Grant Coordination efforts have leveraged over $10M in state and federal grants for local service providers. iii Much of the success seen in programs directly working with children, youth and their families comes from a growing focus on outcome based planning and improvement in systemic linkages between agencies. We are not satisfied with numbers any longer! We want to see actual changes in people's environment, skills, and capabilities. We also realize such changes cannot come from the activities of one program alone. Problem behaviors of the magnitude of those in Corpus Christi too often stem from a complex pattern of risk factors that require a comprehensive services response. Current success has been due in part to the determination of many agencies and organizations to collaborate in order to develop a seamless continuum of services for children, youth and their families. We realize it is more effective to work together. Unfortunately, much remains to be accomplished. As a Commission of the City, we need to encourage the recognition that progress can be made when prevention, intervention and enfomement complement, build upon, and support each other. Therefore, it is the intent of the Commission on Children and Youth to offer in the Commission 2003 Annual Master Plan the continuation of a comprehensive, integrated approach which can guide the City's and the community's response to strengthening effective and accountable services for the children, youth and families of Corpus Christi. FUNCTIONS AND DUTIES The Corpus Christi City Council formally established the Commission on Children and Youth as an advisory committee on April 26, 1994. Functions and duties were ascribed to the Commission at that time. The Commission was directed to: 1. Gather and organize information from all people and entities in order to act as a source of information and referral on issues concerning children, youth and their families; 2. Develop and update periodically a Commission action plan for children, youth and their families; 3. Advise the City Council on acquiring and efficiently allocating resources and services for children, youth and their families; 4. Promote the development and strengthening of effective and accountable services for children, youth and their families; 5. Strengthen communications and encourage collaborations between entities working with children, youth and their families; and, 6. Serve as an advocate of local, state and federal policy benefiting children, youth and their families to the City Council, and to others as authorized by the Council. (Ordinance No. 21927, 1, 4-26-94) Commission on Children and Youth Mission and Vision Statement, Values and Principles MISSION STATEMENT The mission of the Corpus Christi Commission on Children and Youth is to support a comprehensive system of services and advance policies to meet the needs of the City's children, youth and their families. GUIDING VALUES AND PRINCIPLES Early in its initial planning meetings, Commission members established a set of guiding values and principles that enabled the development of recommendations that were responsive and relevant to community needs as well as acceptable by service providers from all service areas. Current Commission members endorse these values and principles. The Commission believes that: Children and youth are a resource to be nurtured, educated, strengthened, taken seriously as individuals, and given primary attention to their best interests for the community's future. Children should have the opportunity to grow up healthy, educated, safe, emotionally and spiritually strong and economically secure. Approaches to child maltreatment, juvenile delinquency, and lack of educational attainment should focus on primary prevention, interventions and treatment programs with proven effectiveness working with law enforcement and the court system. A full comprehensive range of prevention programs should address the full complexity of the causes of child maltreatment, juvenile delinquency, and lack of educational attainment for prenatal through young adult age groups. Programs must be integrated and coordinated throughout the community and with appropriate County and State entities, non-profit organizations, health, legal, social services, mental health, employment, law enforcement, educational professionals, religious groups, and the business sector. Programs should involve children and youth in their design and evaluation. Continued Commission support should be limited to programs which can demonstrate progress, effectiveness in resource use, and accountability. In its continuing planning process, the Commission has identified three ongoing problems...family conflict, juvenile crime and delinquency and inadequate educational attainment...as needing immediate attention. A fourth issue involves the need to develop, manage, and analyze information and programs in an effective manner. The Commission recognizes that these issues are related to each other by cause and effect and responses to one can have positive effects on the others. The Commission also recognizes the work done by the Youth Opportunities United (YOU) comprehensive strategic planning process in identifying risk factors that lead to these problems. The Commission 2003 Master Plan partners with the YOU Comprehensive Strategy 5-20 Year Plan in that both will work to develop recommendations and determine action based on risk factors leading to problem behaviors. It is also hoped the Commission's plan will reflect accountability based standards for a comprehensive systemic approach to effective service delivery. The Vision Statement adopted by the Commission in 1997 stands true today: VISION STATEMENT Corpus Christi and Nueces County will be a community philosophically and f'mancially committed to the well being, education and success of children and youth. Ali sectors of the community will work together diligently, interacting and sharing ideas and concerns to improve the quality of life for all citizens. Everyone will be an active participant in promoting a safe and healthy community. COMMISSION 2003 MASTER PLAN GOAL I: CORPUS CHRISTI CHILDREN AND YOUTH HAVE THE OPPORTUNITY TO GROW UP HEALTHY, SAFE, EMOTIONALLY AND SPIRITUALLY STRONG AND ECONOMICALLY SECURE. PROBLEM: RISK FACTORS: Family conflict and child maltreatment Family management and Family conflict Extreme economic deprivation Parental attitudes and involvement in problem behaviors RECOMMENDATION I.A. The Commission believes that the development of quality parenting skills and a comprehensive community support net is necessary to prevent child maltreatment, delinquency and dropout..Parents are the primary role models and agents of socialization for children. Parents must provide a safe, supportive, caring and normative environment for children if they are to develop into law abiding, productive citizens. ,4 strong family unit stems from quality parenting supported by a services net that is sensitive to physical, emotional and economic stresses. ACTION PLAN I.A. 1. The Commission will encourage all organizations that work with children and youth, particularly PTAs, faith based organizations, and sport organizations to establish more family based activities as part of their programs. The Commission will encourage these groups to collaborate toward this goal. The Commission will also encourage these groups to teach and encourage parents to create opportunities for family activities in all areas of their lives. I.A.2. The Commission will establish a collaborative group of organizations that teach parenting education classes and provide parent support groups. The Commission will encourage the collaborative to look for and address gaps in getting parent education and support to parents and to increase the numbers and availability of parenting classes and support groups for parents. I.A.3. The Commission will educate the public and encourage the development of participation funds and scholarships for families to register children in competitive sports and other family oriented activities. RECOMMENDATION I.B. Preventive and supportive medical services assist children and in developing the healthy minds and bodies necessary to stay in school, form strong social bonds, and avoid delinquency. The Commission encourages the improvement, expansion and coordination of preventive health care and social services so that they are available to all children, youth and their families, specifically immunizations, nutrition and weil-child prevention programs. ACTION PLAN I.B.1. Using data collected under Goal g4, the Commission will identify gaps related to the medical and nutrition services pertaining to the health of children and youth. I.B.2. The Commission will establish a collaborative group to address gaps in prevention services for juvenile diabetes and other illness related to childhood obesity and poor nutrition. The collaborative will encourage efforts to establish sports and other active programs for children that promote good health. The collaborative will support and monitor effective programs and efforts to prevent childhood obesity and poor nutrition and its resulting heath consequences. The collaborative will establish a public education program to inform the public about health problems and solutions for childhood obesity, poor nutrition and its resulting childhood health consequences. RECOMMENDATION I.C. The Commission recommends increased training and monitoring of the investigation of child maltreatment cases and the process o f joint investigation by law enforcement and child protective services as required by the Texas Family Code (Family Code Section 264) and coordinated by the Children's Advocacy Center. The Commission encourages efforts of the County Court at Law #5 specializing in juvenile and child protection service cases and the implementation ora plan for a comprehensive Child Protection System for Corpus Christi. ACTION PLAN I.C.1. The Commission will work with the Nueces County District Attorney's Office to establish a special prosecutor for child abuse cases. I.C.2. The Commission will work with the Nueces County Child Protection Advisory Committee to establish a community-wide child protection system by closing the gaps in a continuum of services from prevention through intervention, treatment and legal services. I.C.3. The Commission will encourage the City Council to adopt a child protection policy. I.C.4. The Commission will support and monitor effective programs and efforts for the prevention, intervention and treatment of child maltreatment already existing in the community and encourage these programs to work together. I.C.5. The Commission will encourage public education efforts to increase understanding of child maltreatment, the need for increased identification and reporting of victims, and a greater awareness of prevention and service programs. I.C.6. The Commission will assist local agencies in coordinating public awareness efforts for child abuse and anti-violence activities with state and national activities. RECOMMENDATION I.D. The Commission recognizes the devastating effects of teenage pregnancy on this community both for the teen parents and their young children. The Commission encourages collaborations that result in the establishment of a community-wide system of prevention of teenage pregnancy. ACTION PLAN I.D.1. The Commission will identify gaps in services available for teens and their families addressing the prevention of teen pregnancy and teen fatherhood. I.D.2. The Commission will establish a collaboration of entities who work with pregnant teens and teen fathers. The collaborative will establish self esteem building and sexuality information programs for pre-teens. The collaborative will encourage the establishment of a series of fatherhood programs. I.D.3. The Commission will monitor and support effective programs and efforts made towards the prevention of teenage pregnancy and teenage fatherhood. RECOMMENDATION I.E. The Commission believes adult controlled, nurturing environments providing pro- social/moral development, avoidance of victimization, and learning readiness prevent delinquency and school dropout. Adequate, safe, affordable, quality childcare and non school hour programs enables parents to be employed and acts as a deterrent to family conflict and juvenile misbehaviors. ACTION PLAN I.E.1. The Commission will work with the Day Care Licensing Department of the Department of Protective and Regulatory Services and its training component to encourage the integration of learning readiness programs into present day care environments. RECOMMENDATION I.F. The Commission believes City projects/departments such as the Housing Authority, Operation Weed & Seed, and City County Health Department, in partnership with community-based services should focus efforts to improve neighborhoods and housing and reduce community isolation through collaboration and shared resources. Unsafe physical environments, deteriorated housing, and isolated community segments decrease neighborhood quality, pose risks of harrn to children, and increase stresses on family life which lead to family conflict and child maltreatment. ACTION PLAN I.F.1 The Commission will encourage the City Council to adopt and will monitor implementation of the Children's Impact Statement incorporated within relevant City processes that impact children, such as CDBG grant applications, arts sub grant applications, zoning applications, and other neighborhood development projects. RECOMMENDATION I.G. The Commission supports public education to create better understanding of family management and family conflict issues, greater awareness of prevention and service programs among families in need, stronger support for programs, and greater volunteerism. Education efforts should include Commission efforts to inform City Council and City staff. ACTION PLAN I.G.1. The Commission will assist local agencies by coordinating 2003 public awareness efforts with state and national activities. 6 GOAL II: CORPUS CHRISTI CHILDREN AND YOUTH WILL REACH ADULTHOOD IN AN ENVIRONMENT FREE OF CRIME AND VICTIMIZATION BY EMPHASIZING EFFECTIVE PREVENTION, INTERVENTION AND ENFORCEMENT PROGRAMS. PROBLEM: RISK FACTOR: Juvenile crime and delinquency Extreme economic deprivation Family management and Family conflict Lack of commitment to school Parental attitudes and involvement in problem behaviors RECOMMENDATION II.A. The Commission encourages the improvement, expansion and coordination of intervention programs. The Commission believes that children need to develop empathy for others, learn ways to control impulses, develop problem-solving skills, and manage their anger in order to avoM delinquency and misbehavior. ACTION PLAN II.A.1. The Commission will work with YOU initiatives, the Juvenile Assessment Center, Juvenile Court, Nueces County Juvenile Probation Department and other programs in place, encouraging the continuation of collaborations that result in the establishment and continuation of community-wide programs for the prevention, intervention and treatment of juvenile delinquency including legal services where necessary. II.A.2. The Commission will establish collaboratives to create more programs such as the Haas Middle Schools Family Life Center and all other EFFECTIVE mentoring programs for youth. II.A.3. The Commission will establish collaboratives to expand conflict and anger management programs for youth. II.A.4. The Commission will work with YOU initiatives to support and monitor all EFFECTIVE programs and efforts to prevent juvenile crime and delinquency and its resulting consequences. 7 RECOMMENDATION II.B. The Commission recommends the establishment of programs for prevention, intervention and treatment of juvenile alcohol and drug use. The Commission recognizes the devastating effects of teenage alcohol and drug abuse. ACTION PLAN II.B.1 The Commission will work with YOU initiatives and the Juvenile Assessment Center to establish an alcohol and drug detoxification facility for youth and day treatment programs for youth. II.B.2. The Commission will work with YOU initiatives and the Nueces County Child Protection Advisory Committee to establish Nueces County Court at Law #5 as a Juvenile and Family Drug Court. II.B.3. Support efforts of Youth Continuum of Care Coalition to network prevention, intervention and treatment services and provide a forum for the development of collaborative programs addressing the risk factors leading to substance abuse. RECOMMENDATION II.C. The Commission believes a full spectrum of counseling services .for the amelioration or prevention of the negative effects of social, economic, and family problems shouM be available to all children and parents. ACTION PLAN II.C.1. The Commission will encourage the establishment of a range of programs to prevent and intervene in situations of pre-teen and teenage battering for both batterers and victims. I1.C.2. The Commission will work with teen mentoring programs, groups teaching parenting skills to parents of teenagers and the National Conference for Community Justice (JCCJ) to establish programs to teach teens positive communication skills and empathy and tolerance for others. II.C.3. The Commission will encourage thc establishment of Preparation for Adult Living Programs for Teens similar to the ones for teens in foster care called PALS for teens who are not in foster care. 8 RECOMMENDATION II.D. The Commission recommends an increase in the number and range of after school programs and activities for children and youth. The Commission understands that after school time is statistically the hours most likely for children and youths to get themselves into trouble. ACTION PLAN II.D.1. The Commission will encourage the City Parks and Recreation Department and other youth service providers (YMCA, YWCA, Boys and Girls Club....) to collaborate with faith based organizations, school districts, public libraries, Weed and Seed, mentoring programs and other like organizations to support the development and funding of a broad range of productive and healthy activities for children and youth. These activities should be open year round and should include, but not be limited to, volunteer opportunities, job training, recreation activities, and creative opportunities such as artistic endeavors for children and youth. GOAL III: CORPUS CHRISTI CHILDREN AND YOUTH WILL SUCCEED IN THE ATTAINMENT OF KNOWLEDGE, SKILLS, AND CONFIDENCE NECESSARY FOR THE PURSUIT OF ECONOMIC SELF-SUFFICIENCY IN ADULTHOOD. PROBLEM: RISK FACTORS: Inadequate education attainment for self-sufficiency Early academic failure and lack of commitment to school Family management and Family conflict Early initiation of problem behaviors Parental attitudes and involvement in problem behaviors RECOMMENDATION III.A. The Commission believes that all students can reach their maximum potential and recommends the use of assessment tools that determine early risk factors which could later impact a student's commitment to school and ability to learn. Ali children need a quality education which offers meaningful and challenging opportunities to develop necessary life and academic skills and fosters self-confidence and personal responsibility in order to eventually become healthy productive adults. ACTION PLAN III.AA. The Commission will encourage school districts to develop and use tools and systems for early identification of each individual student's strengths and weaknesses. III.A.2. The Commission will work with school districts and youth development organizations to develop collaboratives that will focus on creating alternative learning opportunities for students based on identified individual strengths/potentialities. III.A.3. The Commission will encourage initiatives whose goals are to educate children and their families on the importance of life-long learning and encourage them to get excited about their potentialities for the future. (Ex: Closing the Gaps; Seamless Pipeline) III.A.4. The Commission will encourage educational collaborations to focus on the development of personal and social competencies that will encourage productive future careers. RECOMMENDATION III.B. The Commission supports the development of mechanisms that will enable the community to work alongside public, private and parochial schools in developing quality education systems. The Commission recognizes public school commitment to identifying what is relevant (real-world application-based) curriculum; developing academic standards that interface with student 10 learning and academic achievement; and implementing relevancy-based testing that will benefit all children and encourage their capacity to learn. ACTION PLAN III.B.1. The Commission will assist education systems and the business sector in the development of a mechanism that enables the community to assist in developing and advocate for real-world expectation and relevance in standards-based curriculum. III.B.2. The Commission will encourage school districts to develop academic standards aimed at developing the capacity of all children to learn. III.B.3. The Commission will assist in the development of a community and education collaboration which will monitor the development of testing tools based in relevancy and focusing on identifying measurable outcomes for all children. RECOMMENDATION III.C. Educational institutions, families and support services should work together through a community-wide "seamless pipeline" strategy in developing initiatives supporting education for all children from birth through high school and into job training/technology post-secondary and/or higher education. To this end, the Commission recommends the coordination of academic strategies and curriculums to reflect a continuum of academic opportunities and encouraging articulation from one institution to the next. ACTION PLAN III.C.1. The Commission encourages effective programs that focus on providing children the opportunity to learn to read, attain and sustain their best reading level and make reading a life-long accomplishment and enjoyment. II1.C.2. The Commission will encourage the development of collaborations that focus on children being technologically competent beginning in elementary school. III.C.3. The Commission will provide opportunities for early childhood development centers, primary and secondary schools, junior colleges, universities, and certification and trade schools to work toward a "seamless pipeline" through workshops focusing on systemic aligmnent and resource development. RECOMMENDATION III.D. The Commission believes the community must leverage and commit resources necessary to expand and enrich educational opportunities for all students, particularly those at risk of dropping out of school and encouraging a commitment to graduating and continuing education. Education is a community responsibility. Parents, business and industry, social services, government...every sector of the community has a stake in the academic success of all students. 11 ACTION PLAN III.D.1. The Commission will encourage business and industry to participate in mentoring students at-risk of dropping out of school and speaking to students regarding education and professional skills needed in the world of work. III.D.2. The Commission will work with the Chamber of Commerce to promote the development of initiatives to recruit members of the private sector willing to allow students to shadow for a day. III.D.3. The Commission will encourage business and industry to provide job opportunities for youth both during school-day work programs and after school jobs that focus on building essential knowledge and skills and encouraging continuing academic Success. 12 GOAL IV: COLLECTION, DISSEMINATION AND PROGRAM EVALUATION EFFORTS WILL SUPPORT EFFECTIVE AND ACCOUNTABILITY-BASED PROGRAMS AND COLLABORATION AMONG CHILDREN AND YOUTH SERVICE PROVIDERS. PROBLEM: Uncoordinated Information and Accountability Systems RECOMMENDATION IV.A. The Commission acknowledges the need for continued support of information collection and dissemination and program evaluation efforts that encourage the development and sustaining of effective programs. ACTION PLAN IV.A. 1. The Commission will continue to support collaborative efforts, particularly those of the Youth Opportunities United (YOU) Data Collection Office and the Social Research Center at University of Texas-Corpus Christi to collect data needed to inform the Commission and others regarding how to best utilize financial and human resources to facilitate productive efforts. IV.A.2. The Commission will encourage program evaluation in all fields and disciplines to ensure that the community's responses reflect the well being of all children and youth. IV.A.3. The Commission will develop and set in place procedures to receive scheduled reports from Youth Opportunities United (YOU) on collected data. RECOMMENDATION IV.B. The Commission is committed to increased communication and collaboration between agencies and organizations that work with children and youth. ACTION PLAN IV.B.1. The Commission will initiate opportunities for dialogue among United Way of the Coastal Bend, Council of Governments, Chamber of Commerce, Workforce Development Corporation and other entities working to develop community capacity in order to enhance collaboration and effective use of community resources to the benefit of children, youth and their families. 13 RECOMMENDATION IV.C. The Commission recognizes that programs and services go unused if information about them is not disseminated to those with needs. ACTION PLAN IV.C.1. The Commission will work with United Way of the Coastal Bend's INFO*LINE service to expand and fund its referral system for services and programs associated with this Master Plan. IV.C.2. The Conunission will request current City and community newsletters be used to disseminate information about services and programs associated with this Master Plan. RECOMMENDATION IV.D. The Commission believes it is imperative that all sectors of the community work together collaboratively to overcome limited resources through leveraging local community dollars, developing partnerships when applying for state and federal grants, and encouraging volunteerism as a positive community responsibility. ACTION PLAN IV.D.1. The Commission will support the Youth Opportunities United (YOU) Grant Coordination Office in its work to foster collaborative program development. IV.D.2. The Commission will encourage volunteerism through a partnership with the Volunteer Center of the Coastal Bend and other initiatives supporting volunteer activities. 14 PROCEDURAL ISSUES: The Commission's grant endorsement and recommendation process will continue. The Commission will provide written endorsement and recommendations for support to City Council of grant applications fi.om government and non-profit entities for programs and services consistent with the values, principles, and objectives of this plan. Grants must successfully complete the Commission's grant endorsement procedure. Also, the Commission will provide endorsement of programs (where grants are not sought) if such programs are consistent with the values, principles and objectives of this plan. The Commission's planning processes will continue. The Commission will participate in the annual review and revision of the Commission on Children and Youth's Master Plan. The Commission will participate in community planning initiatives such as the Youth Opportunities United Comprehensive Strategy Plan, Nueces County Council of Government's Community Plan, United Way of the Coastal Bend, Workforce Development Board. The Commission will review proposed legislation and make recommendations to the City Council. Thc commission will review proposed legislation submitted to it by Commissioners, City staff, and City Council. It will, within the limits of its mission and consistent with its plan, make recommendations to City Council concerning such legislation. The Commission will provide information on its plans and activities to the City Council and the public it serves. Upon approval of this plan at a Commission meeting, it will be presented to the City Council and released to the public. Such presentation and release will be done for each action of the Commission and City Council as they accomplish portions of this plan. 15 2003 MASTER PLAN CALENDAR January Make revisions to 2003 Annual Master Plan February Finalize Master Plan March Approve Master Plan at March Commission meeting April Present to City Council May Present Master Plan to public at May Commission meeting and at CBA¥ Membership Meeting. Election of Officers. Following calendar will be filled in based on info received from May meeting and input from newly elected commission members that start in June. Dates Task Responsible Party 16 SOURCES ~ Howell, James C., & Bilchik, Shay, Editors. (June 1995). Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders. Office of Juvenile Justice and Delinquency Prevention, U. S. Department of Justice. On file at Youth Opporttmities United, 1201 N. Shoreline, Corpus Christi, Texas 78401. 361-881-1843. 2 1997 Commission on Children & Youth Master Plan. On file at City Park & Recreation Department, 1201 Leopard Street, Corpus Christi, Texas 78401. 361-880-3484. 3 Youth Opportunities United (YOU) Comprehensive Strategy 5-20 Year Plan. On file at Youth Opportunities United, 1201 N. Shoreline, Corpus Christi, Texas 78401. 361-881-1843. n Coastal Bend Alliance for Youth. For more information, call 361-886-9277 or 361-880-3484. 5 Nueces County Community Plan. On file at Council of Governments, 2910 Leopard Street, Corpus Christi, Texas 78408, 361-883-5743. 6 United Way of the Coastal Bend. For more information, call 361-882-2529. ? Texas A&M University-Corpus Christi, Community Outreach. For more information, call 361- 825-2778. 8 Youth Opportunities United Nueces County Juvenile Risk Factor Data & TrendAnalysis, 5th Edition, 2002. On file at Social Science Research Center, Texas A&M University-Corpus Christi, 6300 Ocean Drive, Corpus Christi, Texas 78412. 361-825-3206. 17 Commission on Children and Youth Council Presentation April 22, 2003 Histo~ of SUcces~~ MISSION The mission of the Corpus Christi Commission on Children and Youth is to support a comprehensive system of services and advance policies to meet the needs of the CiO,'s children, youth and their families. COMMISSION MEMBERSHIP youth FUNCTIONS AND DUTIES · Gather and organize information about child/youth/family issues in order to act as a source of information and referral. · Develop an annual community action plan for children, youth and families. ~ Advise the City Council regarding resources for children, youth and families. FUNCTIONS AND DUTIES ~ Promote and foster effective services for children, youth and families. · Encourage and strengthen public/private partnerships for effective communication and services to children, youth and families. x Serve as advocate of local, state and federal policies benefiting children, youth and families. Commission On Children and Your~ Goal 1: ¢o~ Chr~fi children and yo~ have the opPOrtun~ ~ grow up healthy, safe, emO~nally ~.~ strong, ~ir#ual ~d ~ '..~ economically Secure. ~ Problem: Goal Problem: Inadequate Educational Attainment '~' Purposes of Coastal Bend ~IkndAmanc~ ~y~ Alliance For Youth Youth Opportunities Uni_=t~d Comments: 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION April 22, 2003 AGENDA ITEM: Draft Transportation Improvement Program Fiscal Year 2004 - 2006 CITY STAFF PRESENTER(S): Name 1. 'Angel R. Escobar OUTSIDE PRESENTER(S): Name None Title Director Title/Position Dept/Division Engineering Services Organization BACKGROUND: The Metropolitan Planning Organization (MPO) is required to submit a Transportation Improvement Program (TIP) every two years projecting the subsequent three years of construction projects. The MPO consists of two committees: 1. Technical Advisory Committee (technical staff) 2. Transportation Policy Committee (elected officials) The TIP is drafted by the Technical Advisory Committee and adopted by the Transportation Policy Committee. The TIP is a listing of potential street, aviation and transit improvement projects to be funded through different categories of federal, state and matching local funds. The TIP is a necessary step to obtaining Texas Department of Transportation and Federal Highway Administration (FHWA) federal highway funds. These funds have been used in the past to improve sections City streets, including Airline Road, Kostoryz Road, and McArdle Road. TIMELINE: April 17, 2003: April 22, 2003: April 29, 2003: May 1,2003: October 2003: The Technical Advisory Committee met on April 17, 2003, to review and finalize a draft FY 2004 - 2006 TIP. Presentation of the draft FY 2004 - 2006 TIP to the City Council. Action item presented to the City Council requesting approval of the draft FY 2004 - 2006 TIP. The FY 2004 - 2006 TIP is due to be submitted to the Texas Department of Transportation in Austin, Texas. Approval of the draft FY 2004 - 2006 TIP by the Texas Department of Transportation and Federal Highway Administration. The City's needs for street improvements are numerous. A prioritized list of future street needs is attached as Exhibit A for review and consideration. Director of Engineering Services Attachments: Exhibit "A" Future Street Needs Map 15 AGENDA MEMORANDUM PRESENTATION April 22, 2003 AGENDA ITEM: Padre Island Desalination Plant- Feasibility Analysis and Siting Plan Project Status Update CITY STAFF PRESENTER(S): Name Title 1. 'Angel R. Escobar Director Dept/Division Engineering Services OUTSIDE PRESENTER(S): Name 1. John S. Heckler, P.E. 2. Jonathan B. Howard, P.E. Title/Position Partner Project Manager Organization Carollo Engineers Carollo Engineers ISSUE: Potable water service on Padre Island will be improved by the addition of desalination and storage facilities to meet the increasing water demands of this service area. This briefing serves as an update to the City Council and provides a status report and initial findings of the Padre Island Desalination Project Feasibility Analysis and Siting Plan (Project No. 8423). Final Assessment Phase findings and recommendations will be presented to Council during the June 2003 timeframe. BACKGROUND: The City of Corpus Christi supplies drinking water used on Padre and Mustang Islands, delivered by an existing 24-inch pipeline crossing the Laguna Madre. Current water usage on North Padre and Mustang Islands is approximately 3 million gallons daily (mgd), which is approaching the capacity of the existing facilities. Future growth on the Islands is expected to increase demand. This project has two primary objectives: to improve water service for the Islands in the near term; and to provide a longer-term water system to support projected demand increases. To meet these objectives, the City is pursuing desalination treatment and storage facilities to be located on Padre Island. / '~ngel R. EscoDar, P.E. Director of Engineering Services Attachments: Exhibit"A" Project Description Exhibit "B" Project Status Briefing Exhibit "C" Project Presentation Padre Island Desalination Project Feasibility Analysis and Siting Plan (Project No. 8423) Presentation to City Council - April 22, 2003 Exhibit "A" - Project Description PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). 2. December 171 2002 - Execution of Engineering Services Contract for Assessment Phase of Padre Island Desalination Project (Project No. 8423) PRIOR ADMINISTRATIVE ACTION: 1. September 17, 2001 - Distribution of Request for Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms (47 local and 89 out-of-town). 2. October 22, 2001 - Addendum No. 1 to the Request For Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms (47 local and 89 out-of-town). FUTURE COUNCIL ACTION: 1. NE Amendments for future design/construction services; and 2. Construction contracts to complete production facility as required. PROJECT DESCRIPTION: The City of Corpus Christi, via City Council action on December 17, 2002, retained the Carollo Engineers team to prepare a Feasibility Analysis and Siting Plan for a proposed desalination facility to be located on Padre or Mustang Islands (Project No. 8423). The objectives of the project were to: · Improve the reliability of water supplies to Padre and Mustang Islands, by resolving service pressure problems in the short term; · Demonstrate the viability of treating either brackish groundwater or Gulf of Mexico water as a new supply source in order to supplement existing water service to North Padre and Mustang Islands · Allow possible deferments of other water supply projects for this service area; · Meet the City's schedule for reliability improvements by the end of 2005; and · Provide cost-effective solutions while meeting the project schedule. EXHIBIT "A" Page 1 of 3 To accomplish these goals, the Padre Island Desalination Project is being executed in three phases: Assessment Phase (currently underway). The assessment phase includes assessment of technical, regulatory, and other issues associated with the project, and will include preliminary recommendations regarding project configuration, preliminary construction cost estimates, etc. This portion of the work will be complete by June 2003. Demonstration Phase (Not authorized). The demonstration phase includes design and construction of a demonstration project following concurrence and acceptance of the findings and recommendations of the Assessment Phase. The demonstration phase is anticipated to include a reverse osmosis (RO) plant, recommended storage, and connection to the City's water distribution system. The demonstration phase will provide the City and regulatory agencies with initial operating information and will achieve the near-term project objective of resolving water pressure issues in the service area. Full Production Phase (Not Authorized). Following completion of the demonstration phase of the project, design and construction of planned larger capacity facilities will be undertaken to meet the future needs of the service area. In order to improve the water supply to Padre and Mustang Islands by the end of 2005, the project needs to proceed into the demonstration phase as eady as possible. To realize this goal, the Assessment Phase will proceed simultaneously in parallel paths including: · Hydrogeology Assessment; · Treatability Assessment; · Reverse Osmosis (RO); · By-Product Disposal Assessment; · Facilities Siting Assessment; · Storage Alternatives Assessment; · Regulatory and Permitting Assessment; and · Public Involvement Activities This podion of the work is scheduled to be complete by June 2003. Regulatory agency approval will be essential to the timing of this Project. Dividing this project into the three stages of Preliminary Assessment, Demonstration Project, and Full Production Project is in direct response to gaining regulatory acceptance while still improving water service to the Islands. The planned staging and phasing will maximize project feasibility evaluation, while minimizing expense. EXHIBIT "A" Page 2 of 3 PROJECT DELIVERABLES: This project will include the development of a Final Report of the Engineering and Permitting Assessment, detailing the steps required for the permitting, treatment selection, and storage options to provide additional water resources for Padre and Mustang Islands. Regular updates will be provided to Council on a quarterly basis throughout the Project. The final Assessment results and recommendations are scheduled to be presented to Council in the June 2003 timeframe. Upon completion and approval of the Assessment Phase findings, the NE consultant will proceed to Stage I of Phase 2, to complete design, bid and construction documents for the Demonstration Project. Completion target date for the Demonstration Project is December 2005. At that time, deliverables for the project will include: · Production of Drinking-QualityWater; · Reverse Osmosis Pilot Plant; · Demonstration Storage Alternatives; and, · Connection to the distribution system. Upon approval of the Demonstration Phase, the next step of the Project will be the design and construction of the Full Production Project anticipated to be complete by December 2006. EXHIBIT "A" Page 3 of 3 Padre Island Desalination Project Feasibility Analysis and Siting Plan (Project No. 8423) Exhibit "B" - Project Status Briefing This document serves as a supplement to the Apd122, 2003 City Council Briefing, and presents an update on the status of the ongoing Padre Island Desalination Project Engineering and Permitting Assessment. An updated project schedule is attached as Exhibit "C". The final Assessment Phase results and recommendations are scheduled for presentation to Council in the June 2003 timeframe. The Carolio Engineers Team is approximately 60 percent complete with the Assessment Phase. Internal drafts of the treatability, regulatory, concentrate disposal, hydrogeology, alternative storage, public involvement, and alternative assessment chapters have been prepared and are under review by the project team. The following sections provide a summary of the preliminary findings and recommendations. HYDROGEOLOGY AND SOURCE WATER OPTIONS: · The Team has a better understanding of the hydrogeology of the Gulf Coast aquifer system underlying North Padre Island, particularly the Evangeline and the Chicot Aquifers. · Development of the Evangeline and the Chicot aquifers as new sources for drinking water production appears feasible. · Subsidence may be an issue unless extraction facilities are properly designed and sited. · Chicot Aquifer (Approximate depth of 40-1200 ft): o Total Dissolved Solids (TDS) are within the anticipated range of salinity. o TDS values are such that Reverse Osmosis is the appropriate treatment technology. Preliminary analyses indicate that costs for a conventional vertical well field designed to mitigate potential subsidence concerns, with the requisite production capacity may approach $15,000,000. Extraction of brackish water from the Chicot aquifer using vertical wells does not appear feasible, considering land requirements, siting difficulties and cost. Horizontal directionaliy-drilled (HDD) wells may be feasible as a means to reduce potential subsidence-related issues, at possibly reduced costs compared with vertical wells. Further evaluation is recommended to verify that HDD wells are technically feasible and cost effective. EXHIBIT "B" Page 1 of 5 · Evan.qe ne Aquifer (Approximate depth of 1200-3400 ft): o Total Dissolved Solids (TDS) are higher than the anticipated range of salinity. o While the TDS range is still appropriate for treatment by Re, treatment costs will be higher. Preliminary analyses indicate that costs for a conventional vertical well field designed to mitigate potential subsidence concerns with the requisite production capacity may approach $22,000,000. Extraction of brackish water from the Evangeline aquifer using vertical wells does net appear feasible, considering land requirements, siting difficulties and cost. o Because of the Evangeline aquifer's geology and depth, HDD well technology is not feasible for this application. Gulf of Mexico: Considering that the TDS levels of the Evangeline aquifer approach the salinity level of seawater, the Gulf of Mexico was evaluated as an alternative water source. Beach wells (either horizontal or vertical configuration) or open intakes both appear feasible for delivering Gulf of Mexico water to the proposed Re facility. Direct intakes, while technically feasible, are likely more costly compared with beach wells. Open intakes are also environmentally problematic. Cost for an intake system of shallow vertical beach wells would approach $7 million, including feed water transmission piping. HDD wells appear feasible in this application, and may offer some cost advantages over shallow vertical beach wells. The primary advantage of HDD wells is that fewer wells are required and these wells can likely be sited closer to the Re plant, decreasing the cost of feed water transmission piping. Collector wells (another horizontal type of well) are also feasible in this application, but have not been evaluated in detail for this assessment. If seawater Re appears to be the most favorable project, we recommend that a collector well alternative be evaluated as the project moves forward. EXHIBIT "B" Page 2 of 5 REVERSE OSMOSIS (RO) TREATABILITY: · The shallow Chicot Aquifer is the preferred raw water source, as water from the Chicot is of better quality (lower dissolved solids) than the Evangeline Aquifer. · The deeper and more saline Evangeline Aquifer will require cooling to increase RO performance. Seawater from the Gulf of Mexico is treatable using available RO technology. Cost for treatment of Gulf seawater is similar in cost to the Evangeline, but at increased cost compared to water from the Chicot. BY-PRODUCT DISPOSAL: Disposal via deep well injection (3,500 to greater than 6,000 ft) or via outfall to Gulf of Mexico (2 to 3 miles offshore) appear to be technically feasible. Work is ongoing to determine which of these two alternatives is more economical. · While technically feasible, by-product disposal via thermal processes or freeze concentration appears to be cost-prohibitive compared with deep well injection or ocean ouffall. · Evaporation ponds, while also technically feasible, require very large land areas, and are likely infeasible from siting and land availability standpoints. · Disposal to the Laguna Madre or to Corpus Chdsti Bay is technically feasible but environmentally problematic. REGULATORY AND PERMITTING ASSESSMENT: · A properly designed and operated facility can be permitted. · Project permitting, because of the RO by-product disposal, will likely require 13-15 months for completion, assuming no major opposition. STORAGE AS A SYSTEM OPTIMIZER: Aquifer Storage and Recovery (ASR) is a technology used to store treated water in underlying aquifers for future use. It is a storage method included in the Texas regional water plans and is used in many other states as well as Texas. ASR appears technically feasible based on preliminary hydrogeologic analysis, and could be used to cost-effectively address the water needs of the North Padre and Mustang Islands service area. ASR could reduce the initial design capacity and investment in RO facilities or other improvements. Use of ASR could reduce the size of RO facilities by half and still meet peak demand. EXHIBIT "B" Page 3 of 5 · It is recommended that ASR test wells be implemented for further local evaluation of the ASR concept. FACILITY SITING/TRANSMISSION SYSTEM ASSESSMENT: · Preliminary investigations indicate that further modifications to the existing booster pumping station may provide additional near-term improvements to the water system. · Six locations have been identified as potential sites for the desalination facility. These sites include (in no particular order): In the vicinity of the Nueces County Water Control and Improvement District No.4 Pumping Station and Mustang Island State Park, The Padre Island Pumping Station, In the vicinity of the Nueces County Packery Channel Park, City lease Texas General Land Office (TGLO) land north of Packery Channel, In the vicinity of the Nueces County Park No.1 at Bob Hall Pier, and Whitecap wastewater treatment plant (WWTP) · The sites at Whitecap WWTP and Bob Hall Pier have been eliminated. · Transmission system configurations are currently being developed considering the identified potential facilities sites and alternative feed water sources. PUBLIC INVOLVEMENT: Interviews have been conducted with more than 20 community members and groups. Some of the comments expressed to date include: · Water availability for growth and sufficient pressure · Effects of new facilities on groundwater depletion · Potential to increase salinity of existing private wells · By-product disposal and its potential impacts · Subsidence resulting from groundwater extraction · Project cost as compared to other alternatives · Siting of the new facilities with regard to the environment, property values, quality of life, and aesthetics · Concerns regarding the feasibility of ASR EXHIBIT "B" ] Page 4 of 5 PROJECT FUNDING AND DELIVERY: Carollo has preliminarily identified potential funding sources and is proceeding with assembling this information for inclusion into the Final Report of the Engineering and Permitting Assessment. Carollo has preliminarily identified potential alternative project delivery approaches, including several public-private partnerships. Some of these approaches may need review by legal counsel to determine whether these approaches are legally feasible. Carollo has provided a preliminary overview of these alternative project delivery approaches to the City for review by the City's legal counsel. EXHIBIT "B" Page 5 of 5 I �&- I � reaswility Anavp' Y :i�r"r:"-r-r' r, r7 rrr, r-rrr 'AN - In Association with: ASR Systems, Inc. LBG-Guyton Associates ' Smith, Russo, and Mercer '{ °"" °'""° Olivarri & Associates Shiner Moseley and Associates, Inc. Project objectives ♦ Improve reliability of water supplies to Padre and Mustang Islands ♦ Provide additional capacity to the Islands ♦ Provide cost-effective solutions ♦ Meet City's schedule for improvements 141 Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Agenda ♦ Review of status on task -by -task basis ♦ Discussion of project components ♦ Identify potential issues ♦ Work remaining ♦ Review project schedule ♦ Questions Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Tasks ♦ Hydrogeology and Source Water Options ♦ Reverse Osmosis (RO) Treatability ♦ By -Product Disposal ♦ Regulatory and Permitting Assessment ♦ Storage as a System Optimizer ♦ Facilities Siting ♦ Transmission System Assessment ♦ Public Involvement ♦ Project Funding and Delivery Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Hydrogeology and Source Water Options ♦ Evaluated source water qualities and quantities — Chicot Aquifer (40-1,200 ft) • Shallow brackish water aquifer — Evangeline Aquifer (1,200-3,400 ft) • Deeper, more saline aquifer with elevated temperature — Gulf of Mexico • Highest salinity ♦ All 3 sources can sustain RO production rates up to 5 MGD Padre Island Feasibility Analysis and Siting Plan -W^R Presentation to the City Council April 22, 2003 Groundwater Extraction Alternatives ♦ Identified preliminary well field options to provide adequate supply and limit subsidence 141 Conventional Vertical Wells Used for Evangeline Aquifer Horizontal Wells More economical than vertical wells for Chicot Aquifer Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Seawater Intake Alternatives ♦ Beach Wells - Conventional shallow vertical wells - HDD or Collector -type wells ♦ Direct Intake $1 Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 RO Treatability and Process Alternatives ♦ With the available data, RO will treat all 3 sources ♦ Chicot Aquifer: - Highest recovery with smallest facility footprint ♦ Evangeline Aquifer: - Lower recovery and larger facility footprint - Requires cooling pretreatment ♦ Gulf Seawater: - Largest facility but similar cost and recovery to Evangeline - Requires antimicrobial pretreatment Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 By=Product Disposal Alternatives ♦ A challenging aspect of the project ♦ Preferred Methods: — Ocean Outfall (2 - 3 miles offshore) — Deep Well Injection (3,500 to more than 5,000 ft deep) ♦ Other Considered Methods: — Thermal Distillation — Freeze Concentration — Evaporation Ponds ♦ Issues It: — Working with local experts to avoid impacts on wildlife and wetlands — Permitting lead time (13-15 mo.) Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Regulatory and Permitting Assessment ♦ Identified and met with key regulatory agencies and environmental experts ♦ A properly designed, constructed, and operated facility can be permitted. ♦ Assembled regulatory packet with all necessary permit applications ♦ Permitting schedule: 13-15 months probable ♦ Permitting process is dependent on site location and final design of system components Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Storage as a System Optimizer ♦ Store treated water during times of low demand, generating a "bubble" within existing aquifer ♦ Appears locally feasible based on hydrogeologic evaluation and has been used successfully elsewhere ♦ Could reduce initial design capacity of RO facilities by half, and still meet peak demands ♦ Next Steps: - Develop test holes to define local hydrogeology - Construction and testing of one or more ASR wells - Development of buffer zone within first well Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 0 Application Facilities Siting ♦ Evaluated potential04' facility sites on Padre r _ and Mustang Islands ♦ Final site selection determined by: - Environmental issues - Existing distribution system - Land availability and cost - Public acceptance :r;â–º Padre Island Feasibility Analysis and Siting Plan W^,ER Presentation to the City Council April 22, 2003 ! 7..Faci i Padre I Pumpir County 1 p" Q P- ak J Padre Island Pumping Station �011'Well br Vialer test r r S PWAransasrUnpligStal t It Nueces County Packery Channel Park 8 :F4: Parl Aransas Ptopng slat In the vicinity " of NCWCD #4 y•,� Pumping :. yo Station and Mustang Island State :A Park aRAU a a _ • • ' � KF�1• Whitecap WWTP 4 City -leased General Land Office Parcel _.� Padre Island Beach / Bob Hall Pier 011'Well hr Mler Tesl �y r r Finished water Transmission Alternatives ♦ Developed preliminary model of the existing distribution system ♦ Ongoing additional modeling to refine transmission system considering well and facility site locations ♦ Final transmission system will depend on feed 7i6 water source and facility siting Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Public Involvement ♦ Completed initial interviews with more than 20 community members and groups ♦ Key Issues thus far include: — Distinguishing between Padre Island and State Projects — Property and environmental / siting / quality of life impacts — Water availability for growth and pressure — Project cost — Groundwater availability and impact on groundwater supply ♦ Upcoming Work: — Meet with business owners association — One or two public forums — Continue to develop a long-term public outreach plan Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Funding and Project Delivery Alternatives ♦ Funding Investigation: — Grants and "in-kind" opportunities — USBR opportunities for demonstration project — Potential research funding ♦ Project Delivery: — Traditional Design -Bid -Build — Design -Build • Promotes fast-track schedule — Public -Private Partnerships ♦ Implementation: A — Phased, incremental execution to meet demand Padre Island Feasibility Analysis and Siting Plan Presentation to the City Council April 22, 2003 Project Schedule ♦ Finalize preliminary assessment and deliver recommendations to council - June 24, 2003 ♦ Begin demonstration phase - July, 2003 ♦ Demonstration phase complete and initial production - December, 2005 ♦ Project completion and full production - December, 2006 Padre Island Feasibility Analysis and Siting Plan -W^,ER Presentation to the City Council April 22, 2003 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 22, 2203 AGENDA ITEM: (Caption as it should appear on the agenda) Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi a collective bargaining agreement with the Corpus Christi Police Officers Association effective May 1, 2003 thru July 31, 2006, as negotiated by City and association representatives. ISSUE: The current collective bargaining agreement between the City of Corpus Christi and the Corpus Police Officers' Association expired in August 2002. A tentative agreement has been reached by the parties. The Council must pass a motion authorizing the City Manager to execute an agreement with the Association. REQUIRED COUNCIL ACTION: Approval of a motion authorizing the City Manager to execute an agreement with the Police Officers Association. PREVIOUS COUNCIL ACTION: Council has authorized the execution of collective bargaining agreements with the representatives of the police bargaining units since the citizens of Corpus Christi adopted Chapter 174 of the Local Government Code (formerly Article 5154c-lof Vemon's Annotated Civil Statutes) in the 1970's. FUNDING: Funding is available in General Fund Reserve for Salary Adjustment and Crime Control Police Officer Costs Org No. 11711 for this fiscal year. CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve the motion authorizing the City Manager to execute a four-year collective bargaining agreement with the Police Officers' Association. City Manager Update on Police Negotiations The City and Police Officers Association have reached a tentative agreement for a four-year contract. The police union is currently planning an election on ratification. If successfully ratified the contract will be brought to Council for approval. The City has agreed to a monetary settlement of the following: 1. 3% across the board raise effective 11/02 with changes to the Captain and senior officer ranges that will make the monetary difference less between the minimum and maximum of the ranges. 2. 2 V,% across the board effective 8/1/03 3. 2 V,% across the beard effective 8/1/04 and a 5% step addition at 60 months for senior officers and lieutenants with advanced certifications or educations degrees. 4. 5% step addition at 120 months for senior officers and lieutenants with advanced certifications and degrees effective 6/05. 5. 2 V,~% across the board effective 8/1/05. 6. Effective 1/1/05, an increase in the contribution to TMRS of 6% of wages with an actuarialiy determined two to one match and an annual increase to retiree annuities from 50% to 70% of the cost of living percentage increase. 7. Effective 11/2002, an increase in field tra/ning officer pay from $175 per month to $200 per month. 8. Change in the method of calculation for the first 90 days of sick leave pay at ret/rement from base pay plus longevity to base pay plus all add pays. Other changes include: 1. The City formoliTes past practice in allowing the negotiating team time off to prepare for negotiations. 2. The City agrees to allow officers the discretion to use vacation time for suspensions of three days or less if the officers choose not to appeal. This is an incentive to avoid appeals and arbitrations over minor disciplinary matters. City also agrees to remove said suspension from the file and not use the suspension against the officer after 24 months. 3. Police officers must exhaust all administrative remedies before filing a Whisfleblowers Lawsuit. This preserves the benefit of the amended statutory provisions for risk assessment and management purposes. 4. Reduction of the work week from 41.25 hours to 40 hours resulting in brief'mg occurring during regular shift t/me. This improves the City's position in the future as to state and federal law overtime claims. 5. Association agrees that the City is entitled to credits under FLSA for payments made/n overtime over and above the FLSA requirements.. This improves the City's position in the future as to state and federal law overt/me cia/ms. 6. Association agrees that overtime pay will be based on base pay and longevity. This is the primary remaining claim in the pending police overtime pay case. 7. Personal leave days increased to forty hours. 8. Vacation accruals increased to match new civilian accruals. 9. Bereavement days added to match ci 'vflian leave. 10. Funeral benefit of $8,000 added for police officers who lose their lives in the line of duty due to on the job injury. 11. Limits the interchangeable use of Police officers and Senior Police Officers (consistent with current practice). 12. Requires the chief to adopt a transfer policy. This is also consistent with current practice. The Chief agrees to meet with any officer not selected, but the agreement does not make this an Association issue. 13. Increases the number of months in rank a police officer must serve before being eligible to take the senior officer exam. 14. Sets new educational requirements for superv/s'mg ranks. 15. Provides a narrow Association privilege during internal investigations, consistent w/th pr/or decisions in similar cases. 16. Requires reopener to negotiate overtime rate if the FLSA lawsuit is lost by the City. 17. Allows for reopener on health insurance after the third year. THE STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT ARTICLE I - PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the '"City"; and the Corpus Christi Police Officers' Association, hereafter referred to as the '"Association.'" The purpose of this agreement is the promotion of harmonious relations between the City and the Assoclaflon; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE II - DEFINITIONS "Accredited colleae or university" means a colleae or unlversltv whose accreditation is approved bv the Texas Hlaher Education Coordinafln.q Board. ,,' ""Association'" means the Corpus Christi Police Officers" Association. "Calendar days" means any day lncludlng weekends and holidays. When the agreement specifies 365-days, 366-days will be used during a Leap Year. "C.A.P.F.U.D.T.P." College of American Pathologist Forensic, Urine, Drug Testing Program. "Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX. REV.CIV. STAT. ANN. Art. 1269m (codified 1987). "Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly Article 51,54c-I of Vernon's Annotated Civil Statutes. '"Chief'" means the Chlef of Police of the City of Corpus Christi. ""City Manager'' means the City Manager of the City of Corpus Christi. '"City'" means the City of Corpus Christi. "Commission" means the Firefighters" and Police Officers' Civil Service Commission of the City of Corpus Christi as set forth in Chapter 143, Local Government Code. "Emergency"' is defined as any unexpected happening or event or unforeseen situation or crlsls that calls for Immediate action and requires alteration of schedules, work hours, shifts and/or personnel assignments. The Chief may declare an emergency pursuant to this definition. "Employee" means any sworn police officer of the City with the exception of the Chief of Police. "'Executive Board" means those members of the Association duly elected or selected as officers and directors of that organization. "Gender.'" Reference to the male gender throughout this Agreement shall hove equal force and include reference to the female gender. 6 "Grievance" means any and all disputes arising under the Grievance Procedure In Article VIII. "Member"' means any employee who is on the membership list of and pays dues to the Association. "MRO." Medical Review Officer. "Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer. "Probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi Police Academy, and ends 365-calendar days from that date. "S.A.M.H.S.A." Substance Abuse Management Health Safety Assoclation. "Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus Christi Police Academy. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns'", "sickouts"", and the intentional failure to make arrests), fo~ the purpose of Inducing, influencing or coercing a change In the conditions, compensation, rights, privileges, or obligations of employment. "Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned supervisory duties by ranking officers having authority to make such assignments. "Work hour or working hour" means any hour an employee is scheduled to be on duty regardless of whether on a weekend or holiday. "Work days or working day" means business days excluding weekends and holidays. ARTICLE III - ASSOCIATION RIGHTS A. Association Recoanition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Sr. Police Officers, Lieutenants, Captains, Commanders, and Assistant Chiefs. B. Payroll Deduction of Dues. 1. The Association shall supply the City with all necessary papers and information for payroll deduction of Association dues and assessments. The City shall not authorize payroll deductions for membership dues to any other employee organization whlch Is qualified to be a collective bargaining agent for police officers. 2. The City agrees to deduct dues upon receipt fTom the Association of a "Dues Deduction"" card voluntarily and individually authorized, signed and dated by each member of the Association. Such dues will be established by the Executive Board in accordance with the bylaws of the Association. This authorization shall remain in full force and effect for the term of this agreement or until termination by the employee. Such "Dues Deduction" card Is found In Appendix "A" and Is Incorporated by reference Into this agreement. The City shall begin such deductions on the following pay period after recelpt of the "Dues Deduction"' card. 3. The City agrees to deduct speclal assessments from all employees that are members of the Association upon receipt of official notification from the President of the Association indicating that said special assessment has been approved and ratified by a majority vote of the Assock~.'-~-~_ _-_;L_.;_ _ __ "~-. :~'~ ~ ~ * ..... '--:~--~ ;=_~ -- ,¥. dalla¥.the administrative costs to the City for such assessments in the amount of $50.00 per month to be invoiced by the CIty oft a monthly basis during the period of m...A**~I~,JI ........ ~*~.~l~l~ special assessment. ~ ................. ~, .................... ............"'~"~' ............ ho ~..~. ....... ~ ..~ ........ ~,~t ......... ,, ...~.~.. ~r~ ...,.t~..t~..~.. ~f :ald es~el~o] The Cltv is not resoonslble for the administration and orocedc~-e~ Assoclation In collectlna, disfrlbuflna of return of any assessment monies. The foliowlna lanauaae Is for clarification only and is not sublect to the arievance orocedufe: The assessment ballot shall state the tvc~e of assessment, the amount of the assessment, the deslanated period of the assessment, and date and manner of the reimbursement. If any. The reimbursement of all unused assessmerlt fund~ ~halt be dl$~buted eaualN wlthln 30-calendar days of termination of the pro|ect as defined In the ~essment ballot. For ex, mole. "the members shall be assessed $10,00 collective bar.galnlng ne.qotidtions and reimbursement of oil unused assessment funds shall be distributed eclu~llv within 30-calendar days of execution of a new aareement." 4. At any time a member of the Association desires to withdraw his membership, he may voluntarily and individually do so. Such action will be Initiated through a 'Termination of Dues Deduction'" card voluntarily and Individually signed by the member of the Association and furnished to the City. The Association, pursuant to its constitution and by-laws, may suspend a member temporarily or permanently. Such action will be Initiated through a "Termination of Dues Deduction" card signed by the president of the Association and furnished to the City. Such ''Termination of Dues Deduction"' card Is found in Appendix "C'" and is incorporated by reference into this agreement. The City shall terminate deduction of dues on the following pay period after receipt of the ""termination of Dues Deduction"' card. 5. The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member"s paycheck and will not be liable for damages to the Association, any Individual employee, or other persons for fallure to deduct any authorized sum for any reason. 6. The City shall continue its practice of providing the Association with the print-out of current dues deductions. 7. Thee C.4ty st~lt pm~4~le ~ tim ~necka'fc~ an uixlatee[ cap¥ at the P,~,~ cllr~-..tc~ auarteriv [~-: tho;'Mi ~ ..... ~1.1 .IJ--J~+A~ _""'~, ._ '... ~ _ _'~ _,~"' *~'".,,_ '"'~"]~,.,. The Assoclatlon agrees to use the dlrec--~ for onJF~Assoclaflon activities and agrees to hold the City harmless. ~/ C. Time Off for Association Business. 1. Subject to prior notification to the Chief or the next highest ranking officer, the Executive Board, or its deslgnees, shall have the right to visit the premises of the Police Department for purposes of administering this agreement. For a period of time not to exceed 2.5 hours, the Association shall have the exclusive right to make a presentation to cadets at each academy class on the benefits provided by the association, the benefits and rights under the collective bargaining contract, and the rights of police officers under state and federal IQW. The visits and presentations shall be conducted In a manner and at a time as not to interfere with the functions of the department and approved by the Chlef. Such approval shall not be unreasonably withheld. 2. On each January 1, each member of the Association shall contribute accumulated sick leave hours to a pool to be known as the '"Association President'* pool In an amount determined by the City and Association to be sufficient each year to fund the pool. This pool shall be used to compensate the Assoclation President during his term of office in accordance with this paragraph. During his entire term of office, the Association Presldent shall be relieved of duty with pay to perform Association duties. The Association President's base salary shall be offset by the hours in such pool. The City shall continue to pay all benefits and additional pay which the Association President is entitled to receive. The period during whlch the Association President is relieved of duty under this provision shall not constitute a break in service. In the event of an emergency, the Chief may order the Association President to report for duty os assigned by the Chief during the emergency situation. If the Association President elects to return to duty for the remainder of his term of office, he shall give the Chief 60-calendar days advance written notice of the date he shall return to duty. If the Association President occupies a supervisory position, the Chief may temporarily appoint to such position the next person on the appropriate promotional eligibility list to serve In an acting capacity during the Association Prestdent"s term of office. If there is no eligibility list for such position, the Chlef may appalnt a person from the rank Immediately below to work out-of-class during such period. In the event of the Incapacity of the Association President far a period in excess of 2 weeks fer illness or Injury, at the option of the President, the President may elect to discontinue use of the Association President's pool and utilize sick leave. This shall be effective upon 2 weeks written notification In advance that the Association Vice President shall be assuming the duties of the President. The Association Vice President upon assuming the duties of the President shall be eligible to use the pool hours during the absence of the President. In no event shall 2 Association officers be ellglble to draw pool hours from the Association President's pool at the same time or covering the same period of time. In the event of the death of the Association President er incapacity during which the Association President is unable to communicate, the Association Vice President shall provide written notice of the intent to utilize the Association President's pool hours under this provision. 3. With 5-days written notice to the Chie~ of Pollre~ ~ c~ with pay will be allowed fOr officers who participate on the Assoclation"s negotiating team on days that the team Is Dreoarina for neaotiotions and while contract negotiations are In session. If the team member is on their regular day off, the employee is entitled to another day off with pay. The total number of persons participating on each of the negotiating teams shall be equal, but no less than three. Prel3araflon time shall be limited to that reasonably necessary not to exceed one work day for e<;Ich sc~i~u'0T~"d day of baraainlna, v~ 4. Members of the Executive Board and trustees of the Association Health and Benefit Trust may receive time off, without loss of pay, to attend regularly scheduled Association meetings, trust meetings, and Executive Board meetings. The Chief may, at his discretion, grant said time off, subject to scheduling and manpower contingencies that may arise. 5. A pool of 112-hours shall be available during each year of this contract for time off with pay for Association delegates and trustees to attend conventions or semlnars held In connection with Association and trust activities, provided that sald time off with pay shall not exceed a total of 112-hours each contract year regardless of the number of delegates elected to attend such functions. Additional expenses for travel, lodging, etc. are not included. 6. Except for a person who holds the position of President of the Association and has elected to be relieved of duty to perform Association duties, no Captain shall be serve as representatlve for an employee on a grievance, serve on the Association Grievance Committee, or serve on the Association negotiating team. D. Bulletin Boards. The Association may provide and maintain a bulletin board on any premise of the Police Department at its own expense. The City will not authorize the posting of bulletin boards on any premise of the Police Department by any other employee organization which is qualified to be a collective bargaining agent for police officers. The bulletin board shall be consistent in design and standards to other bulletin boards in the Pollce Station for posting of routine announcements of meetings, Association business, recreational functions, legislative enactments and judicial decisions. The use of the bulletin board for the postings of partisan political material, editorial comments and viewpoints of employees In any manner which would be In opposition to existing police working conditions shall not be allowed. Any material on the bulletin board which the City alleges to be In violation of this agreement shall be promptly removed by the Association. The matter will then be Immediately referred to Step "4" of the grievance procedure for resolution. The Association shall be allowed to utilize the Police Department email system Inot the City-wide Groupwise system) to disseminate bulletin board information under the same rules and regulations adopted for bulletin boards and in accordance with the procedures spelled out below. The Association President or his designee shall submit the proposed email in writing to the Chief. The Chief shall approve or disapprove of the proposed email within 3 business days of receipt from the Association. The Chief shall notify the Association of his decision In writing. In the event the Chief denies the request, the Association shall have 3 business days from receipt of the Chief's decision to appeal that decision to the City Manager. The City Manager shall either affirm or overrule the decision of the Chief within 3 business days of receipt of an appeal from the Association. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. It is the intention of this provision to allow the Association to provide information lo officers only. Nothing herein shall be construed to permit or sanction two way communication between officers and the Assoclation using this method. Unauthorized use of the email system in response to Association emails sent under this provision shall be subject to departmental policy. ARTICLE IV - ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: 1. Restrain or coerce any employee In the exercise of any rights granted under this agreement; 2. Cause or attempt to cause an employee to discriminate agalnst another employee because of the employee's membership or non-membership In any employee organization, or attempt to cause the City to violate any rights of the employee; 3. Discriminate against any employee because he has signed or filed an affidavit, petition or complaint, or given any information or testimony alleging violation of this agreement; 4. Dlscrlmlnate agalnst any employee covered by this agreement because of race, sex, creed, color, age, national origin, affiliation, association er non-association; or discriminate In the application or interpretation of the provisions of this agreement; 5. Discriminate agalnst any employee who has filed a grievance pursuant to Article VIII of this agreement: 6. Initiate, authorize, aid, or participate in any strike, picketing, or dbtrlbutlon relating to the employee's employment or the employment of any other person by the City or any other employee; or refuse to cross any picket Ilne by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act", Chapter 174, Local Government Code. C. Any changes In wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the City to compensate, remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. This provision shall not unfavorably affect employees as to any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees after the effective date of this agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees shall not be Incorporated into this agreement; nor shall the City be required at any time to pay any share of said wages, hours, terms and conditions of employment of other benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State Legislature that p~evlously required the City to compensate, remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. ARTICLE V - MANAGEMENT RIGHTS A. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two or more departments, and to reorganize the operations within the department, or departments, and the right to lay off employees of the department. C. The City shall have exclusive authority to tTansfer any governmental operations now conducted by It to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. D. The City and the Chief shall retain all rights and authority to which, by law, they are entitled. E. It is understood by the parties that every duty connected with operations enumerated in job descriptions Is not always specifically described, and it is Intended that all such duties shall be performed by the employee. F. The City shall reserve the right to use security personnel which include, but are not limited to, such Job classifications incorporated within the Compensation and Classification Plan as Safety Security Officer, Jailer, Police Maffon, Lifeguard, School Crossing Guard, and Maintenance ti Security Man, which require ffainlng In law enforcement, safety and security duties, fire fighting skills, emergency medlcal ffeatment, water safety, and other similar related skills. Such job classification, as well as similar job classifications adopted in the future which would include public safety personnel for Padre Island, are not subject to the terms of this agreement. G. The City reserves the right to use civilians In the Police Deportment to perform duties that do not require a commissioned officer. Duties that require a commissioned officer are defined to be those duties required by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to perform duties in the Police Department that are presently being performed by civilians irrespective of any requirements of state law concerning the requirement for a police officer, it is also agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned officer, interpretation of this provision is subject to declaratory judgment action. H. The City reserves the right to use personnel from the Police Department and the Fire Department Interchangeably during natural disasters and civil disorders. I. The Chief shall have the exclusive right to: 1. Establish departmental rules and procedures; 2. Discipline or discharge for cause; 3. Determine work and overtime schedules in a manner most advantageous to the City; 4. Establish methods and processes by which work is performed; and 5. Transfer employees within the department in a manner most advantageous to the city. J. Except as provided In this agreement, the City retains the right to operate and manage its affairs in all respects. ARTICLE VI [~41] - MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee: 1. A copy of rules and regulations of the department, and 2. A true and correct copy of this agreement. B. The City shall not engage in the following practices: 1. Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement; 2. Dominate, interfere, or assist in the formation, existence or administration of any employee organization which is qualified to be a collective bargaining agent for police officers: or contribute financial support to any such organization. 3. Encourage or discourage membership in any employee organization by discrimination in hiring, tenure, training, or other terms or conditions of employment; 4. Discharge or discriminate against any employee because he has filed any affidavit, grievance, or complaint: or given any Information or testimony alleging violations of this agreement; or because he has formed, joined, or chosen to be represented by any organization; 5. Discriminate against any employee or employee group because of religion, sex, creed, color, age, national origin, association or non-association or affillatlon In an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. ARTICLE VII [~1] - DISCIPLINARY ACTION A. The Chief shall have authority to demote, temporarily suspend not to exceed 240-work hours, or terminate any employee for the causes set forth In the Rules and Regulations of the Civil Sen/ice Commission for FIretighters and Police Officers of the City. In the alternative, the Chief shall have authority to impose ""alternate disciplinary actions" in the nature of required attendance at and participation in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall be construed to allow appeals of reprimands or other disciplinary actions or alleged discipllnary actions which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the "'alternate disciplinary actions"" provided for herein, subject to the appeal provided herein. When the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator shall have no authority to consider or substitute an '"alternate disciplinary action."" B. Disciplinary action may be taken against a police officer within 180-calendar days of the discovery by the Chief of conduct by the officer which would constitute a felony or a Class A misdemeanor, and not thereafter. Provided that such limitation shall not prevent disciplinary action against a police officer based upon his conviction for any such crime notwithstanding that discovery of the conduct on which the conviction is based occurred more than 180-calendar days before the disciplinary action. Provided further that no disciplinary action may be taken for conduct on which the criminal statute of limitations has run regardless of the date of discovery. Provided, however, that nothing within this Section B shall In any way limit the time within which the Chief may take disciplinary actions under Chapter 143 and to the extent that Chapter 143 permits the Chief more time to initiate any disciplinary action it shall prevail. C. Prior to any such disciplinary action, the employee shall be given written notice of contemplated disciplinary action, stating the action or actions contemplated and the reasons therefore, and notifying the employee that he may rebut the charges to the Chief, either orally of in writing, within 10-workina days [ ], which time shall be stated in the notice. D. After the notice and opportunity for rebuttal provlded in the preceding paragraph the Chief may demote, suspend, terminate, or take alternative dlsclplinary action against an employee by personal service on the employee of a written statement of charges. If the Chief should be unable to secure personal sen/ice after due diligence, sen/ice may be made by placing it In the mail addressed to the employee's last known addreSs along with delivery of the statement to the Association, and proof of such sen/Ice shall be sufficient to support any disciplinary action. A copy of such statement, along with a copy of the notice of contemplated disciplinary action, shall be promptly flied with the Director of Human Resources of the City. The written statement shall point out the particular rule or rules alleged to have been violated by the employee and the specific act or acts alleged to be in violation. Said statement shall inform the employee that he has 10-worklng days after receipt thereof to file a written appeal with the Director of Human Resources. If alternate sen/Ice is had as provided herein, the employee shall have lO-working days from sen/ice upon the Association. To appeal from any disciplinary action imposed, the employee need only file a letter expressing his request to appeal to arbitration within such 10-working day period. Appeal from suspension, termlnatlon or demotion shall be decided by one arbitrator, selected according to this conffact, E. Upon receiving an appeal from an employee or his deslanee, the Director of Human Resources shall act Immediately to notity the Association and Chief of the appeal to arbitration. When an ernDIovee ~ ....... 1 will not be represented by the Association, advance payment of $1,000 for the arbitrator must be Included with the notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be waived upon the CIty"s acceptance of a written contract with the employee for payment of any charges which might be incurred by the officer as a result of an appeal to arbitration. The Directat' shall Immediately request a list of 7 qualified neutrals who are members of the National Academy of Arbitrators from the American Arbitration Association or other qualified agencies which may be mutually agreed upon for this purpose. Within five ~5} worklna days after receipt of the list, the Director of Human Resources shall c~)ritgct ttle ~lll~Dlovee or his designee in order for the employee or his deslanee and the City to alternately Itl~e the names on the list. and the remalnlna name shall be the arbitrator. If the parties cannot aaree as to who shall strike first, the bartles shall decide by a coin toss. ~ F. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot commence the hearing within 50-calendar days from his selection, either party may, within 2-working days of so learning, call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within one-working day of so learning, another arbitrator shall be selected from a new list of 7 names immediately requested from the American Arbitration Association, according to the procedure set out herein. The hearing shall be scheduled so that it can be completed without break, in consecutive calendar days {excluding weekends and holldaysJ. The arbitrator shall make an award within 30-calendar days of the close of evidence in standard arbitration hearings, and within 5-working days of the close of evidence In expedited arbitration hearings. Post heating briefs shall only be permitted in standard arbitration hearings, and must be mailed to the arbitrator within 7-calendar days of the close of evldence in the hearing. A stenographic franscrlptlon of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing. Should there be no agreement, the party desiring the transcript may have the transcript made at its sole expense. The award of the arbitrator shall state which particular factual charges he finds to be true, if any, and the particular rules he finds such conduct to have violated, if any. Where the charges are upheld, the award shall state whether the discipline imposed is upheld, or whether some lesser discipline Is substituted. 14 The following rules shall govern the conduct of hearings under this section, and of certain prellmlna~/matters: 1. Upon the request of either party addressed to the opposlng party at least _5 [,3J-wo~klng days prior to the date of hearing, the parties shall exchange the names of witnesses expected to be called at the hearing. Upon failure of a party to disclose such witnesses, the arbitrator may exclude their testimony. 2. The orbltrator shall have the power to subpoena witnesses, records and other evidence, yDon not less than f'n/e 151 calendar davs notice. The arbitrator shall have the Dower to sYbl;;x;te~a witnesses ~3revious~, deslanat~d b~ davs i,~#Ja~. ~trn~tfce [~-~4~ee~l], the Director of Human Resources shall issue subpoenas requested by the parties in the name of the arbitrator. A party may apply to the arblkator to quash a subpoena issued by the Director of Human Resources. Any subpoena for r~ or documents shal~ not exceed the scooe of dlscove~a~,l~w t~. and shall be served on the Department Dlrector in constructive custody of such records or documents. Nothlna heretn shall prohibit the Cllv trom seeklna common law relief In the state dlstrlat court If the arbitrator exceeds his lurlsdlcflOn In reaards to dlscoverv. 3. In all hearings under this section, the City shall prove its case by a preponderance of the evidence. 4. The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to provide the requested information within three days of the request, the request shall be deemed denied. The requesting party may then apply to the arbitrator, who shall order such discovery as appropriate to the nature of the case, subject to rules of discovery in Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as he may deem material. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within the 3-working days prior to the hearing. 5. All hearings shall be public unless requested by the appealing employee that the hearing shall be closed to the public. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. 6. Unless othem4se provided In this contract, the conduct of the hearing shall be governed by the lules of the American Arbitratlon Association. 7; No ~upe~tsor n~,~ represent; his. or her Immediate sub~dlnate In disciplinary hearings held under this Article. The Association President Is exempt [ex~efmted] from the provisions of this paragraph, v" H. The arbitrator shall have all powers vested In the Commission under Chapter 143 and the Commission Rules, with respect to suspensions, terminations, and demotions, except the power to amend such rules. I. Any notlce or statement required to be filed by the Chief of Police or the employee In a disclpllnory proceedlng under Chapter 143, under Commlssion Rules, or under this contract, shall be filed with the Director of Human Resources of the City. J. The decision of the arbitrator is final and binding on all parties. A district court may hear an appeal of an arblfrator"s award only on the grounds that the arbitrator was without jurisdiction or exceeded his jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. K. Unless otherwise provided In this contract, in cases of conflict, the provlslons of this contract will control over Chapter 143, Civil Service Commission Rules, and American Arbitration Association Rules; and Chapter 143 and Civil Service Rules promulgated pursuant to it shall control over American Arbitration Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose. L. A probationary employee may be discharged at the discretion of the Chief, without appeal to arbitration, to the Commission, or to any court, at any time during the 365-calendar day period subsequent to being commissioned as a police officer. M. Notwithstanding any other provision of thls Agreement, the Chief shall have authority to impose any dlsclpllnary action upon an employee which Is agreed to in writing by the Chief and the employee. The employee shall have no right to appeal such agreed disciplinary action, and no administrative or judicial body shall have power to review such disciplinary action or alter the terms of the agreement. N, Any deadline or time restrictions set out in this contract with respect to dlscipllnary proceedings may be modified by written agreement of the parties. However, neither party may be compelled to wane its right to insist upon the deadline and time resffictions provided by the contract. O. In addition to disciplinary powers vested in the Police Chief, the following supervisors shall have the right to suspend for cause, said suspensions not to exceed the following limits: {1) Police Commanders and Assistant Chiefs may suspend not to exceed 24-work hours without pay; and [2] Police Captains may suspend not to exceed 16-work hours without pay. Such suspensions may be appealed within 5-working days to the Chief, and further appeal shall be to arbitration, according to the procedures for disciplinan/actions by the Chief, except that no pre-suspension notice by the Chief shall be necessary, and the Chief may adopt the supervisor"s letter as his own. P. In cases of appeal from temporary suspensions, demotions, promotional passovers, and terminations, the City and the aggrieved employee shall share equally the fees and expenses of the arbitration. Where the Association represents the employee, it shall share equally the arbitration fees and expenses with the City. Ail other costs of arbitration shall be borne by the party incurring those costs. Q. All hearings which are expected to be completed in one day shall be submitted for expedited arbitration. On all other hearings, the parties may agree to request expedited arbiffatlon. R. To the extent that any provision of this Article conflicts with or changes Chapter' 143 or any other civil service statute, the statute is so amended, as authorized by Chapter 174, Local Government Code. S. Any officer temporarily suspended at the dlscretion of the Chief, may be allowed to forfeit vacation leave, holidays, or compensatory time to offset a loss in pay resulting from suspension. vall~t~l~e; holli~lvs, personal leave or c0moensat°p/ time t0 offset a loss of pa~ r~-I~ from the suspension If the officer aarees not to aDoeal the suspension. After 2~m0nth$ the City aarees not to use such un-apoealed dlsclDIIncav action in any future disciplinary case. tf the ~a~=eais a susoenslon of three d~¥s or less. the laslna ~ shall Day all the fees and ~v,~-..~- ~,~ tt~ t~rt'~ltrator. The arbitrator shall deslanate the Ioslna party for DUrDOses of thlf P~, ' '~' ",,,QV find that both oartles last In Dart and aooortlon tees and exoen.~-_-.: accordlnalv. T. Written reprimands may be issued by any supervisor to an officer without requiring prior notification. Copies of all written reprimands shall be given to the affected officer. The officer may reply, and such reply shall become a part of the officer's permanent civil servlce tile. No written reprimand shall be placed in the file without the officer's knowledge. Letters of counsellna shall become a Dart of an officer's deDartmentol tile. ARTICLE VIII - GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpase of this grievance procedure ls to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters involving the Intmpretatlon, application, or enforcement of the terms of this age.merit, shall conslffiofe~t g~ntonce ond~r~ ~s of this grievance procedure, wlth the exceDtlon of Whlsfleblower claims. Any claim of adverse action based on Whistleblower status under Article 554 of the Texas Government Code or federal law must be in accordance with the procedure us~zll~aDDIb~ab~e under this artevance procedure, and shall toffaw the process set forth-In Section E. ~ B. Association Representation. A grievance may be brought under this procedure by one or more aggrieved employees t9 the As.~;:lotlon [ ................................. ,. ............. , or by the Association itself In cases where the subject of the grievance is an on-going practice by the City which affects the bargaining unit as a whole I"Class Action"). v/ ~ ....... !~,c~., ,~! ...................... u .......... =..mplc;'cc.= ora ........ = ................ , ........................................... ~n:~t~t '//~ th~ ~h~ ~f ~mm:~d.] The aggrlev~ employee ~ employe~ [~r ~ .... '~+'~- '- ~ m'~' ~ ~-~ shall bflng ~e grievance In ~tlna to ~e ~soclaflO~ wl~In working d~ of 1~ ~cuffence; ~ If at the time the aggrlev~ employee is un.are of the grievance, within ~wor~ng d~ of aggrieved employee's knowl~ge of I~ occurrence. The ~s~ In a C~ Ac~n s~l ~na the ~ance to ~e Chief of P~I~ wlth~ d~ of I~ occu~ence: ~ If at ~e time ~e ~s~la~oe dld not know ~ shogld h~v~ kngwn of the Ii~~~e~ may. bo warve~ by mu~al agreement, In w~, by ~.~..~._,__, ct] ~e ~clation [~n ~ ~'-'-_._,. ~ .......... ] and the ap~oprlate management representative at each step. D. Steps: /t~/effi~.-~"~l~lformal Process. Prior' to formal commencement of a arlevance, employees shall seek: to Informally resolve their con~:erns throuah their Immediate supervisor or othe~ c~)ll~lsterlt with the chain of command. Grievances settled at Step 1 shall not be consldere~t a past pr~c~tice or a waiver of th~ rlabt to Pursue a similar tlmelv arlevance bv another aaarievod employee or the Association: V~ Step 2. A~oclattqrl Review, The aggrieved employee shall submit his grlevance~.~ to the Association wlthln 20-worklna days as reaulm~Lbv Section C. rt.... ...................... ~.-~.; ..................... ~ff. ~: C:..m.m=~:: :t ~t:~. !.] Any grievance not submlffed to the Association within the prescribed time limit shall not be considered timely and shall be void. Within 20 [-1Q]-werklng days 17 of receipt of the grievance, the Association shall determine whether the grievance Is valid grid notify the Co~mand~ In wrltln~i pursuant to Step 3. The Association shall judge each grievance in a fair and equitable manner and shall not discriminate agalnst employees who are not Association members. In its sole dlscretion, the Association shall determlne whether the grievance is valid or not. The Association may marliN, revise, of amend the arievance if necessary to D~o~erN olace the dispute In Issue for resolution..~Th.. ................... ~ ..................... thct Step 3. commander Eevtew, It the qrlevance is approved by the Association, the Assocl~Itlo0 shall oursue the aD~l, with of without the arleval~f, to Step 3 with tan ...._~.._~ .... ,__'-~ e..~.plcycc ~....~,,~'-~ ...... _ ~..v._..~ ....... ~, ...... ~ ............. ~ ...... ~ the Commander in the aggrieved employee's chain of command on the Grievance Form {Appendix "D"J. The written grievance at this step and at all steps therec~ter, shall contain the following Information: {1 } a statement of the grievance, settina out the soecltic provision of this aareement to be Interpreted, applied or enforced and the facts upon which It is based; (2) [thc ~,~,,,-~..~_, how~ the facts result in a violation of the agreements; (3) the remedy or adjustment sought lncludlna a clear statement of the Draper Interpretation, application or enforcement of thiS aareemen~ and {4} the signature of the aggrieved employee. Said Commander shall respond in writing to this grievance within 20-working days of its receipt. The written response at this step, and management responses at all steps thereafter, shall contain the following information: {lJ an affirmation or denial of the facts upon which the grievance is based: (2} an analysis of the alleged violation of the agreement: {3] the remedy or adjustment, if any, to be made; [4) the signature of the appropriate management representative. / The Commander shall FAX or hand-deliver a copy of the response to the Association. If the Commander does not respond within 20-working days, the grievance shall be deemed denied and the Association with or without the aggrieved employee may proceed to the next step. ~ The aggrieved employee may not be represented by a member of the department who is in the aggrieved employee's chain of command. The Association with or without the consent of the aggrieved employee may withdraw the grievance at this step. [ .................. ~'~^'~ ~*~"" 2 '~'~ .......~ ........ ~ .... '" ~"" ..... er .*he Step 4. Chief of Police Review. The Association may submit a written grievance from Step 3 [gl to the Chief within 25-wofklng days of receiving the Commander's wrilten response. The Chief shall respond in writing to this grievance within 20-working days of its receipt. If the Chief does not respond within 20-working days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the Chief 1o resolve the grievance in writing or to submit to orbiffaflon at the conclusion of Step _4 [1~] shall be the conclusion of the grievance, v" In the case of the Association submitting a Class Action grievance, the Association shall submit that grievance directly to the Chief. The Chief shall respond In writing to Class Action grievances within 40-working days of its receipt. If the Chief does not respond within 40-working days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the Chief to resolve the Class Action grievance in writing or to submit to arbitration at the conclusion of Step $ shall be the conclusion of the grievance. Step 5. Arbitration. The Association may request, within 50-working days of the denial at Step _4 I~.l, that the grievance be submitted to arbitration. ,/ 18 If arbitration is mutually elected, or required, the garfies may mutually agree to use th~ Federal Mediation and Conciliation Service IFMCSIo or any other oerson mulJmlb/a.qreeable to the gorties. If the parties cannot ii~,~l~v aaree, a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators shall be requested from the American Arbiffation Association (AAA). Within five iS) working days after receipt of the list, the Director ~J Human Resources shall contact the President of the Association or his desi.clnee In order for the Association and the City to rr,_'h~.., alternately strike the names on the list, and the remaining name shall be the arbitrator. The CiN and the Association shall alternate as to whlc, h I~arN strikes first on eo list, '; "'~" '~ ~"* '^ ~'~-, ~. ~ .... ~ .................... random b;' thc g!rcatcr cf H'~'m~ Re:a~rac:.] v~ The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his decision solely to the precise Issue submitted for arbitration, and shall have no authority to determine any other issues not directly presented In the grievance. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Association and the City. The losing party shall pay all the fees and expenses of the arbitrator. The arbitrator shall designate the losing party for purposes of this paragraph, and may find that both parties lost in part and apportion fees and expenses accordingly. E. Whistleblower Claims. The submission shall state soeclflcollv each law which is or was believed tO have been vtolated and the factual basis for the claimant's belief that such ~ violation occurred. It shall further state each "aPpropriate law enforcement authorih/" to whom or which the viol~;~ h~ been reoorte~. The ~rle~ance shall be~flle~ at Ste~ 4~ tChle~ o{ P~Ilce) and proceed throuah the steps in this process, provided however, that any person who is implicated in any of th~-ier~z~l~-~.~a~l~t,:~l:~lt~mlldlz~ll~ii~ll~i~4imll~..~,~ .t"J~Tt',,,~;. TIn~ ChIef shall deslanate an alternate step In such Instance, or if the Chief ls lmplfcate~, th~ City M;3,~u~ shall deslanate the alternate steP. / ARTICLE IX - HOURS OF WORK A. Workweek. The workweek shall consist of 40 [~] hours per 7--day work cycle [~, ....... +~+.,,~ ........... +~ ~ ~c ~ .... ~,~ ~ ..... ...... ,.-,.~ b~t':;C~,": +~.,.~ ~.~ ~..~ ~0. ,,~.. ~ ....... ,,..~· ? d~¥ ..... ..... ~ ~ ~.~]~ ..~" -~.~.~"""~1" ~'~'-~.~..,,.-.,,,.+' "Regular rate" and "re~Iular rate of DAY" as used in this aareement means base pay and Ion.qeyity only, jn accordance with historical oavroll c~actice, and does not hqve qny statutorily derived meanin.q. A meal break may be taken during the shift schedu{ed In compliance-with the rules and regulations of the department. Notwlthstandlna any other provision In this a.qreement, the City shall be entitled to Implement and auallfv for meal time credit urlder, the prov~sl0n$ .of Section 142.0015{ii of the Texas Local Government Code afld ~ C.F.R. 553.223 and 785.19. Any work required In holdover from a shift shall not be compensable unless it exceeds 15-minutes. Where 15-minutes is exceeded, all time worked in holdover from shift shall be paid at the overtime rate, calculated in 15-minute intervals. Any time in excess of any 15- minute interval shall be compensated to the next quarter hour. v/ B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular workweek. Where overtime occurs as a result of shift assignment change all employees excluding those serving at the rank of Police Commander or above, may elect to be paid straight time for the time worked or an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be made during the pay period in which the overtime was accrued. Productive time for the purposes of calculating overtime in a work week includes vacation leave, holidays, sick leave, and compensatory time, and any other authorized leave. Both parties believe that the Day and benefits under this aareement exceed the statutory minimums set by federal and state law for stral.qht and overtime Day. In any enforcement action under federal or state law, the City shalL~ · ~ /~,~;.~.~der this conffact Which exceed the statutor~ Day obliaattans; in¢ludfn~b~l~not-limifed to the foreaaTn.q "productive time" provision, irrespective of the DaY period or Day cycle when such occurred. The City shall also be entitled to the full extent at the. ~adlal~e~em~: ~Jn~e~ 29 U.S~C. 207!ki in any such~r~f~t~ action, Should any court rule or hold that the City Is not entitled to the credit provided herein, the City may reopen neaotlations duflna the term of this contract to address any issue necessary as a result of such rullna, and the dun of each Darn to baraain under Chap~t-~'~-shall apply. All employees, excluding those serving at the rank of Police Commander or Assistant Police Chief, may elect to be compensated for overtime either in cash at the rate of 1-1/2 times the employee's regular rate of pay, or in compensatory time equal to 1-I/2 times the actual hours of overtime worked for all other overtime worked. Scheduling of compensatory time shall be at the discretion of the Chief. In the event of separation in good standing, the City shall pay accrued compensatory time not to exceed 240-hours at the employee's regular rate of pay, 2O Not more than 240-hours of compensatory time may be accrued. The City shall give each employee adequate and reasonable opportunity to use the employee's compensatory time in excess of 240-hours. Overtime at the rate of 2 times the regular rate of pay will be paid for work performed on Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of 1-1/2 times the regular rate of pay will be paid for work performed on any other holiday listed in Article Xl. In an effort to minimize non-volunteer overtime for events scheduled 90-calendar days or more in advance, the Chief will have posted sign-up sheets for voluntary overtime assignments 30-calendar days prior to the event. Sign-up sheets will remain posted until one workweek prior to event. Based upon the sign-up list, non-voluntary overtime assignments will be made or reschedullng will be done by the City in order to provide the necessary on duty police services for the event. When ordered by the Chief to work during an emergency or assigned to some duty not normally attendant to their supervisory and management responsibility of their job assignment or division, Commanders shall be compensated at the rate of 1-1/2 times and may be compen- sated in cash or compensatory time, for those hours worked over and above the regular 40-hour workweek. C. Court Time and Call Back. 1. Employees while off duty who are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be compensated at the rate of 1-1/2 times the employee's regular rate of pay with the minimum compensation of 3-hours. 2. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first 8-hours of testimony for the employee"s vacation time in that workweek as well as compensated for actual hours worked at the rate of 1-1/2 times the employee"s regular pay with a minimum compensation of 2-hours. Compensation for subsequent Court testimony after the initial 8-hours shall be at the rate of the employee's regular pay. 3. Employees who are called back to duty while on vacation shall be compensated for the employee's vacation time in that workweek as well as pay with a minlmum compensation of 2-hours, except that where an emergency exists, the employee's vacation may be canceled by the Chief, whereupon said employee shall be paid at his regular rate of pay. 4. The Association and the City shall work together in the Labor-k4anagement Relations Committee in an effort to minimize unnecessary standby time. 5, Restricted on-call compensation. Off-duty employees who are ordered by the Chief to be on restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy. D. Deferred Compensation for Overtime. The City shall establish a policy under which officers who participate in either a deferred compensation plan which has been approved by the City or the Public Employee Deferred Compensation Plan or its successor shall be eligible to defer all accrued overtime In increments of one hour or more into their deferred compensation plan. The policy shall require prior designation by the employee of the election to participate for a period of at least six months. All overtime deferred under such policy shall be deposited directly to the 2! offlcef"s account In such deferred compensation plan. The City may require that the employee release and hold the City harmless for any penalties or other Ilablllty Incurred by the City as a result of allowing the employee to defer overtime compensation under this provision. ARTICLE X - SALARY AND BENEFITS A. Monthly SalaP/Schedule Effective November 1, 2002 (3%) Class Code Class Title PO8 Trainee PO7 Police Officer Starting 2,594 3,013 6-month 30-month 42-month 3~165 18~month 3~328 3,504 3,679 PO6 Senior Officer 3~865 4,054 PO5 Ueutenant 4,261 4~474 4,701 PO4 Captain 5,238 5,343 5,449 5~531 5,587 Effective August 1, 2003 (2.25%) Class Code Class rifle PO8 Trainee PO7 Police Officer Starting 2,652 3,081 6-month J 18-month 30-month 3,236 J 3~403 3,583 42-month I 3~762 PO6 Senior Officer 3,952 4,145 PO5 Ueutenant 4,357 4,575 4~807 PO4 Captain 5,356 5,463 5,572 5,655 5~713 Effective August 1, 2004 {2.25%) <New 60-month Step at 5% fo~ SPO and Lt> Class Code PO8 PO7 Class Title Trainee Police Officer Startin,q 2,712 3,150 6-month 18-month 3,309 3~480 30-month 3,664 42-month 3,847 PO6 Senior Officer 4,04 4~238 4~450 J Class Code [ Class TJtJe J Startin,g J 6-month J IS-month J 60-month J PO5 Lieutenant 4,455 4~678 4,915 5,161 PO4 Captain 5,477 5,586 5~697 5,782 5~842 Effective June 1, 2005 <new 120-month step_@ 5~,diffefentlaJ fbr SP~ & ri> IClass Code PO6 J Class Title I Starting J 18-month Senior Officer J 60-rnonth J12Gmonth 4~673 J Effective August 1,2005 [2.25%~ Class Code PO8 PO7 Class 11tie Starting Trainee 2,773 Police Officer 3t221 6-month 18-monfia 3,383 3~558 30~-nonth J42-monlh 3~934 PO6 Senior Officer 4,132 4,333 4~550 4,778 PO5 Ueutenant 4,555 4~783 J, 5,026 5,277 5,541 PO4 Captain 5,600 5,712 5~825 5~912 5~973 Qualifications: 1. Senior Officer. To aualifv for a pay step at 60-months of service as a Senior Officer, each Senior Off. er must I~ossess an Advanced Certificate from TCLEOSE or a bachelor"s dearee from an accredited colleae or universlN. To aualiN for a Day steo at. ]20-months of se~vlce as a Senior Officer. each Senior Officer must possess either a Master Peace Officers Certificate from TCLEOSF or a bachelor's de,qree from an accredited colle.qe or uhlversltv. Senior Officers who have not aC lev ~hnll I~ d~=~',,,~'~.~,~.*~~"~"~ ................ ~ - .. ' h ed the 60-month steo ....... _ Senior C~f/~ff~ hl~::~-~d~flffe'lSl~iffrror.ri $~up shalr De desEanatecfas SFO~ff'-tdestim~i~ bv a Ilaht blue eoaulet with a silver braid on the outside edgeJ. Senior Officers who have achieved the 120-month step shall be designated as sPa III Ideslclnated by a dark blue epaulet with a ac)id braid on the 0utslde ed.qe}. 2~ Lieutenant. To aualifv for a DaY step at 60-months of service as a Ueutenarit, each Lieutenant must possess a Master Peace Officer's Certificate, from TCLEOSE or bachelor,s declree from an a¢cledr~"C"elle~:~u~To-~,~nlit~;tTo~ ~,~.~t~. j~.~.~,~ ~m~/l~ ct Lieutenant. each Lieutenant must DOSSOSS a bachelor's de~ree from an accredited college or university, If a Senior Officer is promoted to Lieutenant, the employee shall be placed in the pay step that aives the emDIovee an increase in pay. ~, 3, Captain. To qualify for each movement to a new step, each Captain must 1) have served as a Captain for the months indicated, and 2) must pass a management review of his or her performance. The increase to the step for which the employee is eligible will not be made if performance Is deemed unsatisfactory. 23 An unsatisfactow performance review will be in writing. The Captain shall be allowed to answer In writing the unsatisfactory performance review and have the answer placed in his or her personnel file along wlth the Chief's review. The Chief shall complete the performance review within forty five days of the date the time in service is completed. If the Chief denies the Captain a step increase, the Captain may appeal to the City Manager in writlng withln 14 calendar days of receipt of the Chief's Performance review. The City Manager may grant or deny the step increase. If a Captain is denied a step Increase for unsatisfactory performance, he or she will be re- evaluated each six months after the date of the inltial review until he or she obtains a satisfactory review. The Chief shall conduct a performance review and may then grant the step Increase previously denied, which if granted, will not be effective prior to the date of the Chief's approval. The management review and/or associated step increases are not grievable nor arbitrable. Even though there is no requirement to do same, the City of Corpus Christi may, if sufficient funds are provided in the budget, provide for annual bonuses to be paid to Captalns, based on his or her performance. No bonuses are promised or guaranteed. B. Health Insurance and Life Premiums. The City shall provide health insurance coverage for Police Officers and their dependents In a preferred provider program called Public Safety Cltlcare (attached to and made a part of this Agreement as Appendix "E"). Co Field Trainina Officer Pay. Field Training Officer pay of $175 per month shall be granted In addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit officers. Effective November 1, ~:X)2: Reid Trainir~ Officer~halL:b~Increased. to per month. ~' D. Education InCerlfive Pay. 1. No probationary employee will be eligible for educational incentive pay until after he has successfully passed his probationary period. Specific hours obtained through participation in the Police Academy will be cansidered applicable taward educational incentive pay only after successful completion of at least one other academic course in the related field on the employee's own time. 2. Educational Incentive Pay will be $1.00 per month for each semester hour satisfactorily completed provided that such hours are applicable toward a degree. Also the following monetary caps will apply: no more than $71.00 per month will be paid without successful completion of the requirements and receipt of the Associate degree; if the employee is attending a four-year college, he may meet this requirement by filing a copy of his certified degree plan with the Director of Human Resources, noting his expressed Intent to obtain a Bachelor's Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $49.00 per month or a combined total of $120.00 24 per month. Successful completion of the requlrements and receipt of a Bachelor's Degree will qualify the employee for [= m'=,vJ.~.."-"m =.~ $125.0~-per month. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's I~egree will qualify the employee for $155.00 [~er month r~., .-.,~,~,,A,,.. ,~^ ~,~ L ............. ',- ....~--~: .~..~.-...~. for a E. Clothlnq and Equipment 1. The City shall pay 100% of the cost to provide every uniformed employee with all required initial clothing Items and equipment, excluding shoes. The City shall thereafter replace or repair all said required clothing items and equipment which are lost or damaged on the basis of 100% excluding shoes. A clothing allowance of $900.00 [ ....... , per year shall be paid to all officers who are required by order of the Chief to wear civilian clothing during their regular work assignment [r.,~.... ^ ...... ~ ! ~oo~ +~,~. ~znn~ .~.~, ~...: ....... '~ tC e?,:,~,'~,-, ^ ...... * !, ~ooo ~ .., ......... ~'"" ~ ....... *C., ....... ] Eml:)loyees shall recelv~ the clothing allowance In a separate oavmenf. Employees whose lump sum payment does not occur In August shall be paid an additional amount prorated based on the number of months remaining until their next lump sum payment is made under the new increased rate., .......... ..v~ ............... , ~,. .................................. ] The ~artles aaree that the allowances D~ovrded herein reasonabN approximate the amount of the expenses incurred ~eriodicallv bv the officers. Such payments will be made at the beginning of the contract year, or when assigned. At such time the police officer"s assignment requires that he return to a police uniform and there is a remaining portion of the 365-day period, the clothing allowance shall be prorated to the extent that it will be deducted from a future annual clothing allowance when the officer is tl'ansferred back to a duty asslgnment where civilian clothes are required. If the officer is separated from the service and a prorated clothing allowance is owed, it shall be deducted from his final pay check. For each year thereafter, the City will pay up to $900.00 [$_x00_._~3~ for replacement costs for those persons so authorized. ~, 2. A clothing allowance of $35.00 per month shall be provided to each officer of the department for the purpose of uniform and clothing cleaning and maintenance. F. Pensions. The City shall maintain the retirement program In effect. Notwithstanding any other provisions of this agreement, in the event legislation is enacted which alters, modifies, or amends the Texas Municipal Retirement System either party, upon 30-calendar days written notice to the other parly, shall have the right to reopen collective bargaining with regards to the subject(s) of such alteration(s), modificafionls), or amendment(s) within 60-calendar days of the enactment of such amendment. The provisions of Article XVI shall apply to any such reopening of collective bargaining. On or before January 1, 2001, the City agrees to adopt the Fifty Percent (50%) CPI annuity increase and to adopt the automatic renewal of that percentage. On or before August 1, 2002, the City shall adopt a twenty 120) year retirement option. On or before Januaw I, 2005, the CMv aorees to adopt the Seventy Percent 170%! (~PI ~nnully increase and adopt the automatic renewal of that oercenta~e, and the City aarees to increase the employee pension contribution rate to 6% andt~ maintain the citv'~ confflbutlon rate. G. Classifications Compensated Under the Manaaerlal Group Salary Schedule. The positions of Assistant Police Chief and Police Commander shall be compensated at salary levels set forth within the Managerial salary schedule consistent with the provisions provided for the Managerial Group under Compensation Ordinance. All increases shall be made consistent with the requirements of the Managerial Plan. Individual salary increases based on merit, performance or other, as authorized by compensation ordinance shall be permitted for these classifications, Chapter 143 notwithstanding. As to Assistant Chiefs and Commanders, all officers in the same classlficafion are not entitled to the same base salary; this provision specifically supersedes Local Government Code 143.041. H. Termination Pay. Upon termination, sick leave shall be paid to police officers according to the following schedule: (aJ Less than 4 full years of service: zero hours (b) 4 full years of service: not more than 240-hours (c) 5 full years of service: not more than 320-hours (d) 6 full years of service: not more than 400-hours (e) 7 full years of service: not more than 480-hours (fi 8 full years of service: not more than 560-hours (g) 9 full years of service: not more than 640-hours (hi 10 or more full years of service: not more than 720-hours (i} 20 or more full years of service: not more than 960-hours (j) 25 or more full years of service: not more than 1,440-hours Effective upon execution of this A.qreement, the first 720 hours of such sick leave credit shall be paid at the rate of Day determined in accordance with the statutory calculafiOl~ under Section 143.045 of the Local Government Code. The remainin~l balance, if any, sh011 be paid at the rate of DaY Includlna only base pay plus Ion.qevlty. ~' I. Lonaevitv Pay. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of 10 years of service. Thereafter, for each additional year of service, longevity pay shall be ,$4.00 per month for each year up to a maximum of 25 years of service. J. Bomb Squad Pay. Employees assigned to the bomb squad shall receive extra pay for such hazardous duty in the amount of $75.00 per month. K. Breathalyzer Certification Pay. Ail employees currently certified as breathal,/zer operators shall receive extra pay in the amount of $30.00 per month. L. Pistol C~ualification Requirement and Pay. Each officer is required to attend the firearms range for practice each month the range is open, except as otherwise provided herein. Every officer shall be required to demonstrate his proficiency by scoring af least 70 each month. "~' "'~' ....... * "~'"'~' ' "~*~' h!s ..... !s ct !east 70 ] ~ Failure to score at least 70 for three consecutive months shall be grounds for disciplinary action. Subsequent failure to score 70 shall be grounds for disciplinary action, the severity of which shall depend upon the remoteness in time from the original 3-month failure and the number of failures since that time. Provided, however, after an officer has qualified for 12 consecutive months, failure for 3 months shall be required for disciplinary action. Officers who shoot a master"s score (94-100) shall be compensated for such proficiency at the rate of $25.00 per month. This compensation shall continue so long as his score remains within that range. To receive such compensation, the officer must attend the range each month the range is open unless he has an excused absence. Officers who shoot an expert's score (89-93) shall be compensated for such proficiency at the rate of $15.00 per month. This compensation shall continue so long as his score remains within that range. To receive such compensation, the officer must attend the range each month the range is open unless he has an excused absence. If an Officer's [ ....... , shift assignment is completely outside the hours when the range ls open, or If an officer is reauired to aualiN off-duN. [w!!!_v ~- ...... .v,~v..v_~'~"~ ~.~ ~"hc~, c~ +~"~'...~.. c::'~ ,Lm.c] such officer[s] will be compensated at the rate of 2-hours overtime for each required affendance. Officers who could auallN, on duty, but chose to shoot off-duN for their own convenience shall not be compensated. Such officers will be subject to the same proficiency requirement of 70 and failure to qualify will require the officer to practice on his own time without compensation each subsequent month until he can score 70. The same compensation for master"s and expert's proficiency shall be available to these officers. ~' Excused Absences: 1. Vacation or leave of absence during the entire time the range is open for that month. 2. Illness or injury leave during the entire time the range is open for the month. 3. Failure of the City to provide time for attendance during the officer's shift for officers whose shift assignment is not completely outside the hours when the range Is open. M. Weekend Pay. Each officer who reports to work for a shift which commences between 10.'00 p,m. on Friday and 9:59 p.m. on Saturday shall receive $25.00 per month; each officer who reports to work for a shift which commences between 10.~0 p.m. on Saturday and 9:59 p.m. on Sunday shall receive $25.00 per month. N. Shift Differential Pay. Each officer who reports to work for his regularly scheduled shift which ends between 6.~0 p.m. an~ 12._~.3~ Ivltckll~l~ ~:lll~ ~'~-~ r~ per month; each officer who reports to work for his regularly sch~shl~whi~h ends bet~eer~-t~'2:01 a.m. and 8~:X) a.m. shall receive $,50.00 per month: If~ as the ~esult of a change in shift or assignment, any officer loses Weekend and/or Shift Differential Pay which he was receiving prior to such~ ch~ln~.tbe~loss of such additional pay shall not be grievable under the grievance procedure established In this contract. ~/' O. [P~] Do.q Handler Pay. Any Officer who is charged with the responsibility for and is assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions shall be compensated at the rote of $170.00 per month and one hour of overtime pay on days off, includina vacation time, sick leave, compensatory time and personal leave. The parties aaree that an accurate computation of hours of work carina for a police doa is difficult or impossible to determine and that the compensation Drovkled herein Is a fak and.reasonab_l~_ aareement conslderlnp all pertinent facts and cffc~mstance~,ff a~D~r'doa Is retired I'taken out of service by the clNI the Chief of pollce shall award the police doa to the officer If the officer so desires. The city shall have no further obllaation for the care. maintenance and support of th~ police do~l. ~ P. IQ~.] ~/VAT Team Pay. Any Officer who is selected and serves as a member of the Special Weapons and Tactics Team ISWAT] for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. ~ ~. [~] Hosta.cle Neaotlation Team PaY. Any Officer who Is selected and serves as a member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of $50.00 per month. ~ R_~. [,%..] Dive Team. Any officer who is selected and serves as a member of the Dive Team for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. ,, S_. [T~.] Badaes. Upon retirement the employee shall be permitted to keep their badge at no cost to the employee. Upon promo~itted to keep any badge they have purchased. ~* A. Holidays. 1. Each employee shall receive the following 7-holidays during each fiscal year: New Year's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Christmas Day One holiday to be determined by the City 2. Holiday time shall be added to vacation time. 3. Each of the listed holidays shall be observed on the calendar day on which it falls. 4. Any employee who for any ~eason is absent without pay on a workday immediately preceding or following a holiday or on the hollday shall not be paid for the holiday unless worked, in which case he shall be paid only at his regular rate of pay. 5. Police officers shall be credited with 8-hours if employee is assigned to an 8-hour shift or 10-hours if employee is assigned to a 10-hour shift for holiday leave with pay for each of the above holidays during the period of the calendar year the officer worked. B. Vacations. 1. Police officers shall be entitled to 120-hours vacation a year which shall accrue on the basis of 26 biweekly pay periods a year. Police officers be.qinnin,q their [w!th !5] 16th year '~'~ ...... ~ of continuous service shall begin to accrue 144 hours of vacation a year which shall accrue an the basis of 26 biweekly pay periods a year. Police officers beginning their 21`t year qf continuous service shall begin to accrue 168 hours of vacation a year which shall accrue on the basis of 26 biweekly pay periods a year. Police officers beglnnin,q their 26th year of continuous service shall beain to accrue 200 hours of vacation a veor which shall accrue on the basis of 26 biweekly pay periods a year. After 30 years of continuous service, police officers shall accrue 240 [. vv~ hours a year which shall accrue on the basis of 26 biweekly pay periods a year. For police officers scheduled to work 40-hours a week, 8 working hours per day shall be counted as used for vacation purposes, rc .... I1~-~ ~.'~l ...... I~.NJ ,I~N ,I. ...... I~ .~ 1 ~ .~,Og~ ~ ¥~.1~., 0 ~: .... I~I~.~ N 2. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with City operations. Work units shall be defined by the City. 3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid In excess of 480-hours. All employees hired on or before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the emPloyee shall not be paid for accrued hours In excess of a cap of 720-hours plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The City shall notify each employee as to what their accrued vacation leave bank was as of October 16, 1998. (For example, a cuffent employee had 500-hours of accrued leave on the books as of October 16, 1998. Upon retirement, resignation or termination the employee had 1800-hours of accrued leave. The City shall pay the employee for 1,220-hours - includes the 720-hour cap plus the 500-hours for that employee as established on October 16, 1998. If upon retirement, resignation or termination, the employee had 650-hours of accrued leave, the City shaft pay the employee only for 650-hours.) C. Personal Leave. Employees are entitled to 4C-hours of [thr~e J3)] personal leave [dcy~]. Personal leave is not accruable and will be lost if not used within the particular FY received. [~ D. Milita~/ Leave, Any permanent employee who presents official orders requiring his attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total af 120-hours In any one calendor year. Any permanent employee who leaves his position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in the same position as held at the time of induction, enlistment, or order to active Federal or State military duty or service if still physically and mentally qualified to perform the duties of such position. In order to qualify for re-employment, the employee must make written application for re-employment, within 90-calendar days after discharge or release from active Federal or State military service, to the head of the department In which he was employed prior to entering such military service. 29 E. Special Leave. 1. In addition to leaves authorized above, the Chief may authorize an employee to be absent without pay for personal reasons for periods not to exceed 240-hours, Leaves without pay in excess of 240-hours and not exceeding 365-days shall requlre approval of the City Manager. 2. The City Manager may authorize special leaves of absence with pay for any period or periods not to exceed 365-days for the following purposes: Affendance at college, university, or business school for the purpose of training in subjects relating to the work of the employee and which will benefit the employee and the City service, serving on a Jury or attending a court as a witness; and for purposes other than the above that are deemed beneficial to the City service. 3. The City Council, upon the recommendation of the City Manager, may grant leaves of absence with or without pay in excess of the limitations above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service. F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed their regular salary as provided by the state law for injuries occurring while in the course of employment. The use of accrued sick leave may be granted to any officer at the discretion of lhe Chief for job related illnesses or injuries after injury leave has been exhausted. Line of duty illness shall be defined as an illness which has been directly and substantially caused by the duties of the position, in the event the Chief denies a request pursuant to this section, the officer may appeal such denial in writing within 10 working days to the City Manager. The City Manager shall render a decision on the appeal in writing within 10 working days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. G. Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave time for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief, subject to scheduilng and manpower contingencies that may arise. Said administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work. H. Leave Buy-Back. Effective August 1, 1999, each employee may elect to sell back to the City 2-hours of vacation leave for every hour of vacation leave used during the fiscal year not to exceed 80-hours per fiscal year. Selling vacation leave hours to the City under this provision shall be in lieu of any other option to vacation days under this Agreement or any other Cily policy or practice. The City shall distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the employee. The employee shall be required to give notification of the vacation leave sell back on or before December 1 and June 1 of each year, I. Sick Leave arid Pool. Each police officer shall accumulate 120~hours of sick leave with pay per calendar year. The sick leave pool will have a maximum balance of 8,000-hours. When the total number of sick leave pool hours drop below 3,200-hours, 8-hours of sick leave with pay for each officer shall become part of the sick leave pool, until the pool reaches its 8,000-hour limit, and any remaining hours shall continue to be credited to the individual officer. If an employee 3O does not hove 8-hours of accrued slck leave, the employee shall be debited 8-hours from comoensatorv time or vacation leave days, in that order. Upon completion of probation, each officer shall have 8-hours of sick leave credited to the pool. No officer shall be eligible to draw sick leave pool hours until 8-hours of his sick leave hours is credited to the pool. The following requirements determine when sick leave pool hours may be drawn: 1. Officers with four 14) years or less service may use pool hours after 80-hours of continuous non-job related illness or injury. The first 80-hours shall be charged to the officer"s accumulated sick leave or vacation leave, or, if personal sick leave has been exhausted, to dock time. 2. All other officers may use pool hours after 80-hours of continuous non-job related illness or injury. Provided, however, in addition, before being entitled to use hours, such an officer must first use all his accumulated personal sick leave in excess of the amount payable upon termination. Pool days mav only be used for dlsabilltv, which Is defined as non-job related Injury or illness which incapacitates an officer. 3. No officer shall be permitted to use more than 1,440 pool hours for a single illness or injury. 4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article Xl (Section F) of this Agreement relating to "'Line of Duty Injury or Illness." 5. The number of hours in the pool shall be solely for the benefit of officers with extended injuries or illnesses, and such hours shall not revert to the accumulated sick leave of individual employees. 6. Pool time may only be used for disability, which is defined as a non-job related injury or illness which prevents an officer from fully performing assigned duties In all major divisions of the department. 7. Treatment for alcoholism, drua related problems and mental illness is not normally considered eliaible for the Deal. However, in a case where the employee is beln,q treated for the first time for an alcohol, drua-related problem or mental illness and Is certified by a physician or psychiatrist as reaulrina confinement in order to be treated and cured, use of the pool may be approved. Provided the employee is eli.clible time-wise, up to 40-days may be chortled against the pool in such case. Need for repeated treatments to cure alcoholism, dru.q related problems, or mental illness will not be considered as bein.ct eli.qible for the pool. J. Other Leave Time Policies. The City shall maintain all other leave time policies affecting police officers currently in effect and not otherwise altered by provisions of this contract. K. Bereavement Leave. Upon the employee's request due to the death of an immediate family member, 3 duty days of bereavement leave shall be qranted. Immediate family members shall include the emDIovee!s Darents, spouse, children, brothers, sisters, mother-in- law, father-in-law, brothers-in-law, and sister-in-laws, employee's or spouse's .qrandparents and arandchlld. L. Funeral Benefit. The City Mana.aer shall approve uP to $8,000 in documented funeral expenses for employees who lose their lives In the course and scope of employment. 3! ARTICLE Xll - PERSONNEL PRACTICES A. Interchanaeable Use of Police Officers and Senlor Police Officers. Senior Police Officers and Police Officers may be freely uflllzed Interchangeably In positions presently staffed by either classification in the various divisions with Jhe following exceptions where only Senior Police OfficerJ; may be permanently asslaned: 3. 4. 5. 6, Criminal Investigation Division Field Tralnlna Officer Division of Professional Standards Special Services Division Or,qanized Crime Unit, and Trolnlna Dlvlslon In the event of exj.clent circumstances, the Chief of Police may asslan an employee from the rank of police officer to work in orle of the SPa 0nly positions for a ~efiod not to exceed 90-calendar days durlna a calendar year. This Period maY be extended for one additional ?O-calendar day period. B. DisabillN. 1. A disability shall be defined as a physical injury or illness which prevents an officer from fully performing assigned duties in all major divisions of the Department, 2. A permanent disability shall be defined as an injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one calendar year. 3. The Chief may at any time require a medical examination to determine if an officer is permanently disabled. When it is determined that an officer Is permanently disabled, the Chief shall be entitled to termlnate or refire the officer, whichever is applicable. In the event the Chief determines, after consultation with the City Physician, that the officer is permanently unable to perform his or her job duties, he may Institute Immediate termination or retirement if applicable. An officer may call for further examination by a board of 3- physicians. One such physician shall be appointed by the City, one by the officer and the third by agreement of said physicians. The officer and the City shall pay their own appointed physicians and the parties shall share equally in the cost of the third physician. The majority finding of the 3-physicians as to whether a permanent disability exists shall be final and non-appealable. 4. Upon termination or retirement for permanent disability, the officer shall be entitled to a lump sum payment for all his accumulated personal sick leave, but shall not be entitled to use or be compensated for any pool hours. 5. Upon any employee's being absent from duty for 90-working days as a result of a single illness or injury, the Chief shall immediately require the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in accordance with the procedures in the preceding paragraph. 6. An officer who has previously been declared permanently disabled may be eligible for re-appointment to the service by the Chief upon certification by the City Physician that he or she recovered from the disability and ls able to perform full duties. Provided, however, after two years from the date of such disability the employee shall no longer be eligible for re- appointment. In the event the Chief denies a request for reappolntment pursuant to this section, 32 the officer may appeal such denial in writing within 10 working days to the City Manager, The City Manager shall render a decision on the appeal in writing within 10 working days of receipt of the appeal. The determination of the City Manager shall be final and blndlng on the parties and shall not be subject to appeal to a grievance, arbitratlon or any other body. C. Civil Service Internal Investia~ations, The Civil Service Commission shall not conduct investigations of internal affairs within the Police Department. The term "investigation"" means investigations of alleged misconduct of one or more police officers by the internal investigation unit of the Police Department. It is agreed that such Internal investigations shall be the duty and responsibility of the Chief of Police, This specific alteration of Chapter 143 is authorized by Chapter 174, Local Government Code, the Fire and Police Employees Relations Act. D. Civil Servtce Commlssion Records. All rules, opinions, directives, decisions, and orders issued by the Civll Service Commission shall be preserved in wrlflen mlnutes. Such actions need not be copied verbatim in the minutes; it shall be sufficient to accurately summar"~.e such actions, The Chairman or, in his absence, the Vice-Chairman of the Commission shall sign the minutes; the signatures of the concurring members on any action shall not be required. The Commisslon may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing, apart from the minutes. All such written records of the Commission shall be public records. E. Notice of Shift Chanae, Job Assianments and Transfers, The Chief of Police [C!.*¥] shall post the monthly shift change schedule at least 48-hours prior to the beginning of said shift change. This requirement shall not limit the Chief of Police [C!.~,~,] right to reassign employees on short notice to other shifts, based upon scheduling and manpower contingencies that may arise. Recoanlzina that shift chanaes, transfers and lob asslanments may require the assessment of a number of factors, the Chief of Police maintains the ri.qht to make all shift chan.qes, transfers arld lob asslanments in accordance with its determination of what Is in the best interest of the Department. The Chief of Police shall adopt and provide a copy of the departmental transfer i~ecedure to each employee. Except in the case of an emeraencv, or unless operational circumstances require otherwise, |oh vacancies will be brouaht to the attention of employees so that those Interested in a vocar~t position may express their interest to the supervisor who is responsible for selection. Notice of vacant ~osiflons. skills required, and process to be used to make the selection will be posted on the department bulletin boards in the form of a staff memorandum or emailed to all employees. The Chief of Police shall make a reasonable effort to as~;ure that all ell~lible employees under his command are aware of the vacancy and the process to be used to make the selection. Employees who are interested In a vacant position should contact the appropriate supervls0r in writln.q. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledae, abilities, trainina, previous exDerlence and seniority shall be amor~,g the factors considered in the policy adopted by the Chief of Police. The Chief of Police shall post the results of his decision on the filllna~ of any lob vacancy. Although not subject to the arievance procedure, should an employee feel that a mlsqpplication of this provision in reqards to shift chanaes, tTansfers or !ob asslanments has occurred, he or she may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the employee within 30 calendar days of the complaint beIFlg filed, Althouah not sublect to the arievance procedure, should the Association that there  has been a misapplication of this provision in reaards to the policy or process reaardlna shift chanaes, transfers or lob assl.clnments, the Association may file an Informational complaint with the Chief of Police. The Chief of Police shall meet personally with the Association and respond in writina to all Association Informational complaints within 30 calendar days of the complaint beln.q filed. F. Wearin.q of Uniform on Off-Duty Security Job~. An '"off-duty security job" shall be defined as off-duty employment, the primary purpose of which is to utilize, or to potentially utilize, the training and police powers of the Corpus Christi police officer. The Chief may at his discretion, require a police officer working an off-duty security job to wear a police uniform during his first year of employment. After the first year of employment, the Chief may require a police officer working an off-duty securlty job to wear a police uniform where the circumstances clearly demonstrate that by said officer's failure to wear a uniform, he would present a danger to the public, the secondary employer, and the efficiency of the Police Department. The criteria that the Chief shall consider in determining whether or not a danger exists includes: 1. The secondary job assignment; 2. The officer's personnel evaluations and experience; 3. The officer"s prior disciplinary record; and 4. The presence or absence of commendations and awards. G. Entrance Examinations. Entrance examinations may be administered at any time to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments shall remain on that list for 365-calendar days from the date of the written examination. The eligibility list shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance exam more than once during a 365-calendar day period. thc Department and thc C~/.] H. Alternate Hirinq Process. The City and the Association shall make a good faith effort to develop an alternate hiring process to be entered into between the City and other Texas cities providing for lateral transfer of officers from one city to another without restricting a transferred officer to entry level rank. Any such agreement may be made by the Police Chief subject to approval of the Association"s Executive Board, and shall be written and signed by the Chief af Police and no less than 3-members of the Executive Board. The Chief, without regard to the existence of or requirement for any eligibility list for beginning positions in the Department, may appoint applicants to beginning positions in accordance with this alternate hiring process. Each applicant must I1) have a current TCLEOSE peace officer intermediate certification; (2) be employed or have been employed for at least 3 continuous years as police officer by an incorporated Texas city, as a deputy sheriff in any Texas County of at least 120,000 population according to the most recent U.S. Census, or by the Texas Department of Publlc Safety; and {3) actively worked as such within the 365-calendar day period preceding his application. Each applicant must successfully complete entry requirements, including a medical examination, a physical fitness examination, a written proficiency examination to identify writing skills and knowledge of Texas law, a background investigation {to include a polygraph), a drug test, a psychological examination, a panel interview Ipanel to be appointed by the Chief) and any other current eligibility requirements deemed appropriate by the Chief. Applicants who are appointed must successfully complete an academy specifically designed for applicants who are hired in accordance with this alternate hiring process. The Chief, in his sole discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. The beginning salary of officers appointed under this alternate hiring process shall be equal to the 30-month Police Officer salary. These officers shall become eligible to take the Senior Police Officer exam 30-months [~,ee~] after appointment. These officers shall be treated as new employees for all other purposes, Including seniority, benefits and eligibility for promotion. Officers hired under this alternate hiring process shall serve a 180-calendar day probationary period beginning with completion of the academy and may be discharged during this period at the discretion of the Chief, without appeal to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. I. Alternative Hirina - Reinstatement The Chief, at his sole discretion, may rehlre police officers who terminate their employment with the City of Corpus Christi and request In writing to be reinstated within 18- months. The rehired officer shall be required to enter at the rank of police officer regardless of the rank they held when they terminated their employment. The rehired officer shall be allowed to retain all seniority they held prier to terminating their employment, however, the rehlred officer ~ *~ ..... ~'~ to be eligible to take the senior officer must wait 18-months [ .... ~- ~ ,. for pmmoffon~. If rehlred, the officer shall not be requlred to take the civil examination [ .... tc service enffance examination or to re-enter the basic aCademy. For example, a rehlred officer who had five years of seniority when they terminated their employment would be rehlred at PO7 at the 42-month pay step. When a rehired {reinstatedl officer passes the senior officer examination, he or she shall retain all seniority he er she had as a senior officer pr or to terminatinq their employment. For examole, if an officer had 5 years of servlce In the rank of senior officer when he or she terminated their employment, the officer shall be credited with 5 years of seniorlty as a senior officer when they pass the senior officer examination after beina rehlred {reinstated}, and shall be paid as a 5-year senior officer. However, a rehlred {reinstated) officer Who makes senior officer a.qain shall serve for a period of two continuous years before beincl eli.clible to tak~, the lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully complete a designated course of in-service training and to impose a 180-day probationary period from the date of rehire during which the officer may be dlscharged at the discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall not be subject to the grievance procedure in this agreement. J. Mandatory Random Dru.q Testln.q. The City and the Association agree that police officers may be called upon in hazardous situations without warning, and that it is imperative to the Interest of police officers and the public to ensure that police officers are not substance impaired. In order to further their joint interest in protecting police officers and the public, the City and the Association agree to mandatory random drug testing described in this section. Thirty percent (30%~ of police officers of all ranks shall be mandatc~y random drug tested during each calendar year on a fair and impartial statistical basis as provided In the Police Department's Drug and Alcohol Pollcy. The fair and Impartial statistical basis lin whlch each police officer has an equal chance of being selected) shall be by a non-discriminatory computerized program operated and certified as non-discriminatory by an independent firm hired by the City, and the employee shall be tested upon being selected by the computer. An employee's mandatory random drug test results and related collection and diagnostic information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and Drug Policy and this Collective Bargaining Agreement. The City and the Association otherwlse regard an employee's mandatory random drug test results and related collection and diagnostic information as confidential. The City and the Association have a mutual interest in ensuring that drug impaired employees do not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory random drug testing is not to punish an employee who has not violated the Police Department's Drug and Alcohol Policy. The City and the Association are committed to the principal that the mandatory random drug testing for employees is designed and will be administered to result in disciplinary action only against those officers who have violated the Police Department Drug and Alcohol Policy. The City has developed a Police Department Drug and Alcohol Policy with procedures and protocols which follow the requirements of SAMHSA/CAP FUDTP. The section of the Police Department Drug and Alcohol Policy dealing with mandatory random drug testing and the consequences thereof is subject to amendment by the City only as the City determlnes ls necessary to follow the requirements of SAMHSA/CAP FUDTP. A grievance regarding the application, interpretation or enforcement of the language in this section is subject to mandatory arbiiTation. The sample for testing shall be a split sample. The City shall require any laboratory selected for collecting samples, to conduct a background investigation on those laboratory personnel involved in the collecting or handling an unsealed sample. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involved in the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory cgllecting samples has failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result. The burden of showing that a background investigation was not conducted shall be on the party seeking to have the test results excluded from the administrative hearing. The Cily shall use only a SAMHSA/CAP FUDTP certified laboratory for mandatory random drug testing and shall require that such laboratory comply with the requirements of SAMHSA/CAP FUDTP. The results of the test shall be sent by the laboratory to the Medical Review Officer via express mail service. The test shall be a Police Department ten I10) panel test as set out in the Police Department Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a secured area until picked up by the courier. The City shall use only a Medical Review Officer (MRO) for the City of Corpus Christi who is a licensed physician and who is certified as a Medical Review Officer by the American Association of Medical Review Officers. Nothing in this article shall be consfrued to abolish the existing authority and practice of the City to conduct drug test for: 1. Pre-employment 2. Pre-assignment for Vice, Narcotics, Organized Crime or Emergency Reaction Units or as a dispatcher or clerk in the Communications Division or as a Bomb Technlclan or as a member of the Peer Support team. 3. Reasonable suspicion 4. On return to duty after an absence of 30-calendar days or more. 5. Post - accident Post - fire arm discharge Such test will be conducted under the same laboratory processes and protocols as mandatory random testing. K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions In force shall be pursuant to Chapter 143.085, Local Government Code. ARTICLE XIII - PROMOTIONS A. Postina and Administration of Promotional Examinations. A listing of materials from which promotional examination questions are taken shall be posted annually each January for examinations administered within the 365-calendar day period beginning the following April. The City shall post the date of the examlnalion and a listing of the above materials no later than 60- calendar days prior to an affected examination. Study materials will be available at least 60-calendar days prior to an examination. No competitor for an exam may receive from an authorized or unauthorized person any part of a promotional examination for unfair personal gain or advantage. With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility roster exists, the City shall have 120-calendar days from the date of vacancy to complete the administration of written and Assessment Center examinations and post an eligibility roster. The Chief shall have 30-calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and select an appointee, even if posting should for some reason occur more than 120-calendar days from the date of vacancy. For the purposes of this agreement, the term "vacancy" shall occur whenever no person holds the position or a person previously holding the position is permanently disqualified from maintaining the position. A vacancy does not occur during the pendency of a person's appeal of a suspension, indefinite suspension or demotion. B. Promotional Examination Corrections. The Civil Service Director shall have authority to recommend to the Civil Service Commission changes to entrance, or promotional examination questions where clerical errors in compiling the test questions have been discovered or where a question arises as to general accuracy. C. Senior Police Officer's Proficiency Examination, Permanent police officers on the effective date of this Aglreement who have [o'.'or.~-~'~.~j 30-months of service in the Corpus Christi Police Department after commissioning as a police officer and possesses either an li~termedlate Certificate from TCLEOSE or at least 60-hours of collecle credit from an a~credited colleqe or university shall be eligible to take an individual pass-fail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. [P:ov!dod,..w,,~,v,, ~' ................ v~.w...v.v,,.*' "" ~'"~',,~,,, a ~,,~ ................ Proficiency examinations shall be administered on a semi-annual basis. One test shall be given within one-month of each academy becoming eligible. If only one academy is eligible in any given year, the second test shall be given within six-months of the last test if there are any eligible officers. Officers shall advance only after successfully passlng the examination by correctly answering at least 70% of all questions provided In the test. The results of the proficiency test with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. Probationary police officers as of the effective date of thls Aareement and police officers employed after the effective date of this A~reement who have 60-months of service In the CORPUS Christi Police Department after commisslonln.a as a police officer and possesses either an Intermediate Certificate from TCLEOSE or at lea~t 60-hours of colleae credlt from an accredited colle~le Or university shall be ellctible to take an individual DOSS-fall written proflclencv examination to aualifv for Immediate advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi-annual basis. One test shall be given within one- mortth of each academy becomlnc~ eligible. If only one academy Is ellaible In any alven year, the second test shall be glven within six-months of the last test if there are any elialble officers. Officers shall advance only after successfully passlna the examination by correctly answerlna at least 70% of all questions provided in the test. The results of the oroficlencv test with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. D. After Acquired Educational Requirement for Lieutenants Promoted to Captain. Lieutenants promoted to Captain after the effective date of this Aareement who do not have a bachelor's degree from an accredited college or unlversiN shall be reaulred to obtain a bachelor's dearee from an accredited collefle of universltv within 48 calendar months of their promotion. This section does not apply to employees oromoted to Captain orior to the effective date of this Aareement. An employee who fails to obtain the reaulred bachelor's dearee shall be demoted to Lieutenant. An employee so demoted shall have no rlaht to prior notice, a statement of charges, or to file a arievance or to appeal the demotion, and the Commission shall have no ~urisdlctlon, power, or authority to invesfl.qate or review such demotion or to alter the terms of such demotion. Upon demotion from the Captain classification, an employee shall resume the comoetiflve classification of Lieutenant from whlch he was promoted and his salary shall be in accordance with said competitive classification with servlce time credited as continuous time In that competitive classification and with all salary increases to which he would have been automatically entitled had he continuously remained In said comPetitive classification. Wher~ emolovee is demoted, the demoted employee shall not "bump"' another emolovee who is in the competitive rank of Lieutenant. E. [t~.] Appointment of Assistant Chiefs and Commanders. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and instead shall be made by appointment by the Chlef. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the employees from the classifications specified elsewhere in this agreement. CaDtolns [Parsons] appointed to [A,s's!stant Ch!of or] Commander after the effective date of this agreement who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within 48-months [60] calendar months of appointment by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the appointed position by the chief. Captains or Commanders appointed to Assistant Chief after the effec;tive date of this a.clreement who do not have a master's degree from qn accredited colleae or university shall be required to obtaln a master's dearee from an accredited colleae or universlty within 60 calendar months of appointment by the, chlef. Captains or Commanders appointed to A~lstant Chief after July 31, 2005 who do not have a master's decree from an accredited colle.cle or university shall be required to obtain a master's de.clree from an accredited colleae or university within 48 calendar months of appointment by the chief. Persons who fail to obtaln the required masters degree shall be removed from the appointed position bv the chief. Employees appointed to the positions of Assistant Chief or PoliCe Commander under the provisions set out herein may be demoted from sold position at the discretion of the Chief. An employee so demoted shall have no rlght to prior notice, a statement of char.qes, or to file a grievance of to appeal the demotion, and the Commission shall have no jurisdiction, power, or authoflfy to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an appointed classification, an employee shall resume the competitive classification from which he was appointed and his salary shall be in accordance with said competitive classification with service time credited as continuous time In that competitive classification and with all salary increases to which he would have been automatically entitled had he continuously remained In said competitive classification. When on employee is demoted in rank from an appointed classification due to a reduction in force, the demoted employee shall not"bump" another employee who Is in a competitive rank. F_. [~.] Probationary Period for Lieutenants and CaDtalns. Employees promoted to the rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at any time during the 365-calendar day period subsequent to being so promoted. An emolovee so demoted shall have no rlaht to prior notice, a statement of chOr~les, or to file a arlevance or to appeal the demotion, and the Commission shall have no jurisdiction, Dower, or authorlh/to Investiaate or review such demotion or to alter the terms of such demotion. G. [6] Filling Vacancies Below Commander. Upon written request by the Pollce Chief for a person to fill a vacancy in any classification below the rank of Commander, the Commission shall certify to the Police Chief the names of the 3-persons on the ellgibility list having the highest grades for the posltlon to be filled, and the Police Chlef may select any one of the 3-persons so certified. The Police Chief need not state In writing his reason for selection or rejection of any of the 3-persons certified by the Commission. In the event a person rejected desires to appeal the action of the Police Chief, such appeal shall be to an arbitrator selected as spectfied In paragraph E of Article 6, and there shall be no appeal to the Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is charged with the burden of proof of showing that the rejection was for some reason other than the officer's ability to perform at the higher rank. The arbitrator may overturn the declsion of the Chief. The question of rejection on the part of the Police Chief shall be determined by the arbitrator, To the extent thls paragraph alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agreed. H. igc] I~li.qiblllty for Promotion. The following minimum rank and service shall be required of all officers prior to participating in any part of the promotional procedure as set forth In this contract. CLASSIFICATION MOS./YRS CONTINUOUS OTHER REQUIREMNTS PROMOTIONAL SERVICE/FDUCATION CLASSIFICATION Police Officer Permanent Police Officers Written Proficiency Senior Police Officer as of the effective date of this Aareement are reauired to h~ve 30 months prior to exam Iwith requisite probation) and an Intermediate certificate or 60-hours of colleae or an Associate dearee. Probationary Police Officers as of the effective ~at~ of this Aareement and Police Officers employed after the eftective date of this Aareement are reauiregJ to have 60 months Dtior to exam IwJlh reaulslie orobationi and a~ Infermeaiate certificate or 60-hours of coJJeae or an Associate dearee. Senior Police Officer 24,-months [4 ;'o~rs] of Promotional Exam Lieutenant service in rank Jd~p-'_~c~t] immediately prior to the exam and an Intermediate certificate or 60~ours of qoileae or an Associate dearee Lieutenant 2 years in rank immediately Promotional Exam Captain prior to exam and a bacheJor's dearee within 48~nonfhs of promotion to Captain Captain 2 years service in rank Commander immediately prior to appointment and a k~gchelor's dearee within 48-months of appointment as Commander Captain or 4 years service in rank A total of 6 years service in Assistant Chief Commander immediately prior to the depadrnent appointment grid a master~ dearee within 48-monJhs of appointment as Assistant Chief I. [N~.] Promotional Procedures. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of 2 parts as follows: 1. Written ,Examination - Shall consist of questions relating to the speciflc duties of the position to be tilled. The written examination shall have no specific failing score but will provide a ranking of participants from high to Iow score. In the event that written examination scores are the same, the earliest time for submitting the examination form to the test administrator for grading shall determine respective standing. Only the highest 10- scorers from the Captain's written examination shall be allowed to continue on to the next phase of the examination process. Only the highest 15-scorers from the Ueutenant's written examination shall be allowed to continue on to the next phase of the examination process (Assessment Center). The City will engage an independent consultant firm to professionally develop the written examination questions after consultation with the Human Resources Department. Such firm shall deliver the examination questions in a sealed and secured manner confidentially to the Human Resources Department which will maintain them confidential, in a safe and secure manner. Under no circumstances shall the examination questions be taken out from under the confidential supervision and control of the Human Resources Department. 2. Assessment Center Examination - Shall consist of: Six certified potice officers from outside the Police Department holding comparable or higher positions in a Police Department operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may be chosen by the Association and must have received authorization to participate by his/her respective Department. One of the 6-assessors may be chosen from out of state. The Chief shall have the right to review the list of assessors and may strike no more than 3 names from the list. If the Chief exercises the right to strike, he must provide a replacementJs) within 5-calendar days of reviewing the list. The identification of the 4O assessors shall be keep confidential. The Association President or Designee who develops the assessor list must not be a candidate for the promotional exam for which the list of assessors has been developed. All assessors must be chosen prior to the scheduled date of the written examination. The assessment center examination datels) will be posted on the same day the written test announcement is posted. Assessors shall be trained in the methods to be used in administering the test for a minimum of eight hours. All candidates will be given the opportunity to attend a classroom orientation period concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. The independent consultant shall develop at least three exercises which he/she determines adequately assess measurable dimensions of the Job analysis. Feedback shall be provided to each candidate in a '~eedback"' session by the assessment center coordinators. The purpose of thls session will be to provide each candidate with his/her score, what areas he/she excelled in, what areas he/she did poorly In, and what they might do to improve their performance in the future. The scores of the assessment center shall count 60% of the combined score and the written examination scores shall count 40% of the combined scores to determine the final ranking when one-point for each year of service is added up to a total of 10-points maximum for seniority. J. [~] Eliaibiiitv Ust. Within 48-hours of the completion, excluding weekends and holidays, of the Assessment Center Examination, an eligibility list shall be prepdred and posted with the respective ranking of all applicants based on the following weights: (lJ Written Examination (2) Assessment Center Examination 4O% 60% Seniority Points on Lieutenant's Examination 1 point for each year of service in the Department up to a maximum of 10 points Seniority Points on Captain's Examination 1 point for each year of service in rank up to a maximum of 5 points 100% 10 points 110 Maximum Points 5 points 105 Maximum points The results of the Assessment Center shall be binding for 365~calendar days and with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. K. [~.] Nepotism. 1. Promotions. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by written examination to continue with the assessment center examination, the Chief shall not participate in the promotional process or in making of any appointment from the list 4! established there from and the City Manager shall exercise all of the contractual and statutory authority of the Chlef with respect to said process and appointments. If the Chief's relative is promoted, the Chlef shall not partlclpate In the probationary review of the relative under Section E of this Article, and the City Manager shall exercise all of the Chlef's authority under Section E and any related statutory provision. The Chief shall not participate In any other action which would affect the relaflve's promotion or probationary review, and the City Manager shall exercise all contractual and statutory authority which the Chief would otherwise exercise In connection with any such action. '*Relative" is a person related to the Chief within a degree described by Section 573.002, Texas Government Code. 2. Transfers. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief requests an inter-divisional personnel transfer, the Chief shall not participate in the decision-making process or in making any transfer. The City Manager" pursuant to General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with respect to said transfer. ~Relative" is a person related to the Chief within a degree described by Section 573.002, Texas Government Code. L. [~] Chapter 143 Applicability. No portion of Chapter 143 is applicable to the promotional process for assistant chief, commander, cal~tain or lieut(~nant with the exception of 143.0321h]111, 143.034 and 143.028 ici. ARTICLE XlV - EMPLOYEE MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, shall jointly maintain and support a labor relations committee. The labor-management committee shall consider, discuss and recommend to the Chief any problems pertaining to the employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor- management committee. The labor management committee shall consist of the following: (1) Director of Human Resources or his/her designee; (2) The Chief or his/her deslgnee, who shall be a police officer within the Police Department; (3) the Association President or his/her deslgnee, who shall be a police officer from the Police Department from the Association; (4) the Association Vice-President or his/her designee, who shall be a police officer from within the Police Department from the Association; and (5) a member of the Association designated by the President who must be a police officer within the department. There 5hoII be cf written a.qer~da of matters to be discussed. Officers desirlna items placed on the wrltten aaenda shall forward the matter In wrltln.q to the Office of the Chlef of Police throu.qh the President of the Assoclatiorl, The labor- management committee shall meet bi-monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be generated withln 30-calendar days subsequent to the meeting. B. Internal Investlaaflon Guidelines. In the event that a police officer is interviewed by a division commander, or internal investigator regarding conduct which, if proven, may result in a suspension or indefinite suspension, the following guidelines shall prevail: 1. The interview of any employee shall be at a reasonable hour, preferably during on-dub/hours, if posslble, but not necessarily, depending upon circumstances. In the event of a dispute of the reasonable hour determination, the decision of the Chief shall be final. 2. The Interview shall toke place at a location deslgnated by the investigating officer, usually at the Headquarters Police Station. 42 3. The employees shall be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the interviewing officer and the identity of all persons present during the Interview. 4. The employee shall be Informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations shall be provided. If it is known that the employee being interviewed is a witness only, he shall be so informed. 5. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Tlme shall be provided also for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary. 6. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punlshmenl. No promise of reward shall be made as an inducement fo answering questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his conduct can become the subject of disciplinary action resulting in disciplinary punishment. 7. If an employee is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he shall be accorded all rights pursuant to law to which any citizen would be entitled. 8. At the request of the employee or the interviewing officer, the complete Interview of the employee shall be recorded mechanically or by a stenographer. There will be no "off the record" questions unless so agreed by both parties. All recesses called during the questioning shall be noted in the record. The party requesting mechanical recording or recording by a stenographer shall pay all costs of same, unless the parties agree on a cost division between them. 9. Upon request of the employee's attorney, said attorney shall be given an exact copy of any written statement the employee executed, or if the questioning is m~chanically or stenographically recorded, the attorney shall be permitted to record or transcribe from the original recording upon his request, or to purchase a copy of the original recording. 10. The refusal of an employee to answer questions and submit reports shall be grounds for disciplinary action. Any answer of the employee may be used as evidence in any disciplinary action against the employee. 11. The investigator for Internal Affairs in charge of the particular case is required to inform the officer prior to being questioned, interrogated and/or investigated that he/she may have one-representative, either an attorney, an Association representative or a personal representative, present during the employee's interview, unless the officer in writing voluntarily waives this right. If an officer is ordered to write a statement, the officer shall be allowed to write the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate subordinate during any interviews conducted in an internal investigation. The Association President may represent or advise an employee during an internal investigation. 12. The Chief of Police recoanizes the riaht of Association members to seek advice or representation bv deslanated Association members, and to confer with such designated Association members on reterral to le.qal counsel. Such communications ar~ prlvile.qed and shall 43 not be the subject of compelled disclosure unless exceptions to the attorney client privlleoe would apply, had the communication taken place wlth counsel. Association members may not be compelled to reveal the substance of communications which clearly concern Association business: however, this provision does not insulate any behavior or conduct, including threats by languaae or disorderly conduct from belnc~ fully lnvesflaated. C. Leaal Defense, The City will provide a legal defense to any police officer in a civil lawsuit, on account of any action taken by such police officer while acting within the course and scope of the police officer's employment for the City of Corpus Christi. The City, by conducting or participating In the employee's defense, does not assume any obligation or Ilablllty not otherwise imposed by law and does not expressly or implledly waive an Immunity or defense which Is available to the City. The City need not assume any obligation not otherwise imposed by law for any judgment which Is rendered against an employee who committed intentional acts, was grossly negligent, or reckless. 1. The police officer shall notify the City of any claim being made against such police officer not later than 30-calendar days from that date that such police officer received notice of such claim, and shall request the City to assume the defense of the police officer regarding such claim. The City may require that such request be made in writing. 2. If suit is brought against such police officer, such police officer shall immediately forward to the City Attorney even/demand, notice, summons or other process received by him. 3. Such police officer shall cooperate with the City, and, upon the City's request, shall assist the City In arriving at seffiement agreements, and the conduct of suits, and in enforcing any rights of contribution or indemnity against any person or organization who may be liable for all or pad of such damages, and shall attend all hearings and trials and assist In securing and giving evidence and obtaining the attendance of witnesses. 4. If the City Attorney undertakes fO represent the employee rather than provide private counsel, he or she shall disclose to the employee any conflicts of Interest between the employee and the City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain qualified private counsel. ARTICLE XV - ASSOCIATION HEALTH AND BENEFIT TRUST Funding for the Corpus Christi Police Officers' Association Health and Benefit Trust will be made by members of the Association and the City hereby agrees to honor special assessments in accordance with Article III (B) (3) of this contract. [FffccH;'o, ,v~,,. ^ ...... ~ ~., ~ooQ., - ~, ...~ ~..,*h~ ~, ....... -~.-w .~ ~--~* ..... Effective August 1, 2001, the amount shall be increase to a total of $100,000 for supplemental insurance proarams for active and retired police officers. The City is under no responslblllly or duty to monitor the administration, distribution of benefits, or the eligibility for benefits pursuant to the terms of such benefit trust. ARTICLE XVl - IMPASSE PROCEDURES Negotiations for a new contract shall commence in accordance wlth Chapter 174, Local Government Code. If Impasse should be reached as defined in Chapter 174, either party may request mediation, and upon such request, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of the mediator shall be as specified In Section 174.151. The mediation shall extend for 14-calendar days. If no agreement is reached through mediation, upon request of either party, the parties shall submit lhe dispute to one Fact finder, chosen as provided herein. The Fact finder shall conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact finder. If no agreement is reached, each party shall be entitled to submit four proposals to the Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct topic: salary, dependent health insurance coverage, promotional procedures, political activities. Each party may submit its four proposals and ifs alternatives to the other party's proposals. The hearing shall be informal and strict rules of evldence shall not apply. After hearing all evidence offered by the padies, and any evidence requested independently by the Fact finder, the Fact finder shall render a written decision making findings of fact and recommendations as to all matters in dispute, in the opinion, the Fact finder shall state his reasons for his findings of fact and recommendations. In rendering such findings and recommendations, the Fact finder shall exercise his independent judgment and shall not attempt to "split the difference." in making the findings of fact and recommendations, the Fact finder shall consider the following evidence submitted fo him by the parties or obtained at his direction: the overall compensation in the current contract including direct salary and fringe benefits; the income available to the City and demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi police officers with the wages, hours, and conditions of employment of other public and private employees performing similar services and with other employees generally in public and private employment in comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi police officer; the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve- month period using localized data fo the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. The selection of the mediator and the Fact finder shall occur as follows. When either party requests mediation or fact-finding, the parties may agree to choose any mediator or Fact finder or method of choosing same. If no agreement occurs within five days from the request, the parties shall request a list of 7-neutrals from the American Arbitration Association (AAA). Upon receiving the list, the parties shall select the Mediator or Fact finder by alternately striking names. The request to AAA shall state the dates on whlch the neutrals must be available. The mediator and the Fact finder shall be selected within 5-working days after receipt of the list from the AAA. The fee and expenses of the mediator and the Fact finder shall be split equally between the City and the Association. All other expenses, including witness fees, shall be paid by the party incurring the expense or calling the witness. If, within 7-calendar days after fact-finding, the parties have failed to agree to a contract, the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum election according to the following procedure. The election shall be held on the first date permissible under state law. By agreement the parties may submit any issue or issues to the voters. If no such agreement is reached, then each party shall be entitled to submit 2-issues to the voters, each issue on one distinct topic. For example, each of these constitutes a distinct issue: salah/, dependent health insurance coverage, promotional procedures, political activities. Each party will submit its 2-issues, and its alternatives to the other party's issues, so that the voters will vote on 4 distinct issues. Each voter will have the option of voting for all of the issues of one party, or for some issues of one party and some of the other. The issues submitted to the voters will appear on the ballot exactly as each respective party would have them appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part of the collective bargaining agreement. In the absence of agreement of the parties to the contrary, the term of the provisions adopted by the voters shall be the same as the term of the entire contract entered into by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots. All other costs of the elections shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. An impasse referendum can be canceled at any time up to 15-calendar days prior to the election date by agreement of the parties. The Assoclation and the City agree that during the term of Article XVI, no request shall be made for submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. Any provision of this Article XVI may be amended by written agreement of the parties. if the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article XVI shall become ineffective, unless the parties agree in writing to continue them in effect, ARTICLE XVll - POLITICAL ACTIVITIES PART I The City may prohibit potice officers from taking an active part in any political campaign of another for an elective position of the city if they are in uniform o~ on active duty. The City may prohibit police officers trom taking an active part in any political campaign to recall another from an elective position of the city. The term "active part" means making political speeches, distributing cards, circulars or other political literature, writing letters, circulating petitions for recall or nominations, or signing petitions while on duty or in uniform, actively and openly soliciting votes, or making public derogatory remarks about candidates or elected officials being subjected to a political recall campaign. The City may prohibit off-duty police officers from making public political speeches regarding a political campaign of another for an elective position of the City and making public derogatory remarks about candidates or elected officials subjected to a political campaign for recall. The City may not otherwise restrict a police officer from legal participation in a political campaign. Any individual potice officer who violates rules established by the City pursuant to these provisions shall be subject to disciplinary action. PART II No representative of the Association in any capacity, nor the Association as an entity, shall take an active part on or off duly in a political campaign of another for an elective position of the City or in any campaign to recall any elected official of the City. The term "'active part" means making political speeches, distributing cards, circulars or other political literature; daing work af any kind at campaign headquarters; writing letters, signing petitions; advertising, actively soliciting votes or supporting candidates or recall of officials; making public derogatory remarks about candidates or officials Involved in recall proceedings; or engaging in any similar political activities. Whether this section on political activities has been violated by the Association or Its representatives is a fact question which may be appealed to arbitration by the Association within ten days of notice from the City that it believes a violation to exist. If the arbifrator finds that a violation exists, he must declare thls Article XVII null and void. ARTICLE XVIII - EXISTING CONDITIONS No employee shall be unfavorably affected by the signing of this agreement as to wages, hours, or other conditions of employment that he now enjoys, except as otherwise provided in this agreement. ARTICLE XlX IX-X] - CLOSING CLAUSES A. The effective date of this agreement shall be the day of ,2003 [..v~ ......... ] except os otherwise provided herein, and the agreement shall remain in effect until midnight p.m. July 31, 2006 [.~'20021 and thereafter until superseded by o new agreement. B. This document constitutes the sole and complete agreement between the parties. During the term of the Conffact neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this document. The impasse procedure in Article XVI of thls agreement shall be wholly Inapplicable to any matter except impasse of o successful conffoct. C. The provisions of this contract shall take precedence over all State and local Civil Service provisions which are in conflict herewith, including for example and not by way of limitation, any contrary provisions of Chapter 141, 142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of the City; Rules and Regulations of the Firefighters" and Police Officers' Civil Service Commission; and Rules and Orders of the Police Department of the City. D. If any article or section of thls agreement should be found Invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this agreement shall remain in full force and effect for the duration of this agreement. E. Both the City and the Association have relied upon their factual and legal understanding that the City is currently in compliance with state and federal law In the payment of stral.qht time and overtime compensation, in baraalnlna the waaes and economic benefits under this agreement. Fiscal certainly i$ of the essence of thls a ~areement to the City. In the event of any adverse iudicial or aaency determination flndlna that the CiN owes straiaht time or overtime compensation under state or federal law above that ~)aid under past practices reflected by the City's payroll records, the CiN may reauest In wrltina that the parties collectively bgr.qain in good faith for the limited purpose of re~olvlna the impact of any adverse ruIlna. 47 FOR THE CITY OF CORPUS CHRISTI, TEXAS: Date George Noe, Acting City Manager City Negotiating Team Members: ATrEST: CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Date. Larry Young,'President, C.C.P.O.A. C.C.P.O.A Negotiating Team Members: City Secretary APPROVED: __ Day of ,2003 CIty Attorney 48 APPENDIX "A" DUES DEDUCTION AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Code Name Address Title Payroll No. Employee No. Code No. (Last) (First) Social Security No. Zip Code I hereby authorize the City of Corpus Christi to deduct each pay period the sum of $. as certified by the Corpus Christi Police Officers' Association as the current rate of dues or an amount as may hereafter be established by the Corpus Christi Police Officers' Association as dues. This deduction is to be forwarded directly the to Corpus Christi Police Officers' Association. The authorization of lhis deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages fo me for failure to deduct any authorized sum for any reason. Signed Date 49 APPENDIX "r SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Assessment Code Name Address Title .Payroll No. .Employee No. Code No. Social Security No. , (Last) (First) (M.I.) Zip Code, I hereby authorize the City of Corpus Christi to deduct a special assessment In the sum of $ , , as certified by the Corpus Christi Police Officers' Association for the expressed purpose of Thls special assessment deduction is to be forwarded directly to the Corpus Christi Police Officers' Association. The authorization of this special assessment deduction is entirely voluntap/on my part. I understand that the City of Corpus Christi will be abligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for failure to deduct any authorized sum for any reason. Signed Date 5O APPENDIX "C" TERMINATION OF DUES DEDUCTION ON SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. Employee No. Code No. Name (Last) (First) Social Security No. Address Zip Code I hereby terminate the authorization previously executed by me on for dues deduction for the Corpus Christi Police Officers' Association and request that the City make no further deductions under said authorization, This termination of dues deduction is entirely voluntary on my part and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Date: APPENDIX "D" GRIEVANCE FORM City of Corpus Christi Grievance No. Employee: Printed name Immediate Supervisor: Printed Name Grievance must be flied within 20 working days of occurrence or knowledge of occurrence. Fill in all information and submit to Commander In appropriate chain of command. Failure to appeal within the time periods prescribed for each Step will not be considered timely and shall be void. Step 1 Commander Review Statement of Facts: Policy, Practice, or Contract Provision alleged to be violated: Other Individuals affected by Grievance: Remedy Sought: Submitted by:. this Signature of Grievant or Class Representative at a.m.p.m. Date Time Received by: Commander or Staff Member this at a.m.p.m. Date Time Response of Commander: (Response must be completed within 20 working days of receipt of grievance) Accept Facts as Stated. Additional or Contested Statements to Facts: Other applicable Contract terms, policies, or practices: Adjustments or Remedies Recommended: Approved by: Signature of Commander this Date at a.m.p.m. Time Received by: this at Signature of Grievant Date Copy Sent To Association this at Date Time Step 2 Association Review (Must be filed with Association within 10 days of Commanders Response) Employee Appeals Step I Response Accept Facts as Stated. Statements of Facts in Dispute: Reasons for Appeal: Submitted by: this Signature of Grievant or Association if Class Action at a.m.p.m. Date Time Received by: Signature of Association Representative this at a.m.p.m. Date Time Association Determination: No Appeal. Appeal for the following reasons: Adjustments or Remedies Recommended: Approved by:. Signature of Association Representative this at a.m.p.m. Date Time Received by: this at a.m.p.m. Signature of Chief or Staff Member Date Time Step 3 Chief of Police Review (Notice of Appeal by Association must be submitted to Chief within 20 working days from date of Commanders Response.) 53 Adjustments or Remedies Recommended: Approved by: this at Signature of Chief Date Received by:. this Signature of Association Official or Staff Member at Date a.m, p.m. Time Step 4 Request for Arbitration Association Elects to Proceed to Arbitration on Grievance No. Submitted by.'_ this Signature of Association President or Designee at Date Received by:_ Signature of City Representative this at Date 54 APPENDIX "E" INSURANCE A. Health Insurance. The Clly shall provide health insurance coverage for Pollce Officers and their dependents in a preferred provider program called Public Safely Clticare. Either party may request in wrltln.q on or before August 1, 2005 that the parties re-open the Agreement for the sole purpose of collectively baraalnlna In aood faith over health care benefits. 1. The plan shall be structured as follows: PUBLIC SAFETY CITICARE BENEFITS: PRIMARY NETWORK SPECIAL SERVICES OUT-OF-NETWORK Calendar Year No Calendar Year $1 O0 Per Individual $200 Per Individual Deductible Deductible $250 Max. Family $500 Max. Family Physician Services (Out-Patient, ER $15 Co-Pay 80/20% 70/30% Visit and Reimbursement Reimbursement Second Opinions) Physician Services One time $15 Co-Pay (In-Patient) first visit per Doctor 80/20% 70/30% Reimbursement Reimbursement Laboratory Services $10 Co-Pay 80/20% 70/30% (Physicians Office Reimbursement Reimbursement & Lab. Facilities) X-Rays Physician's Office: $10 Co-Pay 80/20% 70/30% X-Rays Facilities:$ 15 Co-Pay Reimbursement Reimbursement PUBLIC SAFETY CITICARE I BENEFITS: PRIMARY NETWORK J SPECIAL SERVICES OUT-OF-NETWORK Calendar Year No Calendar Year $100 Per Individual $200 Per Individual Deductible Deductible $250 Max. Family$500 Max. Family $15 Co-Pay Emergency Room Then 80/20% 70/30,% Services 85/15% Reimbursement Reimbursement Reimbursement Prescriptions Co-Pays: No Deductible No Deductible $5 Generic 80/20% 70/30% $20 Brand Reimbursement Reimbursement ~200 Deductible Hospitalization _$.250 Max. Family 80/20,% 70/30% (In-Patlent and Out- men Reimbursement Reimbursement Patient) 85/15% Reimbursement Out-of-Pocket Cost L%cludlng Co-Pays $500 Per Individual $700 Per Individual $700 Per Individual educfibles) $1,250 Max. Family $1,750 Max. Family $1,750 Max. FamilY * employees and dependents covered by the Public Safety Cificare will be excluded from the drug formulary. ** Emergency Room Services. Wtll increase to $50.00 Co-Pay provided that 2 minor emergency clinics are included, one on the Southside pf Corpus Christi and the other In the Calallen area. Should the number of minor emergency clinics fall below 2 for more than 90 consecutive days the Co-Pay will be $15.00. Other eligible services and eligible medical supplies as shown In the Public Safety Citicare Plan document shall be covered at 85%/15% for primary network, $100.00 deductible/$250.00 family maximum deductible and 80%/20% for special services or $200.00 deductible/ $500.00 family maximum deductible and 70~/30% for out of network. When expenditure ls made toward a deductible and/or out-of-pocket requirements it Is cumulative in all three categories. Special Services are those services which are provided outside the participating provider service areas due to residency or emergency care or referrals from a primary network provider if services are not available through a primary network. Participating Provider Service Areas are those locations covered by a primary network; South Texas, Dallas/Ft Worth, Houston, San Antonio/Laredo and Austin. Out of Network is the use of any hospital, physician or other health care facility or professional that has not signed an agreement with the City or its health care administrator to provide services as the preferred provider. Should the number of hospitals available in the network fall below 2 for more than 90- consecutive days, the reimbursement percentage for out-of-network hospitalization shall be 80%/20%, deductibles shall be $100.00 per each covered individual, $300.00 family maximum, and out-of-pocket shall be $480.00 per each covered individual until the number of hospitals is at least two. Should the number of total physicians in the network fall below 300 for more than 90- consecutive days, the reimbursement percentage for out-of-network physician services, laboratory services and x-rays shall be 80%/20%, the deductible shall be $100.00 per each covered individual, $300.00 family maximum, and out-of-pocket shall be $480.00 per each covered individual until the number of physicians in the network is 300. Should the number of total physicians in the network fall below 300 for more than 90- consecutive days, and should the number of hospitals available in the network fall below 2 for more than 90-consecutive days, the health care plan (Plan II) in effect prior to adoption of this agreement shall be reinstated, unless the Association informs the City within 30-calendar_days of their decision to remain covered by the Public Safety Citicare Plan. The City shall have 30- calendar days to reinstate Plan II after being notified of the Association's decision Should the number of network physicians in any one specialty remain for more than 90- consecutive days below 50% of the number of network physicians who were in the network in that specialty on March 1, 1996, out-of-network physicians services in that specialty shall be reimbursed at 80%/20%, the deductible shall be $100.00 per each covered individual, $300.00 family maximum and out-of-pocket shall be $480.00 per each covered Individual until the number of network physicians in that specialty increases to at least 50% of the number who were in the network in that specialty on March 1, 1996. Provided however, that a covered individual who was being treated by a network physician within 90-consecutive days before the day the number fell below 50% shall pay the Primary Network Physicians' Services Co-Pay rate for that treating physician's services for up to 9D-consecutive days after the number fell below 50% if that treating physician has become an out-of-network provider. 2. The City shall pay 100% of the employee's premiums and 50% of the premium for dependent coverage. Premium rates will be reduced by 10% when Public Safety Cltlcare becomes effective. Thereafter premium rates shall be determined by the City based on the cost of the plan. 3. The City has the authority to restructure benefits, with the exception of hospitalization deductibles, maximum out of pocket amounts and reimbursement percentages, The City also has the authority to restructure network composition of the preferred provider network. The City retains the right to negotiate with insurance and/or medical providers for benefits, coverage and administration under Public Safety Citicare. 4. The benefits in the out-of-network portion of the plan may not be changed unless negotiated and agreed upon by the Clty and the Association. Benefits in existence In the health care plan for Police Officers and their dependents JPlan II) in effect prior to adoption of this agreement shall be incorporated into the out-of-network portion of the Public Safety Citicare Health Plan unless changed by this agreement. 5. The purpose of premiums is to generate revenues to cover claim costs. Co-pays are not intended to generate revenues. B. Retiree Health Insurance Coveraae. Employees, who retire under the conditions of regular TMRS retirement, and their previously participating dependents, shall be eligible to continue participation in the City's Group Health Insurance Program at monthly premium rates as set forth in the insurance contract subject to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by the employee and/or spouse. Coverage shall remain in force for the employee while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage will cease. Coverage shall remain in force for the spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage shall cease. The spouse"s rights shall continue after the employee"s death, but shall terminate upon divorce. C. Association Supplemental Insurance Proorams. The Assoclatlon may select any group supplemental insurance coverage for officers and/or dependents in which plan officers may opt to participate. The City wiJl contribute $35.00 per month, per officer, for any officer opting to participate in any selected plan. The City shall contribute an additional $9.00 per month, per officer, with dependents toward any selected plan for such officers provided that a mlnimum of 75% of officers with dependent(si opt to participate. The City will provide payroll deduction for any officer participating who authorizes same to cover any additional amount of premium for such participation. The Association shall give the City at least 30-calendar days advanced written notice of any change in the plan, eligible participants, or the amount of premiums. D. Life Insurance. The City shall provide basic llfe insurance coverage for each police officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Commanders and Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary or $50,000.00 which ever is greater. 5'/ City of Corpus Christi