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HomeMy WebLinkAboutAgenda Packet City Council - 06/17/2003CITY COUNCIL AGENDA City of Corpus Christi June 17, 2003 1:45 p.m. / Recognition for God's ~Gym, Weed & Seed Program National Award Swearing-in ceremony~f newly appointed Board, Commission and Committee members AGENDA CI'~I'Y OF CORPUS CHRISTI, TEXAS REGUlaR COUNCIL MEETING CiTY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 17, 2003 2:00 P.M. PUBLIC NOTICE - THE USE OFICELLULAR 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. of 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 limite~l 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 didgirse al Concilio y cree qUe su ingl~s es limitado, habr~ un int~rprete ingl~s-espatlol es todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361J880- 3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Pastor Nell Winchester, Youth Minister - Corpus Christi Christian Fellowship. C. Pledge of Allegiance to the Flag to the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Nee Acting City Attorney R. Jay Reining __ City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of June 10, 2003. (Attachment # 1) Agenda Regular Council Meeting June 17, 2003 Page 2 BOARDS & COMMITTEE, * Arts and Cultural Co EXPLANATION OF COUN ~,PPOINTMENTS: (Attachment # 2) *nmission DIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or or~inances. If deemed appmpdate, the City Council will use a different me~hod of adoption from the one listed; may finally pass an ordinance by!adopting it as an emergency measure retherthan a two reading ordir~ance; 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 subsequebt special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice tq the Public The following items are of a routine or administrative nature. The Council has been furnished with background and ~upport matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed sepa~'ately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration ~n its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIOI~IS, ORDINANCES AND ORDINANCES FROM THE PREVIOUS MEETINGS: (At this point the Council will vote On afl motions, resolutions and ordinances not removed for individual consideratfon) Motion approving a supply agreement for 10,000 plastic recycling bins in accordance with Bid linvitation No. BI-0102-03 with SCL A- l Plastics, LTD, of Brampt0n, Ontario based on Iow bid, for an estimated annual expenditure of $36,500, of which, $6,083.34 is for FY2002-2003. The term of the supply agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. These bins will be furnished by Solid Waste Services for use in the City-wide Recycling Program. Funds have been budgeted by Solid Waste Services for FY2002-2003. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting June 17,2003 Page 3 Motion approving a suppl~ Distribution, Inc., of Westb Invitation No. BI-0095-03 b annual expenditure of $34, 2003. The term of the sL months with an option to e: month periods, subject to th Manager or his designee. I by the Health and Water D~ agreement for Colilert with IDEXX rook, Maine in accordance with Bid ~sed on sole source for an estimated 300, of which, $2,884 is for FY2002- pply agreement shall be for twelve ,~end for up to two additional twelve- .~ approval of the supplier and the City :unds are budgeted in FY2002-2003 )artments. (Attachment # 4) Motion approving the lease vehicle from the Hou Governments (HGAC), for ~ $1,610.08 is for FY2002-; Cooperative Purchasing Ag will be used by the Stree~ available through the Maint replacement upgrade to th( purchase of an asphalt application ton-Galveston Area Council of he total amount of $91,197 of which :003. The award is based on the 'eement with HGAC. This equipment Services Department. Funds are .=nance Services Fund. This unit is a fleet. (Attachment # 5) Motion approving the purchase of one (1) trailer mounted vacuum machine from Equipment SOuthwest, Inc., of Irving, Texas for the total amount of $51,171. The award is based on the Cooperative Purchasing Agreement With the Texas Local Government Purchasing Cooperative (TLGPC). The trailer mounted vacuum machine will be used by the Wastewater Department. This unit is an addition to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY2002-2003. (Attachment # 6) Motion approving the purchase of 13,050 feet of 16" wrapped steel pipe in accordance With Bid Invitation BI-0107-03 from Texas Pipe and Supply, of Corpus Christi, Texas, based on Iow bid for a total of $209,191.50. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY2002-2003. (Attachment # 7) Motion authorizing the City iManager or his designee to execute a construction contract in the amount of $719,350 with A. Ortiz Construction and Paving, Inc. of Corpus Christi, Texas, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and CoVer Adjustment FY2003 Re-Bid. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 17, 2003 Page 4 Ordinance appropriating a $ from Omaha Property and No. 4710 for the Conventi amending Ordinance No. (; 2003 Operating Budget $107,252.19. (Attachment 107,252.19 insurance claim payment ;asualty in the Visitors Facility Fund 3n Center Flood Damage Repairs; 24974 which adopted the FY2002- by increasing appropriations by ~ 9) 10. Second Reading Ordinance- Authorizing the City Manager or his designee to execute a ten-year lease with Padre Little League, Inc., a non-profit corporation, for the use of Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. (First Reading 5/13/03) (Attachment # 10) - I. PUBLIC HEARINGS: (NONE) PRESENTATIONS: Public comment will not be solicited on Presentation items. 11. City Council 2003-2004 Goals and Priorities - Updates and Action Plans (Attachment # 11) 12. Re-Engineering Efforts, Quarterly Update (Attachment # 12) K. SPECIAL BUDGET PRESENTATION: 13. Update of the Five-Year General Fund Financial Forecast, Overview of 2003-2004 General Fund Proposed Budget, Distribution of FY2002-2003 Third Quarter Financial Performance Report (Attachment # 13) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. Resolution approving the proposed Crime Control and Prevention Distdct FY2003-2004 Budget. (Attachment # 14) 15. Resolution adopting the City of Corpus Christi Commercial Revitalization Local Strategic Plan for 2003-2009. (Attachment # CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 17,2003 Page 5 Mm 16. 17. PUBLIC COMMENT FRO] NOT SCHEDULED ON TI' APPROXIMATELY 5:30 COUNCIL MEETING, WH LIMIT PRESENTATIONS' TO ADDRESS THE COUI~ PLEASE SIGN THE FOR~ CHAMBER, GIVING YOUR recording is made of the meeting; located at the podium and state y( of other information pertaining tc Secretary.) THE AUDIENCE ON MATTERS IE AGENDA WILL BE HEARD AT ~.M. OR AT THE END OF THE CHEVER IS EARLIER. PLEASE 3 THREE MINUTES. IF YOU PLAN 'ClL DURING THIS TIME PERIOD, AT THE REAR OF THE COUNCIL NAME, ADDRESS AND TOPIC. (A Iherefore, please speak into the microphone ~ur name and address. If you have a petition your subject, please present it to the City Si usted se dirige a la junta y cree~ue su ingl¢s es limitado, habr& un int¢rprete ingl&s-espa~ol en la reunion de I¢ junta pare ayudade. PER CITY COUNCIL POLI~, ¥, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASSi ACCUSE, OR SHOW ANY PERSONAL DISRESPECt' FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, When authorfzed by the provisions of the Open Meeting Act, Chapter 55~ of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 to receive legal advise relating to the administration of the City's group health insurance plan, including a potential claim against the City's stop loss carrier, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding CCMCA, Inc. a Texas Corporation, vs. City of Corpus Chdsti, Case No. C~03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda surnma~/) Agenda Regular Council Meeting June 17,2003 Page 6 18. Executive session under Texas Government Code Section 551.071 regarding AVE, InC. vs. City of Corpus Chdsti and Peter Alvarez, in his official cap~city as Chief of the Corpus Christi Police Department, Case No. C-03-216, in the United States Distdct Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. REPORTS: The following reports include guestions by Council to Staff regarding City policies or activities; requested by Council for information or reports from Staff; reports of activities Of individual Council members and Staff; constituent concerns; current ~opics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 19. CITY MANAGER'S REPORT 20. 21. P. NOTE: * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexats.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~CONT/NUING PRIoRiTy ISSUES Airport / Seawall / Convention Center / Arena · Continue quarterly reporting p~ess for these initiatives. '86 Bo~d ,Issue Improvements Update status on Senior Centers, · Provide communication on completion of these projects (e.g. "Report to the Community'). · ContinOB commtlnity involvemem on issues such as Leopard Street improvements. priv#tization / Re-Engineerin~ · Clearly define "privatization" and "re-e~neering." · Make decisionS 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. Fin~nge · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,Control 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 initiatives. Eml~10yee Health Care · Address concerns r¢latr, d to employee compensation and benefits, including health insurance. · Work to coordi~te Police and Fire health benefits with those of other City employees Economic Development Sales T~x · Establish election date. Storl~ Water Utility · Reconsider implementation plan for a Storm Water Utility. Pa~,erv Channel · Continue quarterly repons on tl/e pwg~ss of the TIF and Beach Restoration Project. L4ndflll · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid Waste management system, including privatization. IMemgt · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online ~ermitting process. · Communicate brush pickup via e-mail. CDBG · Continue active role. Frost Bank Bnildin~ · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plnn · Develop and approve ADA Transition Plan within 90 days. Redis c*in , Develop Council.approved redistricting plan for the City of Corpus Christi Industrial Di~trkt Contract · Review Industrial District con~racts and determine date for approval Comlcil Action Items · Staff completes action requests in a timely manner. C~tY / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivcn'y of health services Marketing of CC Musqunt and t~olumbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Guiters Economic Development Sumrrtit and Post-Sumrait Meetings Agnes-Laredo Corridor Marke~ (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library , Northside Development Plan : Traffic Controls (channeling, s~udying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publie Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement ProgrSm Item NEW PRIORITY INITIATIVES AND ISSUES City sta~wtll develop and present to City Council action/implementation ~lans for the following priority Desalination Pilot Project i *Code Enforcement in TraShy Neighborhoods *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Sp~ific 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 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 10, 2003 - 2:15 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.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta * Arrived at 2:20 p.m. Mayor Neal called the mgeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayo~Neal and the Pledge of Allegiance to the United States flag was led by Council Member Henry Ga~rett. 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 al~proval of the minutes of the joint Council meeting of May 27, 2003 and the regular Council meetiJlg of May 27, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Comus Christi Downtown Managegaent District Bill Durdll (appointed) Sister City Committee Kent Byus (appointed) Ethics Commission Harold Fredrickson (reappointed) Charles Irwin (appointed) Food Service Advisory Committee Bob Ard (reappointed) D.W. Haven (appointed) James Robbins (appointed) Water Shore Advisory Committee Roy Pell (reappointed) Terri Nicolau (reappointed) Dr. Oscar Garcia (reappointed) Dan Leyendecker (reappointed) Mechanical/Plumbing Advisory Board Kevin A. Kemp (appointed) (NOTE: M~. Cooper arrived at 2:20p. m.) Mayor Neal deviated fi.om the agenda and referred to item 14, a preview presentation for the --7-- Minutes - Regular Council Meeting June 10, 2003 - Page 2 All America Cities Award, which was performed. Mayor Neal called for cor~sideration of the consent agenda (Items 3-13). City Secretary Chapa announced that Item 3, regarding the Sechrist - Hall Company construction contract, needed to be amended to reflect a change in amount fi.om $39,690.80 to $39,690. Council Member Kinnison made a motion to amend item 3, seconded by Council Member Colmenero, and the motion passed unanimously. He also armounced that Council Member Noyola was abstaining from the discussion and vote on Item 13. Council members requested that Item 5 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 13, constituting the consent agenda, e~cept for Item 5, which was 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 on items 4a, 8, 9b, 10b, 1 lb, 12b and 13a; Noyola abstained on item 13). 3. MOTION NO.2003-203 Motion authorizing the City Manager or his designee to execute a construction contract with Sechrist - Hall Company of Corpus Christi, Texas in the amount of $39,690 for the Fire Station No. 2 Re-Roof Project. (As amended) 4.a. ORDINANCE NO. 025326 Ordinance appropriating $521,165 in Unappropriated Interest fi.om Water Capital Improvement Program Fund No. 4081 (1994 Revenue Bond); for Wesley Seale Dam damage repairs; amending the FY2002 - 2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $521,165. 4.b. MOTION NO. 2003-204 Motion authorizing the City Manager or his designee to execute a construction contract with Lowman Services, Inc. of Robstown, Texas, in the amount of $521,164.80 for Wesley Scale Dam Damage Repairs. 6. MOTION NO. 2003-206 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Parker Construction of Portland, Texas in the amount of$104,550 for the Kinney Street Bridge Repairs. 7. MOTION NO. 2003-207 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Thomas W. Stewart and Nina Kathleen Russo, Independent Executrix of the Estate of --2-- Minutes - Regular Council Meeting June 10, 2003 - Page 3 John B. Russo, in the amou~nt of $37,000 plus $1,500 in closing costs for the purchase of fee simple property rights for 1.882 acres out of Block 53, Beach Addition, necessary for the Broadway Wastewater Tre~atment Plant Lift Station & Diversion to Greenwood Wastewater Treatment Plant/Nueces Rtver Delta, Project #7110. ORDINANCE NO. 02532? Ordinance appropriating 52,339 in unappropriated interest from Fire Station Capital Improvement Fund No. 3190 for the Mustang Island Fire Sub-Station project; Closing Fund No. 3190; amending Cagital Budget adopted by Ordinance No. 025144 to increase appropriations by $2,339. 9.a. RESOLUTION NO. 0253~8 Resolution authorizing the iCity Manager or his designee to accept a reimbursement grant from the Texas Commission for Environmental Quality in the amount of $19,003 for mitigation measures at Fire~ Station No. 10. 9.b. ORDINANCE NO. 025329 Ordinance appropriating $19,003 reimbursement grant from the Texas Commission for Environmental Quality in the No. 1050 Federal/State Grants Fund for the mitigation measures at Fire Station NO. 10. 10.a. MOTIONNO. 2003-208 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $271,525 and execute a contract with the Corporation for National and Community Service for the continuatiol~ of the Senior Companion Program. 10.b. ORDINANCE NO. 025331) Ordinance appropriating a grant in the amount of $271,525 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. ll.a. MOTION NO. 2003-209 Motion authorizing the City Manager or his designee to execute Attachment No. 06A to Contract No. 7460005741-2003 with the Texas Department of Health increasing the administrative funds at the rate of $9.95, which replaces the previous $9.45, for each participant served to provide for funding of group nutrition education, and individual counseling. The program shall also distribute food vouchers during the period of October 1, 2002 through Septembel 30, 2003 as part of the Women, Infants and Children (WIC) Federal Program. -3- Minutes - Regular Council Meeting June 10, 2003 - Page 4 11.b. ORDINANCE NO. 02533~1 Ordinance appropriating ag increase in the Texas Department of Health Grant for Women, Infams, and Children (Wit) Program fi.om $9.45 to $9.95 per participant served, for total estimated grant increase of $31,000, in the No. 1050 Federal/State Grants Fund. 12.a. RESOLUTION NO. 0253~2 Resolution authorizing thet City Manager or his designee to accept a grant fi.om the Texas Department of Public Safe~y Division on Emergency Management in the amount of $1,000 for television public service announcements during the 2003 Hurricane Season. 12.b. ORDINANCE NO. 02533~ Ordinance appropriating $1,000 fi.om the Texas Department of Public Safety Division on Emergency Management, in the No. 1050 Federal/State Grants Fund for television public service announcements during the 2003 Hurricane Season. 13.a. ORDINANCE NO. 025334 Ordinance authorizing the City Manager or his designee to execute an agreemem with Aeronautical Radio, Inc. to lease space containing approximately 56 square-feet located in the lower level of the terminal for the maintenance and operation of aeronautical communication equipment providing air/ground data communications to aircraft on the ground and en route within 200 nautical miles fi.om Corpus Christi, subject to compliance with all applicable federal, state, and local laws and regulations in consideration ofpaymem of $39.85 per square foot on a monthly basis for a term of up to twelve months. 13.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an agreement with Aeronautical Radio, Inc. to lease space containing approximately 56 square feet located in the lower level of the terminal for the maintenance and operation of aeronautical communication equipment providing air/ground data communications to aircraft on the ground and en route within 200 nautical miles from Corpus Christi, subject to compliance with all applicable federal, state and local laws and regulations in consideration of payment of $39.85 per square foot on a monthly basis for a term of up to five years. Mayor Neal opened the discussion on item 5 regarding a construction contract for the Kostoryz Lift Station. Council Member Scott asked,what impact, if any, this transaction would have on development opportunities in this area. Mr. Angel Escobar, City Engineer, replied that the transaction would improve development opportunities because it would eliminate four lift stations to build one large lift station. Assistant City Manager Ron Massey added that the new lift station will divert some of the flow going to the Oso Plant into the Greenwood Plant. City Secretary Chapa polled the Council for their votes and the following motion passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". -4- Minutes - Regular Council Meeting June 10, 2003 - Page 5 MOTIONNO. 2003-205 ~ Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation ofGonverse, Texas in the amount of $1,841,249.88 for the Kostoryz Lift Station and Force Mai~as. Mayor Neal referred to the' the Corpus Christi Economic Devl called the New Markets Tax Crc, Council that the new program was ~, federal tax credits to a designated ~resentations on the day's agenda. The first presentation was by ',lopment Corporation (EDC) regarding a new federal program lits. Mr. Ron Kitchens, President of the EDC, informed the imilar to the Renewal Community program in that it grants 39% area within the community. Unlike the Renewal Community program, Mr. Kitchens stated that ae New Markets program much simpler to use. The goal of the program is to provide incentives for investment in areas designated by the federal government, by census tract, as low to moderate income. He said that this area would include the majority of the city limits, much of the area serviced by the Port of Corpus Christi in Nueces and San Patficio counties, and the industrial districts. He said that the tax credits are awarded in annual competition taking place every September. Mr. Kitchens stated that the EDC was proposing to submit an application to form an organization eligible to receive the tax credits. He said that the requested amount of tax credits would be in the range of $80 million. He commented that an added benefit was that the New Markets Tax Credits could be used in addition to the Renewal Community tax credits, making it possible for new development to receive nearly 80% in tax credits if successful. Mr. Kitchens stated that the Port of Corpus Christi had already endorsed the program, and that the EDC was now seeking the Council's endorsement. City Manager Noe added that there was a cost associated with the program, and that Mr. Kitchens had been very assertive about raising private sector dollars in excess orS 150,000 to pay for the legal and planning costs involved. He said that the city and the Port of Corpus Christi were being asked to jointly contribute $75,000, so the city's share would total approximately $37,500. Mr. Noe said that there were monies set aside in the CDBG administrative budget for this project, and a future council action would be scheduled authorizing an agreement with the EDC to participate in this project. The total estimated cost of the project was $200,000. Council Member Noyola asked Mr. Kitchens to meet with him to discuss the program in more detail. Council Member Scott offered Mr. Kitchens the assistance of the city's Washington D.C. lobbyist to further their cause. The last presentation item was a quarterly update on Solid Waste Services. Mr. JeffKaplan, Director of Solid Waste, discussed on the distribution plans for the second phase of the automated garbage service program, to begin in September 2003. He said that 21,000 households would be added to the automated routes in Phase II, for a total of 54,000 households. Additionally, he said that 18 more positions had been eliminated through attrition, for a total automation savings of 54 FTEs. In accordance with the recommendations made by Gershman, Brickner & Bratton Inc. (GBB), the city' s solid waste consultant, Mr. Kaplan stated that all routes will be placed on a six-day schedule (M-Th, T-F, W-S). He also said that yard waste will be co-mingled with residential waste, per GBB's recommendation. Mr. Kaplan reviewed the aspects of the community campaign that the Solid Waste department would be employing to inform the citizens about the changes. Mr. Kaplan discussed the pl~ans for Phase III of the automated garbage service program, to --5-- Minutes - Regular Council Meetirlg June 10, 2003 - Page 6 be implemented in FY 04-05. In P}lase III, the 21,000 remaining customers would receive carts and the routes would continue to be se~iced by semi-automated equipment, in accordance with GBB's recommendations. Mayor Neal asked Mr. Kal~lan how those customers requesting "back door service" would affect the implementation of automated garbage service. Mr. Kaplan replied that "back door service" routes have been established using semi-automated service to accommodate those individuals. Council Member Garrett asked if the 18 eliminated positions were primarily temporary employers. Mr. Kaplan replied lfhat these were permanent positions that had been eliminated through attrition. Assistant City Manager Massey added that the department had found it difficult to keep these positions filled beca~use they were low-paying, thus requiring the use of temporary employees. Mr. Garrett asked how the department handles those customers who lay additional trash next to their cart. Mr. Massey replied that they are issued a notice to remind them to either place their trash in the cart or request an additional cart. He said that the goal was to encourage customers to use the cart. Finally, Council Member Garrett asked that when the final phase of the automated garbage service was implemented, would there be any areas in the city that would not have automated service? Mr. Kaplan replied that every household would receive a cart, and that 80% of the households would receive automated service. The remainder of the households would receive semi-automated service. Council Member Colmenero asked if the city had encountered any problems with automation. Mr. Kaplan replied that areas intensely packed with parking, cul-de-sacs and other situations that impede the ability of the trucks to reach the driveways would receive semi-automated service, amounting to approximately 20% of households. Council Member Cooper asked if the city had realized a reduction in work-related injuries because of the automation. Mr. Kaplan replied affirmatively, but said that worker safety and training was still a focus. Mr. Kaplan reviewed the recycling operation, providing four options the city could consider to rejuvenate the program. The first option was to continue the existing recycling program, consisting of a pick-up frequency of every two weeks with separate recycling collection, budgeted for FY 03-04 at $982,000. Mr. Kaplan stated that there are approximately 17,000 customers participating in the program, or 23%. The state's suggested goal was 40%, but this was not mandated. Council Member Kinnison asked about including commercial recycling in the program. Mr. Kaplan replied that commercial recycling was possible, but would require an citywide ordinance requiring that the material be separated and collected separately. He also said that the city would need to partner with the private sector to be successful. Mr. Massey added that outside haulers like BFI provided service to commercial accounts primarily for recycling cardboard. Council Member Scott asked if a program would be implemented to encourage recycling. Mr. Kaplan replied that staffwas encouraging citizens to recycle in one way by stressing that the benefits of recycling over purchasing an additional cart. Mr. Kaplan also said that the 40% goal set by the state was based on landfill diversion, not participation rates. Other states with successful programs, like California, have more commercial participation with state-mandated goals and more federal incentives. The reduced service level program (Option 1) would still provide eurbside service with a reduced frequency of once a month. Mr. Kaplan reported that the projected annual cost of this program would be $694,273,55% of the current cost. The enhanced service level program (Option 2) would move to once a week recycling and garbage pick-up, beginning with a pilot program. He --6-- Minutes - Regular Council Meetin~ June 10, 2003 - Page 7 said that each household would r{ceive two carts but the recycling cart would have a different colored top. He added that the rec2~cling would be separated at an enhanced sorting facility, not by the customer. In response to Mr. K[elly's question, Mr. Kaplan said that although the city has made tremendous strides in recycling, tlhe success of the program would benefit from more state and federal assistance. Finally, the last option he p~esented was a new program (Option 3) which would transition from curbside to drop off center. T[he program would require that five centers be built over a five- year period. Council Member Sc(~tt asked if the new program would further decrease recycling participation rates. Mr. Kaplan responded that this option could be used in combination with other options. He said a benefit to this p~ogram would be location and availability. The facilities would be open seven days a week, ten hohrs a day. In addition, the resident would not have to store the material for a period of time and the sites would accept more materials besides recycling (e.g. brush and hazardous household waste). Mr. Kaplan briefly reviewed the re-engineering of the brush collection program, which included a six-day work week and a five-week cycle throughout the city. He highlighted modifications to the Cash for Trash program, primarily by eliminating carpet collection. Finally, he provided a status on the Househeld Hazardous Waste events, curbside bulky item collection and the Litter Critter Program. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public heating on the following zoning case: Case No. 0503-02, Robert !. & Earlene B. Jones: A change of zoning from a "FR" Farm- Rural District to a "RE" ReSidential Estate District on 2.00 acres out ora 28.9767 acre tract deeded to Richard Hesse, Document #2002036700, Nueces County, Texas and also out of Lots 15 and 16, Section 25 on Flour Bluffand Encinal Farm and Garden Tracts, located east of Airline Road and approximately 650 feet north of Yorktown Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "RE" District. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Council Member Kelly asked if there was any way to avoid the "panhandled" lot that would be created by this development. Mr. Gunning said that in this specific instance, this type of lot would not be problematic. However, he acknowledged that panhandled lots were not ideal and should be restricted more by the city's codes. Mr. Chapa declared an emergency and polled the Council for their votes. The following ordinance was passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 025335, Amending the Zoning Ordnance upon application by Robert I & Earlene B. Jones by changing the zoning map in reference to 2.00 acres recorded in Document No. 2002036700 Minutes - Regular Council MeetiSg June 10, 2003 - Page 8 Nueces County, Texas andiFlour Bluff and Encinal Farm and Garden Tracts, Lots 15 and 16, Section 25, from "F-R" Farm-Rural District to "R-E" Residential Estate District; amending the Comprehensive Plan t~ account for any deviations from the existing Comprehensive Plan. Mayor Neal referred to Ite public hearing on the following zc Case No. 0403-05. B&EC District to a "R-lB" One. Dwelling District on Tracl n 18, and a motion was made, seconded and passed to open the ning case: ?armership, Ltd.: A change of zoning from a "F-R" Farm-Rural family Dwelling District on Tract 1 and "R-lC" One-family 2 on Flour Bluff and Encinal Farm and Garden Tracts, being 36.631 acres out of Lots 21 ~and 22, Section 19, located south of Wooldridge Road and Wind Hollow Drive Intersectiom City Secretary Chapa said 'the Planning Commission and staffrecommended the approval of the "R-lB" District on Tract 1 and "R-lC" District on Tract 2. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Cooper. The motion passed. Council Member Scott asked the following questions regarding this case: 1) would the wooden bridge over the drainage ditch be replaced; 2) would Wooldridge Road support the additional traffic; and 3) does the drainage ditch have the capacity for this new development. Assistant City Manager Massey said that the bridge was on two lists for replacement, either by the storm water improvement budget or by TxDot, and was a long- term project. He replied that the drainage ditch does have the capacity to work with this new development. Finally, Mr. Massey said that Wooldridge Road can support the additional traffic. Mr. Chapa polled the Council for their votes, and the following ordinance was passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". 18. ORDiNANCE NO. 025336 Amending the Zoning Ordinance upon application by B & EC Partnership, Ltd., by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 36.631 acres out of Lots 21 and 22, Section 19, from "F-R" Farm-Rural District to "R-lB" One-family Dwelling District on Tract 1 and "R- 1C" One-family Dwelling District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0503-01, J. Patrick Moran, MD: A change of zoning from a "R-lB" One-family Dwelling District and "A-2" Apartment House District to a "B-4" General Business District on Flour Bluffand Encinal Farm and Garden Tracts, being 32.521 acres out of Lots 1,2, and 3, Section 11, located south of Saratoga Boulevard, approximately 800 feet east of South Staples Street. -8- Minutes - Regular Council Meetin~ June 10, 2003 - Page 9 City Secretary Chapa said ~at the Planning Commission and staffwere recommending the approval of the "B-4" District. Nc]one spoke in opposition to the zoning change. A motion was made, seconded and passed to clo~e the public hearing. Council Member Kinnison asked if staff knew what type of development w~ planned. Mr. Gunning replied that he did not know but thought it would be some type of retail deve~lopment. Mr. Kinnison asked what could be done to restrict the type of signage used. Mr. Gunning answered that staff was working on set of recommendations regarding "B-4" signage at the endlof the month. City Secretary Chapa declared an emergency and polled the Council for their votes. The following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott; voting "Aye". 19. ORDINANCE NO. 025337 Amending the Zoning Ordinance upon application by J. Patrick Moran, M.D. by changing the zoning map in referenceito 32.521 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Lots 1, 2 and 3, Seotion 11 from "R-lB" One-family Dwelling District and "A-2" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Mayor Neal deviated fi.om the agenda and referred to Item 21, and a motion was made, seconded and passed to open the pablic heating on the following zoning case: Case No. 0403-06, F & S FoOd Inc.: A change of zoning from a "R-B" One-family Dwelling District to a "B-1" Neighborhood Business District on Gardendale Unit 2, Block 5, Lots 14 and 15, located south of Curtis Clark Drive and 220 feet west of South Staples Street. City Secretary Chapa said that the Planning Commission was recommending a denial of the application. However, staffwas recommending the denial of the "B- 1" District, and in lieu thereof, approval ora special permit for a parking lot subject to six conditions. Mr. Gunning explained that when the case came before the Planning Commission, the applicant was out-of-the-country, and his representative, Mr. Clark Flato, did not have the authority to accept the compromise. Thus, the Planning Commission denied his request. However, Mr. Flato, 4321 Floyd, said that he had since spoken with the owner, who was amenable to the special permit. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa declared an emergency, and polled the Council for their votes. The following ordinance passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 21. ORDINANCE NO. 025339 Amending the Zoning Ordinance upon application by F & S Food, Inc., by changing the zoning map in reference to Gardendale Unit 2, Block 5, Lots 14 and 15, (currently zoned "R- lB" One-family Dwelling District) by granting a Special Permit for a parking lot subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. --9-- Minutes - Regular Council Meeti~g June 10, 2003 - Page 10 Mayor Neal deviated fi.om the agenda and referred to Item 22, and a motion was made, seconded and passed to open the 1}ublic hearing on the following zoning case: _Ca.se No:_0403-03, L~,,, ~il, Jas De Corte Real: A change of zoning fi.om a "I-2" Light Industrial District to a R~ Multiple Dwelling District on Mid-Town Industrial Disla'ict, Block 1, Lots 62, 63 and 64~ located south of Bear Lane between CliffMaus Drive and South Navigation Boulevard. City Secretary Chapa noted that the applicant was requesting to postpone this item until October 14, 2003. Council Member Noyola made a motion to table the item, seconded by Council Member Colmenero. The motion passed unanimously. 22. TABLED UNTIL 10/14/03 Mayor Neal deviated fi.om the agenda and referred to item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0403-01, Albert 1~. Villarreal: A change of zoning fi'om a "AB" Professional Office District to a "B- 1" Neighborhood Business District on Southwood Subdivision, Block 1, Lot 7, located on the south side of Gollihar Road, approximately 280 feet west of Kostoryz Road. City Secretary Chapa said that the Planning Commission was recommending the denial of the "B-l" District, and in lieu thereof, approval of a special permit for a mattress retail/clearance sales business and enclosed storage of mattresses subject to nine conditions. He said that staffwas recommending a denial. Mr. Gunning said that staff was against the change in zoning because it would extend a commercial use into the existing neighborhood and because heavy trucks would be delivering mattresses, damaging the frontage road. He said that the applicant was in agreement with the Planning Commission's recommendation for a special permit. Mayor Neal asked for public comment. Mr. Albert Villarreal, the owner of Mattress Clearinghouse at 3129 Gollihar, said that the site had historically been used for retail purposes and he did not know that he did not have the proper zoning. He said that he has the neighborhood's support to remain in business on this site. Mr. Villarreal added that he maintains his property well and overall was a good neighbor. He said that he was in agreement with the conditions of the special permit except for condition 8, which would limit the size of delivery trucks to one ton, and asked it would be possible to amend this requirement. Mr. Charles Nichols, 1547 League Lane, spoke in support of the applicant. A motion was made, seconded and passed to close the public hearing. Council Member Colmenero spoke in support of the applicant's request. Council Member Noyola spoke in support Minutes - Regular Council Meetin~ June 10, 2003 - Page 11 of the Planning Commission's reco the Planning Commission's recom Condition 8 regarding the one-ton made deliveries to his business, but commented that the road was not, asked how long the truck had been ~ had been taking place for 18 month: there had been no complaints made street. Council Member Kelly aske he was leasing the property fi.on authorized Mr. Villarreal to spea~ frequency of the deliveries. nmendation. Council Member Cooper also spoke in support of nendation, but asked Mr. Villarreal if he was willing to accept trucks. Mr. Villarreal explained that a four-ton delivery track he would be willing to work around this if needed. Mr. Gunning lesigned to sustain that much weight. Council Member Kelly lelivering to the business. Mr. Villarreal said that the deliveries ~. In response to Mr. Kelly's question, Mr. Gunning replied that to him about the truck nor was there any visible damage to the cl if Mr. Villarreal had the authority to request this change since Albert Huerta. Mr. Gunning replied that Mr. Huerta had on this matter. Council Member Noyola asked about the Council Member Cooper m~de a motion to amend Condition 8 of the Planning Commission's recommendation for a special perlnit to allow for a four-ton vehicle and it was seconded. The motion passed unanimously. City Secretary Chapa declared an emergency and polled the Council for their votes. The following ordinance passed as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 20. ORDINANCE NO. 025338 Amending the Zoning Ordigance upon application by Albert R. Villarreal by changing the zoning map in reference to $outhwood Subdivision, Block 1, Lot 7, (currently zoned "AB" Professional Office District) by granting a Special Permit for mattress retail/clearance sales store subject to nine (9) conditions; amending the Comprehensive Plan to account for any deviations fi'om the existing Comprehensive Plan. Mayor Neal called for a fifteen-minute recess. The Council returned from recess, and Mayor Neal deviated fi.om the agenda and opened discussion on Item 24 regarding the city's health insurance program. The Council had a number of concerns, including the following: Cost for stop loss insurance for each proposal; differences in the plan years shown; and an explanation of the term "nonaggregated claims expense" in the Entrust proposal. A discussion and detailed analysis ensued. Council Member Chesney commented that the Council had been told that they did not receive good numbers for the Entrust proposal. He asked Mr. David Jacobson with Entrust to indicate which specific costs he disagreed with in the committee's evaluation. Mr. Jacobson replied that there were two specific costs that he felt should not have been included in the report. First, the inclusion of an $8.57 per month nonaggregated claims expense, totaling $335,567, was counted twice, resulting in a higher bottom line number. Mr. Keith McNeely with McGriff, Siebels and Williams, Inc., the city's health insurance consultant asked Mr. Jacobson what made up the $8.57. Mr. Jacobson responded that the $8.57 was comprised of the $3.25 per claims transaction fee plus the $1.92 network provider cost plus the $3.50 dental admininstration cost. Mr. McNeely responded that if that were the case, then the $8.57 was included twice in the report. By including this amount -11- Minutes - Regular Council Meetifig June 10, 2003 - Page 12 only once, the total fixed costs for Entrust would be decreased by approximately $333,000. Ms. Lee Ann Dumbauld, Director of FinanCial Services, pointed out that the third column fi-om the right on the report the Council had just bee~ provided reflected total fixed costs without the non-aggregated claims expense, or $941,848. The second cost which Mr per claim. Mr. McNeely replied t fi-om its administrative costs. The r claims (at $3.25 per claim), which Jacobson did not feel that this cost Jacobson disagreed with was a claims transaction fee of $3.25 lat no other company, in his experience, separated this amount umber of claims Mr. McNeely estimated for the year was 56,000 :quated to $182,000 of costs added to the Entrust proposal. Mr. ;hould be included as a fixed cost, but rather should be included as a claims expense. Mr. McNeely commented that ultimately, this expense must be paid, regardless of where it was included. This cost, however, was not included in Entmst's proposal as either a fixed cost or claims cost. Mr. Jacobson also stated that Entrust used a monthly fee for pre-certification of $1.15 per month per transaction, whereas the city showed $1.23 per month per transaction. This would lower Entmst's total (excluding non-aggregating claims expense) by approximately $3,000, or $938,484. Mr. Jacobson then disputed the number of claims used to derive the $182,000 or 56,000 claims per year. He felt the number of claims averaged 4,000 per month, which equates to 48,000 claims per year. Ms. Dumbauld clarified that actual transactions were now running 72,000 claims per year, which would equal $234,000. This $52,000 would increase Entmst's fixed costs to approximately $991,000 ($938,484 plus $52,000). Mr. Jacobson also took issue with the inclusion of a prescription drug administration expense listed under PBM (Prescription Benefit Management) fees, saying that this cost was included in the administration of health benefits. Mr. McNeely replied that prescription drug administration was not included in the PBM fees. Rather, this category included an administrative charge applied on a per script basis through Walgreen's of 40 cents, which Entrust listed in their proposal. The Council discussed the gross physicians claims amount that was shown for Christus Spohn. Mayor Neal asked for clarification of the discount percentage for physicians that Humana was offering. Mr. McNeely answered that Humana was offering a 45% average bill discount while Spohn was offering a 35% discount. Council Member Chesney referred to an Entrust report that had been circulating which showed that Spohn was in fact offering a 43.96% physician discount rate. Mr. McNeely replied that the report was using paid claims and not gross claims as the base number to obtain the 43.96%. He stated that it did not include the amounts that the employees had already paid, so it was not a tree representation of the discount. Mr. McNeely concluded that Humana offered approximately $800,000 in savings over Entrust (using the Spohn network), primarily based on the savings differential on the physician side of the network. Mayor Neal observed that it was now time for public comment for items not on the agenda. He asked to postpone the discussion on item 24 so that it could take place. Mayor Neal called for petitions fi-om the audience. Mr. John Torrey, 7253 Yaupon Drive, -12- Minutes - Regular Council Meetin~ June 10, 2003- Page 13 spoke regarding a letter he had se~t the Council about problems with the enforcement of the solid waste haulers' permit and alleged ~xemptions on insurance for some haulers. Mr. Jim Lotspeich, 728 Sea Breeze, Mr. Luciano Olfvera, 3519 Olson, Mr. Vance Dawson,416 Highway 181 in Gregory, TX, and Ms. Phyllis Hatcher also spoke about problems with the solid waste haulers' permit. Assistant City Manager ROn Massey replied that two compliance officers will be hired to enforce the requirement for a permit. He said that initially, the Solid Waste department was attempting to educate the haulers o[a the requirements before penalizing them. He stated that Solid Waste was now ready to increase ~eir enforcement efforts. The Council asked Mr. Noe to respond to Mr. Torrey's letter in writing. Mr. Jerry Garcia, 1901 Lorltte, and Mr. Henry Saavedra spoke regarding problems with the enforcement of the by-laws of the Southside Pony League as they applied to disruptive parents. Council Member Noyola asked that staff meet with them to discuss the matter. Mr. Danny Noyola, 4410 Acushnet, reported that the Moody Neighborhood Association was moving to a citywide focus, changing their name to the Corpus Christi Barrios Association to reflect this difference. He thanked stafffor their efforts in furthering neighborhood economic development. Mayor Neal re-opened the discussion on item 24 regarding the city's health insurance program. Council Member KinnisOn commented that today's recalculations and controversies over the numbers were irrelevant in matay respects because what was binding was what the companies cited in their original proposal. COuncil Member Garrett asked for information on the following questions: 1) what would be the employees' out-of-pocket maximum; 2) what would the co-pay be for prescriptions and office visits; 3) by what percent would health care increase; and 4) after the contract between Spohn and Humana expired in eighteen months, would Spohn renew. Ms. Dumbauld replied that the out-of~pocket maximum would double from $1,000 to $2,000 for employee only coverage and from $3,000 to $6,000 for employee and family coverage. Ms. Adria Schrieber-Garza, Senior Analyst for Risk Management, said that co-pays for office visits and prescriptions would increase by $5 ,across the board: fi.om $15 to $20 for an office visit, fi.om $5 to $10 for generic drugs, from $30 to $35 or 30%, whichever was higher, for name-brand drugs. She said that health insurance costs would increase by 20% for civilian employees and 23% for Police and Fire in FY 04. In regard to the contract between Spohn and Humana, Ms. Dumbauld replied that Humana has agreed that if the number of hospitals and physicians does not remain consistent with their proposal, the city would reserve the right to do another RFP. Council Member Chesney asked Mr. McNeely if the team were to give Entrust every deduction it had asked for, would Humana still offer a better deal financially. Mr. McNeely said that based on the information provided in the proposals and the analysis that had been completed, Humana offered the better deal. In response to Mr. Chesney's question, Ms. Dumbauld said that the actuarial report in October 2002, with March 2003 revisions, had projected increases of 14.5% in FY 03 and 16% for FY 04. However, the actual increase as of May 31, 2003, compared to FY 02, was 27.4%. City Manager Noe added that, unfortunately, staffhad made optimistic assumptions over the past two years which did not bear out. Council Member Scott asked staffto address a concern that the one major claim this year in the Police Department was the cause of the increases because the city was seeking to recoup its -13- Minutes - Regular Council Meeting June 10, 2003 - Page 14 losses from the rest of the employers. Ms. Dumbauld replied that for the last two years, the city has been fortunate that there had been pnly one very large claim per year. She said that the actuary has stated that an organization of the city's size and demographics should see three to four very large claims in any given year. She concluded that this year was more the norm, accounting for the increase. Council Member Scott observed that the city was $1,000,000 in the red in the Citicare plan alone. Mr. Chesney asked if Humana had a full-time medical director with a local office. Mr. Rob Hitchcock, President of Humana, replied that Humana had two full-time medical directors located in San Antonio and Austin (regional director for commercial products) and a local part-time medical director who also worked for Christus Spohn. Mr. Chesney asked Mr. Hitchcock why Humana's TPA costs were so much higher than the other proposers. Mr. Hitchcock replied that Humana had an infrastructure in place which worked to provide those extra services that made their company a good deal. He also cited the costs associated with the enhanced oversight they experienced from outside agencies because they are an insurance company, not a TPA. Council Member Chesney expressed concern that the city would be paying for Humana's overhead expenses when they did not directly benefit the city. Mr. Hitchcock replied that in his view, when the total benefit package was combined, the city was benefitting. He added that Humana would not dispute their costs because they were very straightforward. Council Member Cooper commented that she had received many calls from city employees who were concerned about this decision. She said that she would also be taking the quality of service and consistency into consideration, not just the cost of service. She asked Mr. McNeely why the city should chose Humana. Mr. McNeely replied that Humana would save the city approximately $5 million over five years and that employees will be able to use both the Spohn and HCA systems. Council Member Scott commented that the cost of the program was a primary consideration. If the city were to stay with Entrust, then the city would have to recoup the $1 million shortfall some other way, most likely through the employees. He felt that asking employees to pay $1,000 over five years would be unacceptable. He said that it would bother him if the city did not accept the savings that Humana was offering, with the added benefit that the employees would more than likely be able to keep their current physicians. Council Member Noyola stated that, like Council Member Cooper, he had been contacted by city employees who said they were satisfied with Entrust and did not want to change. He said that he had been contacted by employees with CCISD who had Humana insurance and said they were not satisfied. He stated that he thought the $1 million shortfall was due to a prior mistake made by staff. Council Member Colmenero asked about out-of-network physicians. Mr. McNeely replied that the employee could contact Humana about adding the physician to the network. If the physician does not want to join Humana's network, then Mr. McNeely said that the employee would have to decide whether to receive decreased benefits by continuing to see the physician or to change physicians. Council Member Kinnison commented that the quarterly report showed that the city lost $3 -14- 1 Minutes - Regular Council Meetir~g June 10, 2003 - Page 15 | million over nine months. He questioned whether the 20% increase would be enough to cover the shortfall. He concluded that due tb the current financial situation, it would be difficult to remain with the same plan because it was hot the lowest cost proposal. He added that in addition to being the low cost plan, the Humana pl~ offered employees more choice and quality service. He asked Mr. Noe to communicate with theiemployees about the upcoming changes in the plans because it would be simple to blame the increases on the change in insurance provider. Mayor Neal called for public comment. Mr. Tony Heep with Chrisms Spohn said that he thought the evaluation process waslflawed from the beginning because they did not provide the five- day comment period. He felt thatlsome of the evaluation results were unsubstantiated. He took issue with the number of physicians shown in the evaluation matrix, the claims experience shown, and the level of experience worki~ig with public entities. Mr. Steve Warner, CEO of the Corpus Christi Medical Center, spoke lin support of the evaluation process used to make this recommendation. Mr. David Jacobson with Efitrust provided the Council with a report summarizing his points of contention. He stated that he felt the $1 million in savings from the physicians claims touted in the evaluation results were overinflated because they included duplicate claims, ineligible charges, and non-covered claims. He contended that in reality, the Spohn system was similar in cost to the Humana system, so the difference between the two was negligible. A discussion and detailed analysis ensued regarding the report. Council Member Kelly asked Mr. Jacobson that, assuming that his contentions were accurate, why should the Council choose Entrust as the TPA over Boon Chapman, the highest scoring TPA. Mr. Jacobson replied that Entrust provided service that appeared to please the employees; performed weekly site visits; was the only TPA with a local office; handled claims quickly; and had a local medical director, among other reasons. Mayor Neal stated that due to the late hour, he asked to postpone the remaining items on the agenda for a later date, namely the budget presentation, the executive sessions, and the legislative update. Council Member Kiunison questioned Mr. Jacobson's figures showing that the city would save $12 million with Entrust. Mr. Jacobson said he based his figures on the presentation made to the Council on May 27, 2003, using his actual figures. Mayor Neal asked Mr. Jacobson to explain why he thought $6 million in charges were due to duplicate billing and ineligible charges. Mr. Jacobson said that it was the best explanation, but could be subject to other variables. He also said that he did not know why the city was using gross physician amounts instead of paid claims amounts, which were normally used. However, Mr. Tony Heep with Chrisms Spohn said that he wanted to dispel the notion that there was a significant amount of charges due to duplicate bills. Upon further discussion, Mayor Neal noted that the Entrust report which Mr. Jacobson had just distributed to the Council had physician costs classified as hospital costs, and that appeared to be the reason why the physician costs were lower. The total of the two costs, however, was very close to the numbers reflected on Chrisms Spohn's report. Mr. McNeely pointed out that physician discounts and hospital discounts are utilized by the networks and not the TPA. -15- Minutes - Regular Council Meetifig June 10, 2003 - Page 16 Mr. Jacobson concluded that the administrative costs quoted by Entrust were initially wrong, but had now been shown to be competitive for TPA services. He said that if the Council eliminated the physician discount which he was disputing, the costs between Spohn and Humana would be negligible. Thus, the choice for TIaA would be between Boon Chapman and Entrust, and he hoped the Council would consider reneming with them. In his closing remarks, Mri McNeely said that the evaluation was a team effort, completed in a fair and accurate way. He defended the accuracy of the evaluation results. He asked that the Council not only consider what was best for the city's bottom line, but also to consider what was best for the employees. Council Member Chesney asked Mr. McNeely if he was 100% confident that the Humana plan would provide the same coverage that the employees had now and would realize approximately $1 million in savings. Mr. MeNeely said he would put his professional reputation on the line regarding the accuracy of the numbers. Assistant City Secretary Juarez polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison and Scott, voting "Aye"; Cooper and Noyola, voting "No". 24. MOTION NO. 2003-210 Motion authorizing the development of a three-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and Humana Health to administer the City's self- funded health, dental, and vision benefits plans; to provide and administer a health services network; and to provide pharmacy benefits management through Advance PCS. Mayor Neal called for the City Manager's report. City Manager Noe said that he did not have a report. Mayor Neal called for Council concerns and reports. Council Member Colmenero asked Mr. Noe for a report from the Chief of Police on what transpired yesterday with the Southside Pony League. He asked that the Park and Recreation department provide copies of the lease agreement for the park used by the Southside Pony League. He congratulated Mr. Noe on his report for Channel 10. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 10:10 p.m. on June 10, 2003. -16- 2 ARTS & CULTURAL COMMISSION - - Five (5) vacancies with terms to 9-01-03, 9- 01-04 and 9-01-05 representing the following categories: 1 - Business Development, 1- Dance, 1- Economic Development/Tourism, 1 - Drama and 1 - Education/Youth. (Mayoral appointments stlbject to confirmation by Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the l~eautification or cultural development of the City; to advise owners of private propertF in relation to beautification of their properties; to prepare specifications for the maigtenance of works of art and to inspect such work for the guidance of the City departments concerned. COMPOSITION SUMMARY: Seventeen (17) members appointed by the Mayor subject to confirmation l~y the Council for three-year terms to provide advice on beautification and cultural ~levelopment of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative each from Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Chamber of Commerce, and the Hispanic Chamber of Commerce. MEMBERS TERM Chuck Anastos (Architectare), Chairman 9-01-05 Linda Avila (Texas A&M-CC), Vice-Chairman 9-01-03 Deborah Fullerton (Visual Art) 9-01-04 Armando Camina (Public An / Public Space) 9-01-05 Elia Gutierrez (Civic Leader) 9-01-04 Ricardo Sanchez (Marketing) 9-01-03 **Sheila Rogers (Business Development) 9-01-03 **Cynthia Alcorta (Dance) 9-01-04 Dennis Kemmerer (Education/Youth) 9-01-04 *Anna Mereado Flores (Economic Dev./Tourism) 9-01-05 Elizabeth Reese (Public Arff Public Space) 9-01-03 Anne Stewart (Del Mar College) 9-01-02 *Tracie Rodriguez (Education/Youth) 9-01-03 **George Balli (Drama) 9-01-04 Norma Urban (Economic Dev./Tourism) 9-01-03 Colin Sykes (Music) 9-01-04 Daiquiri Richard (Marketing) 9-01-03 ORIGINAL APPTD. DATE 12-12-00 2-22-00 8-24-99 10-08-02 2-22-00 2-29-00 8-24-99 11-13-01 12-08-98 4-23-02 8-24-99 11-13-01 11-13-01 8-24-99 10-08-02 12-12-00 10-08-02 *Resigned **Has exceeded the number of absences allowed by ordinance -19- ATTENDANCE ]~,ECORD OF MEMBERS SEEKING REINSTATEMENT NO. OF MTGS. NO. % OF ATTENDAN( NAME THIS TERM PRESENT LAST TERM YEAk Cynthia Alcorta (Dance) George Balli (Drama) 9 4 44% 5 1 2O% Note: Cynthia Alcorta (D~nce) and George Balli (Drama) have requested that they be considered for reinstatement to the commission. Ms. Alcorta absences were due to conflicts with her tutoring ~chedule. Mr. Balli's absences were due to health problems. OTHER INDIVIDUALS Isabel Arraiza EXPRESSING INTEREST Ph.D. candidate in Sociology, Boston College. Member of the American Sociological Association. Proponent of multicultural art in our community. Recipient of Latino Scholar Award from Boston College in Spring 2001 .(9-07-01) David Barganski Dale D. Berry Financial Consultant, A.G. Edwards. Graduate of Simon High School with Honors. B.B.A. with Finance Major from Texas A&M - College Station. (6-12-03) Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include: Beautify Corpus Christi and the Association of Fund Raising Professionals. (1-24-02) Willie Campbell Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving his community.(6-11-03) Edgar Farrera Self-employed Architectural Consultant. Master's degree in Architecture from U.T. Austin. Peer Panel member of the Arts & Cultural Commission. Former Director of the Columbus Fleet Association from 1992-94. (8-01-01) -20- KevinFerrau AlmiraFlores Linda O. Gibbson DeAnn Gould-Lancaster Asset Manager, Citgo Refining & Chemicals. M.B.A. from Pepperdine University; B.S. in Chemical Engineering, California State Polytechnic University. Community activities include: Padre Soccer League Board member, Director of Player Development and Coach; City of Corpus Christi Park and Recreation Department Volleyball League player. (3-08-02) Radiology Technician, No~h Bay Hospital. Graduate of Spohn Hospital School of Radiological Technology. Professional and community activities include: Hispanic Women's Network of Texas (past president) and the Coastal Bend Society of Radiologic Technology, and Vice-Chair on the State Board of Hispanic Women's Network of Texas. Recipient of the Las Estrellas Award (Hispanic Women's Network). (8-09-02) ' Artists Representative. Associates degree (Medicine). Coordinates and participates in weekly life drawing class at Art Center of Corpus Christi. Volunteers as a docent for South Texas Institute of the Arts. Board member of Padre Island Enrichment Women's Club. Employed by opera company prior to relocating to Corpus Christi. (6-12-03) Arts Manager/Consultant (self-employed). M.A. in Arts Management, University of Illinois B Springfield; B.A. in Political Science with a minor in Sculpture, Clarion University of Pennsylvania. Professional and community activities include: American Association of Museums, National Association for Museum Exhibition, and New Neighbors League. (8- 05-02) 06-17-03, p. 3 -21- Brian York Grant James Jones, Ph.D. Lynda A.J. Jones Shawnee Jones-Borme~te Diane LaRue Chad Luhan Director of Critical Care, Chrisms Spohn Health System. Educated in England with degrees in Nursing Management from the Oxford College of Technology. Member of Del Mar College Nursing Advisory Board. Singing Member of Corpus Christi Chorale. (9-o7-ol) Retired Professor of Management, Del Mar College. Ph.D. from University of North Texas; M.B.A. from Texas A&M-Corpus Christi. Recipient of the President's Award from the Hotel Motel Condo Association for significant contributions to the hospitality indusU-3.(*-13-01) Fine Arts Teacher, Carroll High School. Part-time Assistant, W Studio. Co-owner, AWPB - Web Page Builder, web page design and hosting. B.A. in Education with major in Art and minor in English. (6-18-01) Dance educator & choreographer, Del Mar College. B.A. in Dance, University of Houston - Clear Lake. B.Ed. with Dance specialization, University of Houston - Main Campus. Serves as a Teacher/choreographer for Corpus Christi Ballet and Harbor Playhouse. Activities include: Del Mar College Cultural Programs Committee Chair (1999-2000) and C.C. Grant Review panelist (1999). (~}-$0-01) Account Representative, Interspace Airport Advertising. A.S. in Business Administration from Peirce College and various courses from Temple and LaSalle University. Active in Corpus Christi Leadership Class XXIX. (10-07-02) Project Controls, Bay Ltd. B.S. in Enviromental Biology from Texas A & M University - Corpus Christi. Pursing a Master's in Business Administration. Member of the Padre Island Business Association and a Youth Minister at St. 06-17-03, p. 4 -22- J. Don Luna Scott McGill Molly Merkle Joe W. Oliver Gustavo Valadez Ortiz, Ed.D. Kacie Sicilia Andrews by the Sea. Prior involvement in C.C.Yes Surfers for Packery Channel and Beautify Corpus Christi. (4-09-03) Associate Professor of Theater, Texas A&M -Corpus Christi. M.F.A. in Acting and Directing, Univemity of Arizona. Extensive experience acting and directing for theater and film. (4-04-05) (Drama or Texas - CC) Self-employed. Has a degree in English and Liberal Arts. Member of the Art Museum of South Texas. Lifelong interest in art and photography. (5-14-03) Completing her senior year in Fine Arts program at Texas A&M - Corpus Christi. Serves on the Board of Trustees at South Texas Institute for the Arts. Artist at W- Studio with Bill Wilhelm. (9-10-01) Inspection Supervisor, Citgo Refining & Chemical. B.S. in Mechanical Engineering, University of Texas at Austin. Professional activities include: American Society of Mechanical Engineers and a Registered Professional Engineer in Texas. Volunteers with youth sport organizations. (3-08-02) President, Del Mar College. Ed.D. in Higher Education Organization; M.A. in Mathematics and Spanish Literature; B.A. cum laude in Mathematics. Has served on the Fine Arts Commission in San Jose, CA, and the Cultural Affairs Advisory Board and the Advisory Council on Latino Affairs in Chicago. (12-2.~-02) Sales Manager, Holiday Inn - Emerald Beach. Attended Bossier Community College in Louisiana. Activities include: Human Society, Women's Shelter and Cancer Awareness Efforts. Received the HSMA President's Award and HMCA President's Award in 1999-2000. (10-24-02) 06-17-03, p. 5 -23- Marilyn K. Spencer Sharlene Sexton Jennifer Anne Taylor Van P. Villa Brian Watson Director of Centers for Academic Success & Advising, Texas A&M University - Corpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor force issues and local community consumer confidence. (12-05- O2) Deputy Executive Director, Corpus Christi Housing Authority. M.A. in Human Resource Development and Business Management, Webster University. Has 25 years of military service. Member of Leadership Class XX. (2-26-03) Executive Director, Family Outreach. M.A. in Arts Policy and Administration, Ohio State University; B.A. in Art History, University of South Carolina. Served as a grant panelist for the Idaho Commission on the Arts (ICA) reviewing and evaluating grant applications. Has ten years experience in project management, grant writing and corporate and foundation relations. (8-12~ O2) Received B.A. in French and M.A. in French Literature. Member of the Ballet Nacional, Asian Museum and the Carroll Choir Booster Club. (3-05-03) Freelance photographer, writer and journalist. B.A. in Managerial Studies, Rice University. Numerous academic awards: President's Honor Roll at Rice University, National Dean's List and member of Phi Kappa Phi Academic Honor Society. 06-17-03, p. 6 -24- Larry L. Weingartner Megan M. Welch Carolyn Young Participant in the Community Leadership Development Program, receiving training in wide variety of areas affecting the disabled (transportation, housing, employment and advocacy). (11-26-01) Owner, Sonshine Photos. Active volunteer with the Art Center of Corpus Christi and Att Fest. Recipient of various fine art awards. One of his photographs is displayed in the White House. (8-07-02) Office Manager, Moffitt & Associates, Inc. BBA in Management from Texas A & M University- Corpus Christi. Activities in Amedcan Cancer Society, Driscoll Children's Hospital, Society of Human Resource Management, Society for the Advancement of Management and the Coastal Bend AIDS Foundation. (4-25-03) Candidate for Masters of Arts degree in Studio Art, Texas A&M-Corpus Christi. B.A. in Heating and Speech Therapy, University of Texas at Austin. Professional artist and licensed professional hearing and speech therapist. Active with the Art Museum of South Texas Board of Trustees, South Padre Island Chamber of Commerce. (9-27-02) 06-17-03, p. 7 -25- 3 COUNCIL MEMORANDUM -*~ECOMMENDATION: Motion approving a supply agreement for 10,000 plastic recycling bins in zcordance with Bid Invitation No. BI-0102-03 with SCL A-1 Plastics LTD, Brampton, Ontario based on low bid, for an estimated annual expenditure of $36,500, of which, $6,083.34 is for FY02/03. The term of the supply agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. These bins will be furnished by Solid Waste Services for use in the City-wide recycling program. Funds have been budgeted by Solid Waste Services for FY02/03. ****************************************************************************************** Background: Purpose: These bins will be distributed by Solid Waste Services and will be available as replacements and as additional bins for new accounts. The bins are eighteen gallon in size and composed of 50% - recycled plastic with an UV stabilized added to resist deterioration from sunlight. Bid Invitations Issued: Seven Bids Received: Three Previous Contract: Option to extend the previous contract was not exercised due to vendor's inability to maintain contract pricing. Pricing Analysis: Pricing has remained stable since the last contract. Award Basis: Low Bid Funding: Department Solid Waste Services Michae h~era, C.P.'M. )/ Procuremen and General/Services Manager Account 520130-1020-12512 Amount $6,O83.34 -20- CITY OF CORPUS CHRISTI PURCHASING DIVISION MARIA GARZA QUANTITY: 10,000 413012003 BID TABULATION B1-0102-03 RECYCLING BINS VENDOR UNIT PRICE SCL A-1 PLASTICS LTD BRAMPTON, ONTARIO J $3.65 TOTAL ~36~500.00 '~ BUSCH SYSTEMS BARRIE, ONTARIO 4.19 41,900.00 TULIP CORP. MILWAUKEE WISCONSIN 4.70 47,000.00 -30- 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for Colilert with IDEXX Distribution Inc., Vestbrook, Maine in accordance with Bid Invitation No. BI-0095-03 based on sole source for an estimated annual expenditure of $34,600, of which, $2,884 is for FY02/03. The term of the supply agreement shall be for twelve months with an option to extend fOr up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or hls designee. Funds are budgeted in FY02/03 by the Health and Water Departments. Background: Purpose: Colilert is uied by the Health and Water Departments to test water for bacteria. This testing~s required by the E.P.A. The Water E)epartment tests the water for the City of Corpus Christi. The Health Department is a regional testing lab and tests the water for various cities in the surrounding area. The Health Department charges these cities for the service and the fees are reimbursed to the City of Corpus Christi. Bid Invitations Issued: One Bids Received: One Previous Contract: ricing Analysis: The option to extend the previous contract was exercised requiring new bids to be received. Pricing has remained stable since the last contract. Award Basis: Sole Source The Water and Health Departments require two different tests to be performed to detect the presence of bacteria. Colilert is the only testing reagent that will perform both tests simultaneously; thereby eliminating multiple testing, the need for additional equipment, as well as reducing testing time from 72 hours to 24 hours. Coli~ert is only available from the manufacturer. Funding: Department Water Health Account Amount 520030-4010-31700 $1,140 520030-1050-00000-830885 1,740 Services Manager Total $2,884 -33- CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0095~03 COLILERT BUYER: MARIA GARZA 4/2/2003 ITEM 2. 3. 4. DESCRIPTION COLILERT, 200 TUBES/CS COLILERT, 200 BOTTLES/CS QUANTI-TRAY 100 QUANTI-TRAY 2000 TOTAL IQTY' I UNIT 48 CASE 63 CASE 3 CASE 2 CASE IDEXX DISTRIBUTION, INC WESTBROOK, MAINE UNIT TOTAL PRICE PRICE $620.00 $29,760.00 70.00 4,410.00 70.00 210.00 110.00 220.00 $34,600.00 -34- 5 Requested Council Action: 06/17/03 Alternate Date: 06/24/03 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of an asphalt application vehicle from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $91,197 of which $I,610.08 for FY02/03. The award is based on the cooperative purchasing agreement with HGAC. This equipment will be used by the Street Department. Funds are available through the Maintenance Services Fund. This trait is a replacement upgrade to the fleet. ****************************************************************************** Background Purpose: The asphalt application vehicle (AAV) will be used to repair potholes tt~roughout the City. It is a self-contained unit capable of mixing and applying tack oil and hot asphalt onto City streets. Utilization of the AAV will allow the Street Department to automate the manual process of pothole patching which now involves a work crew and two separate trucks. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments (HGAC). HGAC acts as a purchasing agent for participation members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price History: The City has not purchased this type of vehicle in the past. Funding: 550020-5110-40t20 FY02-03 (1 month) $1,610.08 The vehicle will be financed by the City's lease/purchase contractor. The estimated interest rate is 2.29%. The actual interest rate will be determined after delivery of the vehicle. The term of the lease is sixty months. The five year total, including principal of $91,197 and interest of $5,407.54 is $96,604.54. Mich; [}htrrera, C Procurement & Ger~ :al Services Manager -37- CITY OF CORPUS CHRISTi PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI-0125-d3 ASPHALT APPLICATION VEHICLE BUYER: ESTHER C. BARRERA VENDOR 1 HOUSTON FREIGHTLINERilNC. HOUSTON, TEXAS QTY UNIT PRICE TOTAL PRICE 1 $91,197.00 $91,197.00 -38- 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) trailer mounted vacuum machine from Equipment Southwest, Inc., Irving, Texas for the total mnount of $51,171. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The trailer mounted vacuum machine will be used by the Wastewater Department. This unit is an addition to the fleet. Funds have been budgeted i~ the Maintenance Services Fund in FY02/03. ****************************************************************************** Purpose: The vacuum machine will be used by the Wastewater Department. It is a mo)il vacuum unit that will be used at the various treatment plants for cleaning clarifier systems and lines. Basis of Award: This vehicle will be purchased through the cooperative purchasing agreement with the TLGPC. TLGPC is administered by the Texas Association of School Boards (TASB) and co-sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as mi independent agency awarding exclusive cooperative purchasing contracts for its members. Price Analysis: The City has not purchased a similar unit in the past. Funding: Wastewater Capital Outlay Item # 107 550020-5110-40120 ~ael Barrera, C.P.M. ~ fl~ Procurement & General Services Manager $51,171 -41- CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO. BI-0106-03 TRAILER MOUNTED VACUUM MACHINE BUYER: ESTHER C BARRERA VENDOR EQUIPMENT SOUTHWEST, INC. IRVING, TEXAS QTY UNIT PRICE TOTAL PRICE I $51,171.00 $51,171.00 -42- 7 Request Council Date: 06/17/03 Alternate Council Date: 06/24/03 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of 13,050 feet of 16" wrapped steel pipe in accordance with Bid Invitation BI-0107-03 from Texas Pipe & Supply, Corpus Christi, Texas, based on low bid for a total of $209,191.50. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY 02-03. BACKGROUND: Purpose: The Steel pipe will be installed by the Gas Department ConStruction crews, it will be a part of the Southside gas transmission main from State Highway 44 to McKinzie Road. Bid Invitations Issued: Nine Bids Received: Six Basis of Award: Low' Bid Price Analysis: The City purchased approximately 8,500 feet of 16" wrapped steel pipe in July of 2002 for a unit price of $18.00 per foot. The recommended price is $16.03 per foot. The City has an annual contract for this type pipe in sizes from 1" to 8". The larger sizes are purchased on an as needed basis. Funding: Gas Department: 520160-4130-34130 ic ael era, . rocurement and General Serwce$ Manager $209,191.50 -45- City of Corpus Christi Purchasing Division Bid Tabulation BID INVITATION N~O. B1~0107-03 16" x .375" Wall W~apped Steel Pipe Quantity: 13,050 f~et June 05,2063 Item Vendor Unit Price Total 1 Texas Pipe i& Supply Co. Corpus Christi, Texas 2 Bart Pipe CD Corpus Christi, Texas 3 Wilson Supply Houston, Texas 4 Trident Steel Corporation St. Louis, Mlourri 5 Pioneer Pipe Denver, Colorado 6 Seaport Steel Fab Corpus Christi, Texas $16.03 17.63 17.65 17.91 19.53 21.10 $209,191.50 $230,071.50 230,332.50 233,725.50 254,866.50 275,355.00 -46- 8 AGENDA MEMORANDUM DATE: June 17, 2003 SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid (Project No. 2170, 7240) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $719,350 with A. Ortiz Construction & Paving, Inc. for Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid. ISSUE: The Rolled Curb and Gutter Program is a yearly program that addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. Sanitary Sewer Manhole Ring and Cover Replacement is a new program to adjust the variances in manhole rings and covers to improve the surface quality on selected arterial streets. The award of a construction contract is necessary to complete the projects. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater and Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, '~ ' Director of Wastewater Department ter / /~'l'ge[ 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-I" Location Map - Rolled Curb and Gutter Program Exhibit "D-2" Location Map - Sanitary Sewer Manhole Ring/Cover Replacement Program H:/USERS21HOME\VELMARIGEN/WASTEWA~,7 ~ 15/CONS~RUCTION',AGEN DA MEMO -49- BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid (Project No. 2170, 7240) PRIOR COUNCIL ACTION: 1. December 17, 2002 - ,~pproval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,20(3 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. June 2, 2003 - Executed small consultant agreement with Felix H. Oca~as, Jr., P.E. in the amount of $24,95CI for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid. PROJECT BACKGROUND - ~OLLED CURB & GUTTER PROGRAM: Engineering Services maintains a list of citizen requests for drainage and other improvements. When a complaint is received, the location is inspected to determine the nature and extent of the problem. Complaints that can be addressed immediately are referred to the Storm Water Department. Other problems are categorized by the location, extent and type of problem. A large number of drainage problems are caused by faulty rolled curbs and gutters. Correction of rolled curb and gutter rarely involves a spot repair. Rather, it usually requires reconstruction of at least a significant section of a block to restore the flow line and to avoid moving the problem to another location. The presence of underground storm sewer pipe and distance to existing inlets is also a consideration. The rolled curb and gutter replacement program identifies and groups individual problems into a work program in a defined geographic area that is ~responsive to residents and attractive to contractors. Areas considered hazardous to vehicular or pedestrian traffic will receive priority over those areas where only drainage is affected. This is a yearly program that addresses damaged rolled curb and gutter in residential neighborhoods throughout the city. Affected curb and gutter are removed and replaced, along with associated pavement repair where gutter slopes are inadequate. The amount of curb and gutter replacement is determined by the availability of funding. This project will include work on residential streets within an area bounded by: · Louisiana Parkway- Ocean Drive to Staples · Staples Street- Louisiana Parkway to DoddridgeANeber · Doddridge/Weber- Staples to SPID · SPID WB Frontage Road - Weber to Everhart · Everhart- SPID to Ocean Drive · Ocean Drive - Louisiana to Everhart H:\HOME~LYN DAS\GEN\Stormwater~2170 - Rolled Curb & FY 03 * Manhole Adj~AGENOA BACKGROUND doc -50- IEXHIBIT "A;;'-~I Page l of 3 IJ PROJECT BACKGROUND - :~ANITARY SEWER MANHOLE RING/COVER ADJUST. This is a new program responsive to citizen complaints regarding poor ride quality along more heavily traveled arterial streets. This project will target specific streets in an aggressive program and will include both public and private utility manhole adjustments. This approach will be accomplished through: · recently completed City and TxDOT projects, · several on-going projects, and · this current contract. It is the City's intent to correct the variances in elevations that disrupt vehicular traffic and provide a smoother continuous riding surface along the City's major streets. Not only will wastewater and storm water manholes be corrected, but private utility providers Southwestern Bell and CPL/AEP Electric have agreed to cooperate with this project and financially participate as required to accomplish this objective. Work will include new manhole frames, rings and covers to be adjusted to correct pavement elevation and cross slopes to improve street drive-ability and quality along the following streets: · Staples Street - from Leopard to Texan Trail · South Staples Street - from Holly Road to Saratoga Blvd. · Everhart Road - from Alameda Street to Yorktown Blvd. · Airline Road - from Ocean Drive to Cimarron · McArdle from Airline Road to Holmes · Kostoryz- from South Staples to Saratoga · And other priority locations as determined by staff and subject to availability of funding. This contract will result in the completion of pavement enhancements of complete sections of several thoroughfares. The following streets will be completed through the coordination of several projects, including: · South Staples Street from Leopard to Saratoga o Bond Issue 2002 project C-5 (on-going), and o This current contract · Everhart Road from Alameda Street to Yorktown Blvd. o This current contract · Airline Road from Ocean Drive to Saratoga o PriorTxDOT project, and o This current contract · McArdle Road from Airline Road to Holmes o This current contract · Kostoryz from South Staples to Saratoga o Prior TxDOT project, and o This current contract H:/HOME~LYNDAS\GEN\Storrnc~ater~2170 Rolled Curb & FY 03 - Manhole Adj~AGENDA BACKGROUND.doc -51- I pL~gHgeEXHIBIT "A" 2 of 3 PROJECT DESCRIPTION: The project consists of the removal and replacement of 5,000 linear feet of curb and gutter; 3,400 square feet of driveway approaches; 1,700 square feet of sidewalks; 400 square feet of curb ramps; 2,500 square yards of pavement repair (within a specific geographic area); amd 350 each manhole ring and cover height adjustments (city-wide); all in accordance with the plans, specifications, and contract documents. BID INFORMATION: Bids were received on May 21,2003 with one (1) bidder submitting a proposal. The bid proposal was set up with a Base Bid only. A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas was the only bidder on. the project. They have satisfactorily performed work for the City on other contracts. City staff recommends a contract be awarded to A. Or[iz Construction & Paving, Inc. in the amount of $719,350. CONTRACT TERMS: The contract specifies that the project will be completed in one (1) calendar year, with completion anticipated by July 2004. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater and Storm Water Capital Improvement Budget. H :\H O MEILYN DASIGEN~tormwat e r~2170 - Roiled Curb & FY 03 - Manhole Adj~GENDA BACKGROUND.doc -52- EXHIBIT "A" Page 3 of 3 ROLLED CURB AND GUTTER REPLACEMENT AND SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENT FY 2003 RE-BID (PROJECT NO. 2170, 7240) PROJECTBUDGET June 5, 2003 FUNDS AVAILABLE: Wastewater CIP .........................................................................................$524,681.56 Storm Water CIP .......................................................................................... 298,053.44 Total ......................................................................................................... $822,735.00 FUNDS REQUIRED: Construction Contract (A. Ortiz Construction & Paving, Inc.) Wastewater ........................................................................... $458,750.00 Storm Water ........................................................................... 260,600.00 Total Construction Contract ........................................................................... $719,350.00 Contingencies (10%) .................................................................................... Major Projects Activity ................................................................................. Construction Inspection Activity ..................................................................... MiscelLaneous (Printing, Advertising) ............................................................... Total ...................................................................................................... 71,935.00 5,000.00 24,950.00 1,500.00 $822,735.00 EXHIBIT "B" Page I of 1 -53- BID TABULATION TABULATED BY: 'Angel R. E$cobar, P,E., Director of Engifleering Services ENGINEER'S ESTIMATE: $599,20¢ DATE: Wednesday, May 2t, 2003 TIME OF COMPLETION: One (1) Calendar~ ROLLED CURB AND GUTTER REPLACEMENT AND SANITARY A. Ortiz Const. 8, Paving SEWER MANHOLE RING AND COVER ADJUSTMENT FY 2(~03 t02 Airport Road REBID (2t70, 7240) Corpus Christi, TX 78405 UNIT UNiT ITEM DESCRIPTION QTY. I~NrT PRICE AMOUNT UNIT PRICE AMOUNT PRICE AMOUNT Removal and replacement of curb and gutter, A-1 complete in place per linear foot 5,000 ~.F $26 50 $132,500.00 Removal and replacement of ddveway A-2 approaches, complete in place per square foot 3,400 ~F $9 O0 $30,60000 Removal and replacement of sidewalks, A-3 complete in place per square foot 1,700 ~ F $900 $15,30000 Removal and replacement of pavement / pavement repairs, complete in place per A-4 square }'etd 2,500 ~Y $3000 $75,000.00 Concrete curb ramps complete in place per A-5 square foot 400 ~.F $18 O0 $7,200.00 SUB-TOTAL PART "A" (ITEMS At-AS) $260,600.00 Sanitary Sewer Manhole Ring and Cover Adjustments, including new expandable manhole dser with new manhole cover, stainless steel inflow inhibitor and without B-1 concrete rin~, complete in place per each. 250 ~A. $1,225 00 $306,250.00 Sanitary Sewer Manhole Ring and Cover Adjustments, including new manhole dng and cover with new HDPE adjustment rings, stainless steel inflow inhibitor and with concret{ B-2 rin~, comptate in place per each. 100 ~J~.. $1,375.00 $137,500.00 Removal and replacement of pavement, pavement repairs, complete in place per B-3 square yard 500 ~.Y. $30.00 $15,000.00 SUB.TOTAL PART "B" (ITEMS BI-B3) $458,7,50.00 TOTAL BASE BID (PART "A · + PART "B") $719,350.00 -54- EXHIBIT "C" Page 1 of I \ Mpro/ect \ councitexhibits \ exh2146, dw~ Son Parr~cio County NUECES BAY A~NES CORPUS CHR[S'fl IN~NA'JlORAL AIRPORT F,M. 43 F'M 2444 N ROLLED CURB &: GUTTER BOUNDARY LOCATION CORPUS CHRISTI BAY NAS LOCATION MAP NOT TO SCALE CITY PROJECT No. 2170 EXHIBIT "D- I" ROLLED CURB and GUTTER REPLACEMENT FY2OOJ Cl~ OF CORPUS CHRIST, TE~S -55- CITY COUNCIL EXHIBIT ~ DEP~E~ OF ~GINE£RING S~WC~ PAGE: I of I _._ ~TE: 06--09-2003 ~ I ~ M~roject \ councilexhibits \ exhbose.dwg NUECES BAY CORPUS CHRISTI BAY MANHOLE ADJUSTMENTS CITY OF CORPUS CHRIST1, TEXAS -56- CZTY COUNCZL EXHZBZT DEPARTl~ENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 06/05/03 9 AGENDA MEMORANDUM June 17, 2003 SUBJECT: Appropriation Ordinance - Insurance Settlement for Convention Center AGENDA ITEM: Ordinance Appropriating $107,252.19 Insurance Claim Payment from Omaha Property and Casualty Insurance Company in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending Ordinance No. 024974 which Adopted the FY 2002-2003 Operating Budget by increasing appropriations by $107,252.19; and Declaring an Emergency. ISSUE: An ordinance to appropriate the insurance settlement must be approved by Council prior to expending the funds for repairs. FUNDING: Funds will be available from the Visitors Facility Fund No. 4710 upon appropriation. RECOMMENDATION: Approval of the ordinance as presented. / '_A~ef'R. Escobar, P.E. D~t~ D~rector - Engineering Services Attachments: Exhibit A: Exhibit B: Exhibit C: Background Settlement Checks Location Map Harold Peterson Director- Convention Facilities H:\H OME\KEVINS\GEN\CONVCTR~003VkppropdafionMemo.doc -59- ADDITIONAL INFORMATION BACKGROUND: Heavy rainfall Center. The City received reim of $107,252.191ast month. ApF funds for repairs. in October of 2002 resulted in damage to the Convention )ursement from the City's insurance carrier in the amount ropriation of the funds is necessary prior to expending the PRIOR COUNCIL ACTION: July 23, 2002 - Approval of the iFY2002-03 Budget (Ordinance No. 024974). FUTURE COUNCIL ACTION: Award of construction contract land/or change order for various repairs. FUNDING: Copies of the checl~s are attached. -60- EXHIBIT "A" ] Page I of 1 and CA SU^LT~ ~ :: PAY THE SUM OF Ex~ctly105,365Dollars84Cents' CITY OF CORPUS CHRISTI ATTN: RISK MANAGEMENT DEPT P O BOX 9277 CORPUS CHRISTI TX 78469-9277 VOID AFTER 180 DAYS ~: ;OqqOOOqS~: PAYMENT TYPE BUILDING PAYMENT REASON LOSS PAID AFTER CLOSE AMOUNT OF PAYMENT $'105,365.84 CLAIM NO. ADJUSTER NO. ARC POLICY NO. 3006040558 DATE OF LOSS Oct 24, 2002 CATASTROPHE NUMBER 000 COPY TO: AMGRIP, INC 333 CLAY ST STE 1215 HOUSTON TX 77002 4005 0004 3102 Farnam Street Omaha, NE 68131 CITY OF CORPUS CHRISTI ATTN: RISK MANAGEMENT DEPT P O BOX 9277 CORPUS CHRISTI TX 7846@-9277 -61- CHECK NO. 7030681 RECEIVED MAY 2. DATE May 25, 2003 Exhibit B Page 1 of 2 0104300000 TO PAY THE SUM OF Exactly1,886Dolllars35Cents VOID AFTER 180 DAYS CITW OF CORPUS CHRISTI A%FN: RISK MANAGEMENT DEPT P O BOX 9277 CORPUS CHRISTI TX 7846949277 "O 70 ='0 P=RD"' ~: ~'DL'ROOO6811 ~'B PAYMENT TYPE CONTENTS PAYMENT REASON LOSS PAII~ AFTER CLOSE AMOUNT OF PAYMENT $'"1,886.35 CLAIM NO. ADJUSTER NO. ARC POLICY NO. 3006040558 DATE OF LOSS Oct 24, 2002 CATASTROPHE NUMBER 000 COPY TO: AMGRIP, INC 333 CLAY ST STE 1215 HOUSTON TX 77002 4005 OMAHA PROPERTy a~l~ CASUALTY 3102 Farnam Street Omaha, NE 68131 CITY OF CORPUS CHRISTI ATTN: RISK MANAGEMENT DEPT P O BOX 9277 CORPUS CHRISTI TX 78469-9277 -62- CHECK NO. 7030680 RECEIVED t.IA¥ 2 CIT~' OF COkPO5 RISK MANAG~N~ENI DATE May 23, Exhibit B Pa~e 2 of 2 ] 0003 F;le ' ~Mproject~councilexhibils~exh4231dw~ N PROJECT LOCA. AGNES CORPUS CHRISTi INTERNATIONAL AIRPORT ,CORP'J~q CHRISTI BAY LOCATION 14AP NOT TO SCALE N PROJECT SITE VICINITY ~4AP NOT TO SCALE CONVENTION CENTER- 'INSURANCE SETTLE/tlENT CITh' OF CORPUS CHRISTI, TEXAS _~,~_ EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o1' 1 DATE: 06+09-2005 ORDINANCE APPROPRIATING $107~252.19 INSURANCE CLAIM PAYMENT FROM OMAHA PROPERTY AND CASUALTY IN THE VISITORS FACILITY FUND NO. 4710 FOR~ CONVENTION CENTER FLOOD DAMAGE REPAIRS; AMENDING ORDINANCE NO. 024974 WHICH ADOPTED THE FY 2002-2003 OPERATING BUDGET BY INCREASING APPROPRIATIONS B~ $107,252.19; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE cITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $107,252.19 iinsurance claim payment from Omaha Property and Casualty is appropriated in the ¥isitors Facility Fund No. 4710 for Convention Center flood damage repairs. SECTION 2. That Ordinance NO. 024974 which adopted the FY 2002-2003 Operating Budget is amended by increasing appropriations by $107,252.19. 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 rulle 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June 9, 2003 Lisa Aguilar ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor -64- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 13, 2003 AGENDA ITEM: Authorizing tl~e City Manager, or his desi.g, nee, to execute a ten-year lease with Padre Little Leaguel Inc., a non-profit corporation, for the use of.Bill Witt Park and in consideration of P~dre Little League, Inc., maintaining the premises and improvements; providing for ~everance; and providing for publication. ISSUE: Padre Little League is requesting a ten-year lease renewal for a parcel of Bill Witt Park for the purpose of conducting a youth baseball program. REQUIRED COUNCIL ACTION~ The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Padre Little League. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the ten-year lease to Padre Little League, Inc., for the use of Bill Witt Park. Daniel L. Whitworth, Director Park and Recreation Department Attachments: Background Information Map Leases Ordinance -67- BACKGROUND INFORMATION Padre Little League, Inc., DBA Padre Little/Senior League was formed by the merger of the Continental Pony League and the Padre Little League in 1981. The league was playing at the northeast corner of the Hollyi Road Reservoir site until 1990. They were then granted one-year Use Permits at Bill Wi, itt Park until 1993. The City Council then granted the league a five-year lease for the Bill Witt site. The 2001 registration for the youth baseball league was 653 youths for the spring season and 221 youths for the winter season. Padre Little League has been operating a youth baseball program with the Park and Recreation Department for over 25 years and is in good standing with department. The previous lease expired November 28, 2002. -68- EXHIBIT BaLL WIT? PAIl&' POINT BEGINNING BEIN(3 13.520 AC:~E$ OF LAND OUT Of THAT CERTAIN CiTY Of PADRE LITTLE AND SENIOR LEAGUE BALLFIELDS LEASE OUT OF BILL WITT PARK LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE LITTLE LEAGUE, INC. THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This lease agreement ("Lease") is entered into ,,b,~ an.d, between the City of Cor- pus Christi, a Texas home rule municipal corporation ( Ci~ ), acting through its duly authorized City Manager, or his des!,~nee ("C,,ity Manager ), and Padre Little League, Inc., a Texas nonprofit corporation ( Lessee ). WHEREAS, the City,, owns Bill Witt Park, located in Corpus Christi, Nueces County, Texas ("Premises); WHEREAS, the Lessee desires to use Premises for its baseball program; and, WHEREAS, the City desires to allow Lessee to use Premises for its baseball pro- gram. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1 Term. Subject to the remaining terms and conditions of this Lease, the origi- nal term of this Lease is ten (10) years beginning on the 61s~ day after City Council ap- proval and terminating on the ten year anniversary thereafter. Section 2 Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation ("Director"). Section 3 Premises and Improvements. City leases to Lessee a portion of the Prem- ises, as described and delineated in Exhibits A and B, which are attached to this Lease and incorporated in this Lease by reference, and all improvements to the Premises ("Improvements") including, but not limited to, the fields, fences, bleachers, and the parking lot. Section4 Consideration. Lessee must operate a baseball program and mustmain~ rain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager in effect now and as promulgated in the future. Failure to maintain the Premises and all improve- ments in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; -70- Page 1 of 9 (B) Lessee shall keep fully operational and in good repair the fields, bleachers, fences, outbuildings, and fair weather parking area, which are located on the Premises; (C) Lessee must immediately rejport any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) (E) Lessee must mow all grassy areas of the Premises. Grassy areas must not exceed (6) inches in height. Lesseemust mow within (1) week after grass reaches (6) inches. Failure to keep the grass at or below (6) inches is grounds for termination of this Lease Agreement; add, Lessee must maintain the bJ~seball playing fields within the Lease boundary lines. Grass on the ball fields musl[ not exceed three (3) inches during the playing season. Lessee must mow the basel~all fields within one (1) week after grass reaches three (3) inches. At least one mollth prior to the start of any season or pre-season prac- tice, the baseball playing fields must be gradually cut shorter and brought into playing condition. Failure tq keep the grass on the baseballplaying fields at or be- low three (3) inches or to properly bring the baseball playing fields back to playing condition will be grounds foe termination of this Lease. Section 5 Primary Use. Lessee must establish and maintain a recreational area with the primary use being for the operation of a baseball program and for no other purpose without Director's prior written approval. Section 6 Understanding. LesSee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Im- provements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood Bamage or destruction where Lessee is without fault, excepted. Section 7 Joint Use. (A) City retains joint use of the Premises and all Improvements during the term of this Lease, subject to Lessee's primary use of the Premises during its baseball pro- gram. Lessee must not deny access to nor deny use of the Premises to the gen- eral public for unorganized activities when the Premises are not being used for baseball purposes by Lessee. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by Director and Lessee. (B) City retains the right to use or cross the Premises and Improvements with utility lines and easements. City may exercise these rights without compensation to Les- see for damages to the Premises and any improvements from installing, maintain- ing, repairing, or removing the utility lines and easements. City must use reason- able judgment in locating the utility lines and easements to minimize damage to the Premises and its Improvements. Section 8 Additions or Alterati~ons. (A) Lessee shall not make any additions or alterations to the Premises nor to any Im- provements without Director's prior written approval. If approved, Less.e,e must obtain clearance, in writing, from City's Risk Management Department ( Risk Man- agement'') that the proposed addition or alteration will be covered under the in- surance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) APl additions or alterations must be made at Lessee's expense. All additions or al- terations installed by Lessee must be repaired and replaced at Lessee's expense Page 2 of 9 and may be removed by Lessee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All addi- tions or alterations made by Lessee which are not removed at the expiration or ter- mination of this Lease become the property of City without necessity of any legal action. Section 9 Utilities. Lessee mus~t pay for all utilities used by Lessee and for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bil/prior to the due date is grounds for termination of this Lease. Section 10 Signs. Lessee shall,not exhib,!t, inscr,!be, paint, erect, or affix any signs, advertisements, notic,e_s, or other ettering ( Signs ) on the Premises or on any Improve- ment without Director s prior writtqm approval. If Signs are approved, Director, in writing, may require Lessee to remove, rqpair, or repaint any Signs. If the Signs are not re- moved, repaired, or repainted within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay,City's costs within thirty (30) days of receipt of Director's invoiae. Failure to pa)/City s costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, City may e ect to terminate this Lease after ten (10) days written not~ce to Lessee. Section 11 Advertising. The Director has the right to prohibit any advertising by Les- see which impairs the reputation of the Premises or the City. Section 12 Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 13 Inspection. The Director, or his designee, has the right to inspect the Premises and the Improvements at any time. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Lessee demand- ing compliance. If Lessee has not complied within ten (10) days after receipt of the de- mand City may undertake the work or cause the undertaking of the work and Lessee shall pay City's cost plus ten percent !10%) overhead within thirty (30) days of receipt of Director's invoice. Failure to pay City s invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 14 Non-Discrimination. Lessee shall not discriminate nor permit discrimina- tion against any person or group of persons, as to employment and in the provision of services, activities, or programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. Director retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 15 Compliance with Laws. Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances which may be applicable to Lessee's operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. All actions brought to enforce compliance will be brought in Nueces County where this Lease was executed and will be performed. Section 16 Costs. Noncompliance with the terms contained in this Lease may result in termination of this Lease and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect dam- ages resulting from noncompliance, Lessee shall pay all City's court costs and expen- ses, including reasonable attorneys' fees. Page 3 of 9 Section see, its the extent itted by Texas Les- ons, lents asserted or dama to . em ) losses, (~r re- in- cludin defects, . Ios.~ (~r dam age to the extenf an or mav be arise o~ be caused b ar co,nec . , ~hat n be all~ ~Ted. to an ).ut be by, orb tn a.ny ,con, 'e.¢[.wtt"i, ettherc t.m.i ~,o r. emote- I~. who., or m J ,1)t~ ~t,..rence, use. O~erarton, ..n.a~..ren- a~hce.,.a. .. :ra tiotf= pr ~e~ai., Pr =.m. ise..s.an.d tl~ e .P~dre Lille Le. ag.ue, inc., z/..~ne exercts..e or n! ,. uqoer In. ts Lease, ~] .a.n. acr, pmjssto, n, or necllloence on me p.a.r or tnoemm~ees or any_or rnem, moemnl- to. rs, Or-any.of Indemmt. o '.s. agents, r.epr, e. sentative.~, servants, em- ptoy. ees, pa[rons, g.u.esrs~ ,.c.e.nse..es, tn.v.!rees,.or .orner pe. r..so_ns n. avmg mvotvem.e, nr Ln, P. ar[j.c!p, agon wtrn~ or ou. sln..ess wl~n ~'rem.- ts.e.~, .Lessee, or ~ne ?aa.r.e L.~.rrte..L.e. ague, tnc. w. nesner a.u. rnonzea wlrn rne exoress or tm. pl~ea tOwmrton or permtsslon or Lesse.e en- t. ering uR.oh, the Premt~eS.or /ts Improv..ern_ents pursuan..t t.o thts Lease; .~) =resoassers entering uoo.n me P'remt.s. es or trs tmprove- .ment~,du. ring Lessee's.. uS.e or p.h~/stcal qc.cupatjp, n of th..e Prem- . tses: ot oue ro any or me nazaros assocta~.eawtr, n. soortjna events, t.r. ai.~.in'g~ or pra.ctr, ce as a~Spectator or.p. artlcipan..t mbl. udin~: but nro. t ,m~.re.o ~o, any ipj.ury, or oa_rnag, e re§um, ng,. w.no,y..or ~n p. art. ,prqxt .rnazely o.r remo[ety, r.rpm [ne. wota. ~ton oy inaern, n~jees, ~ngemm- rors. or Lessee's tnwreeS or anv taw, rute, reautarton, oraman.ce, or gbv..ernment order of. any kited.; or, 6) any Fhju. ry o.r da .m..a. ge.~.n any omar way, ana incturilna att exD.enses ansmg from !mgarton, co~urt costs, and attorneys' fees, which arise, or are clatmed to arise from, out of. or in connection, with Lessee's performance pf th.e. Lease, u.se. of. t..he Prc=~?, lses or tts Imp. rpv.emen~ts~ or. an. y acti- vities assocta, reo merew~m ou..rsuant to mrs Lease, Dy maemni- tees: Ind. emmtor, s, or Inderq'nlt. grs agents, s.erv.a, nt~, employ, ees, co. nr.r. acrors, pa. zrons, gu. esr_s, ,ce.nsees, or mwrees, r. egaraless OT wnemer, sucnm~J'uries, cleam, or aamacles_ are causea,. . or are c..lalmed t9 .be. caus..ed, by. the concurrent,.contqbuting, o..r s.o.l.e..n..eg- iigence. Or inae. m.m~ees:..bes.s, ee cov.ena, njs ana agrees rna..r.!T is maae a art ro any iirLclarlon aaalns~ Lessee or in any ilrlClarlon c, ommenqeP~ b~ any l~art¥7, ot.her t/fan L,e, ssee..relating to,.'this'Lease, Lessee snap, .up..o.n r.e. celpt, q~. reasonaole norl.ce reg. arqtng.,co,rn.- mencemenr OT imc~afion, ar Rs own expense, invesrlclare a. claims a. nd.d..e~a.nds~, att~. nd to/their s..ettleme'nt..o.r other di's-pqsit, ion., de; r. en.a ~,~ry. ~n a. ac, tions b..as, ed ~nereo. n.w. lrn counse, t s..afis, factoryjo ~noemnlrees. ano oav afl cnarc~es or attornevs ano au.orner costs a. nd expenses, of. ~.n~ kind a..ri~ng from any §aid liability, damage, lOSS, aemano, Clalm~ or action. Section 18 Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and require- ments shown on Exhibit C, which is attached to this Lease and incorporated in Page 4 of 9 this Lease by reference. Failure to maintain such insurance at the limits and re- quirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and re- quirements set out in Exhibit C, to Director and Risk Management prior to com- mencing use of the Premises under this Lease. Lessee must prowde Director and Risk Management thirty (30) days written notice of cancellation, intent not to re- new, or material change of any insurance coverage required in this Lease. (C) Lessee shall, during the ter~ of this Lease, provide copies of all insurance policies to the City Manager or Direcl~or upon written request. (D) Lessee shall, prior to any ad~lition or alteration to the Premises or to the Improve- ments, obtain clearance, in Writing, from Risk Management, in accordance with Section 8 as set out herein this Lease. Section 19 No debts. Lessee shall not incur any debts or obligations on the credit of City during the term of this Lease. Section 20 Termination. (A) (B) The City may immediately terminate this Lease if the City determines, in its sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Section 5 of this Lease. In addibon, the City may immediately terminate this Lease if it determines, ini its sole discretion, that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. Termination for failure to maintain the Premises and its Improvements is governed by Sections 4 and 13 of this Lease. Termination for failure to pay a utility bill prior to the due date is governed by Section 9 of this Lease. Termination for failure to pay City's invoice to remove, repair, or repaint any sign within thirty (30) days of receipt of same is governed by Section 10 of this Lease. Termination for failure to submit a current list of officers is governed by Section 22 of this Lease. (c) Alternatively, if there is noncompliance with one or more of the provisions con- tained in this Lease, Director may give Lessee written notice to cure the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance with each provision identified by Director within ten (10) days of receiving the notice, the Director may act to terminate this Lease for cause by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City or Lessee may terminate this Lease without cause by giving thirty (30) days written notice to the non-terminating party. Section 21 Notice. (A) All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the fol- lowing methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after Page 5 of 9 transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon transmission with proof of delivery to the receiving party. (C) All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi At-tn: Director of Park & ReCreation P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 ' Padre Little League, Inc. Attn: Percy R. Millett, President 7706 Valley View Drive Corpus Christi, TX 78413 (361) 980-0225 (H) (361) 693-6244 (D) Eitherparty may change theiaddress to which notice is sent by usinga method set out in Section 21(A) above. I-essee must notify City of an address change within ten (10) days after the addre~,s is changed. Section 22 List of Officers. LeSsee must submit its current List of Officers to Direc- tor within ten (10) days of commet~cement of this Lease. Furthermore, Lessee, on the subsequent yearly anniversary da~tes of this Lease, must submit its current List of Offi- cers to Director. Failure to submil~ a current List of Officers, either within ten (10) days of commencement of this Lease o~r annually as required by this section, shall constitute grounds for termination of this Lease. The List of Officers must contain each person's title, name, address, home phone number, and office or fax phone number. Section 23 Reporting. Lessee Shall submit registration reports, listing the number of youth and teams registered by Le~ssee to play baseball during the past twelve months, to the Director during the term of t~his Lease. Lessee must submit the initial registration report within ten (10) days of com~nencement of this Lease and subsequently thereafter on the yearly anniversary dates of this Lease Section 24 Construction and Reconstruction Funds. (A) (B) If City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the portion, of the Premises, up to and including the entirety, involved in the construction or reconstruction, should Director deem it necessary, upon thirty (30) diays written notice from Director. The Director, in his sole discretion, will make the determination as to the size and dimensions of the portion or portions to be vacated with a consideration toward the safety of partici- pants and spectators. In the event that Lessee is directed to vacate as stated in Section 24(A) above, Lessee has no action for damages against nor will be compensated by City for loss of use of the Premises and its Improvements. City has no obligation to pro- vide an alternate location for Lessee during the Improvements construction or re- construction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is City's construction or reconstruction of the Improvements for Lessee's benefit. Once construction or reconstruction of the Improvements is complete, Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. Lessee's term will not change nor increase if City requests Lessee to vacate the Premises as set out in this section. Page 6 of 9 Section 25 Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any Provision will be valid unless made in writing and sign- ed by persons authorized to sign agreements on behalf of each party. Section 26 Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how 10ng the same may continue, will not be deemed a waiver by said party of any c~f its rights hereunder. No waiver of any covenant or condition or of the breach oflany covenant or condition of this Lease by either par- ty at any time, express or implied, will be taken to constitute a waiver of any sub- sequent breach of the coverjant or condition nor will justify or authorize the non- observance on any other occasion of the same or any other covenant or condition hereof. (B) (c) If any action by the Lessee riequires the consent or approval of the City on one oc- caslon, any consent or appr(~val given on said occasion will not be deemed a con- sent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of this Lease will not be considered an estoppel against the City. It is expressly understood that if at any time, Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to I~romptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 27 Force Majeure. Noparty to this Lease will be liable for failures and de- lays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots, or interference by civil or military authorities. Section 28 Assignment and Sublease. This Lease may not be, in whole or in part, assigned, transferred, or sublet dkectly or indirectly without the prior written consent of the City Council. Section 29 Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and the related ordinance as required by the City Charter. Section 30 Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 31 Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivisi~on, clause, provision, phrase, or word hereof be given full force and effect for its purpose. N l. EG.DIR,elizabe~h~epI l. lles,cU,,~KK & KECkRecreation h outhSpo~lskPadfeLitfleSe,]iorLeagueLease wpd Page 7 of 9 (B) To the extent that any clause or prevision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remain- der of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or pro~/ision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause orprovision as may be possible and be legal, valid, and enforceablel will be addedto this Lease automatically. Section 32 Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter herein, unless contained in this Lease, are express- ly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 as contained here in thib Lease, as the parties intend to provide for a com- plete understanding within the provisions of this Lease ,and its exhibits of the terms, conditions, promises, and covenalnts relating to Lessee s use of the Premises and its Improvements. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K. Noe, City Manager, or his designee ,,,RovED,s TO,EG*, FO,M: AE ~s~tt (~it ~;dolrenYe y / for the City Attorney STATE OF TEXAS COUNTY OF NUECES Before me, on this day personally appeared who, by either personal knowledge or by proof of identification, is known to me to be the Page 8 of 9 person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purpose and consideration and in the capacity therein expressed. Given under my hand and seal of office this day of _, 2003. Notary Public, State of Texas LES,~: Padre Little League, Inc. Date: STATE OF TEXAS § COUNTY OF NUECES § Before me, on this day personally appeared .~ , · , who, by either personal knowledge or by proof of identification, is Enown to ~ne to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purpose and consideration and in the capacity therein expressed. Given under my hand and seal of office this ~39..~'~ day of , 2003. Notary Public, State of Texas Printed Name Commission expires: STATE OF T~X~S COUNT~ OF NUECES EXHIBIT A .. BEING A 13.520 ACRE TRACT OF L~ND, OO~ OF T~AT CERTAIN 136.22 TRACT, COfFeE.ED TO T~ C~TY OF CO~S ~STZ. ~. C~T ~D~ 1709. P~ 95. OF ~CO~S OF ~S ~. ~. ~G O~ OF ~ SI~ ~ S~CTION 21. OF T~ ~ B~F & ~C~ ~ & ~ ~CTS, A ~ OF ~ZCH IS ~CO~ED ~ ~L~ A, PAGES 41 T~U 43. OF ~ ~ ~CO~S OF ~S CO. TX. ~. ~ BErG ~ P~Tlcu~ DES~ B~ ~S ~ ~S ~ ~S; COMMENCING et a 518' Iron R~, Found, on the so~sterly ~unda~ line of Bill Pa~, ~ing an angle point therein; THENCE, No~h 47° 19' 00" We~along the so~hwestedy ~unda~ line of said Bill WiE Pa~, a dis~n~ of 322.~ feet, ~ a Point; THENCE, No~h 42~ 41' 00" East through said Bill W~ Pa~, a distan~ of 118.37 feet, to the Point of Beginning of this t~, ~ing a so~hwesteHy comer of this tra~; THENCE, NoRh 40~ ~' 32" West, a distan~ ~ 67.05 f~t, to a Point, ~ing a so~hwe~ ~mer ~ ~is tra~; THENCE, North 12° 27' 28" Eas~[, a distance of 656.57 feet, to a Point on the beginning of a curve to the dght having a radius of 335.02 feet; THENCE, along said curve to thte dght having a radius of 335.02 feet, central angle of 89' 51' 22", a tangent length of 334.18 feet, and an arc length of 525.41' to a Point; THENCE, South 77° 41' 10" East, a d~stance of,53.76 feet tO a Point on the beginning of a curve to the right having a radius of 335.00 feet; THENCE, along said curve to the right having a radius of 335.00 feet, central angle of 89° 47' 03", a tangent length of 333.74 feet, and an arc length of 524.95' to a Point; THENCE, South 12° 05' 53" West, a distance of 173.82 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 46° 32' 09" West, a distance of 511.66 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 87° 40' 07" West, a distance of 397.78 feet to the POINT AND PLACE OF BEGINNING and containing 13.520 acres of land. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a tand survey made on th~.e~_round under my direction. ; ~-~ This the 14TM day of February, 2002. -79- EXHIBIT B & bEING 13.520 AO~ES OF LAI%C> OUT Of THAT CERTAIN 136.22 ACRE TRACT. CONVEYED TO THE CZTY OF OH~IST[, TEXAS, ~Y KNOWN AS BILL WITT PAJRK AND DE~[~ ZN ~ ~C~D~ IN VOL~ ~tY, ~XAS. A~ ~I~ ~ ~ ~CT[ON ~ ~f ~D ~INAL FArM & GAR~ ~ACTS. REC~ IN VOL~ A, ~A~S 4~-43 ~ ~EC~DS ~ ~S ¢, T~S. ~O PADRE LITTLE AND SENIOR LEAGUE BALLFIELDS LEASE OUT OF BILL WITT PARK EXHIBIT C INSUI~.ANCE REQUIREMENTS LESSEE' S LIABILITY INSURANCE Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee mu~t not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obta~ed. Lessee must furnish to the City's Risk Manag{~r, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptablg to the City's Risk Manager. The City must be named as an additional insured for all liability policies and a blanket waiver [of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of material change, cancellation~ non- Bodily Injury and Property Damage renewal or termination required on all certificates Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBiNED SiNGLE LIMIT 2. 3. 4. 5. 6. 7. Commercial Form Premises - Operations Products/Completed Operations Hazard Contractual Insurance Broad Form Property Damage Independent Contractors Personal Injury In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. ADDITIONAL REQUIREMENTS Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a v, aiver of subrogation is also required. bhnket If 3'our insurance company uses the standard ACOKD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" bemeen "be' and "canceled", and deleting the words "endeavor to". and deleting the wording after "left". * The name of the project must be listed under 'Description of Operations" * At a minimum, a 30-day ~ritten notice of material change, non-renewal, cancellation or termination required. If the Certificate of Insurance on its face does not shov~ on its face the existence of the coverage required by items I.B (1)- (7) an authorized representative c~fthe insurance company' must include a letter specifically stating whether items 1.B. (1)- t71 are it~cluded o~ excluded -81- AN ORDINANCE AUTHORIZING THE Cl~ CUTE A TEN-YEAR LEA PROFIT CORPORATION CONSIDERATION OFPI lNG THE PREMISES ANI ANCE;AND PROVIDING MANAGER, OR HIS DESIGNEE, TO EXE- SE WITH PADRE LI'I-rLE LEAGUE, INC., A NON- FOR THE USE OF BILL WITT PARK AND IN ,DRE LITTLE LEAGUE, INC. MAINTAIN ) IMPROVEMENTS; PROVIDING FOR SEVER- FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a ten-year lease with Padre Little League, Inc., a non-profit corporation, for the use of the Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 11 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION June 17, 2003 AGENDA ITEM: City Council 2003-04 Goals at~d Priorities - Updates & Action Plans STAFF PRESENTER(S): Name Title/Position George K. Noe City iManager Mark L. McDaniel ExeCutive Director of Support Services ISSUE: The City Council conducted their annual retreat on May 6, 2003, at which time Council Goals and Priorities vcere updated. At the conclusion of the retreat, the staff was charged with bringing back action plans for new items and updates for continuing items. This item will serve as an overview of these plans and updates. REQUIRED COUNCIL ACTION: Provide staff direction by affirming continuing and new Goals and Priorities and approving respective action p~ans. Ma'~k L.' M-cl~aniel Executive Director of Support Services PowerPoint Presentation X -85- 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Re-engineerir~g Update CITY STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. Eduardo Gara~a 3. Foster Crowell OUTSIDE PRESENTER(S): 1. 2. Title Assistant City Manager Director Director Department Public Works/Utilities Water Operations Wastewater Operations ISSUE: A Status report on the re-engineering program BACKGROUND: Re-engineering is progressing on schedule. The computerized work management system (MAXIMO) has been installed in the Water Department's Production Activity and the Wastewater Treatment activity, and is currently being used to more effectively manage work. We are currently laying the foundations for implementation in our out-plant utility activities: Water Distribution, Wastewater Collection, Gas, and Storm Water. Scheduled implementation for those activities is in late July. The Maximo "work management system" will be integrated with the City's GIS when the system goes live in July for the out-plant utility activities. Additional Background [] Exhibits [] Ronald F. Massey (,. ~, Assistant City Manager "-4 -89- Water and Wastewater Utility Re�En ineering Update 9 !!VII r.s �. Prepared for the Corpus Christi City Council June 17, 2003 E3 i { At Last Update • Water Production and V Treatment implemented —Flatter organization (integrated O&M) —New maintenance practices — MAXIMO ot iter TECHNOLOGY (p 2) E 3 Progress in Last 6 Mon • New Job Positions Created f Production and Wastewater Treatment ` - Planner/Schedulers & Coordinators (p 3) E 3 • Developed skill -based pay tracks for Water Production and Wastewater Treatment - Integrated MAXIMO and People Soft to support skill -based pay • Refined Maintenance Programs to Sustain/Increase Savings Water Department Has Reduced Controllable Costs to 19 El Labor ■� $14M $10M $6M $2M (p 4) E 3 95/ 96/ 97/ 98/ 99/ 00/ 01/ 02/ 96 97 98 99 00 01 02 03 Wastewater Plants/Maj or Maintenance Also at 1995 ■ ME $4M $2M Labor 95/ 96/ 97/ 98/ 99/ 00/ 01/ 02/ 96 97 98 99 00 01 02 03 V (p 5) Progre ss in Last 6 Month, •Implemented MAXI J at.) • Introduced Reengineering Concepts to Distribution, Collection, Storm and Gas x —New Organizational Structure Planning and Scheduling Functions (p 6) E 3 Example- Previous Gas Organization* (p 7) E3 (p 8) Interim Gas E3 Flatter and Leaner Still Improving I ✓ Reduces Labor Costs by almost $100,000 per year r 0 0 Current Activities • Introducing Technol Distribution, Collecti on, and Storm I —Planner/Schedulers Have Started with MAXIMO —Integrating with GIS —Testing Call Management Screens (for Dispatchers and Call Center) E 3 GIS — CMMS Integration: Map Displaying Active Work We Ibalm % N~6 oot "w OAS baaaura Ibb ❑ Subdivisions ❑ Zoning O p mer s O dorm � (� Str9e1 VEIMe9 6� Wa9bWeM 0 ❑ Wabr TO w Aa We* Onfing ❑Wabr Pqe OWebr Sella ❑ Wabr YaPA E3 (p 12) Vision for Integrated Management of Service, Maintenair SCADA ARM '\ (Lookout) ...; .......: :.............: CIS (HTE)'N**AF FIS/HRIS (Peoplesoft) WMS E 3 (Maximo) GIS (ESRI Arc/GIS) Web -based Tools: Contact Management S roeeeea ❑ ryas: iler,wark - fa P1101M Of: ( 36, )K•,2,3 Cardad Notes i �f^Nst At Lag Sk 0con ,Ma" kir. - N°�hr. IgWk ❑ c�smm.rc eae,sr game yr �' F ----1Q a+�e Q ❑ kms Of hnq tatn t2 C iq SGm Cross 5�keet ❑ >�rcaar •za � aim c��cr�a,r+ rxE3 11 t (p 13) E 3 (p 14) • Complete Implementation in Gas, Distribution, and Collection • Train Other Utility Work Requesters (UBO, Restaurant Inspectors, etc.) • Expand PeopleSoft Integration to Include Inventory R a kp 15) Next 24 Months: f" i'r�,• • Streets • Park Operations CD • Solid Waste Collection • Call Center • Facility Maintenance • Integration with Utility SCADA • Other Departments in Future Years Questions 16 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION June10.2003 AGENDA ITEM: This presentation item is comprised of three related components: · Update of Five-Year General Fund Financial Forecast · Overview of FY 2003-04 General Fund Proposed Budget · Distribution of FY 2002-03 3rd Quarter Financial Performance Report STAFF PRESENTER(S): Name Title/Position Mark L. McDaniel Director of Management and Budget Department ISSUE: As part of the Council review of the FY 2003-04 Proposed Budget, this second budget presentation will focus on General Fund revenues, expenditures and the General Fund Five-Year Financial Forecast. The FY 02-03 3r~ Quarter Performance Report has also been distributed to the Council under separate cover for informational purposes. REQUIRED COUNCIL ACTION: No formal action is required at this time. Ma~k L. Mc~an~l Director of Management and Budget Attachments: PowerPoint Presentation 3rd Quarter Repod (under separate cover) -109- { r Pf i q "< '.y"' t S '� r .aa a Civ". , cs...,�.z '?ss� '. LI ,e j .... i s � k —_ <,t, .. _ .i4 a .y sUaew. .._... .. _, Financial Forecast Assumptions Revenues . Property Tax Revenue: 3% growth . Industrial District Payments: 3% growth rA. Sales Tax Revenue: 3 % growth on current N year end estimate V . Other: V• Franchise Fee Revenue - only slight growth • Solid Waste Revenues - flat V • Most Other Revenue Growth - 2% 9 Financial Forecast Assumptions Expenditures . Salary Adjustments - Years 2-5 of Compensation Plan Implementation • Skill Based Pay/Merit Allocations • Projected Sworn Personnel Salary V Adjustments - Pending Fire Negotiations • Continuation of Drag Up Reserve • Continuation of Salary Savings V• No New Positions in Future Years . Health Insurance Premiums - 20 % / 23 % in Year 1,10 % / Year Thereafter V Financial Forecast Assumptions Expenditures (Continued) ■ Regular Capital Items: ■ 35 Patrol Car Replacements Each Year ■ One Fire Engine/ Year ■ One Ambulance Replacement/Year ■ One Garbage Truck Replacement/ Year (FY2004-05 forward) ■ New Capital Items: O V ■ Equipment for Phase III Automated �o Garbage Collection (late FY2003-04) ■ Replacement of Recycling Trucks (over 2 V years) Financial Forecast Assumptions Expenditures (Continued) . Program Costs for Full Year: • 8th New Ambulance Staffing & Equipment Olt" *Staffing for New Island Fire Station • Economic Development Office V . Pending Items (Not Accounted For): • O & M Costs Related to Bond 2004 Projects • Landfill Expansion/ Development Options j• Increase in TMRS for 6 % Match - Jan. ' 05 . Re Engineering • First Phase Implementation of CMMS 'N V 6 f L General Fund Five Year Financial Forecast W Proposed Forecast Forecast Forecast Forecast 2003-04 2004-05 2005-06 2006-07 2007-08 Estimated Unreserved Fund Balance - 8/1 $ 11,140,728 $ 11,840,728 $ 12,640,728 $ 13,290,728 $ 14,090,728 Total Revenues 146,35$.206 149,599,212 _1159 925,754 156 352 488 4—%N3,156 Total Expenditures 146,358,206 153,391,334 159,334,333 165,891,533 172,214,136 Adjustment to Balance 3,792,122 2,616,458 6,922,587 Subtotal 146,358,206 153,391,334 155,542,212 163,275,076 165,291,550 Adjust. to Balance CY Rev. to Exp. 0 3,792,122 2,616,458 6,922,587 5,418,394 Req. Surplus to Meet Fund Bal. Goal 700,000 800,000 650,000 800,000 725,000 % of Total Expenditures 0.55% 0.42% 0.51% 0.44% 0.50% Estimated Unreserved Fund Balance - 7/31 $ 11,840,728 $ 12,640,728 $ 13,290,728 $ 14,090,728 $ 14,815,728 Closing Balance as % Operating Expenditures 8.09% 8.24% 8.54% 8.63% 8.96% % After Reimbursements & Transfers Out 8.98% 9.14% 9.51% 9.60% 10.00% W Genera Fund ~$ Focus on the Horizon s i Revenues - o er Taxes r � tY $12,0001000,000 $10,000,000,000 $8,000,000,000 $610001000,000 $4,000,000,000 $2,000,000,000 EE At New Values, l Cent = $825,000 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Fiscal Year 9 gin ER 0 $4 $3 $2 Roll Revenues — Indust 1 District Payments Payment History '"„ 1997 1998 1999 2000 2001 2002 2003 2004 Fiscal Year RMI $35 $30 N o $25 $20 $15 Revenuesf •les • Historical Collections ER a 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 PROPOSED Revenues ~11% Sales Tax 10% 9% 8% 7% 6% 5% 4% 3% 2% 1% 0% Sales Tax Collections- Change from Prior Year Fiscal Year Revenues - Franc . and Related Fees Historical Receipts - Utility Franchise and Related Fees $12 $10 $2 $0 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 Est. Prop. 1 ■ CABLE ■ CPL ■ TELECOM I 13 $20,0009000 $1590009000 A $1090001000 $5,000,000 $0 Revenues - 1 l5(�' �l n 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 Est. Prop. ■ COLLECTION 0 DISPOSAL ■OTHER 14 Home Rule Cities Farmers Branch Sherman Ennis Sunnyvale Denison DeSoto Mesquite Lancaster Dallas Addison Richardson Duncanville Garland Coppell Plano Kilgore Rowlett Hutchins Aransas Pass Wylie Portland Revenue - F dj ustments •911 Wireline for Call Takers — 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 Revenue - F - Parking Meter Rates: j ustments - Current Maximum Rate/2 Hours - 50 cents - Proposed Maximum Rate/2 Hours - 75 cents 16 I $2.00 $1.50 $1.00 E ' $0.50 $0.00 j ustments - Current Maximum Rate/2 Hours - 50 cents - Proposed Maximum Rate/2 Hours - 75 cents 16 I Revenue - Fe Adjustments - Municipal Court • Environmental Court - $165,000 (General Fines) - Park & Recreation • Latchkey Adjustments - $206,091 • Pool Admissions- $26,659 N J - Health • Re inspections/Food Handling Permits- $19,081 - Permits & Licenses • Pipeline License Agreements- $262,301 17 RevendSfti ~ Other Revenues - % Distribution by Type Reimb. 5% Property Tax 5% 24% 16% Indust. Dist. Solid Waste 4% 14% ranchises 11% aH Expenditures- IWO Redactions (Elimination of Layers/Re-Engineerin Positions Eliminated: Savings = $1.2 Million - CMO/ACM's - 3 - Office of Management & Budget - 2 - Streets - 7 - Solid Waste - 21 (Net) - Finance - 6 (Net) - Engineering -1 - Park Operations - 4 - Municipal Court - 2 20 0 $2 Expenditures - *ffl. MIT (Salary Savings) $0 2001-02 Actual 2002-03 Budgeted 2003-04 Budgeted 21 Major General P&d Expenditures - Salary Adjustments - • Compensation Plan Adjustments- $1.6 Million • Police & Fire Pay Adjustments • Merit & Skill Based Pay- $150,000 __ - New Programs/Program Enhancements • Livable Neighborhoods Initiative- $765,000 • Downtown Initiatives - $50,000 • Streets & Solid Waste/Parks Re figineering - $180,000 • ADA Transition Plan Compliance- $124,300 • New 911 Call Takers/Skill Iised Pay- $157,439 22 General Fu~ Summary - Proposed Decrease of $1 184 647 · No Tax Rate Increase · Elimination of 46 Positions · Phase II of Compensation Plan Implementation · New Programs Primarily Supported by Revenue Offsets 23 Historical w l t �1 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 1999 Unreserved 2000 2001 $7,616,420 Fiscal Year 2002 1 2003 $10,944,746 1 $11,1 24 I 3rd Quarter Financial Performance Report • Included in Council agenda packeISF under separate cover W • Revenues and expenditures to date are generally consistent with year end estimates in FY2003-04 Proposed Budget - June 17th • Enterprise Funds Overview _ June 24th • Special Revenue & Internal Service Funds Overview w _ July 8th • Public Hearing - July 151h & July 22nd • 1St & 2ndReading of Adoption Ordinance C r v. t' r i :_�.a FISCAL YEAR 2003 - 2004 GENERAL FUND PROPOSED RATE ADJUSTMENTS -138- account name Sexually Transmitted Disease Clinic Sexually Transmitted Disease Clinic Laboratory Fees Laboratory Fees Laboratory Fees Child Care Facilities Fees Child Care Facilities Fees Vital Statistics Fees V~tal Statistics Fees Food service permits Food service permits General Nursing Fees City of Corpus Chdstl Health Department - Proposed Revenue Increases Fiscal Year 2003-2004 desc~'lptlon of revenue ganamtln~l actlvlt~ rate Clinic; visit (exar~abwork/~eatment) $5 Cliniq HIV/Syphilis testing (Blood draw only) $5 analysis of drinking(private, corporate, municipal) $10 analysis of seawater(seafood safety - TDH) $15 anysi~ of re~eational beach water $10 Day Gare Facility Inspections $35 Foster Home Inspections $0 Plastic Covers for Birth Cert Preserv-wallet size $0 Plastic Covers for Birth Cert Preserv-letter size $0 reins~ection fees $0 Food Handler's Permit $6 comntunicable disease-free verification for $0 cosm0tologist license proposed revanue rate difference ~lenerated $15 $10 $8i550 $10 $5 $285 S12 $2 $10,584 $20 $5 $4,585 $13 $3 $3,114 $50 $15 $945 $50 $50 $4,200 $1 $1 $6,000 $1 $1 S7,000 $50 $50 $6,300 $7 $1 $12,781 $50 $50 $1,750 New Revenue-GeneralFund Less: cost toimplement Net New Revenue-GeneralFund $66,094 ($3,750) $62,344 -139- City of Corpus Christi Police Department - Proposed Revenue Increases Fiscal Year 2003-2004 account name description of revenue generating actlvlt7 Parking Meter Collections Parking Meter Collections rate per 12 minute~ rate per 24 minute~ rate per lhour-upt( effective rate: per rate per 30 minute= rate per 1 hour-dm rate per 2 hours-d( annual new current proposed revenue rate rate difference ~lenerated ~-uptown (1 hour max) $0.05 $0.10 $0.05 ,-uptown (1 hour max) $0.10 $0.15 $0,05 wn (1hour max) $0.25 $0.40 $0.15 hours uptown (1 hour max) $0.50 $0.75 $0.25 .downtown (2 hour max) $0.05 $0.10 $0.05 ~ntown (2 hour max) $0.10 $0.25 $0.15 wntown (2 hour max) $0.25 $0.50 $0,25 Parking Meter Collections rateperl hour (l l~ hour max) rate per 2 hours (lp hour max) rate per 10 hours (~10 hour max) $0.25 $0.40 $0.15 $0.50 $0.75 $0.25 $1,50 $2.75 $1.25 Parking Meter Collections rate per 2.5 hours [10 hour max) rate per 10 hours (~10 hour max) effective rate: per~2 hours (10 hour max) $0.25 $0.55 $0.30 $1.00 $2.25 $1.25 $0.20 $0.45 $0.25 New Revenue - General Fund $96,936 Less: cost to implement ($41~500) Net New Revenue - General Fund $55,436 911 Wireline Residential Business Business Trunks $0.40 $0.50 $0.10 $112,055 $0.40 $0.50 $0.10 $38,814 $0.40 $0.50 $0.10 $61570 New Revenue-GeneralFund $157,439 -140- City of Corpus Christi Solid Waste Services - Proposed Revenue Increases Fiscal Year 2003-2004 account name MSWSSC description of revenue geperatln~l activity Put or Pay Credit- Tonnagei Rate Put or Pay Collection Chg- Tonnage Rate Cubic Yard Credit Cubic Yard Charge annual new current proposed revenue rate rate difference ~lenerated $6.42 $8.35 $1.93 $5.0O $5.50 $1.50 $0.16 $0.21 $0.05 $0.30 $0.39 $0.09 Cash and Credit Customers~- Tonnage rate incl in Tipping Fee Cash and Credit Customers-Collection Chg CY Cash and Credit Custor~ers incl in Tipping Fee CY Cash and Credit Customers- Collection Chg Residential Rate Can Accounts $10.25 $13.33 $3.08 $1.17 $1.52 $0.35 $0.41 $0.54 $0.13 $0.05 $0.07 $0.02 $1.43 $1.86 $0.43 $3.00 $3.90 $0.90 New Revenue - General Fund $601,554 -141- account nama HEB Tennis Center Al Kruse Tennis Center Swimming Pools City of Corpus Christi Park, and Recreation - Proposed Revenue Increases Fiscal Year 2003-2004 description[of revenue l~leneratln~l actlvlt7 annual new current proposed revenue rate rate difference 9enerated Tennis (anm Adult an~ Adult sen Youth Youth se~ Civic & Corp HEB ma:~ al/semi-annual fees) Jal i-annual ~ual 3i-annual )rate tournaments 22 courts (1/2 day) $150 $160 $10 $80 $90 $10 $70 $75 $5 $40 $45 $5 $160 $175 $15 HEB Covereld Court Pavilion Fees Per persc~n Mon - Fri 8:00 am - 5:00 pm Singles (pilot program) $0 Doubles (pilot program) $0 Per person Mon - Fri 5:00 pm - 9:30 pm Singles (pilot program) $0 Doubles (pilot program) $0 Per person weekend-Saturday 9:00 am - 2:00 pm Singles (pilot program) $0 Doubles (pilot program) $0 Per pers(~n weekend-Sunday 1:00 pm - 6:00 pm Singles (pilot program) $0 Doubles (pilot program) $0 Tennis Lessens (per person) Private & semi-private lesson court fee $1.25 Group lesson court fee $0.75 HEB Covered Court Pavilion Lesson Fees Private (Pilot program) $0.00 Semi-priVate (pilot program) $0.00 Group (pilot program) $0.00 $7 $7 $5 $5 $8 $8 $5 $5 $8 $8 $5 $5 $8 $8 $5 $5 $1.50 $0.25 $1.00 $0.25 $4.50 $4.50 $2.25 $2.25 $2.00 $2.00 General Admission Youth 17 & under (outdoor pools) Annual Swim Passes Youth Senior U.S. Swim Team Member (per season) Youth Adult City Swim Leagues City TAAF Swim League (per season) Scholarship fee per session per child Visiting Leagues Red & Green league/season/team Blue & Geld league/season/team TAAF Registration/Insurance/person Family Night Swim (five person family) $0.50 $0.75 $0.25 $100 $120 $20 $175 $180 $5 $0 $75 $75 $0 $125 $125 $45 $50 $5 $20 $25 $5 $200 $250 $50 $250 $300 $50 $6 $7 $1 $0 $2 $2 $2,250 $580 $26,659 -142- City of Corpus Christi Parkiand Recreation - Proposed Revenue Increases Fiscal Year 2003-2004 account name descrlptlonlof revenue 9sneratln~l actlvlt7 Splash Parties - 2 hours (number of persons) I - 50 51 - 100 101 - 150 151 - 200 251 Natatodum ' 251 - 300 (number of persons) 301 & up Total Pool R~ntal not to exceed/day current rate annual new proposed revenue rate difference ~lenerated $125 $150 $25 $175 $2OO $25 $225 $250 $25 $275 $3OO $25 $325 $350 $25 $375 $400 $25 $0 $450 $450 $0 $500 $500 $400 $500 $100 Swimming Instruction Fees Swimming P~3ol Instruction Fees Swim lessons (outdoor pools)/person Scholarsl~ip fee per session per child Red Cms~ Classes Lifegu~ard Classes/class WateriSafety Instruction Training $30 $35 $15 $20 $5 $100 $125 $25 $125 $150 $25 Athletic Events Recreationa! Adult Basketball League/team Basketball I~gular Season Athletics ~age 6 to 18/player Scholarstlip 1 st child Scholarsllip each additional child $2,000 $0 $325 $325 $8,868 Athletic Rentals $50 $55 $5 $20 $25 $5 $15 $20 $5 $20 $20 $8 $0.50 $250 $75.00 $35 $10.00 $35 $10.00 Recreation Center Rentals Youth Rentat fee per field (per hour) $0 Adult ToumamentJCamp Rentals fee per day With light, add (per hour/field) $7.50 Gymnasiums (10 hr. max) Youth basketball tournament rental $175 Facility rental fees below incl staff sprvsn/clean-up Additional hour rate to all facilities/hr $25 Non-profit O~ganizations 501(C)(3) or other Commun~ organizations $25 $45 $48 $3 $45 $48 $3 $85 $9o $5 $80 $82 $2 $125 $127 $2 $90 $95 $5 $290 $135 ($155) $160 $165 $5 $240 $240 $0 $190 $195 $5 $400 $405 $5 T.C. Ayers Recreation Center Social Hall (4 hrs.) Game Room / Kitchen (4 hm.) Entire Facility (4 hrs.) Oak Park Recreation Centers Social Hall (4 hrs.) Entire FaCility (4 hrs.) Joe Garza Recreation Center Game Room (4 hrs.) Entire Facility (4 hrs.) Oso Recreation Center Social Hall (4 hrs.) Entire Facility (4 hrs.) Lindale Recreation Center Social Hall #2 (4 hrs.) Entire Facility (4 hrs.) $662 $7,500 -143- City of Corpus Christi Park and Recreation. Proposed Revenue Increases Fiscal Year 2003-2004 account name current description of revenue ~leneraflng actlvIt7 rate Mu ticu tura Center Room Rentals (Galvan House) Fimt FIo(3 · or Courtyard (Sun - Thu)/3hrs, First Floo' and Kitchen/5 hrs. Courtyar¢ and Kitchen/5 hm. Full pack= ige (First floor, Courtyard, Rose Card( n Plaza & Kitchen)/7 hrs. Partial pa :kage (Courtyard, Rose Garden & Kitche ~)/5 hrs. Partial pa :kage (Courtyard, First Floor & Kitchen)/5 hrs. Partial package (First Floor, Rose Garden & Kitchen)/5 hrs. Festival Fees Hedtage park cultural fes6vals/day CommerCial Photographic Session/hr Non-refu~3dable reservation deposit Zavala SeniOr Center Entire FaCility (4 hrs.) Broadmoor Senior Center Entire Facility (4 hrs.) Northwest Senior Center Entire Facility (4 hrs.) Special Services - Rental Special EVent Vendor Permit/event Park Use Permit/event annual new proposed revenue rate difference l~lenerated $0 $200 $200 $300 $325 $25 $360 $375 $15 $650 $700 $50 $430 $450 $20 $520 $550 $30 $370 $40O $30 $485 $400 ($85) $15 $25 $10 $100 $150 $50 $460 $430 ($30) $165 $100 ($65) $500 $460 ($40) $25 $50 $25 $0 $10 $10 Recreation Instruction Fees Increased enrollment in special classes at recreation centers Latchkey School Year (from end of school day to 6 pm) Monthly fee, 1st child $80 Monthly fee, each additional child $65 Four months prorated, due to 15 days or less 1st child $67 Each additional child $57 Late registration involving 10 days or less $45 Monthly foe for child on reduced lunch $35 Monthly fee for child on free lunch $30 Late payment fee (after the 5th) per family $15 Summer Latchkey Program Weekly fee per child $65 Scholarsltip per child (f~ee and reduced) $35 Vacation Station per child/day $12 Scholarshdp per child/day $5 $87 $7 $72 $7 $75 $8 $65 $8 $50 $5 $42 $7 $37 $7 $20 $5 $72 $7 $42 $7 $20 $8 $12 $7 Summer Program Reg Fees Summer Recreation Program (drop in) Monday - Friday, 11 am - 4 pm (8 weeks) $0 $1 $1 $1,000 $135,190 $16,000 New Revenue - General Fund Less: cost to implement Net New Revenue. General Fund $200_~709 -144- DOWNTOWN AND BAYFRONT ARTS & SCIENCE PARK PARKING STUDY NOVEMBER 27, 2002 PROJECT # 25-1203.00 Table 1: Parking Meter Su~ey I Hou~to~ r~ 1,953,631 YeA l~r. and 2~r. .40 and $ 1 .~ ~r hour T~u~ .10 p~ hour 2 ~ur .50 per hour J0 h~r .20 pm hour Au~lln 656,562 Ye~ 2 hour .75 p~ hour 5 ~ur l$ 10 h~ $ .10 ~r hour 2 hou~ $ .05 per 8 minules I~n9 191,615 No 4 ~ur ~:~: $ .25 ~r h~r ~u~ 124,523 Of the seven cities with populations greater than Corpus Christi's, all with the exception of Arlington utilize some parking meters in their downtown areas. Of the 13 cities wilh popubtions smaller than Corpus Christi's, only four utilize m~ters. Corpus Christi meter rates are on the Iow end of the continuum; however, with the exception of the four largest cities in the state, only Laredo and Beaumont have significantly higher rates than Corpus Chrisli. -145- Survey of 911 Wireless Fees R -- Residential B = Business T = Business Thinks -146- 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/17103 AGENDA ITEM: Resolution appr Control and Prevention District. ISSUE: Provisions of the Local ( body of the political subdivision hold a public hearing on the prop or reject the budget submitted by and Prevention District. BACKGROUND INFORMATION Control and Prevention District fo District on November 6, 2002. Th provide additional funds to enhar The Crime Control and Preventio Board adopted the budget on Ap~ May 27, 2003 in accordance with budget must now be submitted to REQUIRED COUNCIL ACTION PREVIOUS COUNCIL ACTION CONCLUSION AND RECOMMI ~ving the FY 2003/04 budget for the Corpus Christi Crime )vemment Code section 363.204 require that the governing ~at created the Crime Control and Prevention District shall ~sed annual budget to receive public comment and approve the Board of Directors of the Corpus Christi Crime Control The voters on November 4, 1997 established the Crime 5 years beginning April 1, 1998. The voters renewed the continues the l/8~-cent sales tax to fund the District and ce law enforcement efforts in the City of Corpus Christi. ~ District held a public hearing on April 16, 2003 and the il 16, 2003.. The City Council held a public hearing on notice and all other procedures required by law. The the City Council for approval. : Approval of the FY 2003/04 budget. Public hearing held on May 27, 2003. !NDATION: Staff recommends approval of the budget. P. A'rvar~'z, Jr. ~ Chief of Police Attachments: Adopted budget -149- RESOLUTION APPROVING THE FY 200[3-2004 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND ~REVENTION DISTRICT. WHEREAS, on November 4, 199r7, the citizens of Corpus Christi voted to approve the Crime Control and Prevention DiStrict; WHEREAS, on November 6,200~, the citizens of Corpus Christi voted to renew the Crime Control and Prevention Di~rict; WHEREAS, o.n April 16, 2003, the Corpus Christi Crime Control and Prevention District Board held a public hearing on the FY 03-04 Crime Control and Prevention District budget and after the public hearin!g, the Corpus Christi Crime Control and Prevention District Board adopted the budgetl; and WHEREAS, on May 27, 2003, the City Council of the City of Corpus Christi held a public hearing on the FY03-04 Crime Control and Prevention District budget submitted by the Corpus Christi Crime Cont~'ol and Prevention District Board; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the FY 2003-2004 Corpus Christi Crime Control and Prevention District budget as submitted by the Corpus Christi Crime Control and Prevention District Board, a copy of which is attached and incorporated as an Exhibit to this Resolution. Attest The City of Corpus Christi Armando Chapa City Secretary Approved: June 10, 2003; Lisa Aguilar ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor -150- Crime Control and Prevention District FY 2003 - 2004 Budget Information -151- PAGE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TABLE OF CONTENTS PROGRAM Financial Statement Legal AdVisor Police Officer Costs Support I~ersonnel Pawn Sheep Detail MDT/AVL Technical Support Street Lighting Public Safety Vehicles & Equipment Police Academy Costs Election Costs Juvenile Assessment Center Citizen Advisory Councils Juvenile City Marshals Reserve Appropriation Police Officer Deployment Schedule ORG. NO. 11710 11711 11712 11713 11714 11716 11717 11718 49001 49002 49008 49010 80003 -152- Crime Control & Prevention District -- FY-2 )02/2003 Year End Revenue & Expenditure Estlme~: -~---~' FY---_-C-3-~2004 Preliminary Budget Actual Actual Amended Estlma-t-ed Proposed 2000-01 200i-2002 ~nn9-2003 2002-2003 2003-04 ~ Balance ~ 3,273,.~..__356 $ 2,834,034 $ 2,~~ Revenues: Sales Tax ~ 3,660,274 3,712,6B0 3,712,680 3,824,060 Interest on Investments 214,039 84,688 77,925 40,526 53,527 Miscellaneous 3,748 5,304 Total Current Revenues 3,750,26'----'----'"--~ 3,790,605 3,753,206 3,877,587 Total Funds Available -+ 6,997,261__ 7,~023,622_~_ 6---~624,63______.~9 6,587,240 6,'-~_____32,061 Expenditures: .... ~ Legal Advisor 193,946 62,030 40,995 41,250 Police Officer Costs 2,245,463 2,473,565 3,353,100 3,106,066 3,264,106 Support Personnel 569,786 414,333 288,422 235,339 80,593 Pawn Shop Detail 86,626 57,274 56,270 57,855 55,869 MDT/AVL Technical Support 107,817 79,520 128,565 126,922 122,836 Special Traffic Enforcement Street Lighting 12,670 19,454 16,833 16,833 Public Sa;ely Vehicles & Equip. 57,662 480,870 188,784 167,000 20,600 Police A.~ademy Costs - 160,617 77,179 77,169 Election Costs 69,716 66,831 Juvenile Assessment Center 421,811 291,134 295,049 298,716 305,898 :School / Police Partnerships 19,061 C__itizen Advisory Councils 9,061 23,183 42,983 42,064 20,000 Bi-Annual District Evaluation Juvenile City Marshals 97,608 107,482 96,721 109,101 Reserve Appropriation 16,033 Tot~al Expenditures 3,723,905 4,189,589 4,665,378 4,332,766 3,995,036 Ending Balance I ~3,273,356 I 2,834,034 1,959,261 2,254~474 2,137,026 Surplus / (Deficit) (2,782) (439,322) (874,773):! (573,560) - (117,449 (~rime & Prevention Control District Legal Advisor/11710 Expenditure Budget Actual Actual Amended Estimated Proposed 2000-01 2001-02 2002-03 2002-03 2003-04 Salaries & Wages 46,539 48,274 32,782 33,002 Other Pay 15 Retirement 8,585 9,119 6,333 6,368 Group Insurance benefits 3,896 2,142 1,544 1,544 Fuel & Lubricants Books & periodicals 98 Minor tools & equipment 61,140 Minor computer equipment 44,530 - Professional services 6,000 - Vehicle repairs Self insurance allocation 2,830 2,480 336 336 Computer equipment 20,328 - Total Costs 193,946 62,030 40,995 41,250 Positions: 2002-03 2003-04 Attorney II I 0 This program transitioned to iGeneral Fund. C rime Control & Prevention District Police Officer Costs/Il711 Expenditure Budget Actual Actual Amended Estimated 2000-01 2001-02 2002-03 2002-03 2003-04 Salaries & Wages 1,388,492 1,547,686 2,114,871 1,985,916 2,054,631 Overtime 135,326 86,397 167,309 167,309 177,498 Other Pay 95,614 103,683 116,522 116,522 123,618 Retirement 299,680 326,413 463,430 424,267 458,955 Group insurance benefits 167,930 198,585 181,392 181,392 199,531 Clothing 22,959 25,017 34,236 34,236 34,368 Fuel & lubricants 30,107 24,817 56,444 22,869 25,750 Books & periodicals 166 Minor tools & equipment 3,861 47,570 20,234 20,234 20,436 Minor computer equipment 61 Office supplies 145 3,800 3,800 3,838 Professional services , 921 Vehicle repairs 189 851 46,386 1,045 1,500 Postage & express charges 36 . Equipment maintenance 213 1,337 1,500 1,500 1,515 Travel 634 _ Supplemental insurance 37,200 37,200 37,200 i Self insurance allocation 109,907 99,181 109,776 109,776 115,265 Other equipment 11,070 . Reimbursement (9,822) I Total Costs 2,245,463 2,473,565 3,353,100 3,106,066 3,264,106 S~chedule Of Police Officer Deployment: Universal Hiring Program 10 Additional Officers - July 1999 5 Additional Officers - February 2000 15 Additional Officers. July 2000 10 Additional Officers -April 2002 10 Total Police OfficerS! 50 Positions: 2002-03 2003-04 Police Officers 50 50 r 1 ± -155- Crime Control & Prevention District ~ Support Personnel/11712 Expenditure Budget Actual Actual Amended Estimated Proposed 2000-01 2001-02 2002-03 2002-03 2003-04 ,Salaries & Wages 339,163 228,355 189,657 139,122 53,306 Overtime 35,058 34,251 11,841 17,522 2,851 Other pay 1,227 681 702 Retirement 67,987 49,120 38,930 30,020 11,031 Group insurance benefits 73,806 53,771 41,189 41,189 10,592 Fuel & lubricants Office supplies r 499 674 674 606 Vehicle repairs , Self insurance allocation 53,772 47,111 6,131 6,131 1,505 ~osts 569,786 414,333 288,422 235,339 80,593 Total Positions: 2002-03 2003-04 Office Assistant II 2 0 Senior Staff Assistant 0 1 Functional Analyst V I 0 Functional Analyst 0 1 Public Safety Dispatcher 7 0 Crime Scene Technician I I 0 Total Positions! 11 2 ~'- =156- Cr ~rne Control & Prevention District Pawn Shop DetalV11713 Expenditure Budget A ;tual Actual Amended Estimated Proposed 20 )0-01 2001.02 2002-03 2002-03 2003-04 Salaries & Wages 45,820 58,503 39,490 40,540 40,540 Overti me 37 406 1,152 889 916 Other pay 372 403 415 Retirement 1[:),219 11,126 7,852 8,247 8,123 Group Insurance benefits I1,688 9,800 6,952 6,952 5,098 Office Supplies 200 Self insurance allocation.!8,491 7,439 824 824 577 Total Costs 46,626 87,274 56,270 57,855 55,869 Positions: 20~2-03 2003-04 Office Assistant II 3 0 Senior Staff Assistant ' 0 2 3 2 -1'57- :rime Control & Prevention District , ~IDT/AVL Technical Support/11714 Expenditure Budget Actual Actual Amended Estimated Proposed ~000-01 2001-02 2002-03 2002-03 2003-04 Salari~ & Wages [ 76,406 54,281 88,468 89,729 89,856 Overtime ~ 3,117 2,378 3,616 1,103 3,724 Other pay 794 817 801 842 Retirement i 14,534 10,716 17,948 17,573 18,318 Group insurance benefits 7,793 6,392 8,376 8,376 9,214 Minor computer equipment 308 8,500 8,500 Office supplies Self insurance allocation 5,660 4,959 840 840 882 Total Costs !07,817 79,520 128,565 126,922 122,836 Positions: ~002-03 2003-04 Functional Analyst V I 0 Functional Analyst 0 1 Technical Specialist VI I 0 Technical Specialist 0 1 Total Positions 2 2 -358- Crime Control & Prevention District 8trot Lighting/Il 715 ~ Expenditure Budget & :tual Actual ~end,d Estimated Propes~d 20)0-01 2001-02 2002-011 2002-03 2003-04 Professional services ~2,670 19,454 16,833 16,833 Equipment malntenanc~ , Total Costs ~2,670 19,454 16,833 16,833 This program to be phased outi on 03/3112003. ~159- C~ime Control & Prevention District Publi .' Safety Vehicles & Equipment/11717 Ex )endlture Budget Actual Actual Amended ~ Estimated Proposed 2~)00-01 2001-02 2002-03 2002-03 2003-04 Purification chemicals 3,633 Minor tools & equipment ~).- 88,874 21,784 Minor computer equipment~-9,~31 28,642 Minor office equipment ~ 3,801 Office supplies Postage & express charges 12 ' 650 12,349 Equipment maintenance Vehicles & machinery , 259,250 147,000 149,265 Other equipment 56,428 20,000 17,735 20,600 Computer equipment [27,881 27,881 Total Costs 157,662 480,870 188,784 167,000 20,600 FY-2002-03-7 replacement vehicles FY-2003-04-radios & MDT/AVL~ FY-2004/05-8 replacement veh~c~les FY-2005/06-7 replacement vehic~les FY-2007/08-8 replacement vehiqles -:160- Crime Control & Prevention District Poll=e Academy~11718 Expenditure Budget Actual Actual Amended Estimated Proposed 200001 2001-02 2002-03 2002-03 2003-04 Salaries & Wages i 106,104 60,426 64,083 Overtime 4,300 Other pay Retirement 20,055 12,453 11,991 insurance 18,424 Clothing 627 - Books & periodicals 3,183 739 Food & food supplies Minor tools & equipment - 3,092 Office supplies - 834 80 Professional Services 275 Postage & express charges 32 Training Aids Fuel & Maintenance Vehicle Costs Self insurance allocation 8,265 Total C~sts 160,617 77,179 77,159 Schedule Of Police Officer Deployment Universal Hiring Program 10 Additional Officers - July 1999 5 Aciditional Officers - February 2000 15 Additional Officers - Ju~y 2000 -- 10 Additional Officers -April 2002 10 Total Police Officers 50 This program is phased out as all police officers have been deployed as per origirlal , i goals of Crime District -161- Cri~ne Control & Prevention District Election Costs/49001 Expenditure Budget Actual Actual Amended Estimated Proposed 2000,01 ' 2001-02 2002-03 2002-03 2003-04 Professional Services - 69,716 66,831 Total Costs - 69,716 66,831 -165- Crime Ccn[r~l & F~vention District ' Juvenile Assessment Center/49002 ~-' Expenditure Bud~let ~ Actusl Actual Amended Estimated Pr~_o_p0esd 2000-01 2001-02 2002-03 2002-03 2003-04 Salaries & Wages 145,093 125,469 173,434 179,518 179,730 Overtime I 125,402 1,013 2,060 2,060 2,122 Retirement 27,213 22,803 33,906 33,104 35,279 Group insurance benefits i 34,064 23,117 24,048 24,048 26,453 Food & food supplies Minor tools & equipment 24 65 Minor office equipment 139 1,515 Office supplies 1,251 1,051 1,515 1,530 Maintenance materials Professional services 50 20 Temporary services 11,657 41,522 Postage & express charges 994 781 1,212 1,212 1,224 Rentals 43,958 47,038 48,075 48,075 48,556 Mileage reimbursement 898 946 1,515 1,515 1,530 Telephone/telegraph service 5,224 4,111 3,818 2,203 3,856 Building maintenance & serv. 175 1,010 1,010 1,020 Printing advertising & PR 491 207 1,010 1,010 1,020 Printing outside print shops 450 450 Travel 175 50 1,010 1,010 1,020 Self insurance allocation 24,729 22,316 2,436 2,436 2,558 Total Costs i 421,811 291,134 295,049 298,716 305,898 Positions:FY-2002/2003 ; 2002-03 2003-04 Office Assistant II 1 0 Staff Assistant 0 ~ I _ Intake Specialist 2.6 2.6 Program Manager I 0 Juvenile Assessment Center Sup_t. -'-~--- 1 Case Manager ! 2 ~ 2 I Total Positions ~ 6.6 6,6 -163- rime Control & Prevention District Citizen Advisory Councils/49008 Expenditure Budget Actual Actual Amended Estimated Proposed 2~)00-01 2001-02 2002-03 2002-03 2003-04 i 660 13,413 12,680 Minor tools & equipment Office supplies I 275 369 Maintenance materials 4,136 14,474 13,467 13,255 10,000 Professional services 400 Postage & express charges ! 721 199 263 Telephone/telegraph svc. , 3,620 2,437 2,000 Memberships & dues i 42 Printing advertising & PR [ 4,608 3,340 13,467 13,467 10,000 Total Costs i 9,061 23,183 42,983 42,064 20,000 -164- Cringe Control & Prevention District J~venlle City Marshals/49010 ~ ExI)endlture Budget ~ ctual Actual Amended Estimated Proposed 2(00-01 2001-02 2002-03 2002-03 2003-04 Salaries & Wages I 14,238 85,392 66,018 86,246 Overtime 80,369 10,143 Other pay 204 Retirement 3,000 16,498 14,764 16,732 Group insurance benefit 5,028 5,028 5,531 Self insurance allocation 564 564 592 Totals 97,608 107,482 96,721 109,101 Positions: 2~02-03 2003-04 Deputy City Marshal 2.5 2.5 -165- Crin re Control & Prevention District ieserve Appropriation/80004 Ac~al Actual Amended Estimated Proposed 200~)-01 2002-03 2002-03 2002-03 2003-04 Salary & Retirement 16,033 Totals 16,033 Funds are for comp study pay increases for civilian personnel. -166- Crime Conti'ol & Prevention District Police ::)fficer Deployment Series Hire No. Of Date Police Offloers UHP 1/12/1998 10 First Series 1/11/1999 5 Second Series 8/16/1999 15 Third Series 1/10/2000 10 Fourth Series 4/8/2002 10 5O -167- RESOLUTION APPROVING THE FY 2003-2004 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND I~REVENTION DISTRICT. WHEREAS, on November 4, 199~7, the citizens of Corpus Christi voted to approve the Crime Control and Prevention DiStrict; WHEREAS, on November 6,200~, the citizens of Corpus Christi voted to renew the Crime Control and Prevention DiStrict; WHEREAS, on April 16, 2003, thc Corpus Christi Crime Control and Prevention District Board held a public hearing on thc FY 03-04 Crime Control and Prevention District budget and after the public heariqg, the Corpus Christi Crime Control and Prevention District Board adopted the budget; and WHEREAS, on May 27, 2003, the City Council of the City of Corpus Christi held a public hearing on the FY03-04 Cdme Control and Prevention District budget submitted by the Corpus Christi Crime Conti'ol and Prevention District Board; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the FY 2003-2004 Corpus Christi Crime Control and Prevention District budget as submitted by the Corpus Christi Crime Control and Prevention District Board, a aopy of which is attached and incorporated as an Exhibit to this Resolution. Attest The City of Corpus Christi Armando Chapa City Secretary Approved: June 10, 2003; Lisa Aguilar ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor -150- 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 17, 2003 AGENDAITEM: Resolution adopting the City bf Corpus Christi Commercial Revitalization Local Strategic Plan for 2003-2009. ISSUE: The U.S. Department of Housing and Community Development designated the City of Corpus Christi as one of forty F~enewal Communities nationwide eligible to share in an estimated $17 billion in tax incentives to stimulate job growth, promote economic development and create affordable housing. The Renewal Community consists of five census tracts, which includes the downtown area, Corpus Christi Beach and! portions of the north and west side of the city. The Commercial Revitalization Deduction (CRD) is one of the major tax incentives available to businesses in or locating to the Renewal Community. According the Internal Revenue Code, the State in which the renewal community is located must adopt an allocation plan and each renewal community must adopt a local strategic plan for allocating their $12 million of CRD's available each year. The first state plan was adopted October 23, 2002 through a public hearing process and the City approved a local plan for 2002 allocations. A Commercial Revitalization Deduction Local Strategic Plan for allocating the CRDs for 2003-2009 is needed to allocate the deductions for 2003,-2009. REQUIRED COUNCIL ACTION: Resolution adopting the proposed allocation plan. -171- PREVIOUS COUNCIL ACTION: August 28, 2001 City Council passed a resolution authorizing the City Manager or his designee to submit an applica ion to the U.S. Department of Housing and Urban Development (HUD) fdr the designation of Census Tracts 1, 3, 4, 10 and 11 as a Renewal Community in order to foster investment and economic development within the census tracl 3. November 12, 2002 Public Hearing to co~nsider and approve the State of Texas Commercial Revitalization DeductiOn Allocation Program and State Plan and the City of Corpus Christi Local ,.~trategic Plan. Resolutions to endorse the State of Texas Commercial Revitalization Deduction Allocation Program an41 State Plan and the City of Corpus Christi Local Strategic Plan. Public Hearing to nominate applications for 2002 Commercial Revitalization Deduction AIIocations~ December 17, 2002 Public Hearing to nominate applications for 2002 Commercial Revitalization Deductions. Resolution adopting the Tax Incentive Utilization Plan for the Renewal Community. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the resolution as presented (approving the Commercial Revitalization Deduction local strategic plan). Mart~ McDani~l' Attachments: 1. City of Corpus Christi Commercial Revitalization Local Strategic Plan for 2003*2009 2, Application for Commercial Revitalization Deduction 3~ Map of the Corpus Christi Renewal Community -172- BACKGROUND INFORMATION Under the Community Renewal million of Commercial Revitali; taxpayers to deduct 50 percent placed in service or deduct qL beginning with the month in whi Act of 2000, each Renewal Community is allocated $12 ation Deductions (CRDs) each year. The CRD allows of their qualified expenditures in the year the building is alified expenditures ratable over a 120 month period, h the building is placed in service. Without this incentive, the taxpayer would depreciate ~he property over 39 years. The State Plan requires each renewal community to develop and approve a local plan for nominating projects to receive Commercial revitalization deductions. Projects nominated by the City Council are forwarded to the Texas Department of Economic Development for final certification. The Texas Department of Economic Development sends the certifications to the City, and thei City sends a copy of the certification to the taxpayer. The taxpayer receiving the certificatien is responsible for retaining their copy of the certification and filing the deduction on their tax returns. According to a recent IRS notiGe, a renewal community can only receive $12 million of CRDs each year, and unallocalted CRDs can not be aggregated by the state (with the exception of CRDs from 2002).; Last year, the City nominated $24 million of projects to receive Commercial Revitalization Deductions. The following is a table of projects nominated in 2002 by the City Council APPLICATION 2002 2002 Status Allocations State Aggregation Allocations 1. International Bank of Commerce: Regional bank $5,000,00(: Under headquarters to be constructed at 221 S. Shoreline Construction (old Darryl's Restaurant location) Requested allocatio@: $5,000,000 2. JLG Joint Venture: Shoreline Medical Clinic $7,000,00£ $2,000,00(: project, Longevity and Wellness Center of South Texas, Inc., 401 S. Shoreline. This project includes the demolition of an existing old Oar dealership and the construction of a major rnedical facility. Requested allocation: $9,000,000 §. Water Street Oyster Bar: Renovaltion of existing $400,00C In-service space in a two-phase process. First phase is $200,000 in repair and structural cost. Second Phase is expansion of the kitchen facilities and is estimated at $200,000. Requested allocation: $400,000 4. Agua Java: Interior demolition and construction of a $150,000 In-servic, restaurant~coffee bar in the Water Street Market -173- complex through the H20 Market'Trust at 304 N. Chaparral St. Requested allocation $150,000 5. Texas Bird and Butterfly Paradise Phase I $1,950,000 construction of the Texas Bird an( Butterfly Paradise tourist attraction on Corpus Christ Beach to be located in conjunction with old Pit ~tes of the Gulf Project. Requested allocation $1,950,000 3. Erma's Sack-N-Pack: Expansion of an existing $30,00(~ Not planning or restaurant at 1331 Sam Rankin S expanding; Requested allocation $30,000 anymore 7. Airtrol Supply building renovation: Application by $100,00(~ owner Johnstone Supply for liroitE d renovation of the building at 2701 Agnes St. Requested allocatiod $100,000 9. Oil Industries building: Extensive enovation of the $400,00(~ office building at 723 N. Upper Br )adway Requested allocation $400,000 ~). Old HEB corporate office building Substantial $700,00(~ rehabilitation including asbestos ~ ;moral of the building located at 807 N. Upper I Iroadway (the building has been vacant for 17 y* ~ars) Requested allocation $700,000 10. Bar-B-Que Restaurant: add to an[existing restaurant $30,00(~ Not approve~ and substantially rehabilitate by state Requested allocatior~: $30,000 12. Ebony's Fashions: Rehabilita'don efa structure for $35,00(; retail business at 1008 Sam Rankin. Requested allocatioq: $35,000 13. The Lord's House: Rehabilitation df an existing buildin.( $35,00(; Ior a restaurant at 1010 Sam Rankin. Requested allocatiori $35,000 14. Olivarez Ventures: Construct 6,000 Square foot $900,00£ building to house law offices at 403 VVaco Requested allocatior~: $900,000 15. Circle K: Construction of 4,700 sqluare foot $850,00£ convenient store at Water Street and 1-37 Requested allocatioq $850,000 16. Orion Hotels: Rehabilitate building at 401 N. $4,420,000 Chaparral Street to create a 125,000 square foot full- service hotel. Requested allocation: $10,000,000 Under the IRC 1400 I, applicants are required to incur 10% of their final basis (best good faith estimate of the project cost upon completion) within six months of the date of certification or by the end of the calendar year in which the allocation was made, whichever is later. In addition, applicants must place the building in service by the end of the second year following the allocations. The IRS has issued a statement that allocations made in 2002 have until December 31, 2003 to meet the 10% rule, but must place their project in service by December 31, 2004. Attached is a table of required deadlines for CRD allocations for 2002-2009. -174- Allocation Date t0% basis ;leadline Deadline to place in service November 2002 Dec. 31 2D03 (Extended from May 2003 by December 31, 2004 ~RS) December 2002 Dec. 31,20~)3 (Extended from June 2003 by Dec. 31, 2004 IRS) 2003 By Dec. 31,2003 or six months following the Dec. 31,200.5 date of cert~ication from the State of Texas 2004 By Dec. 31, 2004 or six months following the Dec. 31,2006 date of cert[ication from the State of Texas 2005 By Dec. 31, 2005 or six months following the Dec. 31,2007 date of cert~ication from the State of Texas 2006 By Dec. 31, 2006 or six months following the Dec. 31,2008 date of cert~ication from the State of Texas 2007 By Dec. 31~2007 or six months following the Dec. 31,2009 date of certification from the State of Texas 2008 By Dec. 3112008 or six months following the Dec. 31,2010 date of cerl~fication from the State of Texas 2009 By Dec. 31i 2009 or six months following the Dec. 31,2011 date of cerliffication from the State of Texas City staff will post a public notice in the Sunday, June 22, 2003 Corpus Christi Caller- Times to inform the public that applications will be received and considered on an ongoing basis. Applicants can obtain applications by downloading it from the internet or contacting city staff. -175- RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC PLAN FOR 2003-2009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The C~ty Council, a~s the governing body of the City of Corpus Christi, adopts the City of Corpus Christil Commercial Revitalization Local Strategic Plan for the City's Renewal Community Com~nercial Revitalization Deduction Allocation Program. The City of Corpus Christi Commercial Revitalization Local Strategic Plan for 2003-2009 is attached to this resolution and~ marked as Attachment 1. SECTION 2. The City Manager is directed to forward a copy of this resolution and the City of Corpus Christi Commercial Revitalization Local Strategic Plan to the Executive Director, Texas Department of Economic Development. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May 13, 2003; Lisa Aguilar C) Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor -176- City of Corpus Christi Commercial Revitalization Local Strategic Plan f~)r 2003-2009 Attachment 1 1) The Coordinating Responsible Autl copy of the Cit?s approved Tax Inc~ or the Executive Director's design Manager shall appoint the CoRA f 2) The process for receiving applicatk a) b) c) d) odty (CoRA) for the Corpus Christi Renewal Community will submit a ~ntive Utilization Plan and contact information to the Executive Director .~e of the Texas Department of Economic Development. The City r the Corpus Christi Renewal Community.. ~ns is as follows: Public notice inviting applications for commercial revitalization allocations will be published in the Corpus Christi Caller Time~ leach year indicating the time period to which applications will be considered. Applicalion information will be available by contacting the CoRA and via the City of Corpus ChdstJ's web site. Applications will be time stamped upon receipt and reviewed for completion. Applications will be considered only if: i) The building and its structural components will be placed in service by the taR)ayer in the Renewal Community and the original use of the building will begin with the taxpayer or the building will be substantially rehabilitated by the taxpayer and is placed in service by the taxpayer after the rehabilitation in the ReneWal Community. ii) The expenditures for the project meet the statutory requirement for the allowable Commercial Revitalization expenditures. iii) Request of allocation is less than $10 million, iv) The applicant is current on monies due to the Texas Comptroller of Public Accounts and the Texas Workforce commission has confirmed that the applicant is current on unemployment insurance tax. v) The applicant demonstrates the likelihood that the project can be completed within the time required by law to claim the commercial revitalization deduction. vi) The applicant has the financial support needed to complete the project. vii) The applicant has a contract on the property on which the project will be rehabilitated or constructed or has ownership title to the property. The CoRA will review the completed applications meeting the requirements in section 2(c) of this plan and make recommendations through the City Manager to the City Council based on the following criteria: i) The project creates and retains jobs in the Renewal Community. ii) The applicant is willing to work with the Workforce Network, Inc. to identify qualified candidates for the positions that wilt be created and where possible, hire Renewal Community residents, -177- individuals meeting the criteda for work opportunity tax credit and welfare to work tax credit. iii) The applicant is committed to affirmatively hidng minority workers and affirmatively contracting with minority owned busineSses, local Iow-income community businesses (businesses located in census tracts with 20% poverty or greater) and/or businesses located in the Renewal Community. iv) The applicant is committe~J to hiring underskilled, inexperienced, disadvantaged or displaced [ workers, where possib~, v) The applicant is committ~ed to providing on the job technical and vocational training for economically disadvantaged or Renewal Community residents, where possible. vi) The project is located in a Texas Enterprise Zone, Reinvestment Zone, Weed and Seed Area, Community Developmlent Block Grant (CDBG) eligible area, or Historically Underutilized Business (HUB) Zone.; vii) The project is eliminating s~um or blight in a particular area within the Renewal Community. viii) The project is appropriately/zoned. ix) The project contributes to the City's Comprehensive Plan, the applicable area development plans for the target area, Ba~ffrent Plan, City's current CDBG Consolidated Plan, and Project Plan for Corpus Chdsti Rein~vestment Zone No. 1, which have been adopted by the City of Corpus Christi, and Texas Department of Economic Development regulations applicable to the Texas Enterprise Program. x) The applicant has involved or will involve residents and non-profit groups within the Renewal Community and/or will seek services provided by any partner of the Renewal Community. xi) The schedule of construction through the date the building is placed in service. xJi) The applicant business has sufficient income to take advantage of accelerated depreciation. xiii) The Project is a public/private partnership between City of Corpus Chdsti and private business. xJv) The Project meets the requirements of the Project Selection Checklist as described in the State Commercial Revitalization Deduction Allocation Program. e) City Council will hold a public hearing and review the recommendations made by CORA, through the City Manager, and will consider approval of the applications based on the criteria set above with particular emphasis on IX above and the project selection criteria included with the State Plan (see Exhibit A). The general public will be given an opportunity to comment on the applications at the public hearing. f) In any given year, the C~ Council may choose to make forward allocations of commercial revitalization deductions available during the Renewal Community Designated period from 2002-2009. g) Within 10 working days following the approval of applicatbns by the City Council, the CoRA will submit to the Commissioner or designee of the Texas Department of Economic Development (TDED) the following documentation: i) A certification signed by the City Manager, as the CEO of the City of Corpus Christi, that the City Council has followed the procedure as indicated in this plan and to the best of his or her -178- h) knowledge, each application that has been approved bythe City Council is complete and meets the requirements of the cOmmercial revitalization deduction program. ii) A copy of each applicationlselected by the governing body to receive the commercial revitalization deduction (CRD) allocations, public notice for the application process, approved minutes of the City Council, reasonable explanation for each project allocation or denial and identification of the criteria set forth above in the explanation. Within 10 working days followir~g receipt of certifk;ation of approved projects from the TDED, the CoRA will send confirmation to the p~oject contact person of their award or denial for CRD allocations. The confirmation letter will also s~t forth reporting requirements to the City of Corpus Christi. Each applicant will be required to p~"ovide quarterly reports of progress on the project and commitments made in their application until ~he project is placed in service. If the CoRA determines that the project is not proceeding as indicated in the application or the project is being reduced, the City Council working with the applicant can cancel or reduce the allocation previously awarded The CoRA will submit an annual report to the TDED describing the status of each active project in their jurisdiction receiving CRD allocations. The annual reports will be due March 1 of each calendar year beginning in 2003 and ending in 2010 and reporting on activity ending December 31 of the previous year. The report will include: a. Status of the project being constructed and If available, date project was placed in service. (Including success st0des, press releases, news coverage, etc.) b. A brief narrative describing the impact of the CRD on the-Renewal Community. c. Number of direct and indirect jobs created and retained, approximate average salary. d. Copy of the Renewal Community's annual report to the U.S. Department of Housing and Urban Development. -179- Corpus Christi Renewal Community Commercial Revitalization Deduction Application for Allocations Calendar Year _~003 Allocations Applicants must submit I original atd 2 copies of their application to Pa~hcia Garcia, Intergovernmental Relations/Renewal Community, Ci~ i of Corpus Chrfsb; 1201 Leopard- 5'' Floor, Corpus Christi, Texas 78401. For additional information contact Patricia Garcia at 361-880-3235 or visit the web site at www. cctexas, com. Part I: Applicant Information Project Information for which you ar~ applying Company Name Company Address Project Census Tract Federal Tax ID Standard Industrial Code Texas Tax ID Number H stodcally Underutilized Business? Texas Workforce Commission UnemplOyment Insurance Number Yes No Type of allocation red uesting: [] An allocation in the calendar year in which a qualified revitalization building is placed in service [] A binding commitment to make an allocation of a specif'~.,d dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service [] A carryover allocation for a single-building project or a multi-building project Contact Information Name of applicant Title Mailing address City, State. Zip. Phone Alternate Contact Person Phone Fax Fax Requested CRD Allocation Amount of Capital investment Number of Retained Jobs* Number of New Jobs* * Only include jobs that pertain to this project when the project is placed in service, do not include indirect jobs or jobs from construction. -180- PaAII-Pr~ect DescHption Please provide a na,,a[~ve description of your project and how it meets the IRC Sec.1400 I Renewal Commun~ Tax Act of 2000 r~luirements. IncludeF 1) Background information about YoU or Your company 2) Purpose of the project 3) For new construction- a) Describe the plans for construction b) Provide a construction budget~ 4) For rehabilitation | a) Describe Your construction plans. b) Provide information of the co~t of the building or ratable basis of the building and total costs for rehabilitation. c) Provide a budget of the project. d) Describe how you meet the te~ for substantially rehabilitation (IRS Section 47(c)(1)(C)) 5) Provide a construction schedule ir]cluding beginning dates and end dates. Include the date that you will have incurred at teast 10% of the final basis of the project. 6) Provide current zoning of the project and if zoning changes will be needed, provide information of the zoning required for your project. Part III - Documents Requirements Your project will only be considere(~ if the following documents are provided: 1) Letter of commitment from a lendir~g institution stating that you qualify for a loan in the amount necessary to construct or rehabilitate the prqject and/or evidence that you have the funds available to complete construction or rehabilitation of the project. 2) Real estate contract demonst~ating~hat you are acquiring the property, evidence that you own the property, or land lease agreement. 3) Certificate of Account Status from the Texas Comptroller of Public Accounts. 4) Evidence that you are current in your Unemployment Insurance Tax w~'h the Texas Workforce Commission. 5) Signed Renewal Community Disclaimer. (see attached disclaimer) Part IV - Economic Development Re~quirements Provide a brief response to at least 71of the following questions. Please respond on separate sheet and label responses accordingly. 1. How does the project encourage e~pansion or diversification of the local economy? 2. How does the project contribute to worktorce training? 3. How does the project provide increased educational opportunities in the community? 4. Describe the type of worker benefits that will be provided. 5. How does the project encourage or support the manufacturing of goods or services that are sold outside the state? 6. Describe how the project will attract customers from outside the state or city? 7. How does the project foster the growth of entrepreneurship or technological innovation? 8. How does the project assist incubation or start up assistance to local businesses? -181- 9. How does the project facilitate the movement of goods, capital or information in to or out of the state or community, including destination tourism? 10. Provide your strategy for marketing goods or services statewide, nationally or intemationally. 11. How will the project utilize Historically Underutilized Businesses, renewal community businesses, small businesses, or Iow-income commut~ity businesses as defined by the new market tax credit?. 12. How does the project encourage th~ development or expansion of suppliers or ancillary businesses in the region? ~ 13. How does the project attract nationtal or international investment to the renewal community? 14. How does the project address quality of life issues voiced by local residents? 15. As a result of the project, describe how community residents are able to acquire goods or services previously limited or unavailable in the local area? 16. How does the project contribute to ~he health, safety and welfare of local residents? 17. How many jobs will be created for I~igh-dsk youth or other youth. Part V - Employment Information Provide the following information for REII'AJNED jobs. Provide on a separate sheet if necessary. * Only include jobs that pertain to this project when the project is placed in service, do not include indirect jobs or jobs from construction. Job classification Job flue Number of FTE Estimated hou~ Estimated annual positions wal]e Der,job Wage TOTAL FTE JOB~ __ ~ __ Provide the following information for NEW Jobs. Provide on a separate sheet, if necessary. * Only include jobs that pertain to this project when the project is placed in service, do not include indirect jobs or jobs from construction. Job classification Job title Number of FTE Estimated hourly Estimated annual positions wage per job wage TOTAL FTE JOB~ __ ~ __ -182- 1. Are you committed to working with the Workforce Network, Inc. to identify qualified candidates for the positions that will be created and where possible, hire Renewal Community residents, individuals meeting the criteria for work opportunity tax credit and welfare to work tax credit? r~ yes r~ no 2. Are you committed to affirmatively I businesses, local Iow-income commun greater) and/or businesses located in th ~idng minority workers and affirmatively contracting with minority owned ty businesses (businesses located in census tracts with 20% poverty or Renewal Community?. [] yes [3 no 3. Are you committed to hiring underskiIled, inexperienced, disadvantaged or displaced workers, where possible? gl yes [] no 4. Are you committed to providing on tile job technical and vocational training for economically disadvantaged or Renewal Community residents, where possible? [] yes r~ no 5. Is the project located in a Texas Enterprise Zone, Reinvestment Zone, Weed and Seed Area, CDBG eligible area, or HUB Zone? [] Texas Enterprise Zohe [] Reinvestment Zone [] Weed and Seed Area [] CDBG eligible area [] HUB Zone 6. Does the project eliminate slum or blight in a particular area within the Renewal Community? Q yes r~ no 7. Describe how the project contributes to a master plan, target area development plan, CDBG Consolidated Plan, Tax Incremental Finance Distdct Plan, and/or Texas Enterprise Zone Plan in the Renewal Community that has been adopted by the City of Corpus Christi? 8. Descdbe how you will involve residents and non-profit groups within the Renewal Community in your project at any level, and/or will you seek services provided by any partner of the Renewal Community? -183- 9. Applicants nominated by the City of Corpus Christi and certif'~:l by the State of Texas will be required to provide quarterly reports of the progress of the project until the project is placed in service. If the project is not proceeding as indicated in the application, the City may cancel or reduce the allocation previously awarded. Once the project is placed in service, the City will require!a bdef report describing the impact of your project. Will you cooperate and provide information regarding this Project as requested? r~ yes r~ no IRS Publica§on 954 - Revision 2002 d~scribes the CRD eligible expenditures. Consult your tax advisor for additional information, i Authorized Representative for Applica~ Date Company Name -184- RENEWAL. COMMUNITY DISCLAIMER ELIGIBILITY FOR ANY Of THE F COMMUNITIES THROUGH THE CC INTERNAL REVENUE SERVICE. Al= REGARDING ELIGIBILITY FOR AN' REVITALIZATION DEDUCTION. NEll' CAN GIVE ADVICE REGARDING APF TAX RETURN. BY THE SIGNATURI INDICATES THAT IT UNDERSTANr ENSURING COMPLIANCE WITH TAX COMMUNITY TAX INCENTIVES, INCl THAT ACCEPTANCE OF THIS APl GOVERNMENT REPRESENTATIVES THE BENEFITS OF THE COMMERCI~ -'DEl{AL TAX INCENTIVES MADE AVAILABLE TO RENEWAL MMUNITY RENEWAL ACT OF 2000 IS DETERMINED BY THE PLICANTS MUST CONSULT WITH THEIR OWN TAX ADVISORS OF THE TAX INCENTIVES, INCLUDING THE COMMERCIAL -IER THE CITY OF CORPUS CHRISTI NOR THE STATE OF TEXAS LICABLE TAX LAWS OR ASSIST WITH THE PREPARATION OF A i OF ITS AUTHORIZED REPRESENTATIVE BELOW, APPLICANT 'S THAT IT IS SOLELY RESPONSIBLE FOR REVIEWING AND .AWS REQUIRED TO RECEIVE THE BENEFITS OF THE RENEWAL .UDING THE COMMERCIAL REVITALIZATION DEDUCTION, AND ~LICATION BY THE CITY OF CORPUS CHRISTI AND STATE DOES NOT GUARANTEE THAT THE APPLICANT WILL RECEIVE tL REVITALIZATION DEDUCTION. Authorized Representative for Applicar~t Date Company Name -185- -186- CO City of s C hir Renewal Community (RC •Local Strategic Plan Through 2009 •2003 Allocation Process . Types of RC Tax IneenIr • Wage Credits (Renewal Community Employment Credit; Work Opportunity Tax Credit; Welfare to Work Wage--- • Credits and Deductions (Increased Section 179 co CIO Deduction; Commercial Revitalization Deduction; Environmental Clean-up Costs) • Capital Gains (Zero Percent Capital Gains Rate for RC assets) • Other Incentives (New Markets Tax Credit; Low - Income Housing Tax Credit) 0 6 . Community Renewal Apt of- r - 28 Urban, 12 Rural Renewal Communities - Selection based on: • Unemployment Rate • Poverty CO • Average Household Income • Continuous Census Tracts • Course of Action - Partnership Efforts • Narrative - Pervasive Poverty - Corpus Christi is the only urban renewal community in Texas 0 0 9 . 0 9 . 0 . Commercial Reit laza, t". Odd' r • Each RC is required to adopt a local strategic plan for allocating commercial revitalization deductions. • CRD allocations allow a taxpayer to accelerate the depreciation of their new or revitalized building in the Renewal Community. • Renewal Communities can allocate $12 million of CRDs annually until December 2009. • Each project can receive up to $10 million of CRD allocations. IRS New Rules and Proced..- r�� • Each Renewal Community has a $12 million ceiling of Commercial Revitalization Deductions each year. -- • Allocations can not be aggregated, with the exception of 2002. • Unawarded allocations can not be carried forward to the next calendar year. • CRD allocations can only be reallocated within the same year of the initial allocation. Three Types of GRID AIIoc'��� Allocations for building placed in service in the allocation year. • "Binding Commitment" to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service. • "Carryover allocation" for a single -building project or a multi -building project. L Local Strategic 'Plan Char,., - Timeline for accepting applications will be stated in the public notice. - Only projects meeting the guidelines and w providing documentation will be considered. - City Council may enter into a binding commitment to make an allocation from future allocations. - No aggregation funds will be available. 0 0 0 0 • Timeline for 2003 CRD Ai --4, 1 -Aug -03 8 -Aug -03 11 -Aug -03 19 -Aug -03 22 -Aug -03 30 -Oct -03 3 -Nov -03 24 -Oct -03 31 -Oct -03 3 -Nov -03 11 -Nov -03 17 -Nov -03 29 -Dec -03 2 -Jan -04 9 City of Corpus Christi -196-