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HomeMy WebLinkAboutAgenda Packet City Council - 09/30/2003 (J)CITY COUNCIL AGENDA SEPTEMBER 30, 2003 Corpus Christi 20O3 11:30 A.M. - Joint Meeting of the Port of Corpus Christi Authority and the City of Corpus Christi City Council to receive an update on Port activities and to discuss matters of joint interest, (Solomon P. Ortiz Center, Nueces Room, 402 Harbor Drive) 1:45 P.M. - Proclamation declaring Seplember 28, 2003 as "Gold Star Mothers' Day" Proclamation declaring the month of October as "National Breast Cancer Awareness Month" Proclamation declaring the r~onth of October as "Czech Heritage Month" Proclamation declaring October 5-11, 2003 as "Fire Prevention Week" Proclamation declaring October 9, 2003 as "Lights on Afterschool Day" Introduction of Leadership Corpus Chdsti Class XXXII AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 30, 2003 1:00 P.M. PUBLIC NOTICE - THE USE OF; CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea diHgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espat~ol en todas las juntas del Concilio pare ayudade. 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 361-860-3105) at least 48 hours in advance so that appropdate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Edward Garcia, Oak Park United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining __ City Secretary Armando Chapa __ Agenda Regular Council Meeting September30,2003 Page 2 E. MINUTES: 1. Approval of Regular Mi~eting of September 23, 2003. (Attachment # 1) F. BOARDS & COMMITTEE .~PPOINTMENTS: (Attachment # 2) 2. * Nueces County Tax Appraisal Distdct G. EXPLANATION OF COUN~CIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or oro~nances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two reading 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 subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice tc~ the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afler the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of a laboratory analyzer from DuPont Qualicon, of Wilmington, Delaware based on sole source in the amount of $35,000. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 3 6.5. Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Barcom Commercial, Inc., of Corpus Chdsti, Texas in the amount of $1,516.75 for the Health Department Laboratory Bio-Terrorism Preparation Project for a total construction cost of $26,250. (Attachment # 4) Motion authorizing the Cityi Manager or his designee to execute a construction contract with South Texas Utilities of The Woodlands, Texas in the amount of $655,200 for the sanitary sewer installation in deVeloped areas - Bass Subdivision Improvements. (Attachmdnt#5) Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Christi, Texas not to exceed $103,000 for ammonia and biological monitoring associated with the Rincon Bayou Diversion Project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Reseamh, Texas A&M University - Corpus Christi, Texas not to exceed $104,550 for salinity and freshwater inflow monitoring associated with the Rincon Bayou Diversion Project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a contract with Alan Plummet Associates, Inc., of Austin, Texas not to exceed $139,710 for assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; support of Rincon Bayou Diversion Studies; coordination of studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversion Project; and assistance with the Nueces River Basin Feasibility Study. (Attachment # 6) Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the FY 2003 Community Development Block Grant (CDBG) Program and the Emergency Shelter Grant (ESG) Program as follows: (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 4 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Accessible CommUnities, Inc. $120,795 for the construction of a new building, The Resource Center for Independent Living, located at 1537 Seventh Street. Boys and Gids Clul~ of Corpus Chdsti - $99,205 for air conditioning improvements to their facility located at 3902 Greenwood Drive. Corpus Chdsti HopelHouse - $58,000 for renovations and expansion to improve the living conditions for the residents of the homeless shelter located at 658 Robinson Street. Habitat for Humanity of Corpus Christi - $80,328 for roofing and electrical improvements to their facilities located at 304 North Staples and 306 North Staples. Nueces County Community Action Agency - $80,000 for their weatherization program for minor repairs to homes in Iow income target areas. Women's Shelter of South Texas $72,405 for rehabilitation improvements to their emergency shelter and support services facility. TG110, Inc. doing business as Lexington Manor Apartments - $35,000 to purchase and install industrial playground equipment for the youth at the apartment complex located at 3102 B Ray Ellison. EMERGENCY SHELTER ,GRANT PROGRAM - HOMELESS ACTIVITIES: Catholic Charities of Corpus Christi, Inc. - $10,000 Corpus Christi Hope House, Inc. - $15,000 Corpus Chdsti Metro Ministries, Inc. - $50,000 Gulf Coast Council of La Raza - $20,000 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 5 o 10. 11. I. Mary McLeod Bethupe Day Nursery, Inc. - $10,000 The ARK Assessment Center and Emergency Shelter for Youth - $12,750 n. The Salvation Army ~ $20,000 o. Timon's Ministries - $2,250 p. Women's Shelter - $30,000 Resolution authorizing the City Manager or his designee to execute an electdc supply agreement pursuant to the contract to be signed by South Texas Aggregation Project, Inc. (STAP) for deliveries of electricity effective January 1, 2004; authorizing eligible designees to include the Chairman of South Texas Aggregation Project, Inc. {Attachment # 8) Resolution authorizing the City Manager or his designee to submit a Coastal Management Program Cycle 9 grant application to the Coastal Coordination Council in the amount of $60,000 for the completion of Phase II of ~he Corpus Christi Beach Boardwalk Project with a City match of $40,000 from the Fdends of Corpus Christi Beach for a total project cost of $100,000. (Attachment # 9) Resolution authorizing the City Manager or his designee to submit an application to the Texas Parks and Wildlife Department for a subrecipient grant under t~he United States Fish and Wildlife Services's boating infrastructure grant program in the amount of $450,000 for the construction of 48 boat slips for visiting vessels in the Corpus Christi Marina, with a City match of $150,000 in the No. 4700 Marina Fund for a total project cost of $600,000. (Attachment # 10) Resolution amending the City Council Policies relating to reimbursement procedures for use of personal vehicles by the Mayor and Council Members and prohibiting the wearing of hats and caps in the Council Chambers during council meetings. (Attachment # 11 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 6 12. Ordinance abandoning arid vacating all the easement rights granted originally to HouSton Natural Gas Corporation and assigned to the City of Co~us Christi, as successor in interest, to a 256,578-square foot portion of a blanket easement within Lot 1, Oso Farm Tracts; recordedI in Volume A, Page 49, Map Records of Nueces County, Texa~; subject to compliance with the specified conditions and the owner, Thanksgiving Homes, replatting the property within 180 days at owner's expense. (Attachment # 12) 13. Ordinance abandoning and! vacating a 263-square foot portion of a 5-foot wide utility easement in Lot 13, Block 1, Windsong Unit 5 Subdivision; requiring the owner, Glen F. Wells, to comply with the specified conditions and replat the property within 180 days at owner's expense. (AttaChment # 13) 14. Resolution authorizing the City Manager or his designee to execute a reimbursement agreement between the Transportation Security Administration (TSA) and Corpus Christi International Airport to provide law enforcement personnel at the security checkpoints at the Corpus Christi International Airport in consideration of reimbursement; effective through September 30, 2003 with options to extend annually for up to five years. (Attachment # 14) 15. First Reading Ordinance - Authorizing the City Manager or his designee to execute a lease agreement with the United States through its General Services Administration for the Transportation Security Administration for use of space at the Corpus Christi International Airport in consideration of payment of rent at an annual rate of $66.71 per square foot for a term of fifty-four months with the option tO extend for an additional fifty-four months. (Attachment# 15) 16. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Landry's Seafood and Steakhouse-Corpus Christi, Inc., to operate a restaurant on the Peoples Street T-Head in consideration of payment of the greater of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 7 17. 18. 19. 20. J. 21.a. 21.b. PRESENTATIONS: (APPROXIMATELY 2:00 P.M.) Public comment will not be sOlicited on Presentation items. 'q'he Way It Was" - CorPus Christi History Exhibit Video and Curriculum Guide (Attachment # 17) %Nheelchairs for Peace" by the Sister City Committee (No Attachment) 6th Month Report for the Development Services Department, commonly referred to as the "One-Stop Development Center". (Attachment # 19) Memorial Coliseum Adaptive Reuse (Attachment # 20) PUBLIC HEARINGS: Public hearing on proposed assessments for improvements to the following highway in CorPus Chdsti, Nueces County, Texas: (Attachment # 21 ) Laguna Shores Road from Mediterranean to Caribbean (BOND ISSUE 2000) Ordinance closing the public headng on proposed assessments for improvements to the following highway in CorPus Christi, Nueces County, Texas: (Attachment # 21 ) Laguna Shores Road from Mediterranean to Caribbean Imposing assessments totaling $146,963.49 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as-built conditions; and specifying assessment payment terms and lien enforcement measures. (BOND ISSUE 2000) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September30,2003 Page 8 21.c. Motion authorizing the City[Manager or his designee to execute a construction contract w~th Berry Contracting Company, of Corpus Christi, Texas in the amount of $2,759,059 for the Laguna Shores Road Strefft Improvements from Mediterranean to Caribbean. (BOND ISSIJE 2000) (Attachment # 21) ZONING CASES: (NONE) K. REGUILJ~R AGENDA CONSIDERATION OF MOTIONS, R~ESOLUTIONS, AND ORDINANCES: 22. Resolution authorizing the City Manager or his designee to execute a subrecipient agreement and accept a State Homeland Security Grant from the Texas Engineering Extension Service in the amount of $2,026,402 for the purchase of specialized equipment under the State Domestic Preparedness Equipment Program. (Attachment # 22) 23.a. Motion authorizing the City Manager to execute an agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City of Corpus Christi. (Attachment # 23) 23.b. Motion authorizing the City Manager to execute a Memorandum of Agreement with the Corpus Chdsti Business and Job Development Corporation relating to the funding of expenses related to the construction of a baseball stadium. (Attachment # 23) PUBLIC COMMENT FROMM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30p. M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state YOur name and address. If you have a petition or other infom~ation petlaining tO your subject, please present it to the City Secretary.) CITY COUNCIL PRIORITY ISSUES (Refer to legend at t~e end of t~e agenda summary) Agenda Regular Council Meeting September30,2003 Page 9 24. N= 25. Si usted se difige a la junta y creegue su ingl~s es limitado, habr~ un int~rprete ingkJs..espa~ol en la reunk~n de Ia junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS~ ACCUSE, OR SHOW ANY PERSONAL DISRESPE(~T FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Govemment Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for minor league baseball stadium, with possible discussion and related action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities ,of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other bdef discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items 26. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting September 30, 2003 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Cily's official ,b. ulletin board at th~front entrance. to City Hall, 1201 Leopard Street, at 2003. ~,rmando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexa~s.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. 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES I ~CONTINUING PRIORITY ISSUES Airport / Seawall / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bo0d,ls~ue Imnrovements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. · Clearly define 'privatizat~on and re-engineering. · Make decisionS regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days, · Establish process to identify what services can and cannot be pdvatized. · Continue focus on park maintenance. Fint~nco · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,C0n~r01 and Preventi9n, · Continue implementation of the Comm~lity Policing initiative. Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities Umt~l and other youth crime tmtiatives. · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees E¢oB0mic Develonment Sales Tax · Establish election date. · Reconsider implementation plan for a Storm Water Utility. Packerv Channel · Continue quarterly reports on the pmg~s of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid ~vaste management system, inch~d!ng prlvatlzation. ~nternet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online ipermitting process. · Communicate brush pickup via e-mail. ,CDS · Continue active role. · Lease and complete renovation Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Re~listrictin~, · Develop Council-approved redistricting plan for the City of Corpus Christi !n4u~trlai Distr~c~ Contract · Review Industrial District contracts and determine date for approval Staff completes action requests in a timely manner. C]t3,/,County Health Issues · Continue discussions with County to determine s~ucture and process for the most effective and efficient delivery of health services M~rketin~ of CC Museum and !Columbus Shim · 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 Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Marke~ (studies, plans) *Solid waste / Pickup Base Closures **Northwest Librmy Northside Development Plan Traffic Controls (channeling, studying on/offramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA~Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item NEW PRIORITY INITIATIVES AND ISSUES City staff wtll develop and present to City Council action/implementation plans for the followtng priority Desalination Pilot Project *Code Enforcement in TraShy Neighborhoods *Employee Classification ~mdy Ma stet Drainage Plan Gat'wood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Developmem *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 "l 2003 CITY COUNCIL GOALS AND PRIORITIES Charter Revisions Legislative Agenda Increased CVB funding Trashy Neighborhoods Master Drainage Plan Garwood Water New Funding Sources for Inner City Improvements Improved Permitting Process NEW PRIORITY ISSUES ~ Long-Term Revenue Picture Bond 2004 Downtown Revitalization Skate Park Storm Water Drainage District ADA Compliance Park Master Plan Communication with Othet Taxing Entities Review of Sexually Odented Businesses Ordinance Call Center 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting S~ptember 23, 2003 - 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe Senior Assistant City Attorney Doyle Curtis City Secretary Armando Chapa Recording Secretary Rebecca Huerta Counci_______!l Mayor Pro Tem Melody C oper Mayor Neal called the m invocation was delivered by Dr. Allegiance to the United States fl~ Chapa called the roll and verified ti officers were present to conduct th~ regular Council meeting of Septer minutes as presented. City Staff.' Acting City Attorney Jay Reining :eting to order in the Council Chambers of City Hall. The David Lewis of Bayshore Bible Church and the Pledge of g was led by Council Member Henry Garrett. City Secretary at the necessary quorum of the Council and the required charter .. meeting. Mayor Neal called for approval of the minutes of the ~ber 16, 2003. A motion was made and passed to approve the Mayor Neal referred to Itcm 2 and the following board appointments were made: Cable Communications CommissiOn Commission on Children and Youth Juan Garcia Jr.(Appointed) , Amanda Desenberg (Appointed) Adria Renee Palacios (Appointed)i Coastal Bend Council of Govemn~ents Ron Massey, Asst. City Manager ~ppointed) Margie Rose, Asst. City Manager (Appointed) Museum of Science and History_ &dviso~ Committee Anna Peterson (Reappointed) Dr. Sharon Brower (Reappointed) Margaret Ellen Bolick (Appointed) Human Relations Commission Nancy Vera (Reappointed) Dr. Gustavo Valadez (Reappointed) Carol Ledbetter (Appointed) Lisa Bonilla (Appointed) Marisa K. Dowling (Appointed) Albert Santoya (Appointed) Regional Health Awareness Board Patrick McGloin (Appointed) Lillian Murray (Appointed) Assistant City Manager Jorge CruZ-Aedo (Appointed) Minutes - Regular Council Meeting September 23, 2003 - Page 2 Sister City Committee Judy Benkendorfer (Reappointed) Elizabeth Iglesias (Reappointed) Mary H. "Bebe" Morris (Reappoi~ ted) Sharon L. Phillips (Reappointed) Drew Combs (Appointed) John Rocha (Appointed) Mayor Neal acknowledged who was presenting the city with Mayor Neal called for cot Chapa announced that Item l0 was Member Jesse Noyola was abstait Scott announced that he was abstai requested that Items 5, 7 and 8 be di was made and passed to approve ] Items 5, 7 and 8, which were pulle Council for their votes as follows:' Mr. Ray Allen with the Coastal Bend Bays and Estuary Program, check on behalf of his organization. sideration of the consent agenda (Items 3-12). City Secretary being moved to the regular agenda. He also stated that Council ing from the discussion and vote on Item 9. Council Member aing from the discussion and vote on Item 12. Council members scussed. There were no comments from the audience. A motion rems 3 through 12, constituting the consent agenda, except for 1 for individual consideration. City Secretary Chapa polled the 3. MOTION NO. 2003-339 Motion approving a supply agreement with Marshall's Texas Battery Service, Inc., of Corpus Christi, Texas ~n accordance w~th B~d Invitation No. BI-0111-03 for approximately 820 automotive and comflaercial batteries based on low bid for an estimated annual expenditure of $32,540.50i The term of the supply agreement shall be for twelve months with the option to extend fOr up to two (2) additional twelve-month periods, subject to the approval of the supplier anti the City Manager or his designee. Funds have been budgeted by the using departments for FY 2003-2004. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meetigg September 23, 2003 - Page 3 MOTION NO. 2003-340 Motion approving a suppl~ agreement with Brown Mule Mowing, Inc., of Corpus Christi, Texas for mowing of storn~ water right-of-ways in accordance with Bid Invitation No. BI- 0063-03 based on low bid [or an estimated two year expenditure of $646,148.96. The term of the contract will be for twenty-four months, subject to annual appropriations with an option to extend for up to t~vo additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 2~)03-2004. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6. MOTION NO. 2003-342 Motion authorizing the pity Manager or his designee to execute a twelve-month maintenance agreement w lth an option to renew for an additional year, subject to a five percent increase with Sierr ens Transportation Systems, Inc., of Cedar Rapids, Iowa in an amount not to exceed $84,395 for the hardware and software support services for the Police and Fire Department's mok ile data computers/automated vehicle locator systems located in emergency vehicles. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. RESOLUTION NO. 025493 Resolution authorizing the City Manager or his designee to execute a Local Transportation Project Advanced Funding Agreement for Voluntary Transportation Improvement Projects (on-system) for landscaping State Highway 44 at International Drive with no local match, but with maintenance responsibilities. The foregoing resolution Was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, a~d Scott, voting "Aye"; Noyola abstained; Cooper was absent. 11.a. MOTION NO. 2003-345 Motion authorizing the City Manager or his designee to accept a grant in the amount of $198,581 fi.om the United States Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2003 Law Enforcement Block Grants Program and to execute all related documents. The foregoing motion waS passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 23, 2003 - Page 4 11.b. ORDINANCE NO. 02549~ Ordinance appropriating $]~98,581 from the United States Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grants Fund to purchase law enfomement equipment for the Police D Enforcement Trust Fund as An emergency was declare vote: Neal, Chesney, Colm~ Cooper was absent. 12. ORDINANCE NO. 02549~ Determining advisability, n assessment method and al approving and filing prelim Field Public Improvement ~-partment; and appropriating $22,065 from the No. 1061 Law the grant match. el, and the foregoing ordinance was passed with the following nero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; ture and cost of improvements; determining district boundaries, ~portionment of costs between district and city as a whole; nary assessment roll; and authorizing and establishing the Rodd )istrict. (First Reading 09/16/03) The foregoing ordinance v~as passed on its second reading with the following vote: Neal, Chesney, Colmenero, Garr~tt, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained; Cooper was absent. Mayor Neal opened discu.~sion on Item 5 regarding a software maintenance agreement. Council Member Kinnison noted tllat this software was used by the 9-1-1 dispatch system. He said that at one point, there was a problem with the billing for this item. He asked if the problem still existed or if the account was currant. City Manager Noe replied that he would check with Police Chief Alvarez for more informatic~n. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2003-341 Motion authorizing the CiW Manager or his designee to execute a twelve-month software maintenance agreement w~th Tiburon, Inc., of Fremont, California in an amount not to exceed $82,107.62 for records management, computer aided dispatch, mobile data, automated vehicle locator and video imaging. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 7 regarding a Child and Adult Care Food Program. Council Member Kelly asked if the food provided in this program had nutritional value. Mr. David Ondrias, Acting Director of the Park and Recreation Department, replied that the program was coordinated with CCISD and that the school district decided what food items to provide. He added that it was a federally funded program, and thus the school district ensured that it met the appropriate nutritional requirements. Mr. Kelly asked if staffknew whether the types of foods being provided were in fact nutritious. Ms. Linda Hodge, Assistant Director of Programs, replied that federal Minutes - Regular Council Meeting September 23, 2003 - Page 5 guidelines dictate what types of fo~ junk food were allowed. She said most of the foods. Mr. Kelly asked meals. Ms. Hodge replied that it w~ at other school sites. Mr. Kelly ask~ school district and city staffoversa, asked what type of compliance the that the program was doing so well ~ to a state board to assist other sch excellent program. ,ds are to be provided. She assured Mr. Kelly that no sodas or that the city contracted with CCISD Food Services to provide if staffwas satisfied that the program was providing nutritious .s an excellent meal program, consistent with the food provided :d if the city monitored the program. Ms. Hodge replied that the v the program, and it was audited about twice a year. Mr. Kelly city was achieving, pursuant to the audits. Ms. Hodge replied hat the city staffmember who runs the program has been named )ol districts with their program. She reiterated that it was an City Secretary Chapa polle, MOTION NO. 2003-343 Motion authorizing the Cit $206,451 from the Texas D~ Program (CACFP) to pro enrichment programs for F' I the Council for their votes as follows: t Manager or his designee to accept a grant in the amount of ..partment of Human Services for the Child and Adult Care Food vide after school snacks to youth enrolled in after school ( 2003-2004. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 7.b. ORDINANCE NO. 02549 Ordinance appropriating a grant in the amount of $206,451 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No. 1067 Park and Recreation Grants Fund providing for after school supplements for youth enrolled in approved after school enrichment programs for FY 2003-2004. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmbnero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 7.c. RESOLUTION NO. 0254~2 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement With Corpus Christi Independent School District for the After School Snack-Child and Adult Care Food Program. The foregoing resolution Was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 8 regarding RTA Bus Stop Miscellaneous Street Improvements Project. Council M~mber Colmenero asked what the extent of the project was. City Engineer J~ngel Escobar replied that this was an important project that would improve the intersection of Santa Fe and Morgan Avenue to meet ADA compatibility requirements. He said the Minutes - Regular Council Meeting September 23, 2003 - Page 6 improvements would include curb ramps and new crosswalks. He also said that the improvements would include a bus pad and woul~l allow for a wider turning radius for the RTA's new buses. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2003-344 Motion authorizing the Cit3 Barcom Commercial, Inc., Regional Transportation At Manager or his designee to execute a construction contract with of Corpus Christi, Texas in the amount of $100,017 for the thority Bus Stop Miscellaneous Street Improvements, Phase 2A. The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, l~oyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal noted that Qouncil Member Cooper was absent today because she was recovering fi.om surgery. He said ~hat she would be recuperating for several weeks. On behalf of the Council, he wished her a quicl~ recovery and wished her family well. Mayor Neal referred to thq presentations on the day's agenda. The first presentation was Item t 3 regarding the Regional Transportation Authority (RTA) Downtown Streetcar Alignments and Technology. Ms. Linda WatsOn, Director of the RTA, said she was joined by Board Chairman Mike Rendon, to provide a brief Overview and presentation on the status of the Streetcar project. She said that no action was required today, but she welcomed the Council's comments. She noted that the RTA Board was scheduled to decide whether to move forward with this project during their October 8 meeting. Ms. Watson provided a bribfbackground on the project. She said that a year ago, when the city approved their capital improvement projects, she was repeatedly asked what the RTA was planning to do to address the parkiOg and congestion problems in the downtown area. At that point, Ms. Watson said that the RTA partaered with the city, the Downtown Management District (DMD), the Port of Corpus Christi, and the MPO to fund a feasibility study. She stated that the RTA wanted to learn what role public transportation would play in the downtown area to connect the projects. She said that the results of the study would be provided shortly. Ms. Watson stated that the next step in the project was to review the environmental assessment process. She noted that the RTA had held a technical workshop last week to obtain broader input from the communiW on the streetcar project. She said that RTA staff would be presenting this item to the Board of Directors at their next board meeting on October 8 to ask them to narrow down the vehicle technology and also the alignment to two options. Ms. Watson also mentioned that last month, a group of city, port, DMD and RTA staffwent on a trip to visit the streetcar systems in Tampa, FL and New Orleans, LA. She mentioned that city staff also were able to visit the desalination plant in Tampa. She said they received a great deal of input from these visits. Most importantly, Ms. Watson said that they learned that the key to a successful project was the cooperation from all the palmers in the community. She said that their / Minutes - Regular Council Meeting September 23, 2003 - Page 7 streetcar projects were especially successful at triggering the economic development of undervalued property in their communities, particularly around the waterfront area in Tampa. She introduced Mr. Alan Wulkan, Senior Vice-President with PB Consulting, who was the principal in charge of the streetcar streetcar project. First, Mr. Wulka the RTA was following for this pr feasibility study. Third, he said th current state of the project. Finall Regarding the federal im following five steps in the proc, engineering; final design; constru designed to define what the role of He said that of special note in the ¢ new transit investment because at tt (TEA-21) was taking place. Duri vehicle technologies was evaluated and needs of the city. He said th~ whether a transit investment wouk 3roject. Mr. Wulkan provided an overview on the status of the said he would review the federal implementation process that ~ject. Second, he said that he would provide the results of the at he would review the environmental assessment process, the he would cover the results of last week's workshop. lementation process, Mr. Wulkan said that there were the ss: feasibility study; environmental assessment/ preliminary :tion; and operation. He said that the feasibility study was public transit could be in the downtown transportation system. iscussion was the unique opportunity the city had in looking at e same time the federal reauthorization of the transportation bill ~g the feasibility study, Mr. Wulkan said that the entire gamut of to determine which type would be most compatible with the size they also looked at every street in the downtown area to see be feasible. Mr. Wulkan stated that tha results of Phase 1 of the feasibility study determined that the following: a high capacity transit v~as feasible to carry forward into the environmental assessment phase; and that the streetcar was tl~e preferred technology. He said that the RTA board accepted those recommendations and approx~ed moving into the second phase, environmental assessment and preliminary engineering. Mr. Wultzan noted that the RTA began this phase a month ago, and it was expected to take 12 months to con~plete. He reported that the RTA had submitted a management plan, a purpose and needs stateme~at and a public participation plan. He said that now, they were at the screen alignment/technologY option stage, which involved narrowing down the alternatives. Once that decision was made, he said that the remaining nine months would be spent in implementing an extensive outreach program and technical evaluation to determine whether or not to proceed with the program. Mr. Wulkan provided more~ detail on the purpose and need statement. He said that it would define the transportation problems br needs anticipated without the project. It would also define the project goals and objectives to address the problems or needs. He said that it was required by the federal process and would be completed within the next two weeks. With regard to the public involvement plan, Mr. Wulkan said that it would outline all of the target audiences to get them involved. He noted that the target audiences included the following groups: public and civic leaders; downtown property owners, business owners and workers; city residents; and visitors and tourists. He mentioned that Ms. Carol Scott was the Manager of Public Involvement. He said that the goals of the public involvement plan were the following: obtain significant public input; key decisions by RTA board, public officials, and FTA whether to move project forward; and project implementation. Mr. Wulkan stated that while staff was waiting to make the recommendation to the RTA Minutes - Regular Council Meeting September 23, 2003 - Page 8 board, they had met with project partners, met with city staffand others involved with the program. He said that they would attend th~ Buy the Bay Showcase to survey the general public, and had planned some "Go to Them" events as well. With regard to the financial following: demonstrate the RTA's service; demonstrate strength of 1~ "exempt" funding. He noted that tt To qualify, a project would need t( that the project would not need to ¢ very quickly through the project dc Mr. Wulkan said that we t~ community said that the city or the federal funds. He said that the w~ sources that combined to meet the I sponsorship; installation of parkinl financing (TIF); improvement dist~ event tickets. Mr. Wulkan also me a proposed federal Streetcar Revit~ plan, Mr. Wulkan said that the plan was targeted to achieve the financial capacity for existing services and proposed streetcar TA's financial commitment; and qualify for FTA New Starts e FTA New Starts "exempt" funding was a unique opportunity. cost $25 million or under in federal funds. If eligible, he said ompete with larger FTA New Starts programs and could move velopment phase. ey were visiting the Tampa and New Orleans projeets, neither RTA by themselves provided 100% of the local match for the y these projects were historically funded through a variety of ~cal match. He listed the following possible sources: corporate meters; private donations (monetary or ROW); tax increment ict streetscape, lighting and landscaping; and admission fee on ~tioned another source of funding, namely to take advantage of lization Pilot Program specifically for streetcars. With regard to the Transit Planning Workshop held last week, Mr. Wulkan said that the goals of the workshop were to recommend transit vehicle technology and to recommend two alignments. He said that the workshop presented two vehicle technology options that were appropriate for the Corpus Christi area, buses or stree!cars. They broke all the alignments in the downtown area into six parts for evaluation purposes. He said that the alignments were basically as follows: 1-37 North, 1-37 South, whether to go to the coliseum, and what the alignment should be East to West. Mr. Wulkan stated that the WOrkshop results overwhelmingly indicated that the streetcar was the preferred vehicle technology. He said that three preferred alignments emerged fi.om the workshop. He noted that all three alignments had a downtown loop (east/west) in common. He said that the preferred alignments we,re Chaparral Street, Water/Chaparral Streets and Shoreline Boulevard. Mr. Wulkan said that they also asked if the initial line should extend to the Memorial Coliseum/Holiday Inn/Spohn Hospital. He said that the answer was yes. He also said that they asked for input on how future marina development should be served by transit. Mr. Wulkan reported that there were three suggestions: ;~ rubber tire trolley; privately operated tram service; and having the streetcar mn close to Shorelin~ Boulevard for access. In conclusion, Mr. Wulkan l'eferred to the environmental assessment schedule and noted that they were at the beginning of the process. He said it was an exciting project and that they were getting a great deal of cooperation ifrom the community and others. Council Member Colmenero asked if it was necessary to have a line running along John Sartain and Lipan Streets. He suggested nmning the line down Shoreline Boulevard instead. Mr. Wulkan replied that this option had been discussed before, but he explained that since they were applying for federal transit funds, that had to make a direct connection to the existing transit system. He said that they had to make the strongest possible case that the project had a transit purpose, and / Minutes - Regular Council Meeting September 23, 2003 - Page 9 connecting to the Staples Street st~ Council Member Scott spob project would work in relation mentioned that since a number of,, it might also be an opportune time that there was an opportunity to co~ to fund the stormwater projects, del one of the values of partnering was project was the relocation and rebt Council Member Scott aske replied that for the next six to sev¢ partners to develop the financial pk that the costs would be determined financing would not need to be m; engineering, which would not take tion was crucial to this argument. e in support of the streetcar project. He asked how the proposed , the stormwater improvements planned for downtown. He 'eets downtown would need to be torn up for stormwater repairs, o lay track for the streetcar project. City Manager Noe replied abine the projects so that the federal funds could be used in part ~ending on what alignment was chosen. Mr. Wulkan added that that an eligible cost under the implementation for the streetcar ilding of drainage. t when the cost of the project would be determined. Mr. Wulkan a months, the RTA would be working with community and its n as they are developing the alternatives. Mr. Wulkan estimated sometime in March or April 2004. He said that the decision on de until the project was submitted to the FTA for preliminary place until May or June 2004. Mr. Scott asked how quicklI f the line could be opened. Mr. Wulkan replied that if the project cost was kept under $25 million in federal funds, then the delays could be kept to a minimum. He said that the project would probabl ~, take two to three years to build, if money was no object. Mr. Scott asked when the TEA-21 Bill reauthorization would take place. Mr. Wulkan replied that it would probably happen during At~ril/May 2004. Mr. Scott asked if there was any prohibition to adding surcharges to tickets. City Manager Noe said he would look into it. Mr. Scott asked what the relationship between the convet down Shoreline Boulevard. He r Shoreline Boulevard for the view Wulkan replied that it was a nattr activity centers or whether it shou determine how to balance these is,, ience of going down Water/Chaparral Streets and the view going ~entioned that he thought it would be preferable to go down but noted that the feasibility study did not support this. Mr. al debate whether the line should more directly serve current d be more scenic for the tourists. He said it was up to staff to ues to develop the best project. Council Member Kinniso~ asked what the current ridership was to go from City Hall to downtown. Ms. Watson replied th,t there were between six and eight thousand daily boardings and arrivals at the Staple Street station. She said that she could not say what the riders final destination was. Mr. Kinnison expressed his concern that the trolley system would have to go the City Hall and the County Courthouse, since the trolley system was designed to attract tourists. He also expressed his concern that this route would not be cost effective, because he did not believe that there would be enough demand from the ridership to warrant the expense of building this particular route. Mr. Wulkan replied that it would be difficult to obtain federal funds for the project if did not connect directly into the current transit system. Ms. Watson added that another benefit of connecting to City Hall and the County Courthouse Was the available parking, which would facilitate a park and ride arrangement. Mr. Kinnison asked if the timing of the streetcar project would coincide with the stormwater system improvements downtown. City Manager Noe replied that there was more urgency for the downtown drainage improvement~, so there would be a great deal of coordination that would need to take place for the two processes ko work together. Mr. Kinnison noted that much of the drainage Minutes - Regular Council Meeting September 23, 2003 - Page 10 work that needed to be done was ir was chosen, then the issue would b~ an effective public information ca: Scott, Manager of Public Involvem added to the usual methods ofreacl~ opinions and feedback through wel the trip to visit Tampa and New O Christi. Council Member Kelly corr gotten in rehabilitating economical would like to see the project expm revitalize that area and to change ! asked how expandable the projec population. Mr. Wulkan replied tt a regional streetcar project. He sai economic development was not g achieve the best results, Mr. Wullc city and RTA to determine where available to achieve it. He said th~ Kelly asked why some projects we was a combination of urban planni Council Member Noyola st want it to affect the drainage impt suggested that the line be expand development in that area. He spoke system. Council Member Garrett North Chaparral and South Water the Water Street area, so if the Shoreline Boulevard alignment : moot. City Manager Noe agreed. Mr. Kinnison cautioned that npaign would be key to the success of the project. Ms. Carol ~nt, replied that a number of non-traditional methods were being lng the public, including "Go to Them" events and documenting ,-based surveys. Finally, Mr. Kinnison said that he had enjoyed 'leans, particularly Tampa because of its similarities to Corpus mented that he was struck by the results other communities have [y challenged areas with a streetcar system. He stressed that he td into the Agnes and Laredo Streets corridor at some point to he possible perception that this was a "Shoreline project". He : would be, so that it would impact a broader section of the at the feasibility study had looked at the possibility of creating t that the project was definitely expandable. He cautioned that Jaranteed to be a result of the streetcar implementation. To m stressed that there would need to be partnership between the aew development was wanted and how many tools there were it the streetcar system could be one of the tools available. Mr. 'e successful while others were not. Mr. Wulkan replied that it ag, incentives and the market. oke in support of the streetcar project, but noted that he did not avements planned for other areas besides downtown. He also ed to the Port Avenue area in hopes of triggering economic in support of the Shoreline Boulevard alignment for the streetcar ~sked if it would be feasible to have two tracks running down ;treet. Mr. Wulkan replied that it was possible, but there were two issues: it would be more expensive because more stations would be needed and that the power sources would need to be duplicatqd. Mr. Garrett commented that he felt the City Hall connection was important because it would prgvide more available parking. He said that this was an exciting project and he supported. The next presentation x~as Item 14 regarding the Fourth Quarter FY 2002-2003 Budget/Performance Report. Ms.~indy O'Brien, Acting Director of Management and Budget, stated that the information containgd in the report represented preliminary year end financial data. She said that the Budget Office made every attempt to account for and include outstanding encumbrances and anticipated final adjustments based upon current information available. She noted that the final audited results Would be reflected in the city's Comprehensive Annual Financial Report (CAFR) due for completioniin November 2003. She added that the City Council goals/issues had been updated and were included as a separate section. Ms. O'Brien said there were a number of issues that had to be considered in the preparation of the budget. She noted that the city had lost $1 million in revenues from the hospital district that had been used to fund the Health Department. She also said that, due to deregulation, the city's electric franchise revenue had also been declining, resulting in a reduction of $1 million in revenues. Minutes - Regular Council Meetin September 23, 2003 - Page 11 Finally, Ms. O'Brien stated that t~ classification plan was scheduled f Regarding General Fund Y currently $600,000 under budget fc for this decline was the delayed e: commented that the sales tax reven said that Municipal Court revenue: 2002 opinion by the Attorney Gene She said that a recent bill now alloy would help this fiscal year. Phase I implementation of the employee compensation and this fiscal year, and would require $2 million in funding. rD revenues, Ms. O'Brien noted that sales tax revenues were r year ending July 31, 2002. She said that a contributing factor t'ects of the events of September 11. However, Ms. O'Brien acs for August were running $87,000 over estimates. She also . were running below revenue projections, due to a September :al that only failure-to-appear cases were eligible for collection. ed a 30 percent collection fee on all delinquent accounts, which Regarding General Fund expenditures, Ms. O'Brien reported that all departments were at or under budget. She said that this r{flected positively on the management, who managed to reduce expenditures when revenues did no~ meet expectations. Ms. O'Brien discussed several general fund fiscal notes, including the unanticipated expenses related to storm/tornado costs, a sales tax audit adjustment of $796,125 and significant measures to curtail overall operating costs. She said that the year end result was a preliminary net increase of $1.3 million in unreserved fund balance, mainly due to a reduction in department egpenditures. Regarding the YTD enterprise fund revenues, Ms. O'Brien noted that water fund revenues were recording at 95 percent. Sl~e said that the low consumption was attributable to the large amount of rainfall the city had in 2002-2003. She noted that the gas fund had fluctuated due to the fluctuating cost of fuel. With regard to the wastewater fund, Ms. O'Brien pointed out the fund was running 164 percent of budget at this time because of the proceeds of the advance refunding in 2003. If this portion of the budget was removed, then she said that the budget would run 93 percent of revenues. With regard to YTD ex@enditures, Ms. O'Brien said that the utilities funds correspond with the changes noted in the revegue percentages. Ms. O'Brien reviewed a n~amber of notes regarding the combined utilities, including the following: storm/tornado related qosts; lower water sales; higher PGA "pass through" costs; and significant measures to curtail operating costs. She said that the year end result was the programmed draw down of the fund balance. With regard to the internal service fund revenues, she noted that Maintenance Services was running higher than normal became of the $10 million loan they had received for improvements to the One Stop Center. Ms. O'Brien noted that the internals service fund expenditures were running under budget except for Risk Management, which was running over budget due to rising medical costs. Ms. O'Brien provided a aumber of Risk Management fund fiscal notes, including the following: self-insurance claims lower than budget estimates; employee funded benefits accounted for separately as a "pass through"icost; and general liability remediation work funded directly by departments. She concluded that the year end result was an improved year end position compared to earlier budget estimates, running $1.2 million in the black. With regard to Special ReVenue funds, Ms. O'Brien reported that the Hotel Occupancy tax Minutes - Regular Council Meeting September 23, 2003 - Page 12 fund was reporting 93 percent ot~ revenues. She noted that the revenues fi.om the island were included on top of this amount, anc~ that there were currently underestimated. She remarked that the Reinvestment Zone No. 2 fund had outperformed estimates, and was running at 155 percent of budget. She said that the special seawall, and the arena expenditure fluctuations in these categories w~ reflecting them in the budget. Ms. ~ hotel occupancy tax and visitor fac occupancy revenues; and signifie~ center. Mayor Neal expressed his reflected in the general fund budg variances were comparing one year departments had come in at budget fourth quarter report that provided intent of the fourth quarter report performed. He stressed that it was i the variances were reflected in the wanted a year-to-date budget coml The final presentation was ] Noe noted that this a particularl anniversary of Bond 2000. He saic projects underway. City Engineer Escobar ret following actions had been taken: t construction; and one was in the latl the following actions had been take seven approved projects were rec~ Finally, of the thirty street impro~ projects had been completed; three pending Council award; two were coordination; and two were on-goi Council Member Noyola s1 contractor had placed some dirt bel revenue expenditures for the Reinvestment Zone No. 2, the s were all in their second year of operations. She said that the re due because they were developing new debt schedules and )'Brien concluded the presentation by mentioning the following ility fund fiscal notes: decrease in tourism reflected in the hotel nt measures to curtail overall operating costs for convention :oncern that the variances in the fourth quarter report were not et summary for the year. City Manager Noe replied that the to the prior year, as opposed to being a year-end update of which and which had not. He said that staffcould add a section to the this information. Mayor Neal replied that he thought that the should be to inform the Council on how each department had mportant for the Council, as a policy making body, to know that budget because it would affect their decision. He said that he ,arison fi.om this point forward. Iem 15 regarding the Bond 2000 quarterly report. City Manager f important update because the city was close to the third that by this point, the city had committed to having most of the orted that of the five Public Health and Safety projects, the ne had been completed; one was near completion; two are under er design stages. Of the thirty-two Park and Recreation projects, a: all thirty-two projects had been completed; and an additional riving further construction enhancements due to cost savings. ement projects, the following actions had been taken: seven were near completion; eleven were under construction; one was under design and close to bidding; four were waiting TxDOT ag (city share of new subdivisions and street lighting). ~oke regarding the project on CliffMaus Road, saying that the rind a daycare center in the area. He asked if the dirt was going to be removed. Mr. Escobar repli{3d that he would find out. Council Member Kinnisoni asked for an update on the light on Saratoga Boulevard. Mr. Escobar replied that it would be an additional two months before the project could proceed because they were waiting for equipment. !Council Member Kinnison asked for a status on the Yorktown project. Mr. Escobar replied that tlhe project was being bid now and the bids would be received on October 15. Regarding the Seawall Project, Mr. Escobar said that the stepped seawall from Power Street Minutes - Regular Council Meetin September 23, 2003 - Page 13 to Peoples Street was on schedule fi the remainder of the Phase One anticipated to be completed by yet construction contract for the T-he~ design contract to complete Phas mentioned that a portion of the Mc( the city has been working with ~I determine how to capture the trash ,r bidding in the November/December time frame. He said that ;tepped seawall, from the barge dock to Power Street, was r's end. He reviewed that the Council had awarded a second d and L-head portion of the seawall construction and a third ~' C for the Marina Reach was also awarded. Mayor Neal ~ee Beach area was littered with trash. Mr. Escobar replied that exas A&M University - Corpus Christi to obtain a grant to coming out of the drainage box in that area. Mr. Escobar reported that Multi-purpose Arena Facility project was progressing very well. Council Member Noyola asked if ~he walk-through for this facility was going to be rescheduled. Mr. Escobar replied affirmatively. Mayor Neal remarked that the seawall construction would present an excellent opportunity to remove the median on Shoreline Boulevard near the arena and convention center. City Manager Noe replied that the South Centr~tl Area Development Plan contained a major discussion and recommendation on this issue for the Council's consideration. Mayor Neal reiterated that the city should seriously consider removifig the medians near the arena and convention center. City Manager Noe said that staff wouldl provide a rough cost estimate for removing the medians. City Engineer Escobar ren~arked that the purchase of the land with an option to buy an additional 80 acres for the Public Safety Training Facility was on the agenda today. City Manager Noe said that the site was ideal but that it had to be broken up into phases because the land acquisition cost was not built into the bond issue. Mr. Escobar said that the design for the fire tower and the shooting range would be available in November 2003. Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0803-01, Rhonda McGinl.e,,v-Lehnert: A change of zoning from an "R-lB" One- family Dwelling District tc~ an "AB Professional Office District on Flour Bluff Gardens, Block 3, Lots 13 and 14, located along the southwest comer of Waldron Road and June City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AB" Professional Office Dlstrict. No one appeared in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. Minutes - Regular Council Meeting September 23, 2003 - Page 14 Mr. Chapa polled the Council for iheir votes as follows: 16. ORDINANCE NO. 02549~ Amending the Zoning Ot changing the zoning map ir One-family Dwelling Dk, comprehensive plan to acc~ An emergency was declare vote: Neal, Chesney, Colm~ Cooper was absent. Mayor Neal referred to Iter public hearing on the following zo Case No. 0803-02, John "I-2" Light Industrial Dist Waldron Road and approxi ~inance upon application by Rhonda McGinley-Lehnert by reference to Flour Bluff Gardens, Lots 13 and 14 fi.om "R-lB" trict to "AB" Professional Office District; amending the ~um for any deviations fi.om the existing comprehensive plan. d, and the foregoing ordinance was passed with the following :nero, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; ~ 17, and a motion was made, seconded and passed to open the ting case: nkin: A change of zoning fi'om a "B-3" Business District to an :ict on Yorkwald Acres, Lot 14, located on the east side of nately 450 feet north of Yorktown Boulevard. City Secretary Chapa said of a "1-2" Light Industrial District. was made, seconded, and passed to votes as follows: 17. ORDINANCE NO. 02549~ Amending the Zoning Ordi~ map in reference m Yorkw Industrial District; amendin he Planning Commission and staff recommended the approval No one appeared in opposition to the zoning change. A motion :lose the public hearing. Mr. Chapa polled the Council for their tance upon application by John Mankin by changing the zoning fid Acres, Lot 14, from "B-3" Business District to "I-2" Light ; the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed with the fol,[o~wi_n,,g_ vote: Neal, Chesney, ColmCnero, Garrett, Kelly, Kinnison, Noyola and Scott, voting Aye; Cooper was absent. Mayor Neal deviated from the agenda and opened discussion on Item 10 regarding a letter of agreement for the Nueces River Watershed Feasibility Study. Assistant City Manager Massey explained that the Corps of Engineers (COE) had completed a reconnaissance study of the Nueces River basin, which identified 10 projects as being of COE interest. He said that projects of COE interest usually involved ecosystem restoration or flood damage control. He said that if the COE found co-sponsors for these projects, then feasibility studies could be conducted to determine the viability of the projects. Mr. Massey said that under federal rules, the COE and co-sponsors shared the cost of the Minutes - Regular Council Meeti~ September 23, 2003 - Page 15 feasibility study on a 50-50 basis. ~fthe project was determined to be feasible and a decision was made to execute the project, up to ~5 percent of the construction cost could be funded by the COE. He said this was a distinct advantage to working with the COE. Mr. Massey stated that all.l>f the projects identified in the study would be executed in the Nueces River Basin. He said that tlte important ecosystems dependent on the Nueces River System were the Hill Country streams and associated springs and the Nueces Delta and Estuary. He said that the reconnaissance study identified the following ten potential projects, and of these projects, six were chosen to continue into the~ feasibility phase. Mr. Massey said that staff felt that any project taking place in the Nueces Bay BaSin was of interest to the city, because the outcome could further or detract from our water rights inlhe area. He said that each of the six projects was mentioned in the Regional Water Plan as a wa~ to optimize our watershed, create drought-proof supplies or demonstrate environmental benefitts to Coastal Bend Bays and Estuaries. He listed the six projects as follows: Cotulla diversion; two-way pipe with off-channel storage; desalination; recharge enhancement projects; wastewater diversions to the Nueces River Delta (treated effluent placement); and brush control. Mr. Massey said that therei were five other agencies besides the COE that had expressed interest in becoming co-sponsors for various combinations of those projects. He said that staff's accomplishments to date were thel following: identified co-sponsors; developed a Draft Project Management Plan, including phasing of projects and clear stopping points; and developed draft Federal Cost Share agreement. He said that the final draft Federal Cost Share Agreement covered the following: obligations of the parties; method of payment; study management and coordination; termination or suspension; as well as - disputes, maintenance of records, relationship of parties, prohibition against lobbying and obligations of future appropriations. Mr. Massey said that the cOst to complete all six projects are estimated at $10 million and take four to five years to complete, with a 50-50 cost share between the COE and the co-sponsors. Thus, the co-sponsors would be required to contribute $5 million. He said that it was estimated that the city's share of the total cost of the feasibility study would be $1.7 million, or 17 percent, if all six studies were taken to completion. He noted that the agreement was written so that an individual study could be terminated prior to completion. He said that in-kind contributions would be accepted. Council Member Scott asked why the city was providing financial support for the recharge enhancement project when it appeared that it would benefit San Antonio at our expense. Mr. Massey replied that if in fact the project was found to be feasible and was approved for federal funding, then the city should be inx{olved to assure that the mitigation was properly addressed. Mr. Scott took exception to this, sayir~g that it seemed like a high price to pay to protect the city's interests. Mr. Massey replied thatlthe mitigation could be a desal plant or other valuable project. Mr. Scott stated that he opposed toifinancially supporting a project that would benefit San Antonio at our expense. Mr. Massey replied that if one looked at all six of the projects, four of the projects would benefit Corpus Christi. In response to Mr. Colmen~ro's question, Mr. Massey said that San Antonio could proceed with its plans without Corpus ChriSti's input. He said that the city can fight the project either on the outside or on the inside of the process. He said that by participating in the agreement, the city was not required to agree with the project. Minutes - Regular Council Meeting September 23, 2003 - Page 16 Council Member Kelly asked if there were any ideas on how to address flooding downstream of Lake Corpus Christi. Mr. Ma~sey replied that in his opinion, the most cost effective way to prevent flooding would be to findi ways to manage the water so that more can be used for water supply. Mr. Kelly stated that he w~ encroach on the city's water supp] source like desalination. He ackn~ to assert those positions. Mayor Neal asked for publ to postpone action on the feasibilit Council Member Chesney ~ deciding on today regarding this it be committing the city to by appro be allowing the city to enter into th, ~s galled at participating financially in San Antonio's attempt to y. He said that he hated to lose river water for a riskier water ¥1edged that the city would probably have to participate in order comment. Mr. Johnny French, 4417 Carlton, asked the Council ? study until public forums are held. xpressed his concern that it was not clear what the Council was ~'m. A discussion ensued over exactly what the Council would ring this item. City Manager Noe said that the Council would agreement with the COE and its co-sponsors for the feasibility study. He said that the city would also be providing $105,000 to meet the first year's cash match as part of the federal cost-sharing agreement. Mr. Massey said that future funding would be appropriated a year at a time, with ihe Council's approval. City Manager Noe added that if the city decided that they did not want to continue with the project, they could pull out and the entities could still continue with the process. Council Member Colmenero stated that he did not like the fact that this resolution was presented to the Council for thei~ consideration less than 72 hours before they had to make a decision. He asked Mr. Massey tolavoid this in the future. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 02549~4 Resolution authorizing the City Manager or his designee to sign a letter of agreement with the United States Army Cdrps of Engineers, Fort Worth District, committing the City of Corpus Christi to execute anl agreement between the Department of the Army and the Nueces River Authority, City of COrpus Christi, San Antonio Water System, San Antonio River Authority, and the Guadalilpe-Blanco River Authority for the Nueces River Watershed Feasibility Study. The foregoing resolution w~s passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Nt~yola and Scott, voting "Aye"; Cooper was absent. Mayor Neal called for petitions from the audience. Mr. Jerry Wilkinson, 138 Catlania in Rockport, TX, spoke regarding the marina's failure to provide the titles to three boats that he purchased November 11,2001 at an auction. Mr. Phil Rosenstein spoke regarding the city's good financial standing compared to Nueces 1 Minutes - Regular Council Meeting September 23, 2003 - Page 17 County. Mayor Neal deviated from the agenda and referred to Item 18a, and a motion was made, seconded and passed to open the plublic hearing on the following street closures: 1 TRACT A 1 18.a. Public hearing to consider tbandoning and vacating a 1.445 acre tract of land (62,965.30 square feet) of the Lak :view Circle Street tight-of-way, out of Westend Heights Subdivision. TRACT B 18oc. Public heating to consider lbandoning and vacating a 1.447 acre tract of land (63,025.90 square feet) of the Baymoot Boulevard and Ebony Street tight-of-ways, out of the Baymoor Addition Subdivision. TRACT C 18.e. Public heating to consider square feet) of a portion of? of-way, out of the Flint Hil lbandoning and vacating a 1.629 acre tract of land (70,945.40 [ueces Bay Boulevard, north of the West Broadway Street fight- s Resources, LP. TRACT D 18.g. Public heating to consider Cbandoning and vacating a 0.562 acre tract of land (24,480.70 square feet) of a portion ~)f Koepke Street tight-of-way, out of Nueces Bay Heights Extension Subdivision. TRACT E 18.i. Public hearing to consider ~bandoning and vacating a 0.559 acre tract of land (24,357.30 square feet) of a portion ofhloore Street right-of-way, out of Nueces Bay Heights Extension Subdivision. Mr. Art Sosa, Assistant Director of Development Services, explained that abandoning and vacating these five public rights-Of-way would lead to Item 19, which would allow the city to acquire the property from Flint Hills Resources to construct the Police and Fire Public Safety Training Facility. No one spoke in opposition to these items. A motion was made, seconded and passed to close the public hearing. Minutes - Regular Council Meeting September 23, 2003 - Page 18 18.b. City Secretary Chapa polle~t the Council for their votes as follows: TRACT A: ORDINANCE NO. 02549~ Ordinance abandoning andlvacating Lakeview Circle Street ri: compliance with the specif An emergency was declare vote: Neal, Chesney, Colm, Cooper was absent. TRACT B: 18.d. ORDINANCE NO. 02550( 18.f. a 1.445 acre tract of land (62,965.30 square feet) of the Iht-of-way, out of Westend Heights Subdivision; subject to ed conditions. d, and the foregoing ordinance was passed with the following :nero, Gan'eR, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Ordinance abandoning and ~acating a 1.447 acre tract of land (63,025.90 square feet) of the Baymoor Boulevard and Ebony Street right-of-ways, out of the Baymoor Addition Subdivision; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed with the fol,[o, wi_n,,g vote: Neal, Chesney, Colmgnero, Garrett, Kelly, Kinnison, Noyola and Scott, voting Aye; Cooper was absent. TRACT C: ORDINANCE NO. 02550~ Ordinance abandoning and]vacating a 1.629 acre tract of land (70,945.40 square feet) of a portion of Nueces Bay Botflevard, north of the West Broadway Street right-of-way, out of the Flint Hills Resources, l~P; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colm~nero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meetin September 23, 2003 - Page 19 18.h. TRACT D: ORDINANCE NO. 025504 Ordinance abandoning and portion of Koepke Street ril subject to compliance with An emergency was declare vote: Neal, Chesney, Colm~ Cooper was absent. TRACT E: 18.j. ORDINANCE NO. 025502 Ordinance abandoning and portion of Moore Street rig subject to compliance with vacating a 0.562 acre tract of land (24,480.70 square feet) of a ;ht-of-way, out of Nueces Bay Heights Extension Subdivision; 3e specified conditions. t, and the foregoing ordinance was passed with the following nero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; vacating a 0.559 acre tract of land (24,357.30 square feet) of a M-of-way, out of Nueces Bay Heights Extension Subdivision; the specified conditions. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmbnero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 19 regarding the acquisition of property from Flint Hills Resources for the construction of the Police and Fire Public Safety Training Facility. City Manager Noe explained that Item ~9a would allow the city to acquire the site for the first phase of the facility. He said that Item 19b Would give the city the option to purchase more land to complete the future phases of the project. In response to Mayor Neal's question, Mr. Noe replied that the first phase of the project, the only pha~e that was funded, would construct the firing range on the right and the fire tower on the leR. He s0id that in subsequent phases, staff would need to go back to Flint Hills and negotiate. There were no comments fi.om the audience. Mr. Kinnison asked what the time line was for constructing the first phase and letting the contract. City Engineer Escobar replied that the plans were 95 percent complete on Phase 1, and should be completed by late October or early November. Mr. Kinnison asked how long the ~nstmct would take. Mr. Escobar replied that construction could start as early as December 2003, with a 12-month construction period. In response to Mr. Kinnison's question, City Manager Noe said that cost estimates for Phase 1 would not be available until the plans were complete. OnCe staffhad the estimates, Mr. Noe said that they would evaluate when Phase 1 could begin. Council Member ColmenCro asked if this new facility would be near the Industrial Fire Training Facility. Mr. Escobar replied affirmatively. Mr. Noe added that the city has spent time speaking with Del Mar College toicoordinate the construction of their facilities to ensure that there Minutes ~ Regular Council Meeting September 23, 2003 - Page 20 was as little duplication as possible. Council Member Garrett w~ concerned that the Fire and Police Departments would not have classrooms for use in the new facility. Mr. Escobar said that the classrooms would be constructed in future phases. Council Member Kelly ask~ Mr. Escobar replied affirmatively. Council Member Kinnison Mr. Escobar replied that he would use by the Fire Department for the 19.a. '.d if this site was isolated and far removed from residential areas. asked what the cost would be to extend water lines to this site. let him know. He said that the line would have to be large for fire training. City Secretary Chapa polle MOTION NO. 2003-346 Motion authorizing the CiE with Flint Hills Resources property rights to two tract and Heams Ferry Road at the Council for their votes as follows: Manager or his designee to execute a Real Estate Sales Contract , LP, of Corpus Christi, Texas for the purchase of fee simple ; of land totaling 16.24 acres located east of Carbon Plant Road the sales price of $162,400 plus $2,000 in closing costs with payment being composed 0f $64,090 in cash and $98,310 in vacated and abandoned street right-of-way; for the conslruction of the Police and Fire Public Safety Training Facility, Phase 1, Project No. 5118. (Bond Issue 2000) The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, l~loyola and Scott, voting "Aye"; Cooper was absent. 19.b. MOTION NO. 2003-347 Motion authorizing the City Manager or his designee to enter into an option contract with Flint Hills Resources, LP, of Corpus Christi, Texas for the remaining 86.529 acres owned by Flint Hills Resources, LP located east of Carbon Plant Road and Heams Ferry Road at the sales price of $865,290 with the cost of the option at $1,000 for a two-year term; for the construction of the Police and Fire Public Safety Training Facility, Phase 1, Project No. 118. (Bond Issue 2000) The foregoing motion wa, passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 20 regarding the Downtown Drainage Improvements Design project. City Engineer EScobar said that this contract was with Urban Engineering, and Amendment No. 1 would allow staff to complete the scoping of project. He said that the contract was in the amount of $732,010. He said that the following four elements of the project were scheduled for completion: the design and construction ora new storm water pump station to greatly increase the pumping capacity to the existing Kinney Street Pump Station; a new interceptor along Water Street to the new pump station; a new discharge conduit from the pump station to the bay; and 1 Minutes - Regular Council Meetin~ September 23, 2003 - Page 21 / additional inlets on existing storm isewer to increase capacity. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2003-348 Motion authorizing the Ci4y Manager or his designee to execute Amendment No. 1 to a contract for professional services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $732,010 f~r the Downtown Drainage Improvements Design, Project No. 2036. The foregoing motion waspassed with th,e, following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye; Colmenero and Cooper were absent. Mayor Neal announced thelexecutive sessions, which were listed on the agenda as follows: 21. Executive session under T~xas Government Code Section 551.074 regarding deliberations for the appointment of tw{l members of the Board of Directors, Nueces County Appraisal District with possible disctission and action related thereto in open session. 22. Executive session under Texas Government Code Sections 551.071,551.072 and 551.087 regarding the South Whaffproject in the Corpus Christi Marina with possible discussion and action related thereto in open session. 23. Executive session under Texas Government Code Sections 551.071,551.072 and 551.087 regarding the acquisition and development of site for minor league baseball stadium, with possible discussion and related action in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe annomaced that an immunization clinic would be held on Friday from 9:00 a.m. to 4:00 p.m. and on SatUrday from 10:00 a.m. to 3:00 p.m. at the Hector P. Garcia Texas Armory National Guard on Home Street. He also said that the city was undertaking a very aggressive schedule for mosquito ispraying, but noted that the spraying could not commence until the rain stopped. Mr. Noe said that on September 30, there would be a joint meeting between the Council and the Port Authority at 11:30 a.m. at the Ortiz Center. He said that the regular meeting would be held at 2:00 p.m., and there would be items regarding the six-month anniversary of the One Stop Center, Memorial Coliseum re-use, the Way it Was video by the Landmark Commission, and the STAP services agreement. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on September 23, 2003. 2 NUECES COUNTY ~AX APP..I~. SAL DISTRICT - Two (2) vacancies with two-year terms to 12-31-05. (The City Council shall submit names for Places 3 and 4 to Nueces County Appraisal District before October ~ 3, 2003.) COMPOSITION: PLACE NUMBER I and2 3 and4 5 6 Seven (7) m vote. Each place on the The term of year. The as listed: .-rnbers, each shall serve a two-year term and shall have one member of the board shall be selected or elected to fill one board, which places shall be numbered one through seven. ,~ach member shall begin on January 1 of each even-numbered ,llowing entities will designate board members for the places JUR[SDICTION VOTING ON THIS PLACE Corp as Christi lSD City )f Corpus Christi Nuec es County Urba a-Port Aransas to be decided by the following ISDs: Calal len, Flour Bluff, Port Aransas, City of Port Aransas, Tulo~o-Midway ISD, and West Oso Rural-Agribusiness to be decided by these: Agua Dulce ISD, City pf Agua Dulce, Banquete ISD, Bishop ISD, City of Bishgp, Driscoll ISD, City of Driscoll, London ISD, Rob~town ISD, City of Robstown, and Santa Cruz ISD. MEMBERS ORIGINAL TERM APPTD.DATE Place 1: Ronnie Canales Place 2: Eloy Salazar, Chairman *Place 3: ClifMoss *Place 4: Paul Grivich Place 5: Rudy Garza, Jr. Place 6: William Dodge, IIi Place 7: Joseph Walston 12-31-03 12-31-03 12-31-03 12-31-03 12-31-03 12-31-03 12-31-03 10-12-93 10-12-99 *Terms expire OTHER INDIVIDUALS EXPRIgSSING INTEREST J. Bradley Clarke Self-employed, Real Estate Sales. (8-06-01) John E. Dunn Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recognitions include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7-21-03) Eddie Gamez Herbie Garcia, Jr. Fred Greenberg Refinery Accounting Supervisor, Valero Refining. Received B.B.A. in Accounting from Corpus Christi State University and received CPA license. Member of Leadership Corpus Christi Class XXXI, President of the Valero Volunteer Council and member of the Valero Federal Credit Union Supendsory Committee. (10-28-02) President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Employed as a Senior Planner with the City of Houston and Manager in Texas Governor's Office dining Richards administration. (2-15-01) Semi -Retired, Help Seniors Get Online. Attended The University of Pennsylvania Wharton School of Finance. Received a Real Estate brokers License. Former member and Chairman of the Nueces County Appraisal District, Animal Control Board member, and Building Standards board member. (11-04-02) Ray J. Hemandez Partner, Engineered Lining System, Inc. Board member of the Coastal Bend Restaurant Association. (10-01-01) Mike T. Johnson Administrator, Christus Spohn Health Systems. Received a A.S. from the University of New York, B.A. and M.P.A. from Texas Tech University. Specialized as a Registered Nurse and Licensed Nursing Facility Administration. Activities include: Diplomate, American College of Healthcare Executies, Regional Advisory Board, American College of Health Care Administrators and Texas Hospital Association. (4-01-02) Diane La_Rue Independent Marketing Director, Melaleuca, Inc. Received A.S. Degree from Peirce College and attended various business management-related courses at Temple University and LaSalle Ed Lopez Patricia Pena Sharon L. Phillips Roberto G. Salinas Hortencia B. Sanchez Raul Torres University. Activities include: President of Blessed Sacrament Convent Auxiliary, Member of the Pan American Roundtable and Leadership Corpus Christi Class XXIX. (9-10-03) Executive Vice President, Bank of Alice. Received B.B.A. from Texas A & I University. Attended Graduate school of Banking at the University of Wisconsin. Previously a member of the Coastal Bend Workforce, C.C. Housing Authority, Boys and Girls Club, Hispanic Chamber and Texas Appraisal and Licensing Board. (7-23-02) Independent Insurance Agent. Attending Texas A & M University - Corpus Christi. Member of the Government Affairs Committee. (5-23-02) Bookkeeper, South Texas Valve and Controls. Attended San Antonio College at University of Texas at San Antonio and the Real Estate Academy and Institute. Community involvement includes: Texas Folklife Festival and St. Mary's University Oyster Bake, Juvenile Diabetes Foundation and Belgain - American Club of Texas. (8-07-02) Retired, United States Postal Service. Received an Associates Degree in Business Administration. Member of the Board of Directors for the LULAC Village Apartments. Awards include: Americal GI Forum Hall of Fame, USPS Special Achievement Award and Keyperson CFC. (9-05-03) Student, pursuing a Bachelor in Business Administration in Telemarketing and mayoring on International Law. Received the Who's Who Award for Junior Colleges, Executive Liaison of Haas Middle School P.T.A. and served as Treasurer of the Legal Assistant Association at Del Mar College. Certified as a Director of Religious Education. (9-22-03) C.P.A., Self-Employed. Member of Texas Society of C.P.A.s and American Management Association. (6-2 7-01 3 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of a laboratory analyzer fi.om DuPont Qualicon, of Wilmington, Delaware, based on sole source in the amount of $35,000. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. Purpose: The Texas Department of Health has awarded the Health Department with a grant to upgrade the laboratory to a Level B Facility. This ~quipment, the BAX System analyzer, will be used for rapid identification of food borne pathogens such as E. coli 0157:H7, Salmonella, Shigella, and Listeria. Award Basis: Funding: Sole Source This equipment is specifically listed in the bioterrorism preparedness grant received from the Texas Department of Health. The BAX System analyzer is the only analyzer approved by the Food & Drag Administration for the analysis of food borne pathogens. As such, the Texas Department of Health has standardized on the equipment to ensure all Texas Level B Laboratories use standardized protocols. This item is exempt from the competitive bidding statues as a procUrement necessary to preserve or protect the public health or safety of the municipality's residents. Health Department 5200130-1066-831504 $35,000. Michael Barrera, C P Procurement & General ervices Manager 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2003 AGENDA ITEM: Motion authorizing the City Manage~ or his designee, to execute Change Order No. 3 with Barcom Commercial, Inc. of Corpus Christi,~exas, in the amount of $1,516.75 for the Health Department Laboratory Bio-Terrorism PreparatiOn Project for a total construction cost of $26,250. ISSUE: The change order causes the co~tract value to exceed the administrative limit of $25,000 requiring Council approval. ~ FUNDING: ~ Funding for this project is available in the No. 1066 Health Grant Fund. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. ~)~'Angel R. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Change Order Summary Exhibit "C" Location Map H :~HOME~KEVIN S\GE N'~-IEALTH~BIOSAFET~CO3 Memo. DOC SUBJECT: AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Health DepartmenI Laboratory Bio-Terrorism Preparation (Project #5156). BACKGROUND: The City recei~ allow it to be used in case of bio-1 August 31, 2003. The State gra Change Order No. 3 provided Authorization was given to the co the project within the required tim to exceed the $25,000 administr ed a grant to modify the Health Department Laboratory to errorism. The grant required the work to be complete by it manager has approved the use of grant proceeds for the work was complete prior to September 1, 2003. ltractor to proceed with Change Order No. 3 to complete ~ limits. The change order causes the total contract value ~tive authorization which requires Council ratification. The project consists of the instal conditioning work, and modiflc~ Laboratory air being separated pressurization. Air from the L~ exhausted to the outside. The risk pathogens. ation of a new exhaust fan for a fume hood, related air ~tions of cabinets and the ceiling. The work results from the rest of the Health Department by negative boratory is not returned to the HVAC system, but is ~odifications will permit the laboratory to process higher The project was anticipated to c~st in excess of $25,000 and was bid as a large project. Three bids were received rangiqg from $21,000 to $44,761. Barcem Commercial was administratively awarded the bidlin the amount of $21,000 on June 16, 2003. PRIOR COUNCIL ACTION: October 8, 2002 · Motion to execute Attachment No. 7 to the contract with the Texas Department of Health in the amount of $128,562 to enable the City-County Public Health District to upgrade to a Level B capacity!in the National Laboratory Response Network for coping with bioterrorism threats (M2002-340). · Ordinance appropriating a grant in the amount of $128 562 with the Texas Department of Health for upgrading the C ty-County Public Health Distdct to upgrade to a Level B capacity Bioterrorism Testing Facility (Ordinance #025038). PRIOR ADMINISTRATIVE ACTION: April 8, 2003 - Award of an architectural services contract to Bennett, Martin, Solka and Torno of Corpus Christi in amount of $6,000 for the Health Department Laboratory Bio- Terrorism Preparation Project. June 16, 2003 - Award of a construction contract to Barcom Commercial, Inc. in the amount of $21,000 for the Health Department Laboratory Bio-Terrorism Preparation Project. July 3, 2003 - Award of Change Order No. 1 to Barcom Commercial, Inc. in the amount of $652.00 to remove hollow metal cased opening and inflll with metal studs and sealed sheetrock to reduce likelihood of a breach in case of broken glass. EXHIBIT "A" Page 1 of 2 Au,qust 4, 2003 - Award of Change Order No. 2 to Barcom Commercial, Inc. in the amount of $3,081.25 to replace suspended ceiling grid and tiles. FUTURE COUNCIL ACTION: None are anticipated. CHANGE ORDER: Change Order No. 3 ratifies m~difications to the HVAC duct system necessary to allow HYAC to be balanced and funbtion properly. This work was completed during August, 2003 and Council approval is necessary to allow payment. EXHIBIT "A" Page 2 of 2 DEPARTMENT OF I;:NGINEERING SERVICES CHA~IGE ORDER SUMMARY SHEET September 30 2003 PROJECT: Health Departmen~ Laboratory Bio-terrorism Preparation Project No. 5156 APPROVED: Administrative Aw~ APPROVED 6/16/; CONTRACTOR: Barcom Cot 1710 S.P.I.[ Corpus Chri ~rd '.003 ~memial, Inc. Suite B sti, TX 78416 TOTAL CONTRACT AMOUNT .................... 25% Limit Amount ........................................ 21,000.00 5,250.00 Change Order No. 1 (7/(~3/03) ..................... Change Order No. 2 (8/~14/03) Change Order No. 3 (9/;~0/03) Total ............................................................. 652.00 3,081.25 1,516.75 5,250.00= 25.0% < 25% Exhibit B Page 1 of 1 F~l_e : ~Mproject\councilexhiblts\exh5156.dw~ LOCATION ~AP NOT TO SCALE VICINITY MAP NOT TO SCALE PROJECT No. 5156 EXHZB~T "C" C~ COUNCZL EXHiBiT ~ HEAL TH DEP~TMENT LAB~TORY B~O- ~ o~ ~ s~wc~ TERROR~SM PREP~TZ~ PROJECT PAGE: 1 of I ~~ ~ CI~ OF CORPUS CHRIS~, ~ OATE: 09-t8-2003 ~ 5 AGI :NDA MEMORANDUM DATE: September 30, 2003 SUBJECT: Sanitary Sewer Installation in Developed Areas: Bass Subdivision I~nprovements (Project No. 7096) AGENDA ITEM: Motion authorizing the City Man~ South Texas Utilities of The Wo Sewer Installation in Developed, ger, or his designee, to award a construction contract to )dlands, Texas in the amount of $655,200 for Sanitary ~,reas: Bass Subdivision Improvements. ISSUE: Sanitary Sewer Installa provides the extension of waste unserved by a sanitary sewer col State Revolving Fund program a Bass Subdivision is considered t :ion in Developed Areas is a multi-phased project which ~/ater service for developed areas in the City currently ection system. This project is being funded through the ~d requires Texas Water Development Board approval. ]e highest priority area to be included in this project. FUNDIN~G: Funds to finance the~ project are available in the FY 2002-2003 Wastewater Capital Improvement Budget. ' RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Wastewater ? A"~gel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit 'D" Location Map BACKGROUNDINFORMATION I SUBJECT: Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements (Project No. 7096) PRIOR COUNCIL ACTION: 1. February 9, 1999 - Motion ~uthorizing the City Manager, or his designee, to execute a Professional Services CO~tract with Bass & Welsh Engineering in the amount of $68,900 for the Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements Project (Motion No. M99-040). 2. December 17, 2002 - Apprqval of the FY 2002-2003 Capital Improvement Program Budget (Ordinance No. 02[1144). PRIOR ADMINISTRATIVE APPROVAL: 1. August 17, 2001 - Execute~! Amendment to the Professional Services Contract with Bass & Welsh Engineering in the amount of $2,100 for the Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements Project. September 5, 2002 - Executed Amendment to the Professional Services Contract with Bass & Welsh Engineering in the amount of $2,200 for the Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements Project. August 21, 2003 - Executed Amendment to the Professional Services Contract with Bass & Welsh Engineering in the amount of $4,800 for the Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements Project. PROJECT BACKGROUND: The project was included in the Year 3 State Revolving Fund loan program with the Texas Water Development Board. This project will provide for the installation of wastewater service (gravity lines, lift stations, force mains) for developed areas in the City currently unserved by a sanitary sewer collection system. Among the areas considered the most urgent for funding is Bass Subdivision. PROJECT DESCRIPTION: The proposed project consists of furnishing and installing approximately 915 linear feet of 4-inch PVC sewer line, approximately 6,410 linear feet of 8-inch PVC sewer line and approximately 1,990 linear feet of 10-inch PVC sewer line, service laterals with clean-outs, 25 each new fiberglass manholes, 1 each manhole rehabilitation with fiberglass liner, removal and replacement of existing fencing, pavement cutting and repair, traffic control, de-watering with well points and other items required to complete the project in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consist solely of a base bid. Tll'e~ity received proposals from six (6) bidders on September 3, 2003. (See Exhibit C B~Tabulat~on) The bids ranged from $655,200 to $878,017.50. The Engineer's estimated construction cost for the project is $750,000. EXHIBIT "A" Page 1 of 2 The City's Consult.ant, Bass & VV~elsh Engineering, and City staff recommends that based on Iow bid and sabsfactory refe~nces for projects of a similar nature, that a contract be awarded to South Texas Utilities of The Woodlands, Texas in the amount of $655,200 for Sanitary Sewer Installation in Developed Areas: Bass Subdivision Improvements project. CONTRACT TERMS: The conti'act specifies that the project will be completed in 160 calendar days, with completion ~nticipated by March 2004. FUNDING: Funds for this proje(~t are available in the FY 2002-2003 Wastewater Capital Improvement Budget. / SANITARY SEWER INSTALLATION IN DEVELOPED AREAS: BASS ~SUBDIVISION IMPROVEMENTS (Project No. 7096) PROJECT BUDGET September 30, 2003 FUNDS AVAILABLE: Wastewater ClP .......................................................................... FUNDS REQUIRED: Construction (South Texas Utilities) ................................................. Contingencies .............................................................................. Consultant (Bass & Welsh Engir~eering/J. R. Thompson, P. E.) ............. Consultant (Rock Engineering & Testing Laboratory, Inc.) .................... Land Acquisition Costs .................................................................. Land Acquisition Activity ................................................................ Survey Activity ............................................................................. Traffic Engineering Activity ............................................................. Major Projects Activity ................................................................... Construction Inspection Activity ....................................................... Incidentals (Printing, Advertising, Aerial Photo) .................................. Total ......................................................................................... $1,093,493.00 $655,200.00 65,520.00 78,OOO.OO 3,750.00 220,617.00 46,959.00 6,560.00 387.00 15,000.00 0.00 1,500.00 $1,093,493.00 \ Mproject \ councilexhiblts \ exh TO96.dwg NUECES BAY CORPUS CHRISTI BAY LAGUNA MADRE PROJECT LOCATION GULF Of MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7096 SANITARY SEWER INSTALLATION IN DEVELOPED AREAS: BASS SUBDIVISION CITY OF CORPUS CHRISTI, EXHIBIT "D" CITY COUNCIL EXHiBiT ~ DEPARTMENT OF ENGINEERING S£R~1CES PAGE: I of 1 DA~TZ: 09/17/2003 ~ 6 AG~ENDA MEMORANDUM SUBJECT: Rincon Bayou Dive rsion (Projects No. 8443) Award of Contract.< for Monitoring Services AGENDA ITEM: a. Motion authorizing the City ~ Center for Coastal Studies, $103,000 for Ammonia and Diversion Project. b. Motion authorizing the City I~ Division of Nearshore Resea $104,550 for Salinity and Fr Bayou Diversion Project. c. Motion authorizing the City h Alan Plummer Associates, I~ · Assistance with Allison Reports; · Support of Rincon Bayou · Coordination of Studies f~ Rincon Bayou Diversions · Assistance with Nueces F September 30, 2003 lanager, or his designee, to execute a contract with the Texas A&M University - Corpus Christi not to exceed 3iological Monitoring associated with the Rincon Bayou lanager, or his designee, to execute a contract with the 'ch, Texas A&M University- Corpus Christi not to exceed 9shwater Inflow Monitoring associated with the Rincon lanager, or his designee, to execute a contract with the c. of Austin, Texas not to exceed $139,710 for: --ffiuent Diversion Demonstration Project Studies and Diversions Studies; )r the Effluent Diversion Demonstration Project and the Project; and liver Basin Feasibility Study. ISSUE: The Texas Commissio~n for Environmental Quality (TCEQ) requires biological monitoring to evaluating the effe(~ts of the Rincon Bayou Diversion Project. The monitoring will result in the data necessarylto determine the project impact on primary production, phytoplankton biomass, species ~abundance and diversity and emergent marsh vegetation in the project area and nearby ~arshlands. FUNDING: Funds for these conlracts are available in the Environmental Studies activities of the Water Department's FY2q03-04 adopted Operating Budget. c~OMMENIDATION: Appro~/al of the motion as presented. Ed~ardo (~arana, P.E. Director of Water Services *Director of Engineering Services Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Additional Information Prior Council Action Summaries of Contractsi Location Map Page 1 of 1 H:\HOME\KEVI NS\GEN\WATER~RiNCON\Yeai-3\^Awardmemo.doc ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416) Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: ~ contract with the University of Texas Marine Sciences Institute will be present to Counc~il in the near future. Council will be requested to approve amendments to address monito~'ing on an annual basis for two additional years. TCEQ has also requested monitoring e'f the effects of the Allison WWTP Diversion project be continued at a reduced level for t~vo additional years. That monitoring has been combined with the Rincon monitoring due t~ the overlap of the data and to reduce monitoring costs. The City has worked closely withithe Texas Commission for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required by Allison project, as determined by an annual assessment. PROJECT OVERVIEW: BackRround: The City's~ overall strategy for long-term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two- phased planning study that recommended the potential beneficial re-use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. Monitorin,q: The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. CONSULTANTS INFORMATION: The Center for Coastal Studies (CCS) has conducted similar on-going monitoring in the Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a result, CCS is singularly qualified to continue the provide monitoring Rincon Bayou H:~HOME\KEVINS\GEN\WATER\RINCON\Year3~^AWDBKGExhibitA.doc Page 1 of 2 Diversion Project for the duration of the Project in accordance with the parameters established by the City and theTCEQ. The Division of Nearshore Res related to coastal water resource The principal investigator that cc City during prior monitoring peri( Alan Plummer Associates ha environmental permits. They t~ aspects of TCEQ and EPA regul not possessed within the Cor requirements have become inc various studies will be the resp include interface with TCEQ to e~ necessary to have a determinati .~arch (DNR) has been developed to address research s. They were formally part of the Conrad Blucher Institute. nducted salinity and freshwater inflow monitoring for the ,ds will do the monitoring during 2003-2004. s been the lead City's consultant in addressing TCEQ ave particular expertise in the biological and chemical ~tions and guidance documents. Equivalent expertise is ~us Christi MSA. The coordination and monitoring 'easingly complex. The review and integration of the ~nsibility of Alan Plummer Associates. Their work will ~sure data and quality assurance meets the requirements )n of the effects of the diversion projects H:\HOME~KEVINS~GEN\WATER~RINCON\Year3t^AWDBKGExhibitA,doc l EXHIBIT A I Page 2 of 2 PRIOR COUNCIL ACTIONS 1. April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150~000) and Phase II in April, 1992 ($79,000 of $258,000), 2. January, 1994. Approval ofithe Capital Improvement Program which included an Effluent Return Flows Pilot Pt'oject to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a ciontract in the amount of $117,500 to the joint venture of Urban Engineering and G(~vind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). 4. _S_eptember 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre Pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). 5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) 6. November 19, 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348). 7. April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20-foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). 8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CC$) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98-398); b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and [ Exhibit B Page 1 of 3 c. in the amount of $84,50( Diversions on Primary ar Nueces Bay. institute (U Wastewater (M98-400). , with the University of Texas Marine Sciences Effluent ~d Secondary Production in the Rincon Delta and I'MSI) for Biological Monitoring of the Effects of 10. 11. September 28, 1999. AwE a. in the amount of $55,5~ Ecological/Biological M Rincon Delta and Nue¢ b. in the amount of $85,7; Salinity Monitoring in c. in the amount of $93,41 Diversions on Primary; Nueces Bay. Institute Wastewater (M99-339 October 10, 2000. a. Motion authorizing the 2 to the contract for consL amount of $53,672 for E Diversions in the Rincon C b. Motion authorizing the ( 2 to the contract for cons amount of $86,286 for On- Bay (M2000-361). c. Motion authorizing the ( 2 to the contract for consul1 Institute in the amount o Wastewater Effluent Diver~ Delta and Nueces Bay (M; rd of Amendment No. 1 for consulting services: )0 with the Center for Coastal Studies (CCS) for 3nitoring of Treated Wastewater Diversions in the es Bay (M99-337); 14 with the Conrad Blucher Institute (CBI) for On-Going e Rincon Delta and Nueces Bay (M99-338); and ~4 with the University of Texas Marine Sciences Effluent ~nd Secondary Production in the Rincon Delta and JTMSI) for Biological Monitoring of the Effects of ity Manager, or his designee, to execute Amendment No. Iting services with the Center for Coastal Studies in the cological/Biological Monitoring of Treated Wastewater elta and Nueces Bay (M2000-360). ;ity Manager, or his designee, to execute Amendment No. ulting services with the Conrad Blucher Institute in the _~oing Salinity Monitoring in the Rincon Delta and Nueces ;ity Manager, or his designee, to execute Amendment No. lng services with the University of Texas Marine Sciences I $110,953 for Biological Monitoring of the Effects of ',ions on Primary and Secondary Production in the Rincon :000-362). 12. Motion authorizing the Ci~ consulting services with AI~ amount of $45,920 for Ana Natural Resource Conse Wastewater Effluent Diver y Manager, or his designee, to execute a contract for ~n Plummer and Associates, Inc., of Austin, Texas, in the ysis, Evaluation and Report Preparation required by Texas rvation Commission discharge permit related to the ~ions in the Rincon Delta and Nueces Bay (M2000-363). 13. March 13, 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contlact in the amount of $40,000 with HDR Engineering for services related to the F~e-Opening of the Rincon Overflow Channel and the construction of a pipeline fi*om the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-1!06). 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project - Nueces Overflow Channel (M2001-273). J Exhibit B I Page 2 of 3 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001-402). 16. November 13,2001 - a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for conFulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rinco~ Delta and Nueces Bay (M2001-421). b. Motion authorizing the ~Fity Manager, or his designee, to execute Amendment No. 3 to the contract for co~)sulting services with the Conrad Blucher Institute in the amount of $87,470 foq On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-42~2). d. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for c~bnsulting services with the University of Texas Marine Sciences Institute in ttle amount of $173,664 for Biological Monitoring of the Effects of Wastewater I~ffiuent Diversions on Primary and Secondary Production in the Rincon Delta andl Nueces Bay (M2001-423). 17. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rinco, n Bayou Diversion Project (M2002-179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $185,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-398).. I Exhibit B J Page 3 of 3 TIONTRACT SUMMARY CEN iR FOR COASTAL STUDIES AMMONIAAND IIOLOGICAL MONITORING: 2003-2004 I. SERVICES TO BE PERFORMED CCS hereby agrees to perform services necessary to plan, develop, undertake, complete, and report the results of a study for: Monthly ecological/biological "Recommended Monitoring Pi, Monthly ecological/biological r September 1998 through Aug~ Collection of Ammonfa sampl( cells and diversion celt inspecl II. SCOPE OF SERVICES CCS's services will be those necessal corresponding to the three major tasks Allison Ammonia Sampling). CCS will ( proposal attached as Exhibit A. monitoring at six (6) locations as described in the proposed in for Rincon Bayou, Nueces Delta" dated July 3, 2002, ~onitoring to continue at three (3) locations previously sampled from st 2003 as part of the Allison Wastewater Diversion Project, s of treated wastewater at the Allison Wastewater Diversion Project on monitoring. ~' to provide the monitoring required deliver an annual written report (Rincon Bayou Monitoring, Allison Diversion Project Monitoring, and omplete the tasks set forth by Section II.A as set forth in the research A. TASKS Rincon Bayou Monitorin,q- To provide the necessary data to e~/aluate the effects of freshwater diversions from the Nueces River into Rincon Bayou, and to determine i~ differences exist between the diversion site and comparable non- diversion sites, the following measurement tasks will be performed: 2. 3. 4. Species abundance, denslty, diversity, distribution, and biomass of benthic macroinfauna, and sediment grain size analysis will be measured, Species abundance, denslty, diversity, distribution, and biomass of epifaunal invertebrates, and nekton in the Nueces Delta will be measured, Number and type of avian ~pecies along with habitat usage that notes location, date, and time will be monitored, Water quality parameters that include but are not limited to water temperature, dissolved oxygen (% saturation and mg/L), pH, conductivity, and salinity will be measured. Allison Wastewater Diversion ProieFt Monitoring To provide the necessary data to eyaluate the effects of the Allison Wastewater Demonstration Diversion Project, and to determine if differepces exist between the diversion site and comparable non-diversion sites, the following measurement t~asks will be performed: 1. Species abundance, density, diversity, distribution, and biomass of benthic macroinfauna, and sediment grain size analysis dill be measured, 2. Species abundance, density, diversity, distribution, and biomass of epifaunal invertebrates, and nekton in the Nueces Delta will be measured, I Exhibit C-1 Page 1 of 2 J H:\HOME~KEVIN S\G EN\WATE R\RIN CON\Year3\^AwardContractSumCCS ExhC- 1 .doc 3. Number and type of avian species along with habitat usage that notes location, date, and time will be monitored, 4. Water quality parameters that included but are not limited to water temperature, dissolved oxygen (% saturation and mg/L), pH, conductivity, and salinity will be measured. Ammonia and Inspection MonitorinR - Allison Wastewater Diversion Proiect Based on existing permit requirements issued by the Texas Commission on Environmental Quality the following tasks wilt be performed di~ring collection events: 1. Water samples will be collecte~ for Ammonia-Nitrogen analysis at the O.N Stevens Water Quality Laboratory; 2. Water quality parameters will I~e recorded that included, but are not limited to, water temperature, dissolved oxygen (% saturatior~ and mg/L), pH, conductivity, and salinity. Due to the importance of the Allisor~ Diversion Demonstration Project to the City of Corpus Christi and the citizens of the Coastal Bend, measures must be implemented to ensure the overall working integrity of the project. Because of the semi-remote location of the project the following tasks will be performed during the collection events: 1. Inspect the entire above ground pipeline route from the Nueces River to the three diversion cells for possible leaks or operational failure; 2. Inspect all diversion celt walls for possible erosion or other failures which may hinder operations; 3. Inspect all above ground inflow valves, pipes, and discharge points within the diversion cells for any signs of operational failure; 4. Visually inspect all perimeter fencing at the project for possible breaks; 5. Conduct bird surveys of the diversion cell area; 6. Provide for immediate inspection response, on a 24-hour on call basis, should the City of Corpus Christi determine that a problem exists at the project area. FEES AUTHORIZED The City will pay CCS a fixed fee not to exceed $103,000 for providing all services. Exhibit C-1 Page 2 of 2 1 H:\HOME~KEViN S\GEN\WATER\RIN CONWear3\^AwardContractSumCCSExhC-1 .doc CONTRACT SUMMARY DIVISION OF NEARSHORE RESEARCH SALINITY AND FRESHWATER INFLOW MONITORING: 2003-2004 SERVICES TO BE PERFORMED DNR hereby agrees to perform all con,, report the results of a study for ongoir salinity monitoring stations and one ti~ Rincon Delta. SCOPE OF SERVICES DNR's services will be those necessar corresponding to station service incluc · change of Hydrolab instrumen · report of all stations readings units also reporting Ph and w~ · making all data available in gr; (http://dnr.cbi.tamucc.edu/dat~ · making available printable ele~ (http://drn.cbi.tamucc.edu/proj DNR will complete the tasks set forth A. A. TASKS DNR will complete the following t Nueces Bay Salinity Monitorinq - I DNR will conduct Nueces Bay salir Point (SALT03) and the other mid River (SALT05), and another in th~ conductivity, dissolved oxygen, wa fall of 1991. The stations are place salinity levels and the indicator. R salinity levels in Nueces Bay f (http:ffdnr.cbi.tamucc.edu/salrel) p Nueces Delta Diversion Proiect- I DNR will monitor salinity and water to the standard suite of measurem* to allow water during high flow eve phase of the Rincon Diversion Pr( Rincon Delta during Iow and norma conducting long-term biological stu support studies by UTSMI and CC Nueces Bay Tidal and Meteorolo,qi ulting services necessary to plan, develop, undertake, complete, and g salinity monitoring efforts in the Nuecas Estuary consisting of five Iai/meteorological monitoring station in the Nueces River, Bay, and t to provide the monitoring required deliver an annual written report lng: :s with a freshly calibrated unit every 2 weeks; ~f salinity, dissolved oxygen, and water temperature, with some [er level; ~hical and tabular format on the DNR website within one hour of the time data were collected; and :ronic monthly progress reports on the DNR website ;cts/nueces). Section II.A as set forth in the research proposal attached as Exhibit ;ks: reshwater Inflow ity monitoring two (2) monitoring platforms in the bay, one near Whites bay, near the CPL power lines (SALT01), one station in the Nueces ~ delta (SALT04). Parameter measured by DNR will include salinity, er temperature, and pH. This is an ongoing project originating in the ~ in such a manner to track fresh water inflows into Nueces Bay using .~lief for required freshwater releases may be taken by the City if the 311 below the Upper Salinity Bounds. A daily running report 'oduced by DNR shows the current freshwater relief status. :reshwater Inflow level is monitored at SALT08 near the mouth of the Rincon, in addition ,nts. The Rincon Diversion Project resulted in excavation of a channel nts to pass from the Nueces River into the Rincon Delta. The next ject will result in pipeline and pump station to provide flows into the I flow conditions on the Nueces River. UTMSI and CCS are presently :lies of the effects of this diversion. Data from SALT08 is necessary to Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in the upper part of Nueces Bay a~Whites Point. DNR will use precise water level measurements from this station as a reference for worl~ by the others in the various projects in the bay, river, and delta. Station Service And Maintenance H:~HOME\KEVINS\GEN\WATER\RINCON~Year~V'AwardConIractSumDNRExhC-2.doc r Exhibit C-2 1 Page 1 of 2 DNR will exchange freshly calibrated Hydrolab units with units on station every other week. DNR will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. DNR may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data Collection DNR will program a computer to p~ll each station every half hour. Five measurements will be obtained from each instrument, which are tt)en averaged. DNR will place the hourly averages into the database and be reported on the DNR web ~ite. Daily salinity reports are produced showing the running ten and seven day averages as well as th~ daily average (http:lldnr.cbi.tamucc.edulsalrpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http:l/dnr.cbi.tamucc.edu/salrel, which is used to determine if the City may take cl'edit from freshwater release from the storage facilities. Instrument Calibration DNR will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company.I DNR will use calibration and post-calibration methods established by the manufacturer of Hydrolab. Ail calibration and post-calibration records are available on the DNR website, http://dnr.cbi.tamucc.edu/~alib. DNR will maintain an instrument maintenance agreement with a qualified instrument maintenancelfirm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of lhe instrument will be covered under the warranty agreement and replaced as needed, Co abort ve Monitorin.q DNR will provide data to support t~lose research efforts currently being done by CCS, UTMSI, and the city. FEES AUTHORIZED The City will pay DNR a fixed fee not tO exceed $104,550,000 for providing all services, Exhibit C-2 I Page 2 of 2 ^ H:\HOME~EVINS\GEN\WATER\RINCON\Year3\ AwardContractSumDNRExhC-2.doc CONTRACT SUMMARY ALAN PLUMMER ASSOCIATES RINCON BAYQU DIVERSION PROJECT: 2003-2004 SERVICES TO BE PERFORMED APAI hereby agrees to perform consulti integration of the Effluent Diversion D Feasilility Study by the U. S. Corps implementation, and interpretation of Rincon Bayou Diversion and Effluent SCOPE OF SERVICES APAI's services will be those necessan research proposal attached as Exhibit' TASKS APAIwillcompletethe ~llowing ~sks RBD, tasksrelatedtointegmtingthe E Study. Allison Effluent Diversion Demonstrati( Task A. Compile Monitoring Data · combine the results of the years; · prepare an annual report ~ permit for the Allison WW' · review the investigators' Q process; · organize the report as a c( for presentationin a forma~ · Deliver ten copies of a dra · Attend meetings to discus · Revise the draft report, as · Deliver thirty copies of a fi~ · Revise the final draft will b · Prepare and deliver thirty ( to appropriate parties. Task B. 3g services necessary to support the Rincon Bayou Diversion Project, .~monstration Project, and components of the Nueces River Basin ~f Engineers. APAI will assist the City to coordinate the design, ~onitoring studies to document the increased productivity due to the iversion Demonstration projects. to complete the tasks set forth by Section II.A and as set forth in the elated specifically to the EDDP, tasks related specifically to the )DP and the RBD, and tasks related to the USACE Feasibility Project Studies - APAI will complete the following tasks: r Fiscal Year 2002 and QAPP Documentation FY 2002 studies by each investigator with studies from previous ,ill be prepared in accordance with the requirements of the TPDES 'p; APP documentation for FY 2002, during the report preparation mpilation of the results provided by the independent investigators that is useful to policy discussions, to the extent practical. of the annual report to the City and the investigators for review.; comments received if needed; appropriate, based on the comments received; ,al draft report to the City for distribution and review; ; revised, as appropriate, based on comments received; and opies of the final report to the City for their use and for distribution Develop Monitoring Programs for Fiscal Year 2004 and Fiscal Year 2005 Coordinate with TCEQ to iUentify and document their requirements with respect to the annual monitoring program; · Coordinate with UTMSI, T~MUCC-CBI, and TAMUCC~CCS to identify and document the services they will provide iq Fiscal Year (FY) 2004 and FY 2005 relative to the EDDP including discussions of how to effectively integrate EDDP studies and the RBD studies; · Incorporate the tasks and ~schedule for the FY 2004 and FY 2005 monitoring plans into the Integrated Monitoring Plaq for each fiscal year. · Attend a minimum of one meeting in Corpus Christi for this task. I Exhibit C-3 ] Page 1 of 3 H:\HOME~KEVINS\GEN\WATER\RINCON\Year~\^AwardCont~actSumAPAIExhC-3.doc Task C. Assist with Final Report for Five-Year Intensive Study · Assist the City in communicatir~g with UTMSI on the City's requirements with respect to the final report on the Five-Year Intensive study of the EDDP; · Assist UTMSI to obtain a complete set of all relevant data collected by the various research institutions. · Review Quality Assurance PrOject Plan documentation; · Review the draft and final draf~ reports and assist the City to prepare comments on the draft report; coordinate a presentati~3n to NEAC on the draft final report; · Attend a minimum of one me~ting in Corpus Christi for this task. Activity IL Support Rincon Bayou Diversions Studies Task A. Assist in Relocation of Ri~con Bayou Flow Gage · assist the City to identity a ne~ location for the USGS flow gage on Rincon so that it measures both flow from the Calallen pil~eline and flows through the Nueces River Overflow Channel; · coordinate with USGS to secu~'e the relocation of the gage; and · Attend a minimum of one meeting in Corpus Christi for this task. Task B. Compile Monitoring Dataiand QAPP Documentation for Fiscal Years 2002 and 2003. · Combine the results of the FYi2002 and FY 2003 studies by each investigator; · Prepare a comprehensive rep?rt; · Review the investigators' QAFIP documentation for FY 2002 and FY 2003 as part of the report preparation process; · Organize the report will be a c~)mpilation of the results provided by the independent investigators in a format that is useful to policy discussions, to the extent practical. · Deliver ten copies of a draft re~ort to the City and the investigators for review. · Meet to discuss comments received, if necessary; · Revise the draft report, as apl~ropriate, based on the comments received; · Deliver thirty copies of a final ~raft report NEAC for their review; · attend the NEAC meeting when the report is discussed; · revise the final draft will be revised, as appropriate, based on comments received from NEAC; prepare a final report and delN'er thirty copies to the City for their use and for distribution to appropriate parties. Task C. Develop Monitoring Programs for Fisc~al Year 2004 and Fiscal Year 2005 · Develop proposed FY 2004 arid FY 2005 monitoring programs based on the results of the FY 2003 monitoring program, recommendations from the researchers, comments from the NEAC, and the work plan for the RBD studies; · Attend one meeting in Corpus Christi each year for this purpose. Activity III. Coordinate Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project Task A. Prepare Integrated Monitoring Plan · Prepare integrated monitoring plans for FY 2004 prepared in the late summer and early fall of Exhibit C-3 Page 2 of 3 H:'~HOME~KEVINS\GEN\WATER~RINCON\Year3\ AwardContractSurnAPAIExhC-3.doc 20O3; · Prepare integrated monitoring · Ensure the monitoring plans c studies, analyses to be perfor~ · Deliver a draft of each integra · Revise the draft documents, ~ · Prepare the final integrated m · Prepare ten copies of each dr revise final integrated monito · Deliver fifteen copies of each Task B. Prepare Quality Assuran, · prepare a framework docume coordinate with each of the in' their respective component of · integrate the framework docu~ plans for FY 2005 in the spring and summer of 2004; escribe both the EDDP and the RBD monitoring stations, types of ned, and frequency of monitoring. ed monitoring plan to the City and the investigators for review; s appropriate, based on comments received; ~nitoring ptans; aft document for delivery to the City and the investigators for review; ing plans based on comments received, and )lan to the City for distribution. :e Project Plans for Fiscal Years 2004 and 2005 ~t for each QAPP that covers both the EDDP and the RBD. ,estigators to obtain, verify, or update the following information for the study: nent and the information provided by the investigators to prepare each draft QAPP. · Deliver drafts of each QAPP ~ the City and the investigators for review; · Revise the draft documents, ~s appropriate, based on comments received; · Prepare the final draft documents; · Deliver ten copies of each dr~ft document and final draft document to the City; · Prepare the final QAPPs based on comments received and deliver fifteen copies of each QAPP to the City. Task C. Coordinate Workshop toi Discuss Preliminary Results · Assist with the implementatiO~ of a workshop to discuss the results of FY 2002 and FY 2003 EDDP and RBD studies in th~Delta. · Discuss any proposed changes to the monitoring programs for FY 2005; · Schedule the workshop; · Develop the agenda and coo~inate with the presenters; · Act as workshop moderator; · Document the presentations ~nd discussions; and · Ensure to the extent possiblelthat the staff of the City, UTMSI reseamhers, TAMUCC-CBI researchers, TAMUCC-CCS ~'esearchers, TPWD, and TCEQ attend the workshop. Task D: Coordinate with the N~eces Estuary Advisory Council Al=Al will coordinate with tl~e Nueces Estuary Advisory Council (NEAC) to discuss monitoring issues and stud), results from the EDDP and RBD; Activity IV. Assist with Nueces River I~asin Feasibility Study · Provide technical support to tl~e City for those aspects of the Nueces River Basin Feasibility Study (Feasibility Study) being perfqrmed by the USACE that relate to increasing inflows to the Delta. · Review and comment on the ~cope of work for the Feasibility Study; · Assist the City with written co~ments on the Study when requested; · Attend up to one workshop cqnducted by the USACE; · Assist in the development of r~aterials to presented on behalf of the City at the workshop; and · Review and commend on do(~ments prepared by USACE subsequent to the workshops. FEES AUTHORIZED The City will pay APAI a fee not to ex(:;eed $139,710 for providing all services. ~ebit C-3 ] 3 of 3 H:\HOME\KEVlNS\GEi',AWATER'~INCON\Yeaf3V'AwardContractSumAPAIExhC-3,doc File : \Mproject\councilexhibits\exh.8445dwg. N LaBONTE IH PROJECT LOCATION '_RIVER F.~. 624 /V~/eoe~ LOCATION MAP NOT TO SCALE C£TY PROJECT No.8443 RINCON BAYOU DIVERSION PROJECT CONTRACTS FOR MONITORING SERVICES CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "O" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of I ~ DATE: 09-30-2003 ~ 7 CITY COUNCIL AGENDA MEMORANDUM Date: September 30, 2003 AGENDA ITEM: Motion auth, Subrecipient Agreements for fL Block Grant (CDBG) Program follows: CDBG Program: Accessible Communi building, the Resource Street. )dzing the City Manager or his designee to execute nds provided from the FY2003 Community Development and the Emergency Shelter Grant (ESG) Program as les, Inc. - $120,795 for the construction of a new ;enter for Independent Living, located at 1537 Seventh Boys and Girls Club of Corpus Christi - $99,205 for air conditioning improvements to their fa :ility located at 3902 Greenwood Ddve. Corpus Christi Hope House - $58,000 for renovations and expansion to improve the living condi~ ions for the residents at the homeless shelter located at 658 Robinson Street. Habitat for Humanity ~f Corpus Christi - $80,328 for roofing and electrical improvements to their facility located at 304 & 306 N. Staples. Nueces County Comnlunity Action Agency - $80,000 for their weatherization program for minor repairs of homes in Iow income target areas. Women's Shelter of S~uth Texas - $72,405 for rehabilitation improvements to their emergency shelter and support services facility. TG110, Inc. d.b.a. Lexington Manor Apartments - $35,000 to purchase and install industrial playground equipment for the youth at the apartment complex located at 3102 B. Ray Ellison. ESG Program: Homeless Activities h. Catholic Charities of COrpus Christi, Inc. - $10,000 i. Corpus Christi Hope HOuse, Inc. - $15,000 j. Corpus Christi Metro Ministries, Inc. - $50,000 k. Gulf Coast Council of La Raza. $20,000 I. Mary McLeod Bethune!Day Nursery, Inc. - $10,000 m. The ARK Assessment Center & Emergency Shelter for Youth - $12,750 n. The Salvation Army - $20,000 o. Timon's Ministries - $2,250 p. Women's Shelter - $30,~00 ISSUE: Subrecipient Agreements with nonprofit organizations who were awarded FY2003 Community Developme~nt Block Grant Program and Emergency Shelter Grant funds need to be approved by the City Council. PRIOR: On May 20, 2003, the City Council adopted its FY2003 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $4,219,000 for the CDBG Program, $700,000 of Program Income, $734,152 of reprogrammed funds, $170,000 for the ESG Program, and $1,862,562 for the HOME Program; totaling $7,685,714 (Resolution #025309). REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute the FY2003 CDBG Subrecipient Agreements with Accessible Communities, Inc; Boys and Gids Club of Corpus Chdsti; Corpus Chdsti Hope House; Habitat for Humanity of Corpus Chdsti; Nueces County Community Action Agency; Women's Shelter of South Texas; and TG110 Inc. d.b.a. Lexington Manor Apartments. Authorize the City Manager or his designee to execute FY2003 ESG Subrecipient Agreements with Catholic Chad~ties of Corpus Chdsti, Inc; Corpus Chdsti Hope House, Inc; Corpus Christi Metro Minislldes, Inc; Gulf Coast Council of La Raza; Mary McLeod Bethune Day Nursery, Inc; The ARK Assessment Center & Emergency Shelter for Youth; The Salvation Army; Timon's Ministries; and The Women's Shelter. FUNDING: FY2003 CDBG and ESG funds. The effective date for the grant was August 1, 2003, or upon HUD's official release of funding. RECOMMENDATION: That the City Manager or his designee be authorized to execute Subrecipient Agreements for funds provided from the FY2003 Community Development Block Grant (CDBG) Program and the Emergency Shelter Grant (ESG) Program. IMPLEMENTATION SCHEI~ULE: See attached agreement summary Mar~ Dor~ing~ Neighborhood Services Department Director ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary AGENDA MEMORANDUM ADDITIONALBACKGROUNDINFORMATION BACKGROUND: On Ma, Consolidated Annual Action PI~ that includes $4,219,000 for $734,152 of reprogrammed fun the HOME Program; totaling adoption of the Consolidated appropriation for the respecti~ Agreements is required. Subsequently, Subrecipient Agr the FY2003 program funding, w , 20, 2003, the City Council adopted its FY2003 n for Community Planning and Development Programs the CDBG Program, $700,000 of Program Income, ~s, $170,000 for the ESG Program, and $1,862,562 for ~;7,685,714 (Resolution ¢fl)25309). As a result of the Annual Action Plan and the approval of the funding 'e nonprofit agencies, the execution of Subrecipient ~ements with nonprofit agencies and the City, as part of II be forwarded to the City Council for action. The effective date for the granl was August 1, 2003, or upon HUD's official release of funding. II. III. IV. VII. Accessible Communities, Inc. FY2003 CDBG Agreement Summary ALLOCATION: $120,795 - FY2003 CDBG 1 ~ ,000 - Accessible Communities, Inc. $131,795 BUDGET: Professional Fees New Construction Total Budget $ 12,000 119,795 $131,795 SCOPE OF PROJECT: i For the construction of a new building, the Resource Center for Independent L~iving located at 1537 Seventh Street. USE OF FACILITIES: iFor training, meeting, office and storage space for persons/families with (cress) disabilities; providing an accessible, comprehensive source for services, supports, and leaming opportunities, resulting in community inclusion. CONSTRUCTION COMPLETION: February 2004 SUBRECIPIENT'S RESPONSIBILITY: a. Provide access to all documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises - Operations, Products/Completed Operations Hazard, Contractual Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subrecipient must furnish to the City Risk's Manager, 2 copies of Certificates of Insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as loss payee using standard loss payee clause. iii. Builders Risk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additional funds needed for the completion of the improvements TERM: One year following the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a period of five (5) years. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. ' IX. TERMINATION: In the e Objectives of the CDB( funds. /ent that Subrecipient does not meet one of the National program, then Subrecipient will reimburse all CDBG II1. IV. V. VI. VII. VIII. IX. Boys & Girls Club of Corpus Christi FY2003 CDBG Agreement Summary ALLOCATION: $ 99,205 ~ FY2003 CDBG BUDGET: Professional Fees $ 8,000 New Construction 91,205 Total Budget $ 99,205 SCOPE OF PROJECT: Improvements and installation of air conditioning to the facility located at 3902 G~reenwood Ddve. USE OF FACILITIES: R~creational and educational facility for children CONSTRUCTION COMI~LETION: December 2003 SUBRECIPIENT'S RESI~ONSIBILITY: a. Provide access tolall documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises- Operations, Products/Completed Operations Hazard, Contractual Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subredpient must furnish to the City Risk's Manager, 2 copies of Certificates of Insurance, with the City as an Addilional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as IDss payee using standard loss payee clause. iii. Builders RiSk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additional funds needed for the completion of the improvements TERM: One year following the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a period of five (5) years. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. TERMINATION: In the event that Subrecipient does not meet one of the National Objectives of the CDBG program, then Subrecipient will reimburse all CDBG II. III. IV. V. VI. VII. (~orpus Christi Hope House FY2003 CDBG Agreement Summary ALLOCATION: BUDGET: Professional Fee~ Bid advertisemen Demolish storage Landscaping New Constructior Total Budget SCOPE OF PROJECT: residents and expansior $ 58,000 - FY2003 CDBG funds 29,000 - Corpus Chdsti Hope House $ 87,000 $ 9,500 $ 1,000 bldg. $10,000 $1,000 $65,500 $87,000 :or renovations to improve the living conditions for the of the shelter's capacity at 858 Robinson Drive. USE OF FACILITIES: H, )toeless Shelter for pregnant women CONSTRUCTION COM ~LETION: May 2004 SUBRECIPIENT'S RESI a. Provide access t¢ b. Fumish all maint~ c. Acquire and mair i. Commerci Premises Contractu,~ Property [] Single Limi Manager, Additional subrogatio~ )ONSIBILITY: all documents, records related to project nance to facilities :ain the following insurance coverage's: ~1 General Liability Insurance including Commercial Form, Operations, Products/Completed Operations Hazard, I Insurance, Independent Contractors, Broad Form amage and Personal Injury for $1,000,000 Combined L The Subrecipient must furnish to the City Risk's : copies of Certificates of Insurance, with the City as an nsured for all liability policies, and a blanket waiver of on all applicable policies, showing the minimum d= coverage by an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and EXtended Coverage, at a minimum, amount sufficient to cover the rJeplacement cost of facilities and/or building City to be named as loss payee using standard loss payee clause. iii. Builders I~sk Insurance, full value of any improvements constructed with CDB(~ Funds provided under this agreement, so long as work remains to!be completed on such improvements. Comply with Iocali state and federal requirements Provide any additional funds needed for the completion of the improvements TERM: One year followirig the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subr~cipient shall use the facility and all improvements for the same business purpose for a period of five (5) years. VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. IX. TERMINATION: In the event that Subrecipient does not meet one of the National Objectives of the CDBG program, then Subrecipient will reimburse all CDBG funds. III. IV. V. VI. VII. / Habita~ for Humanity - Corpus Christi FY2003 CDBG Agreement Summary ALLOCATION: BUDGET: $ 801328 - FY2003 CDBG Profession~ New Consb Total Budg~ SCOPE OF PROJECT: ' improvements to prevenl the electrical system of tt USE OF FACILITIES: Ha CONSTRUCTION COMF SUBRECIPIENT'S RESF a. Provide access to b. Furnish all mainte~ c. Acquire and maint i. Commercia Premises - Contractual Property D~ Single Limil I fees $12,828 uction 67,500 $ 80,328 ~e building is in need of extensive roofing the collapse of the roof as well as structural damage to e facility located at 304 & 306 N. Staples. bitat for Humanity Restore Building 'LETION: December 2003 ONSIBILITY: all documents, records related to project lance to facilities ~in the following insurance coverages: General Liability Insurance including Commercial Form, :3perations, Products/Completed Operations Hazard, Insurance, Independent Contractors, Broad Form ~mage and Personal Injury for $1,000,000 Combined · The Subrecipient must furnish to the City Risk's Manager, copies of Certificates of Insurance, with the City as an Additional I~sured for all liability policies, and a blanket waiver of subrogatiori on all applicable policies, showing the minimum coverage b{y an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and Extended Coverage, at a minimum, amount sufficient to cover the rePlacement cost of facilities and/or building City to be named as Iqss payee using standard loss payee clause. iii. Builders RiSk Insurance, full value of any improvements constructed with CDBGIFunds provided under this agreement, so long as work remains to ~3e completed on such improvements. Comply with local, state and federal requirements Provide any additibnal funds needed for the completion of the improvements TERM: One year followirlg the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a pedod of five (5) years. CHANGES AND AMENI~MENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. IX. TERMINATION: In the event that Subrecipient does not meet one of the National Objectives of the CDBG program, then Subrecipient will reimburse all CDBG funds. II1. IV. V. VI. VII. VIII. Nueces ~;ounty Community Action Agency FY20!3 CDBG Agreement Summary ALLOCATION: $ 80,000- FY2003 CDBG BUDGET: Materials $ 56,000 Labor 24,000 Total Budget $ 80,000 SCOPE OF PROJECT:/To weathedze homes occupied by families from Iow to very Iow incomes in the ~arget areas. CONSTRUCTION COMPLETION: July 2004 SUBRECIPIENT'S RESF a. Provide access to b. Furnish all mainte c. Acquire and maini i. Comrnerci~ Premises - Contractua Property D; Single Limi Manager,; Additional I subrogatior coverage Manager. ii. Fire and E cover the rt named as I, iii. Builders R with CDBG remains to d. e. 'ONSIBILITY: all documents, records related to project lance to facilities ain the following insurance coverages: I General Liability Insurance including Commercial Form, Operations, Products/Completed Operations Hazard, Insurance, Independent Contractors, Broad Form ~mage and Personal Injury for $1,000,000 Combined The Subrecipient must furnish to the City Risk's copies of Certificates of Insurance, with the City as an lsured for all liability policies, and a blanket waiver of ~ on all applicable policies, showing the minimum an insurance company(s) acceptable to the City's Risk (tended Coverage, at a minimum, amount sufficient to ~placement cost of facilities and/or building City to be )ss payee using standard loss payee clause. sk Insurance, full value of any improvements constructed Funds provided under this agreement, so long as work )e completed on such improvements. Comply with local' state and federal requirements Provide any additi )nal funds needed for the completion of the improvements TERM: One year following the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a pedod of five (5) years. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agreement may be approved by the City Manager. TERMINATION: In the e~/ent that Subrecipient does not meet one of the National Objectives of the CDBG program,, then Subrecipient will reimburse all CDBG funds. I1. II1. IV. V. VI. VII. Women's Shelter of South Texas FY2003 CDBG Agreement Summary ALLOCATION: $ 72,405 - FY2003 CDBG 10,000 - Women's Shelter of South Texas $ 82,405 BUDGET: Professional fees Parking Improvements Landscaping Facilities Improvements Total Budget $ 6,000 $ 31,625 $ 1,650 $ 43,130 $ 82,405 SCOPE OF PROJECT: Rehabilitation improvements of the emergency shelter and support service facilities. USE OF FACILITIES: Facility for abused women and their family CONSTRUCTION COMPLETION: March 2004 SUBRECIPIENT'S RESPONSIBILITY: a. Provide access toi all documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises - Operations, Products/Completed Operations Hazard, Contractual Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subrecipient must furnish to the City Risk's Manager, 2 copies of Certificates of Insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogatior~ on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as loss payee using standard loss payee clause. iii. Builders Risk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additiional funds needed for the completion of the improvements TERM: One year following the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a pedod of five (5) years. VIII. IX. CHANGES AND AME/ essential scope and pu~ Manager. TERMINATION: In the e' Objectives of the CDB(~ funds. IDMENTS: Modifications which do not change the )ose of the agreement may be approved by the City rent that Subrecipient does not meet one of the National program, then Subrecipient will reimburse all CDBG II. III. IV. V. VI. VII. TG110, Inc. d.b.a. Lexington Manor Apartments FY200~ CDBG Agreement Summary ALLOCATION: $ 35,1000 - FY2003 CDBG - TG110, Inc. BUDGET: Playground equipment Security lighting Total Budget $ 35,000 5,000 $ 40,000 SCOPE OF PROJECTI Purchase and installation of industrial playground equipment and secudty li~]hting. USE OF FACILITIES: Housing facility for Iow to moderate income families CONSTRUCTION COMPLETION: October 2003 SUBRECIPIENT'S RESPiONSIBILITY: a. Provide access to ~all documents, records related to project b. Furnish all maintenance to facilities c. Acquire and maintain the following insurance coverages: i. Commercial General Liability Insurance including Commercial Form, Premises - Operations, Products/Completed Operations Hazard, Contractuali Insurance, Independent Contractors, Broad Form Property Damage and Personal Injury for $1,000,000 Combined Single Limit. The Subrecipient must furnish to the City Risk's Manager, 2 copies of Certificates of Insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. ii. Fire and Ex~ended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as 10ss payee using standard loss payee clause. iii. Builders Risk Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. d. Comply with local, state and federal requirements e. Provide any additional funds needed for the completion of the improvements TERM: One year following the date of final completion of the construction improvements or one year following the date of the last disbursement of CDBG funds. In addition, Subrecipient shall use the facility and all improvements for the same business purpose for a pedod of five (5) years. VIII. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and p~irpose of the agreement may be approved by the City Manager. ~ IX. TERMINATION: In the E Objectives of the CDB~ funds. vent that Subrecipient does not meet one of the National program, then Subrecipient will reimburse all CDBG Catholic Charities of Corpus Christi, Inc. FY2003 ESG Agreement Summary I. Allocation: FY2003 ESG- $10,000 Il. Scope of Project: For the purpose of shorLterm subsidies, security deposits or 1st month's rent, mediation programs, legtal services and payments to prevent foreclosure on a home. III. Terms: From date of execution through March 31,2005 Catholic Social Services must provide a dollar-per dollar match from sources other than the ESG Program. Standard insurance requirements must be provided to the Neighborhood Services Department pdor to the first drawdown. I1. III. Co~us Christi Hope House, Inc. FY2003 ESG Agreement Summary Allocation: FY2003 ES~G - $15,000 A. $11,000 for Maint( B. $4,000 for Essenti Scope of Project: Essential Services concE the homeless. Paymen utilities and furnishings. Terms: A. B. C. nance and Operation Services led with employment, physical health and education of of maintenance, operations including rent insurance, From date of exec tion through March 31, 2005 Corpus Christi Hol~e House, Inc. must provide a dollar-per dollar match from sources other' than the ESG Program. Standard insuranc~e requirements must be provided to the Neighborhood Services Department pdor to the first drawdown. II. III. Corpus Christi Metro Ministries, Inc. FY2003 ESG Agreement Summary Allocation: FY2003 ES~G - $50,000 $9,000 for Essential Services $35,000 for Maintenance and Operation $6,000 for Homeldss Prevention Scope of Project: Essential Services concerned with employment, physical health and education. Home!ess Prevention ir~cluding short-term subsidies, security deposits or 1st month s rent, mediation I~rograms, legal services, payment to prevent foreclosure on a home. Payment of rjnaintenance, operations including rent insurance, utilities and furnishings. Terms: From date of execution through March 31,2005 Corpus Christi Metro Ministries, Inc. must provide a dollar-per dollar match from sources other than the ESG Program. Standard insuranqe requirements must be provided to the Neighborhood Services Department prior to the first drawdown. II. III. G~lf Coast Council of La Raza FY2~I03 ESG Agreement Summary Allocation/Purpose FY2~03 ESG - $20,000 A. $5,000 for Essential Services B. $15,000 for Mainlenance and Operation Scope of Services: Essential Services con(~erned with employment, physical health and education. Home!ess Prevention ihcluding shod-term subsidies, secudty deposits or Ist months rent, mediatiop programs, legal services, and payment to prevent foreclosure on a hom~. Payment of maintenance, operations including rent insurance, utilities and f~rnishings. Terms: From date of execution through March 31,2005 Gulf Coast CounCil of La Raza, must provide a dollar-per dollar match from sources other tha~n the ESG Program Standard insurance requirements must be provided to the Neighborhood Services Depadn~ent pdor to the first drawdown. Mary McLeod Bethune Day Nursery, Inc. FY2003 ESG Agreement Summary I. Allocation: FY2003 ESG- $10,000 II. Scope of Project: Essential Services conc.erned with employment, physical health and education. Payment of maintenan~;e, operations including rent insurance, utilities and furnishings. III. Terms: From date of exeCUtion through March 31,2005 Mary McLeod Bet~une Day Nursery, Inc. must provide a dollar-per dollar match from sourCffS other than the ESG Program. Standard insurand~e requirements must be provided to the Neighborhood Services Department pdor to the first drawdown. III. The ARK Assessn~ent Center & Emergency Shelter for Youth FY21~03 ESG Agreement Summary Allocation: FY2003 E: Scope of Project: Essential Services conc Terms: A. From date of exe( B. The ARK Assessf a dollar-per dollar C. Standard insuran( Services Departrr G - $12,750 reed with employment, physical health and education. ution through March 31, 2005 ~nt Center & Emergency Shelter for Youth must provide match from sources other than the ESG Program. :e requirements must be provided to the Neighborhood 9nt pdor to the first drawdown. I1. III. The Salvation Army FY2003 ESG Agreement Summary Allocation: FY2003 ESG - $20,000 A. $ 4,000 for Essential Services B. $16,000 for Maintenance and Operation Scope of Project: Essential Services concerned with employment, physical health and education. Terms: A. From date of exec~ution through March 31, 2005 B. The Salvation Arn~y must provide a dollar-per dollar match from sources other than the ES(~ Program. C. Standard insuranae requirements must be provided to the Neighborhood Services Depadrn~nt prior to the first drawdown. III. Allocation: , Timon's Ministries FY2I~03 ESG Agreement Summary ! FY2003 E~G - $2,250 Scope of Project: Payment of maintenan furnishings. Terms: A. From date of exe( B. Timon's Ministrie.~ other than the ES C. Standard insuran{ Services Departrr :e, operations including rent insurance, utilities and ution through March 31, 2005 must provide a dollar-per dollar match from sources .~ Program. :e requirements must be provided to the Neighborhood ent prior to the first drawdown. II. III. The Women's Shelter, Inc. FY2003 ESG Agreement Summary Allocation: FY2003 ESG- $30,000 $ 6,250 for Essenltial Services $13,750 for Maintenance and Operation $10,000 for Homeless Prevention Scope of Project: Essential Services concerned with employment, physical health and education. Homeless prevention idcluding short-term subsidies, secudty deposits or 1st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home, Payment of maintenance, operations including rent insurance, utilities and fu~'nishings. Terms: From date of execution through March 31,2005 The Women's Shelter must provide a dollar-per dollar match from sources other than the ES~; Program. Standard insuran(3e requirements must be provided to the Neighborhood Services Departrnent prior to the first drawdown. 8 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Resolution au1 Electric Supply Agreement pu; Aggregation Project, Inc. (STAF authorizing eligible designees t¢ horizing the City Manager or his designee to execute an suant to the contract to be signed by South Texas ) for deliveries of electricity effective January 1, 2004; include the chairman of STAP ISSUE: STAP is very please~l with the development of coordinated member efforts to date, and with the interest Of the soon to be deregulated electdc marketplace in meeting STAP members' energy needs. STAP remains committed to a demonstration of economic sa~ings to each member. If this cannot be proven, each individual member has the fight to reject participation in the STAP contract. Because time will be of the essence once final contract terms are negotiated, it is necessary that all STAP members have mechanisms in place to permit prompt consideration and approval. Any REP offer is expected to be open for only 24 hours or less because electricity priCes tend to track prices for natural gas, which can be very volatile. Therefore, STAP member cities will again need to take immediate action to accept or reject a new contract. Mirroring similar action taken by City Council in 2001 and 2002, the iattached resolution authorizes the City Manager or his designee to ratify the 2004 cOntract between STAP and its approved REP. RECOMMENDATION: Approval of the Resolution as submitted. M~;rk L. IVCcD~niel Executive Director of Support Sen/ices BACKGROUND INFORMATION Senate Bill 7 in the 1999 Legislatm entities to aggregate their electric h SB 7 provided the creation of a poi local Government Code. enacted electric deregulation and allowed cities and other ,ad for purposes of purchasing electricity more economically. tical subdivision corporation under the Chapter 303 of the On March 23, 2001, the City of Cc~pus Christi hosted a meeting of CPL area cities to discuss aggregation. The consensus of thelmeeting was that the cities should proceed together to aggregate electric load through a p~litical subdivision corporation. Subsequently, the Council has taken the following progressive actions and the STAP Board has requested proposals from prospective electric service providttrs. PREVIOUS RELATED COUN(HL ACTIONS: April 10, 2001 - Approval of Resolution 02422, which approved the Articles of Incorporation for the South Texas Electric Project, I~c (STEP). Later known as the South Texas Aggregation Project, Inc. (STAP) May 8, 2001 - Approval of STAP By-Laws and the City's membership in the Project. October 30, 2001 - Approval of re~olution authorizing the City Manager or his designee to sign an Electric Supply Agreement wi~ the 2002 winning bidder for the electric load of the South Texas Aggregation Project, Inc. (S[rAP) upon confirmation of economic benefit to the City. December 18, 2001 - Presentation ~of South Texas (Electric) Aggregation Project ( S TAP) update. September 17, 2002 - Resolution authorizing the City Manager or his designee to execute an electric supply agreement pursuant to the contract to be signed by South Texas Aggregation Project, Inc. (STAP) for deliveries of electricity effective January 1, 2003. Attachments: Proposed Resolution RESOLUTION A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE (~ONTRACT TO BE SIGNED BY SOUTH TEXAS AGGREGATION PR(~JECT, INC. (STAP) FOR DELIVERIES OF ELECTRICITY EFFE~CTIVE JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEE~ TO INCLUDE THE CHAIRMAN OF STAP WHEREAS, the City of Corpu~Christi, Texas (City) is a member of South Texas Aggregation Project Inc. (STAp), a nonprofit political subdivision corporation dedicated to securing electric power for its members in the competitive retail market; and WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity price for delivered lelectricity in 2002 and 2003 for its members; and WHEREAS, STAP anticipates preserving current contract terms and achieving commodity prices in a contract for a 12 to 24 month period effective January 1, 2004 that continue to produce savings over the regulated price to beat (PTB); and WHEREAS, STAP believes that the pricing opportunity window for favorable 2004-2005 deliveries will be short-lived (in the October to mid-November time period) and that STAP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experiences in contracting for 2002-2003 demonstrated that Retail Electric Providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, the deregulated electric market is complex, likely to penalize those unaware of its transmission constraints and likely to reward those who can improve the size and shape of a particular load to be served and the City benefits from jointly shared experience and collective purchasing power through STAP; and WHEREAS, it is necessary for the City to contract for a supply of electricity for 2004 or at least partially revert to PTB rates; and WHEREAS, STAP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will continue to remain higher than prices STAP can achieve on behalf of the City. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Mai ~ager or the City Manager's designee is authorized to execute an electric power agreement under the contract approved and recommended by the STAP Board of Director,, recommendation. The designE be for a twelve (12) to twenty-f~ SECTION 2. A copy of this Re for STAP, before October 10, A'FI'EST: within 24 hours of the Board's approval and e may include the Chairman of STAP. The contract may ~ur (24) month time frame, effective January 1, 2004. solution shall be sent to Geoffrey M. Gay, legal counsel 003. THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. Mayor City Secretary ] Approved: September 24, 2043 R. Jay Reining Acting City Attorney H:\LEG-DIR\Lisa\RES\Sep 30 STAP resolution.doc 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/30/03 AGENDA ITEM: Item A: Resolution authorizing the City~anager, or the City Manager's designee, to submit a Coastal Management Program (CMP) ~le 9 Grant application to The Coastal Coordination Council in the amount of $60,000 fol the completion of Phase II of the Corpus Christi Beach Boardwalk Project, with a city r~atch of $40,000 from the Friends of Corpus Christi Beach for a total project cost of $100,00{). ISSUE: Application to the Coastal C(~ordination Council Cycle 9 Grant REQUIRED COUNCIL ACTIONt Resolution authorizing the Parks and Recreation Department to apply for a Texas Coastal Management GraSt to complete Phase II of the Corpus Christi Boardwalk Project. PREVIOUS COUNCIL ACTIONi: October 22, 2002-Presentation to Couhcil of conceptual drawings and plans. February 11,2003- Motion No. 2003-060 Authorizes the City Manager or his designee to execute all documents necessary to accept a grant of $60,000 from the Texas General LandiOffice (GLO) to construct a boardwalk on Corpus Christi Beach. The foregoing motion passed. Ordinance No. 025192 Appropriates $60,000 from the Texas General Land Office in the No. 1050 FederaVState Grants Fund to construct a boardwalk on Corpus ChriSti Beach. The foregoing ordinance passed. June 24, 2003 Resolution No. 025347 Authorizes the City Manager or his designee to accept $40,000 from the Corpus Christi Beach Association for the Corpus Christi Beach Boardwalk Project. Ordinance No. 025348 Appropriates $40,000 from the Corpus Christi Beach Association in the No. 1050 Federal/State Grants Fund for the Corpus Christi Beach Boardwalk Project. FUNDING: $40,000 matching funds Io be contributed by the Friends of Corpus Christi Beach, Inc, a non- profit organization whose primary mission is to "enhance Corpus Christi Beach through charitable community projects". CONCLUSION AND RECOMMENDATION: It is recommended that the Parks and Recreation Department be given authorization to slJbmit the application for Phase I1 of the Boardwalk Project that would greatly enhance the appearance, acqessibility, and utility of C~tpus Christi Beach. Completion of the boardwalk will increase tourism in the ama and bring much needled' economic bene~-t~ a federally designated renewal community area. ~ ~ David Ondrias Acting Director, Parks and Recreation Department Attachments: None BACK GROUND INFORMATION (Additional Background) Phase II of the project will entail th~ addition of 1000-1300 linear feet of boardwalk which links local businesses and area attractionslincluding the Texas State Aquarium, the U.S.S. Lexington, other restaurants and shops along C4~rpus Christi Beach while increasing accessibility for persons with disabilities. The boardwalk will be classified under Waterfront Revitalization and Ecotourism Development. The City ~f Corpus Christi retains ownership and maintenance of the boardwalk. Phase II of the project will receive tl~e required matching funds from the Friends of Corpus Christi Beach Inc. They are a non-p~ofit organization whose vision is to, "oversee continued development of beautification and u!ilitarian projects that will boost the image and enjoyment of Corpus Christi Beach, complete with a boardwalk for persons with disabilities..." The City of Corpus Christi has receiyed Coastal Management Program funding in the past, specifically for Phase I of the Boardwalk Project that is scheduled for completion in March 2004. The City has maintained a good relationship with Coastal Management Program. RESOLUTION AUTHORIZING THE CiTY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A COASTAL MANAGEMENT PROGRAM GRANT CYCLE 9 GRANT APPLICATION TO THE COASTAL COORDINATION COUNCIL IN THE AMOUNT OF $60,000 FOR THE COMPLETION OF PHASE II OF THE CORPUS CHRISTI BEACH BOARDWALK PROJE(~T, WITH A CITY MATCH OF $40,000 FROM THE FRIENDS OF QORPUS CHRISTI BEACH, AND A TOTAL PROJECT COSTS OF $~100,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager1, or the City Manager's designee, is authorized to submit a Coastal Management Program Grant Cycle 9 grant application to the Coastal Coordination Council in the am(~unt of $60,000 for the completion of Phase II of the Corpus Christi Beach Boardwalk project. The City's $40,000 match for this grant will be provided by the Friends of Corpus Christi Beach. The total project costs is $100,000. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 19th day of September, 2003. AR 'ct~r g~CRi~n '~nffgo i n~e y Samuel L. Neal, Jr. Mayor R32746A1.doc 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Item A: Resolution authorizing the City Ma: application to the Texas Parks & W Fish and Wildlife Service's boating the construction of 48 boat slips for match for this grant is $150,000 in ~ $600,000. ISSUE: City Council Action Date: 9~30/03 lager, or the City Manager's designee, to submit an ldlife Department for a sub-recipient grant under the U.S. ~nfrastructure grant program in the amount of $450,000 for visiting vessels in the Corpus Christi Marina. The City he No. 4700 Marina Fund, and total project costs of Application for a Boating Infrastruc$[Ure Grant to the Texas Parks & Wildlife Department for a sub- recipient grant under the U.S. Fish ~nd Wildlife Service's boating infrastructure grant program REQUIRED COUNCIL ACTIONI: Resolution authorizing the Parks and Recreation Department and the Marina to apply for a Boating Infrastructure Grant for the construction of 48 boat slips for visiting vessels in the Corpus Christi Marina. PREVIOUS COUNCIL ACTION! September 2001- Council approvedlgrant application submittal to the Texas Parks and Wildlife for Marina improvements. November 2001- Council appropriated grant funds for Marina improvements. FUNDING: Required city match to be drawn from marina fund #4700 Org#35300. CONCLUSION AND RECOMMENDATION: It is recommended that the Parks arid Recreation Department and the Marina be given authorization to submit the application for the Boating Infrastructure Grant that would greatly increase the number of available boat slips for visiting vessels in the Marina. The increased slips would greatly decrease the millions of lost tourism dollars due t~ ~1~ large numbe~vessels turned away each year. David Ondrias, Acting Director Corpus Christi Parks and Recreation Department Attachments: None BACl (Additional Background) The city's Marina has been at 10 increase in visiting boaters from marina has caused between 15(3 boat slips for non-trailerable boa due to the lack of non-trailerablE Due to similar situations aroun~ Boating Safety Act of 1998 allo~ Boating Infrastructure Grant (BI States and Territories over four y recreational boats 26 feet or me ~.GROUND INFORMATION ;)% occupancy for the past two years and has had a 40% ).002 to 2003. This high demand for boat slip rental in the to 200 boaters to be turned away due to lack of available :ers. Millions of dollars in tourism spending has been lost boat slips to accommodate the demand. I the country, Congress passed the Sport Fishing and /lng the U.S. Fish and Wildlife Service to implement the G) Program. The BIG Program provides $32 million to ~ars to construct, renovate, or maintain tie-up facilities for 'e in length. The City of Corpus Christi willi request a Boating Infrastructure Grant from the U.S. Fisheries and Wildlife Service, [through the Texas Parks and Wildlife), to construct 48 floating boat slips to accommqdate non-trailerable boats. This will allow the City the opportunity to increase its servfces to non-trailerable boats, maintain and operate the marina, provide outreach to boatbrs, as well as the ability to market the marina nationwide. The boat slips will be retrofitted to existing infrastructure. The full service capability of the marina makes the project extrer~ely cost effective for the City of Corpus Christi, the State of Texas, and the U.S. Fish andlWildlife Service. The additional 48 boat slips willi allow these hundreds of boaters the opportunity to visit Corpus Christi and enjoy a varidty of entertaining activities within one mile of the marina. RESOLUTION AUTHORIZING THE QITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT AN APPLICATION TO THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR A SUBREClPIENT GRANT UNDER THE U.S. FISH AND WILDLIFE SERVlCE'S BOATING INFRASTRUCTURE GRANT PROGRAM I~i THE AMOUNT OF $460,000 FOR THE CONSTRUCTION OF 4~ BOAT SLIPS FOR VISITING VESSELS IN THE CORPUS CHRISTI MA~RINA, WITH A CITY MATCH OF $150,000 IN THE NO. 4700 MARIN.~ FUND AND A TOTAL PROJECT COSTS OF $600,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manage~, or the City Manager's designee, is authorized to submit an application to the Texas Par~s & Wildlife Department for a subrecipient grant under the U.S. Fish and Wildlife Servi{:e's boating infrastructure grant program in the amount of $450,000 for the constructioq of 48 boat slips for visiting vessels in the Corpus Christi Marina. The City match for this~ grant is $150,000 in the No. 4700 Marina Fund, and a total project costs of $600,000. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and coaditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 25th day of September, 2003. Samuel L. Neal, Jr. Mayor R32747A4.doc 11 RESOLUTION AMENDING THE CITY COUNCIL POLICIES RELATING TO REIMBURSEMENT PI~CEDURES FOR USE OF PERSONAL VEHICLES BY THE ,MAYOR AND COUNCIL MEMBERS AND PROHIBITING THE WEARING OF HATS AND CAPS IN THE COUNCIL CHAMBERS DURING COUNCIL MEETINGS NOW, THEREFORE, BE IT RE CORPUS CHRISTI, TEXAS: SECTION t. The City Council March 22, 1994, is revised to re }OLVED BY THE CITY COUNCIL OF THE CITY OF 'olicy 2.d, as adopted by Resolution No. 021901, on id as follows: "2. Council travellbusir "City Council travel/busir exchange of new ideas, a definite problem, or pu Council Member will cam and economical manner.' reasonable expenses wh approved annual budget( expense. ess expense. .~ss expenses are for the purpose of training, ccomplishment of a specific purpose, solution of :hase of items related to Council business· Each , out the purpose of his/her trip in an effective The City will reimburse Council Members for all ch are incurred while on City business up to the d amount for individual Council travel/business "d A ' ' · · s authorized ~)y Section 39-321(b), Code of Ord,nances reimbursement R~mbum~mcnts will be on an actual basis as supported by a trayel expense report with supporting documentation or ~s provided in Procedure No. G-13.0-AP4." SECTION 2. The City Co. uncil Policy 3, as adopted by Resolution No. 021901, on March 22, 1994, is revised to read as follows: "3. Automobile use for Council business, "The Mayor and each -..~,, Council Member will be allocated e~ mcnth a maximum montlily amount for use of Personal automobiles on in- town City Council related business. R=imbumcm=nt for cutcmcbfl= ucc '";' ~ ~t *~ ~;~ ...... *~ ........ ~ ~,, *~ I,* .... ~ ~ ........ ~"';~ (IRS) ........... ~'. ~n .... ~ ................ ~ .......................... R30711Al.doc 2 ~ as provided in Pqocedure No. G-13.0-AP4." SECTION 3. The City Council ~olicy 5.E, as adopted by Resolution No. 021901, on March 22, 1994, is amended byladding a new paragraph 7 to read as follows: "5. Rules of decorum. = "In order to orderly condL discharge its duty, the CJI of differing viewpoints. T( viewpoints, rules of decol the following rules to assi the City and its citizens. "e. While the City "7. No wea medical or I ct the business of the City, and to properly y Council must hear in many instances a variety , obtain all relevant information from differing um are necessary. Thus, the City Council adopts st in the orderly deliberation of matters affecting Council is in session there shall be: rinR of hats, caps, or head.qear, except for eli.qious purposes." ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 18th day of September, 2003. R. Jja'y ~eining J Acting City Attdrney Samuel L. Neal, Jr. Mayor R30711A1.doc 12 , CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Ordinance a[ originally to Houston Natural Ga as successor in interest thereto within Lot 1, Oso Farm Tracts; f County, Texas; subject to cor Thanksgiving Homes, replatting an emergency. September 16, 2003 andoning and vacating all the easement rightS granted ; Corporation and assigned to the City of Corpus Christi, to a 256,578-square foot portion of a blanket easement ecorded in Volume A, Page 49, Map Records of Nueces ~pliance with the specified conditions and the owner, :he property within 180 days at its expense; and declaring ISSUE: Thanksgiving Homes, i$ requesting the vacating and abandonment of the blanket easement within the subject laird, in order to accommodate the future development of single-family homes w~thm the 9roperty. REQUIRED COUNCIL ACTIOn: City Charter requires Council approval to close and abandon any portion of an easement. PRIOR COUNCIL ACTION: City Council previously abandoned and vacated all the easement rights granted originally to Houston Natural Gas Corporation and assigned to the City of Corpus Christi, as successor in interest thereto, to a 246,044-square foot portion of blanket easement within Lot 1, Oso Farm Tracts (Ord. No. 024048 - May 30, 2000). IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. se, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGE ADDITION.~ PURPOSE OFCLOSUREAND B~ Thanksgiving Homes, a Texas publ (256,578-square foot) tract of land. blanket easement within the subjec single-family homes within the prop gas system acquisition. It is Iocate~ On April 30, 1941, W.S. Everhart a~ Corporation a blanket easement rig recorded in Volume 269, Page 260 1950, Houston Natural Gas Corpor; Road right-of-way. Houston Natura the City of Corpus Christi Gas Dep~ back that put the pipeline in the Mc, easement is no longer needed. On May 30, 2003, City Council app vacating all the easement rights gr~ assigned to the City of Corpus Chri portion of blanket easement within easement was approved to allow .fc exists on that 246,044-square foot Exhibit C. NDA MEMORANDUM L BACKGROUND INFORMATION CKGROUND: c nonprofit corporation, is the owner of the subject 5.89-acre They are requesting the abandonment and vacating of the land in order to accommodate the future development of .=rty. This easement was assigned to the City as part of the I in Zone AB within the City limits. ~d wife Rosa W. Everhart gave Houston Natural Gas ~t-of-way for pipeline purposes. The blanket easement was Deeds of Records of Nueces County, Texas. Sometime in ~tion laid a pipeline in the southern portion of the McArdle Gas Corporation then assigned the blanket easement to ~rtment. When the City widened McArdle Road some years ~,rdle Road right-of-way. Therefore, the need for a blanket oved an ordinance (Ord. No. 024048) abandoning and nted originally to Houston Natural Gas Corporation and ;ti, as successor in interest thereto, to a 246,044-square foot .or 1, Oso Farm Tracts. The abandoning and vacating of the r the construction of a U.S. Post Office building that now )ortion of Lot 1, Oso Farm Tract, as shown on attached All public and franchised utilities w(~re contacted regarding this closure request. None of the public and private franchised utilitie~s have reported the existence of any utilities in the blanket easement to be closed. No other uitility easements are involved. Staff recommends payment of the ~ir market value of ~ for the 256,578-square foot area tract limited by the blanket easement. The applicant and the city have been advised of and concurs with the conditions of lhis easement closure. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING ALL THE EASEMENT RIGHTS GRANTED ORIGINALLY TO HOUSTON NATURAL GAS CORPORATION AND ASSIGNED TO THE ClT~ OF CORPUS CHRISTI, AS SUCCESSOR IN INTEREST, TO A 256,57~8-SQUARE FOOT PORTION OF A BLANKET EASEMENT WITHIN LqT '1, OSO FARM TRACTS; RECORDED IN VOLUME A, PAGE 49, I SUBJECT TO COMPLIA~ ICE WITH THE SPECIFIED CONDITIONS AND THE OWNER, THANKSG WITHIN 180 DAYS AT EMERGENCY. WHEREAS, there is a 256,578 ~AP RECORDS NUECES COUNTY, TEXAS; rING HOMES, REPLATTING THE PROPERTY )WNER'S EXPENSE; AND DECLARING AN square foot portion of a blanket easement, originally granted to Houston Natural Gas ~ nd assigned to the City of Corpus Christi, as successor in interest, within Lot 1, Oso Farrr Tracts, recorded in Volume A, Pages 49, Map Records Nueces County, Texas, that the {owner, Thanksgiving Homes, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determihed that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, TH/~,T:: SECTION 1. That the 256,578 sqluare foot portion of a blanket easement out of Lot 1, Oso Farm Tracts, as recorded in Volume A, Pages 49, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the Owner, ThanksgiiVing Homes, pay the fair market value of $5,625.00 for the vacating and abandonment of this 256,578 square foot blanket utility easement. The Owner must replat the portions of Oso Farm Tracts being abandoned and vacated within 180 days at~ Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 30th day of September, 2003. ~\CLSTR I_USERS2_SERVER\USERS2kLISG.DIRUOSEPH~ORD.OSOFRM 1 .DOC ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form Assistant City Attorney For City Attorney /,2003 Samuel L. Neal, Jr. Mayor \\CLSTRI_USERS2_SERVER\USERS2~LEG-DIRklOSEPI-EORD.OSOFRM 1 .DOC BLANKET EASEMENT OLOSURE OSO FARM TRACT, LOT 1 EXHIBIT C 13 CITY COUNCIL AGENDA MEMORANDUM September 22, 2003 AGENDA ITEM: Ordinance abandoning and vacating a 263-square foot portion of a 5-foot wide utility easement in Lot 13, E~lock 1, Windsong Unit 5 Subdivision; requiring the owner, Glen F. Wells, to comply with the Ispecified conditions and replat the property within 180 days at owner's expense; and declarir~g an emergency. ISSUE: The closure of the 2-5-fo~ot wide portion of a 5-foot wide utility easement is to correct an encroachment into the easement by the existing house on the property. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Margie C. Ros~A~ City Manager Acting Director of Development Services Attachments: Exhibit A - Background Infolrmation Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSUREAND B~ Mr. Glen F. Wells, is requestin portion of a 5-foot wide utility ea., correct an encroachment of a he and vacated is located in an "R- ~CKGROUND: ~l the abandonment and vacation of a 263-square foot ement in Lot 13, Block 1, Windsong Unit 5 Subdivision to use and roof overhang. The easement to be abandoned I B" one-family dwelling district. The abandonment and vacati( encroachment of the easement 2.5 foot wide by 105.04 long (2 allows for the encroachment of Adjustment granted a variance tc and utility easement subject to portion of the easement. ~n of the utility easement is necessary to correct an ,.y. an existing house and roof overhang. The closure of a ~3-square feet) portion of a 5-foot wide utility easement :he house and the roof overhang. The Zoning Board of allow the encroachment into the 5-foot side yard setback approval of the abandonment and vacating of a 2.5 foot All public and franchised utiliti~;s were contacted. AEP, TimeWarner, and the Gas Department, all have utilities in ti' e easement and have no objections to the closure but will seek reimbursement if adjustr~,ents to their facilities become necessary. Owner and assignees assume the risk an( will be held responsible for any damages to adjacent structures, within Lots 12 and 1 ~ Block 1, Windsong Unit 5 Subdivision, as a result of any repairs, maintenance, or remov~ of utilities within the remaining 7.5-foot utility easement. There were no other objections Iregarding the proposed easement abandonment. Staff recommends payment of the fair market value of $ 360.00 for the abandonment and vacation of a 263-square foot portion of a 5-foot wide utility easement. The owner has been advised of and concurs With the conditions of the easement abandonment and vacation. h:\...\gen~agO l\esrnl-clo~so-bay.rn2 EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 263-SQUARE FOOT PORTION OF A 5- FOOT WIDE UTILITY EASEMENT IN LOT 13, BLOCK 1, WINDSONG UNIT $ SUBDIVISION; REQUIRING THE OWNER, GLEN F. WELLS, TO COMPLY WITH THE S~PECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 1~80 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERG~ENCY. WHEREAS, there is a 263-square foot portion of a 5-foot wide utility easement in Lot 13, Block 1 Windsong Unit 5 Subdi~vision, recorded in Volume 62, Page 75, Map Records Nueces County, Texas, that the o{wner, Glen F. Wells, (Owner), wishes to have abandoned and vacated; and ' WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for a I purposes, subject to the provisions below. NOW, THEREFORE, BE IT OR IAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 263-square foot portion of a 5-foot wide utility easement out of Lot 13, Block 1, Windsong Unit 5 Subdivision, as recorded in Volume 62, Page 75, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the Owner pay the fair market value of $360.00 for the vacating and abandonment of this 263-square foot portion of the utility easement. AEP, Time Warner, and the City of Corpus Christi Gas Department will seek reimbursement if adjustments to their facilities become necessary. Owner and assignees assume the risk and will be held responsible for any damages to adjacent structures, wittlin Lots 12 and 13, Block 1, Windsong Unit 5 Subdivision, as a result of any repairs, maintenance, or removal of utilities within the remaining 7.5' utility easement. The Owner must replat the portions of Windsong Unit 5 being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances H:~LEG-DIRVOSEPH\ORD-W1NSNG5.DOC at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 30th day of September, 2003. ATTEST: Armando Chapa City Secreta~ THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor Approved as to form .~.¢-~.- ~"f, 2003 By: Josep~Harney (~ Assistant City Attorney For City Attorney H:~LEG-DIR~JOSEPI-I~ORD-WIN SNG 5.DOC WOOLDRIDGE RD, EXHIBIT C I OF3 EASEMENT CLOSURE LOT 13, BLOCK 1, WINDSONG UNIT 5 6814 WINDVANE DRIVE EXHIBIT C 2OF3 EASEMENT CLOSURE LOT 13, BLOCK 1, WINDSONG UNIT 5 & Wd_l_s A Division of Cabinet Alte~'natives, Inc. EASEMENT CLOSURE LOT 13, BLOCK 1, WINDSONG UNIT 5 EXHIBIT C 3OF3 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2003 AGENDA ITEM: i Resolution authorizing the City Manager, or his designee, to execute a Reimbursement Agreement between the Transportation Security A~ministration (TSA) and Corpus Christi International Airport to provide Law Enforcement Officers at ~ecurity Checkpoint at the Airport in consideration of reimbursement; effective through Sept~ember 30, 2003 with options to extend annually for up to five years; and declaring an emergency. ISSUE: This wilt allow for the reimbursement ~ services for Law Enforcment Officers at the Airport providing services to TSA at the security checkpbint at the Airport. The Reimbursement Agreement provides for reimbursement from June 1, 2003 thrOUgh September 30, 2003 with the option to extend it each year through September 30, 2007. The reidnbursement amount for June 1-September 30, 2003 is $34,123.40 and the annual reimbursement for the next four years ranges from $105,157 to $114,902. This is provided for under Security Directive SD 1542-01-07 which requires airports to establish an air transportation security program that provides a law enforcement presence and capability at the airport that is adequate to ensure the safety of passengers. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: January 14, 2003: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM OF AGREEMENT BETVVEEN THE UNITED STATES GOVERNMENT AND CORPUS CHRISTI INTERNATIONAL AIRPORT TO PROVIDE LAW ENFORCEMENT OFFICERS AT SECURITY CHECKPOINTS AT THE AIRPORT IN CONSIDERATION OF REIMBURSEMENT OR PARTIAL REIMBURSEMENT EFFECTIVE THROUGH DECEMBER 1,2003; AND DECLARING AN EMERGENCY. RESOLUTION # 025167 FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Attachments: Exhibit A: Background BACKGROUND INFORMATION The Transportation Security Administra officers at security checkpoints after the Memorandum of Agreement (MOA) wa: providing for reimbursement or partial reimbursement for this service from Ma This Reimbursement Agreement provid September 30, 2003 with the option to ~ Officers at the Airport will continue to pr September 30, 2003 is $34,123.40 and $105,157 to $114,902. This is provided ion (TSA) requested that the Airport provide law enforcement National Guard was removed from the Airport. A ; provided by the US Government requesting this service and ~imbursement of this service. We have been receiving full 10, 2002 until the MOA was terminated as of May 31, 2003. .~s for the same service beginning June 1, 2003 through ~xtend it each year through September 30, 2007. Public Safety ~vide these services. The reimbursement for June 1- the annual reimbursement for the next four years ranges from for under Security Directive SD 1542-01-07 which requires airports to establish an air transportatiop security program that provides a law enforcement presence and capability at the airport that is adequate to ensure the safety of passengers. RESOLUTION AUTHORIZING THE CITY I A REIMBURSEMENT AGF SECURITY ADMINISTRA1 AIRPORT TO PROVIDE SECURITY CHECKPOINT REIMBURSEMENT EFFE~ OPTIONS TO EXTEND A~ ~IANAGER, OR HIS DESIGNEE, TO EXECUTE EEMENT BETWEEN THE TRANSPORTATION ION AND CORPUS CHRISTI INTERNATIONAL LAW ENFORCEMENT PERSONNEL AT $ AT THE AIRPORT IN CONSIDERATION OF ~TIVE THROUGH SEPTEMBER 30, 2003 WITH INUALLY FOR UP TO FIVE (5) YEARS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTi, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Reimbursement Agreel~ent between the Transportation Security Administration and Corpus Christi International Airport to provide law enforcement personnel at security checkpoints at the airport in consideration of reimbursement effective through September 30, 2003 with options to extend to extend annuallyfor up to five (5) years. ATTEST: THE CiTY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor the o~'day of-,,~~_~~, 2003. Approved /~o~r~ P. Burke,~r. ~ ~,~ssistant City Attorney ~v/ H :\LEG-DIR~JOHN~ORDINANCEbM~d~ORT TSA REIMBURSEMENT AGREEMENT.DOC 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2003 AGENDA ITEM: An Ordinance authorizing the City Mar~ager, or his designee, to execute a lease agreement with the United States through its Generar Services Administration for the Transportation Security Administration for use of space at Corpus Christi International Airport in consideration of payment of rent at an annual rate of $66.71 per square foot, for a term of fifty-four months with the option to extend for an additional fifty-four months; providing for publication. ISSUE: The General Services Commission (G~A) desires to lease office space in the Terminal for the Transportation Security Administration (TSA) for staff personnel to administer directives governing U.S. Airports. The Airport will provide 6,993 square feet of office space which will provide $2,162,689 over the lease term for the Airport. There is an option to extend the lease which would provide an additional $1,648,738 to the Airport fund if the option is exercised. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: October 29, 2002: Ordinance authorizing the City Manager, or his designee, to execute a short term lease for a period not to exceed one year between the City of Corpus Christi and the General Services Administration (GSA), acting for the Transportation Security Administration (TSA), for approximately 6,710 square feet of rentable office space. Ordinance #025076 January 14, 2003: Ordinance authorizing the City Manager, or his designee, to execute Amendment No. I to the lease agreement between the General Services Administration (GSA), acting for the Transportation Security Administration (TSA) and the City of Corpus Christi by increasing their current rentable office space of 6,710 square feet by 283 square feet for a total of leased space to 6,993 square feet; and declaring an emergency. Ordinance #025169 FUNDING: N/A CONCLUSION AND RECOMMENDATION: The Airport Board took action to recommend approval of this lease at the Jar~kary 8, 2003 board meeting, Staff recommends approval of the Ordinance as presented. ~ ~/ ~ t~ Departme~'-t ]-Ie~d Signature Attachments: Exhibit A: Background BACKGROUND INFORMATION The Aviation Department was approached by the newly formed Transportation Security Adm n straton (TSA) in September, 2002 with a request to provide approximately 6,000 square feet of office space for them. The Airport agreed to lease s~pace in the former Tower building until space could be built for them in the new terminal facility. TSA and Airport staff began workin~l on plans for office space in the new terminal. Concurrently, Airport staff was working with Generall Services Commision (GSA) to formulate a lease for this space. After several meetings and negotiatio~s, staff was able to formulate a lease acceptable to GSA, TSA, and Airport. The new space is located on the first and second levels of the Airport terminal and is 6,993 square feet of office space including training and conference rooms. It will be included in the last phase of the terminal project for buildout. Included in the rental rate is a base rental rate of $44.11 plus $22.41 per square foot for the cost of buitding the shell and tenant impro'cements. We will receive $705,209 for the shell buildout and improvements over the first 54 months of the lease which will cover the cost of the improvements to the Terminal building for TSA. Funds from the 2000 Bonds for the Terminal Project will be used to pay for the improvements for this additional terminal space. The build-out is estimated to be complete by the end of the year. Once TSA occupies the new space, the tower building will be scheduled for demolition early next year. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LI~ASE AGREEMENT WITH THE UNITED STATES THROI~IGH ITS GENERAL SERVICES ADMINISTRATIONI FOR THE TRANSPORTATION SECURITY ADMINISTRATION FOR USE OF SPACE AT CORPUS CHRISti INTERNATIONAL AIRPORT IN CONSIDERATION~OF PAYMENT OF RENT AT AN ANNUAL RATE OF$66.71 PER SQUARE FOOT, FOR A TERM OF FIFTY-F~)UR MONTHS WITH THE OPTION TO EXTEND FOR ANI ~,DDITIONAL FIFTY-FOUR MONTHS; PROVIDING FORI~UBLICATION. NOW, THEREFORE, BE IF ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ~ SECTION 1. The City Manager, (~r his designee, is authorized to execute a lease agreement with the United States~ through its General Services Administration for the Transportation Security Administ~tion for use of space at Corpus Christi International Airport in consideration of payment of fees that total an annual rate of $66.71 per square foot, for a term of fifty-fou~ months with the option to extend the term for an additional fifty-four months. SECTION 2. 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. 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/30/2003 AGENDA ITEM: An ordinan~:e authorizing the .C.,ity Manager or the City Manager's designee to execute a five-year lease with Landry s Seafood and Steakhouse-Corpus Christi,Inc., to operate a resta~Jrant on the Peoples Street T-Head, in considerat on of :.payment of the greater of $6,0~)0 per month or 2.75% of Monthlygross sales, Whichever ~s greater; providing for several~ce; and providing for publication. ISSUE: Council must approve the authorization for the City Manager or the City Manager's designee to execute a five-ye;~r lease with Landry's Seafood and Steakhouse-Corpus Christi, Inc. to operate a restagrant on the Peoples Street T-Head, in consideration of payment of the greater of $6,00{).00 per month or 2.75% of monthly gross sales, whichever is greater. A copy of the lease is on file with the City Secretary. REQUIRED COUNCIL ACTION: Authorization of Lease Renewal PREVIOUS COUNCIL ACTION: A previous lease was approved by City Council on 6/10/1997 FUNDING: N/A CONCLUSION AND RECOMMENDATION: Landry's Seafood and Steakhouse -Corpus Christi has been a model tenant. It is City Staff's recommendation that the City Council approve the renewal of a five-year lease with Landry's Seafood and Steakhouse-Corpus Christi, Inc. David Ondrias, Acting Director Park and Recreation Department Attachments: BAQKGROUNDINFORMATION (Additional Background) Landry of steel. Their Landry's upkeel sector of the marina. The comn ......... been except!o__n~!.in Cooperati0r north end and creates a great ( on weekday nights and all of ti s Restaurant is a floatin.g restaurant built on a barge made ~ and landscaping are first class and have beautified that ~unication of Landry's management staff and city staff has ~. This restaurant is located on the Peoples StreetT-Head leal of tourism/visitors on this T-Head. Traffic flow is high ~e weekend. Landry's has operated this restaurant since 1991 successfully. Landry's havre consistently paid all revenues owed to the city in a timely manner. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXEC~.ITE A FIVE-YEAR LEASE WITH LANDRY'S SEAFOOD AND STEAKHOUSE-CORPUS CHRISTI, INC., TO OPERATE A RESTAURANT ON THE PEOPLES STREET T-HEAD, IN CONSIDERATION ~)F PAYMENT OF THE GREATER OF $6,000 PER MONTH OR 2.750~ OF MONTHLY GROSS S.ALES, WHICHEVER IS GREATER; PROVIDING FOR SEVERANCE, AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or the City Manager's designee is authorized to execute a five-year lease with Landry'slSeafood and Steakhouse-Corpus Christi, Inc., to operate a restaurant on the Peoples Street T-Head, in consideration of payment of the greater of $6,000 per month or 2.75% of h~onthly gross sales, whichever is greater. A copy of the lease is on file with the City Seicretary. SECTION 2. Publication of this ordinance will be made in the legal section of the official publication of the City of Corpus Christi as required by the City Charter of the City of Cor- pus Chdsti, Texas. SECTION 3. If, for any reason, any word, phrase, clause, paragraph, subdivision, or section of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other word, phrase, clause, paragraph, sub- division, or section, for it is the definite intent of the City Council that every word, phrase, clause, paragraph, subdivision, or section of this ordinance be given full force and effect for its purpose. 08/17/2003 16:31 FAX ~002/017 LEASE AGREEMENT BETWEEN LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. THE STATE OF TEXAS § CITY OF COUNTY OF NUECES § This lease ("Lease'~ is entered ir municipal home-rule corporation, Manager"), and Land~j's Seafoo a Texas corporation, whose prim County, Texas, acting through its AND THE CORPUS CHRISTI KNOW ALL MEN BY THESE PRESENTS: to between the City of Corpus Christi ("City"), a Texas acting through its duly authorized City Manager ('City J and Steak House - Corpus Chdsti, Inc. ("Landry's"), Ipal office and plaos of business is In Houston, Hamis duly authorized representative. The City, in consideration of Lan~ry's faithful performance of the conditions and cove- nants contained in this Lease, lepses to Landry's a dockside area in the Corpus Christi Marina ("Marina"), as fo ows i Section 1. Preamble, Language. The preamble language included above this initial numerated section in mcorporate~l into this Lease by reference and made a part of this Lease for all intents and purpese~s. Section 2. Premises. Landry's side of the Peoples Street T-Hca improvements, including the addl attached Exhibit A (all areas coil porated in this Lease by referenc is granted use of sufficient berthing space on the north ~, to accommodate a barge restaurant, and related site [ional adjacent space designated 'Boardwalk" on the ~ctively referred to as the 'Premtaes"), which is incor- Section 3. Permitted Usee. (A) Landry's must use the Premibes primarily as a restaurant, to include outside dining, and secondarily as a bar. (B) Landry's may use the bar, a~ a secondary ,use only, to sell and serve alcoholic bev- erages if Landry's has compl~ed, and remains in compliance, with all State and local laws, rules, regulations, andprdlnances. Additionally, the bar may be used by Lan- dry's for the sale of souvenir~ and other merchandise secondary to and as appro- priate to complement food arid drink service. (C) The business operation must be confined to the barge restaurant, Boardwalk, and deck areas within the Promises. (D) This Lease is not an exclusiVe right to operate a restaurant in the Marina area. 09/17/2003 16:31 FAX ~003/017 Section 4. Term. The term of this Lease is for five years beginning on the 81" day after final City Council approval. Section 5. Leaee Rate and Pa~'mente. (A) For the first twelve (12) mor~ths of this Lease, Landrv's must pay the City a base lease rate of $6,000 per mo~nth, or 2.75% of monthly*'"'Gross Sales,*" whichever is greater. (B) For the second through fifthi years of this Lease, Landry's must pay the City the adjusted monthly lease rate as described In this subsection or 2.75% of monthly ' Gross Sa es," wh chever is Igreater. (1) For purposes of calcul~tting the base lease rate only for the second through fifth years of this Lease, th~monthly base lease rate will be annually adjusted up- ward, based upon the Consumer Price Index, All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted ('CPI4J"), as published by the United States Bureau ~.f Labor Statistics, or such other index as may succeed the CPI-U, as follows: For each change of one percent (1%) annually in the CPI-U index level from the CPI-U index level available immediately prior to the star~ date of this Lease, the monthly base lease rate will be adjusted upward by a factor of one percent (1%); however, in no event may the annual upward ad- justment between Lea~e years exceed a 3% increase from the amount of the previous Lease year's i~onthly lease rental rate. (2) The applicable CPI-U reference base consists of base years 1982, 1983, and 1984. The CPI-U index level immediately prior to the start date of this Lease was 183.9 (July, 2003), and this level serves as the reference point upon which future adjustments to the monthly base lease rate will be made. (3) An adjustment, if warrax~ted by a change in the CPI-U index level, will lake ef- fact thirteen (13) months following the start date of this Lease and will be fur- ther adjusted each twelve (12) months thereafter. (C) "Gross Sales" means all sales of food, ddnk, souvenir items, and all memhandise of any kind sold on the Premises, excluding sales, consumption, and alcoholic bev- erage taxes. (D) Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Departmenti P. O. Box 9277, Corpus Christi, TX, 78469, or de- livered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Lease Payment Abatement. (A) The monthly lease payment may be abated dudng the time Landry's ceases restaur- ant business operations: Page2 of 16 09/17/2003 16:31 FAX ~004/017 (1) in preparation for movqment to a safe moorage in accordance with Landrv's Hurricane Preparedne~ Plan ("Huh'leans Plan"), · copy of which is attac'hed as Exhibit C and incorporated In this Lease by reference; (B) (2) whenever the barge is suiting from fire, water (3) in the event major reps through the Peoples St In the event that a condition desires to claim a lease payl Marina Superintendent or th. tendent') in writing within th diflon stated in subsection (/ for cessation of restaurant b of restaurant business opera endered substantially unusable because of damage re- wind, or force majeure; or r, renovation, or construction prohibits access to and ~eet T-Head. in subse~on (A) of this section occurs and Landry's nent abatement, Landry's must notify the the City's ; Marina Superintandent's designee ("Marina Superin- ee (3) business days following the occurrence of a con- ,) of this section, providing the date, time, and reason Jsiness operations and the expected date of resumption tions. (C) Landry's must resume its re{ttaurant business operations as soon as practical after a condition that caused the _cej~sation of restaurant buslness operations no longer exists. Landry's must previdp the Marina Superintendent with written notice within 24 hours after resuming restburant business operations. (D) The lease payment abatement amount will be a pro rata share of the minimum monthly lease payment due, Section 7. Mon~ly Financial Statements; Audit of Records. (A) Landry's must keep strict an~l accurate books of acoount and records of Gross Sales and of all receipts collected. (Bi Landry's must furnish monthly statements of Gross Sales, certified by an authorized ofrmer of Landry's, In a~ordance with generally accepted accounting principles and procedures and in a form approved by the City's Director of Finance. (C) Landry's books and records must be open for inspection by the City Manager at all reasonable times. (D) All underlying dooumentatior} for Landry's certified monthly statements, Including, but not limited to, cash regis~r and computer terminal tapes, must be preserved by Landry's for at least three (3) years. The City Manager may term hate this Lease for failure to preserve such records or provide them to the City upon the City Manager's request. (E) The City Manager may audit Landry's books and reoords at any time to verify Lan- dry's Gross Sales for any peiiod within 3 years prior to an audit. 09/17/2003 16:32 FAX ~005/017 (1) (2) "Books and records" Includes, but is not Iimitod to, all documents related to the Conduct of the business such as: general ledgers, accounts receivables and payables, sales joumals, inventory records, dally and perlodi= summary re- ports, cash register an~ statements, tax repom records. Any additional paymen be paid by Landry's to payment be<=ame due, Landry's. computer terminal tapes, bank deposit slips, bank tO State and Federal agencies, and discount and rebate Is due the City, as may be determined by an audit, must ihe City, with annual interest of 15% from the date the within 30 days of such determination and notice to (3) Audits will be conducts reaflon Department, 16 Texas, 78401, and Lar time as required by the Director of Park & Rec ("Director"), the audit imburses the City for ti essary to conduct the d at the administrative offices of the City's Park & Rec- 01 Leopard Street, Corpus Chdstl, Nueces County, dry's must make its books and records available at such City's Auditor. If first agreed to in writing by the City's eaton or the Director of Park & Recreatlon's designee an be conducted at another site, provided Landry's re- s travel, food, and lodging expenses of City staff nec- udit. (4) If the audit shows that Landry's has understated Gross Receipts by 3% or more, the entire expense of the audit must be paid by Landry's. Ssction 8. Delinquency and D~fault Regarding Lease Payments. Landry's is "delinquent" If the City has not received Landry's's monthly lease pay- ment and certified financial statement on or before 5:00 p,m. on the 10th day of the month In which the payment;and certified financial statement are due. If the 10th day on the month falls on a Weekend or holiday, the payment and certified financial statement must be tendered! on the first business day thereafter. (R) Landry's is "in default" if Landry's fails to pay the amount due or provide the certified financial statement within tea (10) business days after the City Manager has sent a wdtten notica of delinquency requesting the payment, certified financtal statement, or both. A default for failure':to pay the amount due or provide the ~ertified financial statement constitutes grounds to terminate this Lease. Section 9. Landry'$ Responsibilities, Landry's, as lessee, shall: (A) Pay for the installation, maintenance, and use of all of its utilities Including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone; (B) Comply with all Federal, State and local laws, rules, mguletions, and ordinaries, as each may be amended, including, but not limited to, Chapter 12 of the City's Code of Ordinances and the Marina Rules and Regulations, and ensure that its em- ployees, agents, and representatives comply as well; 09117/2003 16:32 FAX ~006/017 (C) Maintain the Premises and all Improvements in a good and safe condition dudng the Lease term; (D) (E) (F) (G) (H) Malntain the barge restaure~ In a satisfactory state of rep~ Perform grounds maintenan the Peoples Street T-Head, rated in this Lease by refere grass and landscaped area.~ mars; Raise the barge restaurant Remove the barge restau~a stmction, sinking, or partial set out in Exhibit B; Ensure that no pollutant, eft trash, or garbage issued fro~ Marina or in the vicinity of th ant customers. Landry's mu ises for such materials and ¢ the cleanliness and attractiw tt, moodng lines, spuds, pilings, and anchors at all times lir, as specified by the Marina Superintendent; :e for the area north of the center of the head portion of as shown on the attached Exhibit B, which is incorpo- 1ce, to include, without limitation, litter control of all and the parking lots utilized by its restaurant =usto- it sinks, regardless of the cause of its sinking; t from the Marina in the event of extensive damage, de- inking, regardless of cause, or threat of hurricane, as Jent, liquid or solid waste material, bilgewater, litter, 1 the Premises ia allowed to collect in the waters of the ; barge restaurant or parking areas utilized by restaur- ~t regularly inspect and poli~e the vicinity of the Pram- lean up and remove such materials in order to maintain ~ness of the Marina; (i) Ensure that the noise level i ibly audible to a person of n lines of Shoreline Boulevarc (J) Regularly inspect and mainb suing from the Premises is reasonable and not discem- rmal headng sensitivity standing along the east curb northbound); lin fire fighting systems and equipment in the highest degree of readiness and reg Jlarly conduct training for employees in fire prevention and emergency procedures;~ (K) Pay all operating expenses ihcurred by Landry's in connection with its restaurant business operations; and ~ (L) Pay all ad valorem taxes which may be assessed against the Premises, that are associated with Landr~s useof the Premises, prior to their past due date. Section 10. Repairs and Mainl~nance to Barge. (A) Landry's may not make any I~najor repairs to the barge restaurant while it is located within the Premises, the determination of what constitutes 'major repairs" being within the sole and reasonable discretion of the Madna Superintendent. However, the Marina Superintendent rriay authorize reasonable minor repairs and mainte- nance within the Premises. 09/17/2003 18:32 FAX ~007/017 (B) For all repairs, Land~y's must provide the Marina Superintendent with a written des- cripUon of the type of maintenance requested and the estimated time frame to start and complete the maintenallce requested, at least one week prior to the requested start date. Section 1t. Improvements/Additions/Alterations. (A) Landry's may not make an~ improvements, additions, or alterations to the Premises, the Marina facilities, the extprior of the barge restaurant or the Boardwalk without the prior written approval or, the Director and the City Manager. Landry's must also obtain clearance, in writing,[from the City's Risk Manager as required by Section 26(D) of this Lease. (B) If approved, any improvements, additions or alterations made by Landry's to the Pram ses must comply withlall applicable City Codes. (c) Landry's acknowledges and agrees that all improvements, additions, and alterations that may be made to the Premises, including the Boardwalk area, dudng the term of this Lease become the property of the City upon the earlier termination or expiration of this Lease. Section 12. Restaurant Opera!lions. Landry's shall carry out the restaurant operations in a businesslike manner at all tithes. The hours and days of operation during the term of this Lease must be comparaUle to those of other restaurants in the City that place emphasis upon lunch and evenil~g meals. Section 13. Hurricane Preparedness. If the City or the surrounding area is threatened by a hurricane or other emergermY weather situation, Landry's shall co~ply with all or- ders of'the Marina Superintendent pursuant to the Hurricane Preparedness Plan, as set out in Exhibit C. Section 14, Sanitation. Landry's shall store garbage and ~ash aboard the barge res- taurant or upon the Peoples Street T-Head at a location designated by me Marina Su- perintendent. All garbage and trash stored in designated areas upon the T-Head must be stored in dumpster-type containers. Such containers must be housed inside a small building, screened or appropriately landscaped, and all at Landry's expense and as ap- proved by the Marina Superinterident. The garbage container area must be maintained by Landry's_ Landry's shall obtain garbage pickup no less than five (5) days per week. Landry's may not store anything outside either the dumpster itself or the dumpster housing. Section 15, Parking. Landry's restaurant customers may park on the stem and head portion of the Peoples Street T-Head, provided, however, that such parking areas may not be utilized by Land~y's for the exclusive use of Landry's and its employees and cus- tomers. 09/17/2003 16:33 FAX ~008/017 Section t6. Sanlt~w Sawer. (e) Landry's shall operate its s~tnitary sewer facilities in accordance with the City Code of Ordinances, Section 13-;Z01, as amended, and City Code of Ordinances, Chapter ,5,5, Article Xl, Commemial. nd Industrial Waste Disposal and Pretreatment, as amended. The City warrants sewer se~ to the station Is not disrupte Standby power to operate ti Lease nor Is it planned by tt Section 17. Inspection. Any~ the Premises, including the bar~ to determine whether Landry's il spect the restaurant operations, action, or for any other purpose vice from the lift station only so long as ele~rical service J by storm, accident or other hazards, or catastrophe. ~e lift station Is not available at the beginning of this ,e City. ~cer or authorized employee of the City mey enter upon restaurant, at all reasonable times and without notice, 0rovlding maintenance required by this Lease, to in- ) enforce this Lease, for purposes of any fire or police ncidental to the City's retained rights of and in the Premises. Section 18. Signe and Llghtin (A) Landry's may not exhibit, in., cdbe, paint, erect, or affix any signs, advertisements, notices, or other lettering (".~ Igna") at, on, or about the Premises, or any part there- of, without the prior written; pproval of the City Manager. (B) The City may require Landr~ Landry's does not remove, r the Dlrector'8 written deman Landry's shall pay the City's Failure to pay the amount dl grounds to terminate this Le 's to replace, repaint, or repair any Signs allowed. If 0aint, or repair the Signs within 15 business days of the City may do or cause the work to be done, and cets within 30 days of receipt of Director's invoice. ~e within 30 days from receipt of an invoice constitutes ]se. (C) Landry's may not erect or alex any new or modified lighting fixtures ("Lightin{:l") at, on, or about the Premises, (~r any part thereof, without the prior wdtten appro-v~l of the City Manager. (D) If approved, the new or .a. lter~ed S!gns and Lighting must comply with the C ty's Code of Ordinances and the City's~ zoning ordinance, as each may be amended. Section 19. Assignment or subleaee. (A) Landry's may not, without thp pdor written consent of the City's City Council ("City Council'S, such consent notlto be unreasonably withheld, assign this Lease or sub- lease any portion of the Premises. Any attempted assignment or sublease, without the prior written consent of the City Council may, in the City Manager's sole discre- tion, render this Lease null and void. o8/17/2003 1B:33 F^× ~00~/01? (B) In the event of the City Council's consent to an assignment or sublease of this Lease, each provision, term, covenant, obligation, and condition required to be per- formed by Landry=s must be binding upon any aSSignee or sublessee and is partial consideration for the City C3ouncll's consent to the assignment or sublease. Any failure of the assignee or s~blessea to strictly comply with each provision, term, covenant, obligation, and c~ndition stated in this Lease may, in the City's Manager's sole discretion, render this Lease null and void. Section 20. Non-dlecriminati~n. Landry's covenants and agrees that it shall not dis- criminate nor permit discrimination against any person or group of persons, with regard to employment and the provisioh of services at, on, or in the Premises, on the grounds of race, religion, national origin,[gender, age, disability, or in any manner prohibited by the laws of the United States odthe State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Violation by Landry's of this covenant coBstitutes grounds for the City to immediately terminate this Lease. Section 21. Relationehip of PIIIrties. This Lease establishes a landlord/tenant rela- tionship, and none other, and this Lease must be construed conclusively In favor of that relationship. In performing this Lease, beth the City and Landry's will act in an individual capacity and not as agents, repl'esentafives, employees, employers, partners, joint ven- turem, or associates of one ano~er. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Landry's shall eml~loy sufficient employees to operate the restaurant busi- ness and such employees must be solely in the employ of Lendry's. Section 22. Termination and I~amagea Prior To Expiration. If Landry's terminates this Lease prior to expiration, Landry's must pay the City, within 30 days of termination, liquidated damages in the amount of $34,500 to offset income the City will lose due to Land~s early termination of this Lease. The liquidated damages paid by Landry's will provide revenue to the City while the City attempts to find a new restaurant operator or other revenue source. Section 23, Termination upon, Default. The City may terminate this Lease if Landry's fails to comply with any provision, term, covenant, obligation, or condition of this Lease and fails or refuses to cure the dlefault within a reasonable time after receiving written notice of the default. Notwithstanding the immediately preceding language, default of Section 20 of this Lease will subject this Lease to immediate termination. Section 24. Removal of Barge~ (A) In the event of termination or expiration of this Lease, Landry's must remove the barge restaurant from the Marina, at Landry's cost and without damage to City prop- arty, If Landry's fails to remeve the barge restaurant within 30 days after termination or expiration of this Lease, t~e City may remove the barge restaurant and repair any City property damaged by the removal, and the City will invoice Landry's for such 08/17/2003 18:34 FAX ~010/017 removal and repair coats, ~/hich Landry's covenants to pay within 30 days of receipt of the invoice. (B) If the City removes the bar~ timely do so, City may dock the City Manager, and Lan( docking, or storage. The C restaurant during transit, dc for damage to the barge th~ transit, docking, or storage. e restaurant from the Marina after Land~y's failure to or store the barge restaurant at any location chosen by ~ry's must pay for all costs and expenses of such transit, ty has no duty to prote~t, maintain or ~are for the bate ck ng, or storage and cannot be held liable by Landr~s t may arise out of or in any way be connected with the )f the barge. Section 25. Indemnification./ (A) TO the extent allowed by Texas law and in consideration of al- lowing Landry's to I~ese the Premises, Landry's ("lndemnitor') covenants to fully i~demnify, save, and hold harmless the City, its officers, agents, f~presentatives, and employees (collectively, "ln.demnitees') fron~ and against any.a..n..d all claims, dema.n, ds, actions, damages, I~sses, costs, liabilities, expenses, and judg. me. nts asserted agalpst or recovered from the City on account of {nj.u. ry or da. ma. ge to persons or property (including, without Iimi- rauon on me foregoing, premises defects, workers' compensa. tion, and death claims), to the extent any injury, damage, or loss may be incident to, qrise ou~. of, be caused by, or be in any way connected with, eithpr proximately or remotely, wholly or in part: (1) Landrys' perforn~nce pursuant to ~is Lease; (2).Landrys' use of. the Premises ~nd any and all activities associated with ~e Prsm~ses pursuant tp this Lease; (3) the violation by Landry's, tts officers, employees,!agents, or representatives or by Indemni. tees of any law, r~. l.ei reg**ulstion, ordinance, or government order of any. kind pertamil~g directly or indirectly to this Lease; (4) the ex.erctse of rights urider this Lease; or (5) an act, omission or criminal violation onI the part of Landry's, its officers, empl'oyees, agents, representatives, contractors, patrons, guests, Iicensess, or Invitees entering epon the Premises or Boardwalk area with or without the express Or implied invitation of Landry's, or of In. demnitees, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, omission, or criminal violation is caused or is claimed to be caused by the sole, contributing, or concurrent negligence of Indemnitees, but not if such damage or injury results from the gross negligence or willful misconduct of the Indemnitees. 08/17/2003 18:34 F^× ~011/017 Landry's covenants and agrees that, if the City is made a party to any litigation against Lendry's or in any litigation commenced by any party, other than Landry's relating to this Lease, Landry's shall, upon receipt of reasonable notice regarding commence. ment of litigation arid at its own expense, investiga..te all claims and demand_.,, attend to .their settlement or other disposition, defend the City In a~l actions based thereon with legal counsel satisfactory to the qity Attorney, and pay all charges of atto.rn, eys and all other costs and expenses of any kind whatsoever arising from any said claim'S, demands, actions, damages, losses, costs, liabilities, expense,~ or judgments. The provisions of t~is section survive the earlier termination or expiration of this Lease. Section 26, Insurance. (A) Landn/'s must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as delin- eated in Exhibit D, which isi attached to this Lease and incorporated in this Lease by reference. Landry's must prOvide the City's Director of Park and Recreation and the Risk Manager with a Certiflqate of Insurance, stating the levels and types of cover- ages, at least 30 days prior to the annual anniversary date of the effective date of this Lease. (B) The language on the CertifiCate of Insurance must provide that the City's Director of Park and Recreation and the Risk Manager receive at least 30 days advance written notice, by certified mail, of a~y cancellation, non-renewal, or material change In the insurance policy required in Exhibit D. (c) The Risk Manager retains the dght to annually review the limits and types of insur- ance required by this Lease, to require increased coverage limits and types, if ne- cessary in the interest of public health, safety, or welfare, or to adequately insure the Premises, and to decrease ;overage, if so warranted. In the event of any neces- san/increase, Landry's will receive at least 30 days written notice of the revised re- insurance requirements. Landry's shall procure the revised insurance limits and types within 30 days of receiPt of written notice of the revised insurance require- ments and provide wriffen proof of insurance to the City's Director of Park and Rec- reation and the Risk Manager. (D) Landry's shall, prior to the construction of any improvement, addition, or alteration to, in, on, or about the Premises, obtain prior clearance, In writing, from the Risk Manager that the proposed improvement, addition, or aiteretion will not necessitate a change or modification In the existing insurance coverage maintained by Landry's. This clearance is in addition to the prior consent required by Section 11(A) of this 09/17/2003 16:34 FAX ~012/017 Lease. In the event that thp Risk Manager determ nes that the improvement, addi- tion, or alteration necessities increased insurance coverage, Landry'a shall procure such increased Insurance ck)verage within the time specified by the Risk Manager. Section 27, Taxes. (A) Landry's shall pay all taxes[ license and permit fees, and other fees required to op- .erate the Pm. re!sss. Landr~'s shall also pay all taxes that Landry's use of the Prem- ises causes To oe assesse~ against the Premises, and any_, Fixed Asset and Per- sonal Property taxes appurtenant to the Premises. Landry s shall pay all taxes prior to the due date. ~ (B) Further, Landry's covenanh employment taxes, and all nal Revenue Sewice's Clrc~ it may be amended, prior to of payment of these taxes intendant requests proof of grounds to terminate this b to pay payroll taxes, Medicare taxes, FICA taxes, un- ,ther related taxes according to the United States Inter- ~lar E, entitled "Employer Tax Guide", Publication 15, as their respective due dates. Landry's shall provide proof ,Ithln 30 days after payment is due or the Marina Super- ~ayment. Failure to pay or provide proof of payment is ese. Section 28. Notice. All notices, demands, requeStS, or replies provided for or permitted by this Lease must be in writing and maybe delivered by any one of the following methods: (1) by personal delivery; (2) by del~os~t with the United States Postal Service as certified .mail, retu. m receipt requested, postage prepaid, to the addresses stated be ow; (3) Dy prepald telegram; (4) by l:leposit with an overnight express delivery service; or (5) by fax transmission. (B) Notice deposited with the USited States Postal Service in the manner described above will be deemed effec~ve two (2) business days after deposit with the United States Postal Service. Nofi~=e by telegram or ovemight express delivery serdce will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express c~rrier. Notice by fax transmission will be deemed effec- tive upon transmission with proof of delivery. (C) All such communications mast be made only to the following: City of Corpus Christi Attn: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3480 Office (361) 880-3864 Fax Landry'B Restaurants, Inc. Affn: Steven L. Scheinthal 1510 West Loop South Houston, TX 77027 (713) 386-7365 Office (713) 386-7654 Fax 09/17/2003 16:35 FAX ~013/017 (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change or fax number change within ten (10) days after the address or number is changed. Section 29. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this I~eese and Including dudng any Holdover Period that may occur. Section 30. Modifications. Th enter into a separate developme of this Lease. No other changes provision waived unless made in agreements on behalf of each p; s Lease may be modified by the parties if the parties it agreement for the City's Madna area dudng the term or modifications to this Lease may be made nor any writing and signed by persons duly authorized to sign rty. Section 31. Interpretation; Var ua. This Lease is to be interpreted according to the Texas laws which govern the intE rpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was ent }red into and will be performed. Section 32. Captions. The heaidings contained in this Lease are for convenience reference only and are not intended to define or limit the scope of any provision, and Section 33. Publication. Land~'s agrees to pay the COSt of newspaper publication of this Lease and related ordinanceI as required by the City Charter, in the legal section of the local newspaper, Section 34, Waiver. (A) The failure of either party to Oomplain of any act or omission on the part of the other party, no matter how long theisame may continue, will not be deemed a waiver by said party of any of its rights tinder this Lease. The waiver of any covenant or con- dition or of the breach of any l=ovenant or condition of this Lease by either party at any time, express or implied, ~nay not be taken to constitute a waiver of arly subse- quent breach of the covenant!or condition nor justify or authorize the nonobser- vance on any other occasion Of the same or any other covenant or condition of this Lease. If any action b.y Landr~'s .r~q.uires the consent or approval of the City on one occasion, any consent or approva! given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Landry's default of any provision of this Lease shall not be considered an estoppel against Ihs City. It is expressly understood that, if at any time Landry's is in default in any of its conditions or covenants of this Lease, the fail- ure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any cov- enants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach nor shall the failure to require full compliance with this 09/17/2003 18:35 F^X ~014/017 Lease be construed as char~ging the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 35. Force Majeure. N~ formanca due to any cause bey; or failures In performance cause enemy, common carrier, severe itery author'~ies. Such delays or until these exigencies have beer proof of such force majeure withi as a defense. Section 36. Surrender. Landr~ ment to lease the Premises to ~ that the Premises, including, but upon the expiration, termination, re~eived, reasonable use and ~ where Landry's is without fault, Se,;tion 37. Enforcement Cost taken by the City to repossess th this Lease, collect for any damaG provisions of this Lease, Landry'; sum as a court of competent iud., ~ party to this Lease is liable for delays or failures in per- nd their control including, without limitation, any delays J by strikes, lock outs, rites, acts of God or the public nclernent weather, or riots or interference by civil or mil- [allures to perform extend the period of performance removed. Landry's shall Inform the City in writing of r~ three (3) business days or otherwise waive this right 's acknowledges and understands that the City's agree- ndry's is expressly conditioned on the understanding hot limited to, the Boardwalk area, must be surrendered or cancellation of this Lease in as good a condition as ar, acts of God, fire and flood damage or destruction (cepted. ~. In the event any legal action or pro~eedlng is under- .~ Premises, collect the rent payment(s) due pursuant to ss to the Prer~ises, or to, in any other way, enforce the agrees to pay all court costs and expenses and such diction may adjudge reasonable as attomeys' fees in said action or procaeding or, in tr e event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 38. Survival of Terms. does not release either party fron (1) the parties have expressly agl ding, but net limited to, Section 2 would be intended to be applicab Section 39. Acknowledgment; pressly acknowledge that they ha Lease. By Landry's execution of covenants, and conditions conrail ledges and undemtands that this rized by the City's City Council ar parties, any ambiguities in this Le Termination or expiration of this Lease for any reason any liabilities or obligations set forth in this Lease that ced survive any such termination or expiration, in¢lu- i; (b) remain to be performed; or (c) by their nature e following any such termination or expiration. nd Construction of Ambiguities. The parties ex- ye each independently read and understood this Ihis Lease, Landry's agrees to be bound by the terms, led in this Lease. Furthermore, Landn/'s acknow- ;-ease is not binding on the City until properly autho- d executed by the City Manager, By agreement of the ase am not to be construed against the drafter. Section 40. severability. (A) If, for any reason, any word, phrase, paragraph, provision, or section of this Lease or the application of such lar~guage to any person or oimumstance is, t,o any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction, 09/17/2003 16:36 FAX ~01§/017 then the remainder of this Lease, or the application of said language to persons or cimumstances other than those as to which it is held illegal, invalid, or unenforce- able, will not be affected hereby, for it is the definite Intent of the parties to this Lease that every word, phrase, paragraph, provision, or section of this Lease be given full force and effect fOr its purpose, (B) To the extent that any wor~, phrase, paragraph provision, or section of this Lease !,s_ h.eld Illegal, invalid, or un,enforceable under present or future law effective dudng [ne Term of this Lease or b~f a final Judgment of a court of competent jurisdiction and in lieu of each such illegal, linvalid, or unenforceable language, a word, phrase, paragraph, provision, or section, as similar in terms to such illegal, invalid, or unen- fomeable language as maybe possible and be legal, valid, and enforceable, will be added to this Lease autom~atically, Section 41. Entire AgreementI This Lease document and the incorporated and at- tached exhibits constitute the edtim agreement between the City and Landry's for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference~to the subject matter hereof, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a com- plete understanding within the provisions of this Lease and its exhibits of the terms, cell- ditions, promises, and covenants relating to Landry's operations and the Promises to be used in the operations, 09/17/2003 16:36 F^× ~016/017 EXECUTED IN DUPLICATE, eaoh of which shall be considered an original, on this the day of ~ ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chaps City Secretary APPROVED AS TO LEGAL F¢ Elizabeth R. Hundley Assistant City Attorney for the City Attomey George K. Nos City Manager ,2003. STATE OF TEXAS COUNTY OF NUECE$ This instrument wes acknowle~ge~ before me on the day of ,2003, by George K, Nos, City Manager of thelCity of Co~us Chdsti, a Texas home-rule municipal corporation, on behalf of the corporation. Notar~ Public, State of Texas 09/17/2003 1~:3G FAX ~017/017 LANDRY'S SEAFOOD AND STEAKHOUSE -CORPUS CHRISTI, INC. Steven L~, $c, heinthal, Vice President Date: STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged be fo .m,_ me on the/____~_..day of _~. ,2003, by Steven L. $chein~flal, Vice President of Lendrys Seafood ~nd Steakhouse-Coq~us Christi, Inc., a Texas corpom~n, on behalf of the corporation. Nota~ public, State of Texas comm,..--E..,,.. March 07, 2007 Nota~ Public, State of Texas Printed Name Commission expires: Log~: Page~l~ SEP-19-2~ 16:09 FROM: T0:917139615027 P.O12x~24 £xhibit A LEAS~ AR~. BOARDWALK SEP-19-2008 16:89 FROM: Exhibit TO: 9171B9615027 P.01~/084 0 0 0 GROUNDS MAINTENANCE RESPONSIBILITY SEP-19-EO~ 16:09 FROM: T0:917139615027 P.O14xO~4 EXHIBIT C Alert ~nd Operational Conditions { Civil Defense City of Corpus Christi The following system for indicating th~ various phasos of hurricane warnings will be usc& _ { Condition 5 - An ale~l condition set at~nually on June 1, whioh remains in effect through November 30. This condition indicates that the hurricane season exists. Conditiun 4- Thc path of a stonu (r hurricane has been fairly well established to indicate destructive wind of for~ u within 72 hours. Condition 3 - Movement of a storm hours. Take preliminac Condition 2 - Movement ofstorm or h Tako pr~autions to Condition I - Movemcm of storm or Establish a ~a~ of read Hurricane Prennredne~ PIn~ (l) when Civil Defense with restaurant-retained food spoilng¢ and s¢cul (2) when Civil Defense aler will be di~cennec~ed ($overal sites have ~ (3) At condition two (2), it r hurricane indicates destructive winds of fomo within 24 r pr~autionaxy measures. gricane indicates destructive winds of for~e within 18 hours. nit establishment of a st:au of rcndincss on short notice. hurricane indicates destructive win& of for~¢ imminent. ness and tsk¢ preoantion to minimize damage. of Bnr~_e Restnurnnt ~ and oporational condition four (4) is s~nounced, cout~t tug operator will be made. Initial preparations regarding ing looso objects will be mnd¢. a~d oI~fional condition ~ (3) is announced, the barge tugged ~o the inner 'hurbor area to a predesignated location. fly been identified and initial contact with owners made.) ', anticipated that ti~ barge will almedy be moved or is in the process of being movedL 11×15×1902 16:19 CITY CRPS G~STI / RISK MGMNT a 917133~67654 N0.814 Q002 EXHIBIT C LANDRY'S SEAFOOD AND STEAKHOUSE - CORPUS CHRISTI, INC, 2002 HURRICANE/EMERGENCY ACTION PLAN This Hurricanc/Rmerge~cy Action facility, known as LANDRY'S SE, (hereinafter, "Landry's") in¢ludin[ ve]oped with the Coordination and Division of the Park & Recreation ?lan (bereina~er, th= "Plan") for the food and beverage cFOOD AND STEAKHOUSE - CORPUS CHRISTI, INC. thc property, facilities, and improvements, haz been dc- pproval of the Emergency M.-~gement Offico, tho Mmlna )cpartment, and the Police Depar~ent of the City of Corpus Christi. It is current for the 2002 hi aricane season and thereafter until ~placed, rescinded, or amended. This Plan w/II be revie~xl by the Marina Superintendent and Landry's General Manager on an annual basis, prior ~o June 1 *' of each calendar year, and any updates, corrections, or revisions will be forwarded to th~ Marina Superintendent's office by that date. LANDRY'S SEAFOOD AND STEAKItOUSE - CORPUS CHRISTI, INC. Office Telephone #: 061) 882-6666 General Manager: R. W. Newcomer, Ir., 705 Saint Bemadine, CC, TX 78416 Home: (361) 937-4363; Pager: (361) 886-7031; Mobile: (361) 813-5607 Manager (1): Robert Newcomer, Ill, 4306 Wondering Creek, CC, TX 78410 Home: (361) 242-0504; Mobile: (361) 549-9926 Manager (2): Mildred Trujillo, 4633 Christine, CC, TX 78415 Home: (361) 851-2071 Manager (3): Home: (979) Office: (214) Jay Kahn, 1510 West Loop South, Houston, TX 77027 241-8326; Pager: (888) 858-7243 #106227; Mobile: (214) 417-4371 698-1010 Manager (4): Scott Musser, 1 $10 West Loop South, Houston, TX 77027 Home: (281) 351-6901; Pager: (888) 858-7243 #124649; Mobile: (713) 410-7383 Office: (713) 386-7268 CORPUS CHRISTI MARINA KEY PF.I~ONNEL OlflflCE: (361) 882-'/333 (24 hours) Peter Davidson, Marina Superintendent Pager: (361) 886-0308; Radio #891 Mobile: 0 61) 537-2463 Rene Garza, Marina Supervisor Mobile: (361) 815-5920 Pager: (361) 224-4988; Home: (361) 855-3835; Radio #897 11715x2~02 16:19 CITY CRPS CRSTI x RISK MC-i~T ~ 917135867654 N0.814 Q003 GOVERNMENT OFFICES Police Deparmaent ...................... Fire Department .............. ~ .......... Emergency Operating Center ....... Emergency Management Office ... GENERAL PROVISIONS The order to implement the Management Coordinator, E It shall be the sole responsi~ all equipment, inventory, fm secure the facilities. It ~hall be Re sole responsibi Marina from any operation operations, garbage, materi~; · 886-26O0 880-3900 880-3714 850-3700 Ns0tional Weather Service Recorded Forecast ................ 2~)-1861 Office .................................. 2~d~)59 Park & Recreation Office ...... 880-3461 ~lan may be issued by the Mayor, City Man.,ocr, Emergency irector of Park snd Rec~ation. or the Manna Superi~temiant. ity ofLandv/'s owaers/opera~r~ to remove from the Premises 2iture, materials, supplies, all portable units/buildings, and to .ity of Landry's to ensoze no pollutants cnter the water~ of the owned/operated by Landry's, such as grease ~raps, fueling All owners/operators, m~n~ars, and employees will be required to evacuate the Marina Complex when conditions ~.aten human safety as determined by the Police Chief or Marina Superint~adent. Th~ Marina staff will secure the Marina Complex and ensure all persons are notified of the d~ger. The Marina Office has issue~ Emergency Passes to key Landry's employees. Access to the Marina Complex will be res~cted to persons presenting evidence of tenancy issued by ffie Corpus Christi Municipal M~rina (i.e., a copy of the lease document or a Marina Emerganey Pass). INCREASED READINESS ACT~,ONS FOR VARIOUS CONDITIONS This Plan is framed around four '!conditions" which represent varying degrees of threatened emergencies and is based on the acfiqn to be ~alcen as these conditions are known to develop through infonna~on received from the Nation,al Weather Service or my other source~. These conditions are as follows: CO_N?ITI ,O.N N~ER 4 (Gl~.N) - Beginning of Disaster Vulnerability Seasoa - Tiffs condition will be used by emergenc3~ services personnel to refez to a situation which causes a higher degree of disastez possibility than is normally present. This condition will automatically go into effect Upon such occurrences as thc beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year) or other general conditions, such as a fire threat due to severe dzoughL 11/15/L::28~2 16:19 C]TY CI~P$ CI~T! / RISK I'1~1111T * 9171~:~8~76S~ N0.814 ~004 La~dry's Sgafood & Steakhouse-. Corpus Christi, Inc. November 2002 CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans, and utilize the media and other sources to recommend various protective actions to thc public_ LANDRY'S ACTION: Landry's ~General Ma,zger will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than Sune 14 of each calendar year. Lendry's will prepare a contingenc~ plan for: (I) disconnecting power and/or utility services from all portable building(s); (2) rernovi~g all portable building(s) from the premises; (3) having grease traps vacuumed; (4) removing objects from outside the restaurant; and (5) otherwise securing the Premises. CONDITION NUMBER OYF~L!,(~W) 3 - Situations Exist that Could Develop Into Hmmrdous Condition - This condition will b~ declared by the City Manager or Emergency ManAo~ement Coordinator to identify a situation v~uich presents a greater potential threat than "CONDITION 4" but no kamediate flmmt to life or pr~porty. This Condition might be generated by such events as a hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in transit through the City by rail, truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thin'v-six hours and/or within one hundred miles or,he City of Corpns Christi. CITY AL;lION: The Marina Sul~finte~dent, or his designee, will: advise Landry's of any changes in Condition as advisories or declarations are received. advise Landry's IF and WHEN information is received on utility shut offs. CPRL secures their service when they determine it is in jeopardy, without notice to the Marina_ The Marina may shut offpower if high Waters make conditions dangerous_ initiate/continue removal of watercrait from the Marina Complex until it is determined the operation is unsafe due to weather/mad/equipment conditions. Marina rescue boats will be hauled out prior to cessation of haul-out operations. relocate essential City records, tools, equipment and supplies to a safe location. ensure all loose items m Marina are secured. LANDRY'S ACTION: cease all normal operations of the restaurent(s) and/or gift shop and begin seeming the Premises and facilities. consult with the Marina Superintendent relative to operations; make arrangements for removal of any and all above ground tanks, oil drums, or related equipment. 11/15×~0~ 16:19 CITY CRPS CRST! / RISK MGMNT ~ 919135869654 N0.814 ~005 l.andry's Seafood & Steald~ousc Corpus Christi, Inc. -4- Novcmber 2002 make arnmgements for the removal of all re~igerated foods from the Premises. make arrangements to have ~ll grease traps vacuumed. make arrangements for re. mt machines, potted plants, stre by or leased by Landry's or make arrangements for all fu of the restaurant(s) or out of CONDmON NUMBER ¢0RAN, of Developing In~o A Hszardom .C. or Emergency M~n~gement Coor~ pot~tial and probability of cansinl usually require some degree of war This condition might be generated b thunderstorm warning, or any other mat~al spill, major fire, growing One such situation when this cond: indica~e~ the possibility of a hurricl damaging winds or rising tides in ~ val of any equipment, durapsters, building materials, vending :t furniture, and other objects on the Premises that are owned hat have been placed on the Premises by Landv/s. xfishin.?.s, except for fixtures, tO be moved above the first floor tha Marina. ~E) 2 - Situations Exist That Have Definite Characteristics ~ndilion - This condition will be declared by the City Manager *tor to identify a hs~rdous situation which has a si~ificent loss of life and/or damage to property. CONDITION 2 will ing the public of a potential disaster. r' such events as a hurricane wa.minE, torllado warning, $ever~ notification of the existence of a direct threat, such as a toxic vii disturbance, etc. tion will be declared is when thc National Weather Service nc landfall within lwentv-four hoars close enough to cause City of Corpus Cl~dsti. CITY ACTION: complete any gm~iuing hur~cane preparations and begin evacuating ~11 persons ffrom the Marina Complex. LANI)RY'$ ACTION: complete any remaining hurticene preparations. - evacuate all employees from thc Marina. CONDITION NUMBER 1 (RED)- Hazardous Conditions Are Imminent - This condition will be used to signi~ occurrence ufa n~jor emergency IS il~mir~nL Events such as a hunic~ae slrike, l~ndfall predicted in 12 hours or le~s, tornado stti~, large explosion, widesplead civil disturbance, damaging tides, or other similar evejats will constitute a "Condition One" declaratiorl. CITY ACTION: ensure that all hurricane preparations fl~zoughout the Marina Complex have been completed and all persons have evacna~ the Marina Complex. 11/15/&)002 16:19 CITY,CRPS (i~STI × RISK MGMNT a 91713:]867654 N0.814 Q006 Landry's Seafood & Steakhous¢ - Corpus Christi, Inc, -5- Nowmber 2002 Landry's will have completed all preparations prior to this Condition evacuate all Landry's employees fxom the Marina Complex. and are required to ! Marina staff will rep. orr to duty, ~ directed by the City', Bad Weathe~ Policy, for damage to me iriS..c~.mplex will be re$~cted to persons presenting evidence of tenancy issued by the Corpus Chri~ Municipal Marina (itc., a copy of the lease document or a Marina Emergency Pass). APPROVED on thc dates written. IhAI~DRY'S $EAI~OD A'ND S~0USE - CORP10S Clllt~-I'h INC.: At The I-awre~ Street T-Head By: Date: City of Corpus Christi, Park & P~creatlon Department By: Date: City of Corpus Christi, Police Department By: Date: City of Corpus Christi, EmergenqY Management Office By:, Date: SEP-lg-E~ 16:11 FROM: {NSIII~NC~ RROITI~MENT$ TO:917139615B~7 P.O20X024 1. LE~SEE'~; LIABILITY INSURANCE A. The L~sse~'s must not commence wulk under this agreement until he/she has obtained .ill imuranee required herein and gu'~ insurance h~z b~.~ approved by the City.' Nor may the Le~e allow any subcontragtor to ~w~meu~e work until ~11 smular insurance required of the subcontractor has been so obtain~l. B. The Lessee must fumishto the City's 14sk~ 2 copie~ ofCerfificatcs of Insuraucc, with the City named as au additional ~ for a~l liability policie~ and a bi~. et wmver of subrogation on all applkab? poli.c!.'es, showing the follow, ag wlnimum ooverase by au msurau~ company(s) ~table to the City's { 30-Day l',[otice of Cancdl-ilon required on ,all cer~iff [ ]8ml,*i), injury mind Pvoper~y Dsm -:e Co~ C-m~ral Liability including: 1. C~,d F~rm 2. Premisem - Olx~,tiou.q C~ Inmm'uncc 5. Broad Foua Prop~-n'y D,,-,~ 6. Ind~t Contractor~ ?. P~rsoual I~ Liquor Liability Coverage OR REN,~.~ WOR](3[~S ' COMI~ENSATION F..MPLOYF~S' CumI~rr¥ $2,000,000 COMBINED SI~OLE LIMIT $1,000,000 COIVIBII~ SINGLE LIIvlIT $1,000,000 COMBINED SINOI~ LIMIT WHICH COMPLIES WITH THE TEXAS WORKEI~' COMPEIqSATION ACT AND PARa. ORAPH II OF THIS $100,000 Co In the event of accidents of any kind~ the Lessee must furnish the Risk Manager with copies of all reports of such accideats at the same time that the reports are forwarded to any other interested third parties. L~dvy's ~ las. R~q. 2-1 la)7 up Risk ~ SEP-19-E~. 16:11 FROM: T0:917139615~? P.~1~024 ~DDITIONAL a ~c~ ~, ~e ~n~ ~ ~ ~ be ~m ~ a poh~ ~d ~dorsements app~ by ~e T~ Dep~ of~- . - '. [ · ' ' ~d~ d~ ~e date ~e of au~ofi~ to s~-~e r~ine ii ~ ~ is not ~bj~ to ~ r~ocadon ~ro~i~ ~e~ p~d~ b~orc ~e T~ ~ork~' ~mpmsefi~ Co~s~on. F~, E at ~y ~c b~ore n~ ~toC otto usC~P ~R~o ~ 7~69-9277 - ~on: C~r ~tor. ~h~ work~' ~mp~s~on ~e is pro~d~ ~ou~ ~ li~ ~ comply or Certificate of Insurance: * The City of Corpus Christi nmst bc named as an nddltional insured on the liability coverage, except for the Workers' Compcnsat|on coverage and blnnket waiver of subrogatiou on all applicable policies. If your insurance company uses the st~dard ACOED form, the cancellation clause (bottom tight) must be ,me~ded by adding'the wording ~changed or" between "be" nnd "canceled", and deleting thc words, "endeavor to", and deleting the wording after The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage requ~d by items 1~ (1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1,B. (I)-($) are included or excluded A completed I)isclosure of Interest must be submitted with your proposal. Land~'s Les~. In~. Req 2-11-97 ep Risk Mgmt. 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 18, 2003 AGENDA ITEM: Presentation pn The Way It Was video, curriculum guide for the Corpus Christi History exhibit, and recognition of those who put the exhibit together, produced the video, and developed the curriculum guide. CITY STAFF PRESENTER(S): Name Title 1. Rick Stryker Museum Director 2. Faryce Goode-Macon City Planner DeptJDivision Museum of Science and History Development Services/Planning ISSUE: As part of the celebration of the Corpus Christi sesquicentennial, the Museum researched, fabricated and installed a permanent local history exhibit, the Landmark Commission produced a local history video, and the Museum developed a curriculum guide to help teachers use these assets in the classroom. This is an opportunity to recognize the staff, volunteers, and community resource people who participated in the development of these projects and to bring public attention to its availability. BACKGROUND: The Way It Was, produced by Frank Van Heughten of Quadrant Productions, is a sesquicentennial project of the Corpus Christi Landmark Commission. The Landmark Commission is staffed by Faryce Goode-Macon of the Planning Division of the Development Services Department. It is a 19 minute video that tells the history of the City. It was funded by a grant from the Texas Historical Commission with additional funding by the Friends of the Museum. The script was written by Paul Pope with input and direction by Museum staff in order to make it compatible with the new Corpus Christi History exhibit. A nine minute version of the video was designed to play as a component of that exhibit featuring the impact of Mayor Roy Miller and the pivotal role that the 1919 hurricane played in positioning Corpus Christi for economic growth in the 20th century. Corpus Christi: The Way It Was is a Curriculum Guide to the exhibit that was developed by a team of three teachers under the guidance of Museum Educator Sandra Linderman. The Guide targets Texas Essential Knowledge and Skills (TEKS) at the third grade level at which the social studies curriculum begins the study of communities. Previous to the completion of the exhibit, video, and curriculum guide, it was difficult for local teachers to insert local history into the social studies curriculum at any grade level. The Guide, done by teachers Barbara Shurte from Flour Bluff lSD, Minerva Trevino from Tuloso-Midway, and Diana McCurry from Corpus Christi lSD, was funded by the Coastal Bend Community Foundation. The Corpus Christi History exhiDit has been significantly enhanced since opening in September 2002. For that project the Museum received considerable cooperation and input from the staff and resources of the Corpus Christi Library, the Archives at the Bell Library of Texas A & M Universi'~y - Corpus Christi, Corpus Christi Caller-Times and a number of people with local hist(1)ry expertise. It was funded by grants from the Coastal Bend Community Foundation arld the Prichard Family Foundation with additional funding from the Friends of the I~luseum. The Way It Was video and Cor distributed to 62 elementary sch also available through the Re( significant asset for the educati~ Texas. Under City Ordinance, sc policy benefiting 16,429 student: )us Christi the Way It Was curriculum guide are being 3ols (both public and private) in Corpus Christi and are ion 2 Education Service Center. The Museum is a n of public, private, and home school teachers in South hool students are admitted tothe Museum at no charge, a ;last fiscal year. REQUIRED COUNCIL ACTIVIN: None (Department Head Signature) Additional Background Exhibits 18 NO ATTACHMENT FOR THIS ITEM 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Six-Month~Report of the Development Services Department, commonly referred to as the "E)ne-Stop Development Center". STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose 2. Arthur N. Sosa 3. Michael N. Gunning Assistant City Manager Assistant Director/Inspections Assistant Director/Planning City Manager Dev Srvcs Dev Srvcs OUTSIDE PRESENTER(S): Name Title/Position Organization None. ISSUE: Provide highlights of various improvements accomplished since relocation from City Hall to the First Floor of the Frost Bank Building. BACKGROUND: On March 3, 2003, Development Services moved to the First Floor of the Frost Bank Building. Prior to relocation from City Hall, re-engineering efforts were underway to streamline processes and provide improved customer service. The attached report highlights re-engineering efforts and customer service improvements accomplished to date. REQUIRED COUNCIL ACTION: None. Additional Background [] Exhibits [] ose, Assistant City Manager Corpus Christi City of Corpus Christi Department of Development Services "One-Stop Development Center" Six-Month Report 2003 Back~round In 1999 during the Annual Cit.~ Council Retreat, the City Council listed priorities for the two-year period. One of tl}e. priorities was to provide improved services to the development community. City Council directed the City, Manager to rese~ch options for delivery of those improved sc~rvices. As a result, a One-Stop Center concept was identified to facilitate the deli3ery of those services. The Center would provide citizens one location to interact with !a department that deals with all development sensitive issues. The City Manager appointed ~ team that toured several cities in Texas that had initiated the "One-Stop Center" concept~ On November 14, 2001, after several months ofreseareh and evaluation, the Department of Development Services was created. Research proved the need for developers and contractors to be able to access development related services without traveling to several different departments. The department consists of the Special Services Division of l~ngineering Services, the Building Inspections Division of Housing and Community Devalopment, and the Planning Department. All three sections were combined in an effort to provide the most efficient development information to the development community. Development Center On March 3, 2003 the Department of Development Services relocated from three locations within City Hall to the first floor of the Frost Bank Building. The relocation included re-engineering of pro{esses that would prove to be beneficial and efficient to the customer. Embracing the T.E.A.M. concept, (Together Everyone Achieves More), all staff members are encouraged to coordinate the resources of all sections of Development Services and provide consistent direction to customers. Development Services Six-Month Reporl Page 2 Permits The Permit Section is using th~ Naviline System which allows the section to process tap work orders quicker and more efficiently because one computer system links together all of the affected departments (Development Services, Water, Wastewater, Gas, Storm Water, etc.). In addition, assistance to other departments has been improved through training, networking and the pr{ In the past, when there were were sent from Inspection to consuming and had a direct, m the transition t o t he N aviline s consequently, customers are no Permits, Plan Review, Inspect Naviline system. The result efficient application and data ] inspectors with scheduling insp In previous years, a customer wait up to 30 minutes. No 1 customer is greeted by the Rec Permit clerks receive customer~, approximately 15 minutes. sence of one database. luestions on property addressing for permits, customers 'lanning to acquire the correct address. This was time ;ative impact on our customers. Now that we have made }' stem, w e a re a 11 u sing t he s amc property addresses s o longer sent from one department to another. ons, and Land Management operations also utilize the s a much higher level of customer satisfaction due to ~rocessing. The Permit Staff is also able to assist field ~'ctions using Naviline. teeding to visit a Permit Clerk had to take a number and )nger is the customer required to take a number. The ~ptionist and is directed to the appropriate staff member. by name. Average waiting time to visit a Permit Clerk is Geographic Information System (GIS) One centralized web page ha~ been created and contains links to provide immediate access t o information a ssociat~d with e ach section o f t he Department o f Development Services. Customers can easil)~ access relevant planning and inspection information from one location such as applicaqions for permits, Zoning and Platting Ordinances, and Planning Commission agenda~. The website also contains various maps: General, Economic Development, Censqs, and Political Districts; i.e. voting districts. Geographic Information Systerg (GIS) is widely utilized by the development community. In order to provide informatio, to the customer without leaving their location, access to the basemap and many other "lhyers" of information has been improved by providing the information over the Intemet. An outreach training program continues, whereby staff provide GIS Web Site training to the development community at a location of their choice. In addition, the del~artment is making the transition to a mainstream GIS software package, ArcGIS. Tl~is software package is used by thousands of governmental entities, as well as the private sector. We will have the ability to easily provide and acquire data from the internet and the development community. During several discussions with the development community, the City obtained consensus that sharing data between the City and the private sector is a worthwhile Developmem Services Six~Month Reporl Page 3 endeavor. The City and the development community agreed on the format and structure of the files that will be shared. An ordinance was drafted that will be presented to the City Council which includes all of the details of electronic document submittal. In the past, we provided paper copies of permits to the Nueces County Tax Appraisal District. That practice has recently been replaced with generation of digital permit reports. On a weekly basis, the Nueces County Appraisal District receives digital permit reports for their use. The Co~lstal Bend Daily Legal and Business newspaper receives digital permit reports on a daily basis. This improvement has allowed us to reduce the amount of paper we generate and will also give us the ability to post specific information to the internet. The Inspection section of the Department recently implemented a new permits software program. Over the past six months, staff has continually progressed in their understanding and use of the software program. The result of this improvement is that permit applications are processed smoother with fewer delays and we are also taking advantage of the many reports that are available. Plan Review Re-engineering processes in the Plan Review sections require that a Plan Review employee is available at all times to attend to walk-in customers. Staff is available to assist design professionals, conlractors, builders and homeowners with code compliance information prior to submission of building permit. Walk-in customer waiting time has been decreased due to the availability of a plan review staff member at all times. To ensure availability, Plan Review staff has implemented block scheduling for walk-ins and phone calls. The average waiting time has been decreased to approximately 15 minutes. Since the relocation to the Frost Bank Building, plan review time for residential plans has been reduced from 4-7 days to 2-4 days. With a decreased waiting time, customers are encouraged to drop off submittals to a Plan Reviewer. At that time, the Plan Reviewer is able to check for accurate and complete information. Incomplete submittals are returned to the customer with comments. Plan review time for Commercial plans has been reduced from 6-8 weeks to a 4-5 week period. Plan Review staff created a process by which weekly meetings are held to conduct preliminary review of submittals. All disciplines are represented and submittals are checked for completeness. Within one week of plan submission, customers are provided comments and anticipated permitting date. Plan Review is developing an Outreach Program to assist design professionals, builders, contractors, and City staff in the permitting process and criteria for plan submittals. These sessions will be held during "brown bag sessions", association luncheons and meetings on a quarterly basis. Development Services Six-Month Report Page 4 Inspections On September 9, 2003, the I n~emational Codes were adopted by City Council. These codes are the 2003 International Codes, which include Chapter I - The Administration Chapter, Building Code, Residential Code, Mechanical Code, Plumbing Code, Fuel Gas Code, Energy Conservation C6de, Fire Code, and the Flood Hazard Prevention Code. The 2002 National Electrical C~de was also adopted. The effective date of the codes is October 9, 2003, and require~ all contractors to comply with the codes as adopted. Adoption of the International ~odes assures the citizens of Corpus Christi of uniform enforcement which results in c~nsistency for the development community. A key component of the Busine reach out to the development technical construction codes. sessions for architects, engine estate community in the new co ss Plan for the Department of Development Services is to community and assist with the implementation of the This outreach effort will consist of holding training :rs, home designers, builders, contractors, and the real les and procedures. Special Services i As in the Plan Review sectioni re-engineering efforts include having a staff member of Special Services available at all times to answer customer questions and issue permits. The Special Services Section ~f Development Services is responsible for street closures, alleys, easements, use privilege agreements, infrastructure reimbursement requests, revocable easements, and driveway permits. Cross-training has occurred to enable staff members to complete tasks in ihe absence of other staff members. Special Services has also implemented an email system to expedite communication with the public. Private utility companies are informed ¥ia email which decreases waiting time. After review of the infrastmc.ture construction process and ways to make the process more efficient for the custon~er, Development Services Staff met with Utility Staff (Water, Wastewater, Storm Water, Engineering, and Gas) to discuss re-engineering of the Construction Plan process. A~ a result, the process to inspect, approve, and accept plats for recordation was streamliged. The process now provides that the Construction Inspection Division of Engineering Services would coordinate all approvals from every utility depashnent involved and forward one final approval of 75% and 100% acceptance. The developer or the contractor coordinates acceptance and recordation requirements with only one person within ~e city organization. Customers receive their information within 2 - 3 days after Special Services receives application for recordation. As part of the Plan Review for Inspection Operations, Special Services reviews the civil portion of the building plan submittal. The review process includes drainage, sanitary, water, gas, and driveway requirements. Verification of utility easements and yard requirements are also part of the review process. Special Services review ensures compliance of state and local ordinances. Development Services Six-Month Report Page $ On August 19, 2003, City Council amended the ordinance and procedures for construction of infrastructure when funded through the Trunk Main Trust Funds. The ordinance and procedures were effective September 19, 2003 and was amended to include fome mains and lift stations along with sanitary sewer trunk mains. Reimbursement is contingent t~pon compliance with the Master Wastewater Plan. The amendment has permitted the developer to develop land that was previously undevelopable due to inadequale utility services. The fund will reimburse the developer for the construction of force l~ains, lift stations, trunk mains, and construction of grid water mains. The amendment[also includes reimbursement for storm sewer collection systems subject to adoption by pity Council of the new Storm Water Master Plan. Ordinance Administration The Ordinance Administratior~ section has improved Zoning and Platting acceptance procedures which have improved communications with engineers, surveyors, developers, and other applicants in the sub~nission of platting and rezoning applications. Applicants complying with submittal r eqtlirements are confident t hat t heir application w ill n et b e delayed. These procedures have also resulted in improved information being provided in a timely manner. Another improvement achieved is the posting of the Zoning and Platting Ordinances on the department website. A customer can print one page or the entire code. To better utilize Staff and developer schedules, a specific meeting date has been established (Thursday afternoons) for pre-submission conferences. The establishment of this meeting date ensures that other City department representatives will be available to meet with applicants and representatives. The scheduling of pre-submission conferences also ensure that information provided by the applicant reaches the different department representatives in timely manner in order to provide vital information to the applicant. During functional review of each section of Development Services, it was decided that Sign Permits would be issued by the Ordinance Administrative group who are well versed in the Zoning Ordinance regarding signs. By requiring the Ordinance Administration Group to issue sign permits, the customer would obtain their permit at one location. Previous practice required the customer to begin the process at City Hall to obtain the permit and travel to pay for the permit at Development Services. An agreement was reached with Nueces County regarding the City's Extra Territorial Jurisdiction (ETJ) by allowing the City to process plats within all areas located within the City's ETJ. This agreement facilitates the approval of a plat which previously required approval from two separate entities. Comprehensive Planning The Corpus Christi Urban Transportation Plan (CCUTP) was adopted by City Council on March 25, 2003. The CCUTP provides the citizen and development community a single transportation planning document covering the entire City and its Extraterritorial Six-Month Reporl Page 6 Jurisdiction. This document incorporates the most current TxDOT Design Standards to allow for TxDOT participation in funding of major roadways, potentially reducing costs to the City and developer. It allso provides sufficient room for utilities, thereby reducing the need for easements on privt~te property and moving utilities out from under the paved portion of the right-of-way. The Comprehensive Planning Plan map of the entire City Unified Future Land Use community a convenient singl plan provides land use informa infrastructure needs for water utilities. This plan will be corn City Council adoption of the i Central Area Development PI~ Services Department is inc¢ developers at a much earlier sta development processes. x~d GIS Teams are creating a Unified Future L and Use ad its Extraterritorial Jurisdiction. The Corpus Christi )cument will provide citizens and the development source for viewing the City's desired growth pattern. The ion needed by the City and developers to estimate future wastewater, storm drainage, transportation and other ~leted by September 30, 2003. lustang Padre Island Area Development Plan and South is scheduled for December of 2003. The Development porating input from citizens, property owners and ;e of the planning process than has been done in past plan Other Improvements In order to provide the best c4astomer service, a survey (see attached) was created by Development Services to receive feedback from the development community about services being provided. The isurvey has also been placed on the web-site and can be completed and forwarded for r~view. Future Improvements Fill remaining vacant positi}ons ff Cross-training of employee~ Continue to streamline ser~,'ces Outreach programs for Plan Review and Code Adoption Creation, implementation, and enforcement of electronic document submittals Mustang Island and South Central Area Development Plans adoption Acquire the latest technologies-communications systems, laptops, hand-held units or telephony equipment to assist with real-time inspections Development Services Six-Month Report Page 7 Introduction of the Tacoma Model - The City establishes a process where various permits would be issued wilhin a certain timeframe or the applicant receives a refund based on a percentage of the permit cost Re-engineer the recordaticm process whereby a verification process is in place regarding collection of development fees Provide a web-based apl41ication whereby customers can request permits and inspections on-line and vie'o/permit status Post building permit data aclivity summaries to the website Implement Escrow Paymen~ accounts Dep4rtment of Development Services ~ 2406 Leopard, 1st Floor Corpus Christi, TX 78401 www.cctexas.com Inspections (361) 826-3240 Planning (361) 826-3560 Development Services Managqment Team Margie C. Rose, Assistant City Manager Arthur N. Sosa, Assistant Director/Inspection Operations Michael N. Gunning, Assistant: Director/Planning Lucinda P. Beal, Administration Romeo Bazan, Permits Mike Newberry, Geographic Information System Alonzo Garza, Plan Review Mark Simon, Special Services Miguel S. Saldafia, Ordinance Administration Robert E. Payne, Comprehensive Planning Joseph Elliot, Plumbing/Mechanical Inspections David Lewis, Electrical Inspections Ruth Blake, Backflow Prevention Development Services Six-Month Report Page 8 Thank you for visiting the City of Corpus Christi's "One-Stop Development Center". One of the City's goals is to provide the best customer service possible. In order to continue to provide exceptional customer service, we ask that you assist us in this endeavor by providing your comments. 3- very well 4- excellent 5- not applicable Comment(s) 5. Did thc employee explain the process and procedure sufficiently? I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) 9. Planning- Were you satisfied with the service provided? I - needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) I- needs improvcnnent 2- fair 3- very well 4- excellent 5- not applicable Comment(s) 2 Was the Development Center environment professional and clean? project was in process? 1- needs improvement 2- fair 3- vcny well 4- excellent 5- not applicable Comment(s) I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) 3. Was the amount of time you waited to be assisted 4 Was the information provided by the employee regarding the process as it relates to your project understandable? I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) 6. Did the employee remain in communication throughout the process? I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) Ali-America Clly Pro$ram The Ali-America City Award is America's oldest and most prestigious community recognition award. For over 53 yea~s the Ali-America City Award has encoumgnd and recognized civic excellence, honoring communities of all sizes (cities, towm, counties, neighborhoods and reg~om) 7. Permitting - Were you satisfied with the s~rvice provided? I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) 8. Plan Review Were you satisfied with the service provided? I- needs improvement 2- fair 3- very well 4- excellent 5- not applicable Comment(s) Optional Information: Name: Address: Telephone: Other Comments: Did the employee offer additional assistance while your I0, Special Services Were you satisfied with the service provided? Department of Development Services .BACKGROUND · 1999 Annual City Council Retreat Priority - Improved · "One-Stop Center" concept was identified to provide citizens one loca~tion to interact with a department that deals with all development sensitive issues. · Appointed team toured several cities in Texas that had initiated the "One-Stop Center'' concept. BACKGROUND (continued) · On November 14, 2001, after several months of research and evahaafion, the Depamuem Of BvYetopmem Services was created. · Department included the combination of the Special Services section, of Engineering Services; Buildi.ng InspectiOns section of :Housing and Commumty Development; and the Planmng Department. · Creation of the department would provide the most efficient development information to the development community. March 3, 2003 Development Services relocated from three locations within City Hail to the First Floor of the Frost Bank Building Development Center OrganizatiOnal Chart PermiFInspections ' Director Assistant Director Comprehensive Planning Pla~, Review ) GIS Ordinance Administration ) Development Center · Relocation proved to be beneficial and efficient to the dev el opmen, t_c0_m~rntln~i ~ty_~ · Embraced T.E.A.M (Toge~er Everyone Achieves More) concept · 'Staff members encouraged to coordinate resources of all sections .and provide consistent direction to the development community. · . ' ~ides a more efficient process due to · Nav~hne Syste~m pro__ ~ ices, Water, Wastewater, · . - '-~tween L~velopment Serv aff~~ffment approximately 1 $ minutes. Geographical Information Systems (GIS) · One centralized web page containing links to provide information associated with each section ~mmediate access to of the department~ · Web-site provides access to · Applications for Permits (Building, Electrical, Plumbing/Mechanical, etc.) · Zoning and Platting. Ordinances and Planmng Commission agendas · Various maps: General, Economic Development, Census, and Political Districts; i.e, Voting distriCts · Staff provides GIS webzsite training to the development community Plan Review · Employee available at alt times to attend to walk-in customers Walk-in customer waiting time has decreased Residential plans review .waiting time-reduced from 4 to 7 days to 2 - 4 days · Commercial plans review waiting time reduced from 6 to 8 weeks to 4 to 5 weeks · Wetly meetings to review commercial plans - all disciplines are represented ~·Outreach Program Inspections · International Codes were adoPted by City Council on · New codes require all contractors to comply · Assures citizens uniform enforcement which results in consistency for the development community. · Outreach Program - Business Plan component includes assisting the deVelopment community with the implementation of technical construction codes Special, Services · Staff member available at all times to assist customers training and cross · Responsibilities ~nclude street closures, alleys, easements, use privilege agreements, infrastructure reimbursement requests, revocable easements, and driveway permits. Process to ~nspect, approve, and accept plats for recordation was streamlined - Construction Inspection Division of Engineering Services coordinates all approvals from utility departments and forwards 75% and 100% acceptance application to Special Services. g:fter receipt: of application, Special Services provides a 2'3 day turnaround · Assists in Building Plan review by reviewing civil portion building plan submittal of the Special Services (continued) Trunk MaiffTrust Fund-'~Effective September 19, 2003 amendment to include force mains and lift stations along with sanitary sewer trunk mains. Reimbursement cOntingent upon compliance with the Master Wastewater Plan } ~Allows the developer to develop land' that was previously m'~developable due to inadequate utility services. 1,' Fund will reimburse the developer for construction of force mains, lift stations, trunk mains,.and construction of grid water · mains. Ordinance Administration · 7improved Zdning and Platting acceptance procedures to improve communications with the development community · ,Zomng and.Platting Ordinances ~are on page or the entire code the web site - print one · Specific meeting date (Thursday afternoon) has been established for pre-submission conferences. Ensures other city department representatives are available to meet with the applicant · Sign permits- Currently processed by Development Services. ' Previous practice required the customer to begin at City Hall and obtain the permit at the Development Center · ETJ agreement- AlloWs the city's ETJ city to process all plats within the Comprehensive Planning Corpus Christi Urban Transportation Plan (CCTUP)was adopted by City Council on March 25, 2003 - Incorporates the most participation' in funding of major roadways, potentially reducing costs to the City and developer · CCTUP provides sufficient room for utilities, reducing the need for easements on private property and moving utilities out from under paved portion of the fight-of-way · Unified Future Land Use Plan- provides development community · a convenient single'source for v~ewing the City's desired growth pattern. Includes information regarding future infrastructure needs Comprehensive Planning (continued) Mustang Pffdre Island Area Development Plan and South Central Area Development Plan adoption scheduled for December of Department incorporated input from citizens, property owners and developers at a much earlier stage of the planning process Thank yo~ for visiting the City of ~orpu* Chrbtt'l "One-Stop Development Center". One eflhe Clty'~ goals b ~o provide the best eustomer servJee po~dble. In order ¢~-eonflnue to provide excepfionM customer serV~ee, we ask that you assist us Jn this tvadeavor by providing your eommentL 3- very well ~- not appUcsd~ Comment(s) Comment(s) Comm~t(O Customer Survey not qRdJcable Comn~ut(s) Cormmn~O) Comment(s) Commeltt(s) Future 'Improvements Fill remainil~g vacant position · .Cross-training of employees · 'COntinue to streamline services · Outreach programs for Plan Review and Code Adoption · 'Creation, implementation and enforcement of electronic document submittals · Mustang Padre Island an'd South Central Area Develop Plans adoption Future Improvements (continued) · Acquire the'latest technologies and communications systems; telephony equipment for real-time inspections · introduce Tacoma Model · ~ Re-engineeF the recordation process whereby a verification process is in place regarding collection of development fees · Provide a web-based permit application whereby customers can request permits on-line and view permit status · Post building permit data activity summaries to the web-site · Implement-eScrow payment accounts 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Memorial Cbliseum Adaptive Reuse Presentation STAFF PRESENTER(S): Name ~ Title/Position Department 1. Jorge Cruz-Aedo 2. 'Angel R. Escobar, P.E. Assistant City Manager Director Engineering Svcs. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Jack Solka Partner BMST Architects ISSUE: This is a report on possibility of Adaptive reuse of the Memorial Coliseum. BACKGROUND: With the number of new venues being built in downtown Corpus Christi, an architectural firm has been hired to look at the future of the Memorial Coliseum and the possible adaptive reuses for that facility. REQUIRED COUNCIL ACTION: None Required Adapted Re-use Study Memorial Coliseum City of Corpus Christi '~ City of _.Cgi'pus ~ Chnsti Presentation Contents 1. Location of Project 2. Background of Coliseum 4,, Conclusions of Report 5. Scheme "A " 6. Scheme "B" 7. Scheme "C" 8. Re-use Comparisons 9. Summary City of Corpus _--~' ~ Christi Area Map C~ity of '~ ~grpus ~ ~ Ch sti City of Col-pus Christi Conclusions of Report 1. Structurally sound 2. Cost of repairs are tess than new construction 3. Historically Significant Building 4. Multiple uses for Facility 5. Re-use of building is appropriate Cityof Background of Coliseum The Memorial Coliseum was designed by local Architect _Richard_~_~dl~_and was completed over 50 years ago. The structure has historical significance because of the clear span design and since Mr. Colley was the designer of many notable structures including Texas Instruments Facilities throughout the world. __~_= c~i~y of Em~st~ Scope oJ' Study Recommend to the City adaptive re-uses for Memorial Coliseum after the completion of the new Arena and expanded Convention Center facilities. C~ity of cnnsu 20' 4-0' GRAPHIC SCALE: 1 '=50' TOTAL FIRST FLOOR AREA: 73, 587 SQUARE FEET FLOOR AREA OF MAIN BUILDING ONLY: 68,120 SQUARE FEET AS TAKEN FROM RECORD DRAWINGS DATED DECEMBER 1952 CITY OF CORPUS CHRISTI COLISEUM FEASIBILITY STUDY September 23, 2003 SCHEME "A" Scheme "A" 1. Complete renovation including removal of permanent horse-shoe seating 2. Replacement of restrooms, offices, storage and concessions 3. Renovation cost $ 4,400,000 ~City of ~ Co?pus -----_. ~ Christi Scheme "A" Uses Practice area for hockey teams and recreational ice skating 2. Arts, Crafts and trade shows 0 Tejano or Country music dances and cOh~certs High School graduations Covered open market Multi Purpose Complex Civic center complex with meeting facilities for civic clubs City park and Recreation Headquarters Maintenance Operations Center for Parks Dept. City of Cgrpus Christi ~ M M l~l M TOTAL FIRST FLOOR AREA: 73, 587 SQUARE FEET FLOOR AREA OF MAIN BUILDING ONLY: 68,120 SQUARE FEET AS TAKEN FROM RECORD DRAWINGS DATED DECEMBER 1952 CITY OF ~ CORPUS CHRISTI . COLISEUM ............ FEASIBILITY / / i / / t STUDY~--' ~=- 50' 0 1 O' 30' 50' ~' ~ September 23, 2003 ~ 20' 4-0' ORAPHIC SCALE: 1"=50' SCHEME "B" City of Cgrpus ~ ~ Chnsti Scheme "B" 2. Replacement of restrooms 3. A.D.A. compliance work 4. Renovation cost $ 3,200,000 Scheme "B" 0 Dances sponsored by local civic organizations Practice area for hockey teams and recreational ice skating Arts, Crafts and trade shows Tejano or Country music dances and concerts High School graduations Arena Football Facility City of Corpus ._~ ~ Christi Scheme "¢" 1. Offer Facility to private Developers 2. Sale of property 3. Lease 4. City and Developer Partnership 5. Benefit/costs to the City to be determined Adaptive Re-Use Matrix No.Type of Use Scheme Scheme Scheme "A" "B" "C" 1 Dances sponsored by local civic organizations O O N/A 2 Small trade shows ~ {} N/A 3 Practice area for hockey teams and recreational ice skating ~ 1~ N/A 4 Arts and Crafts shows ~ [] N/A 5 Tejano or Country music dances and concerts {} ~ N/A 6 High School graduations ~ ~ N/A 7 Covered open market {} O N/A 8 Multi Purpose Complex O O N/A LEGEND Good ~ Fair O Not Suitable N/A Not Applicable City of Christi Adaptive Re-Use Matrix No.Type of Use Scheme Scheme Scheme "A" "B" "C" 9 Offer the facility to developers for a private/public N/A N/A ~ partnership !0 Designate part_of facility for a wind sports museum ~_ ~ ~ N/A 11 Festival site O O N/A 12 Civic center complex with meeting facilities for civic clubs {} [] N/A 13 Co-operative use arrangement with TAMU-CC O O N/A 14 City Park and Recreation Headquarters~ ~ N/A 15 Arena Football Facility [] ~ N/A 16 Maintenance Operations Center for Parks Dept. ~ O N/A LEGEND Good [~ Fair O Not Suitable N/A Not Applicable 1. It is economically sound to retain existing structure 2. Option "A" Cost- $ 4,400,000 Option "B" Cost- $ 3,200,000 Difference of $1,200,000 gives the facility added flexibility 3. Part of a development plan for Bayfront ~ ~ Chnsti 21 AGENDA MEMORANDUM DATE: September 30, 2003 SUBJECT: Laguna Shores Road Street Improvements from Mediterranean to Caribbean (Project No. 6158) B(~ND ISSUE 2000 PROJECT NO. C-IR AGENDA ITEM: A. Public Hearing on proposed ~ssessments for improvements to the following highway in Corpus Christi, Nueces County, Texas (BOND ISSUE 2000): · Laguna Shores ROad Street Improvements from Mediterranean to Caribbean Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: · Laguna Shores Road Street Improvements from Mediterranean to Caribbean imposing assessments totaling $146,963.49 against property abutting the improvements, affected railways, and property and railWay owners; fixing corresponding liens on property and charges against prope~ owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures; and declaring an emergency (BOND ISSUE 2000). Motion authorizing the City Manager, or his designee, to award a construction contract to Berry Contracting Company from Co~pus Christi, Texas in the amount of $2,759,059 for the Laguna Shores Road Street Improvements from Mediterranean to Caribbean (BOND ISSUE 2000). ISSUE: Laguna Shores Road is a rural road section with inadequate shoulders, roadside ditches, and no sidewalks and needs to be reconstructed to urban standards. Reconstruction will provide smoother riding surfaces, improved drainage, and increased pedestrian safety; and fulfitl property owner requests for street and sidewalk improvements. FUNDING: Funds to finance the proposed project are available in the Street Bond Fund and Utilities Commercial Paper Program. RECOMMENDATION: Staff recommends approval of the Ordinance and Motion as presented. ~gdR. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit "B" Bid Tabulation Exhibit "C" Preliminary Project Budget Exhibit "D" Location Map H:IUSERS2'~HOML~VELMAR\GEN\STREET~158~CONSTRUCTION'~AGENDA MEMO BACK ROUND INFORMATION SUBJECT: Laguna Shores Road ~;treet Improvements (Project No. 6158) BOND ISSUE 2000 PIROJECT NO. C-IR PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance ca~ on November 7, 2000, in the City o' levying a sales and use tax pursuar the voters in Propositions 4 and 5 ( 2. March 27, 2001 - Motion authoriz services contract in the amount of $ Reconstruction at the following site · Laguna Shores Road · Azores Road · Catcay Road · Jamaica Drive (Motion No. 3. January 151 2002 ~ Motion authoriz to the Engineering Services Cont Neighborhood Street Reconstructi( 4. January 15, 2002 - Motion authori services contract in the amount Reconstruction along Laguna Shot 5. February 121 2002- Motion author 1 to the Engineering Services Cont~ ~vassing retums and declaring the results of the Special Election held Corpus Christi for the adoption of seven propositions; adopting and t to Section 4A of The Development Corporation Act as approved by 3rdinance No. 024269). r~g the City Manager, or his designee, to execute an engineering 159,300 with Bass & Welsh Engineering, Inc. for Neighborhood Street M2001-122). ng the City Manager, or his designee, to execute Amendment No. 1 act in the amount of $6,981 with Goldston Engineering, Inc. for n along Laguna Shores Road (Motion No. M2002-021). :ing the City Manager, or his designee, to execute an engineering of $509.61 with Lontos Engineering for Neighborhood Street .~s Road (Motion No. M2002-020). zing the City Manager, or his designee, to execute Amendment No. ~ct for design, bid, and construction phase services of the Riviera Lift Station in the amount of $46,250 with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Sho~s Road (Motion No. M2002-046). May 13, 2003 - Resolution author!zing the City of Corpus Christi to perform equivalent-match project (Laguna Shores Road Improvemen.ls) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation-waived) projects not yet awarded (Resolution No. 025284). 7. May 13, 2003 - Motion authorizingI the City Manager, or his designee, to execute Amendment No. 5 to the Engineering Services ContraPt in the amount of $6,981 with Goldston Engineering, Inc. for Neighborhood Street Reconstructien along Laguna Shores Road (Motion No. M2003-174). 8. Auqust 26, 2003 - Resolution determining the necessity for and ordedng the improvement of the following highways in Corpus Christi, NueceS County, Texas: · Laguna Shores R(~ad Street Improvements from Mediterranean to Caribbean specitying that certain of these imprpvements will be paid for party by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of PropOsed Assessments with the Nueces County Clerk (Resolution No. 025438). 9. AuRust 26, 2003 - Resolution apl~roving plans and specifications for improvements to the following highways in Corpus Christi, N~leces County, Texas: · Laguna Shores Read Street Improvements from Mediterranean to Caribbean approving the Director of Engineeri!~g Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the September 30, 2003 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordedng the Director of Engineering Services to provide written notice of the public headng to property owners (Resolution No. 025439). H:IUS ERS2'~H OMEIVELMAR~G E N\STREET~61581CONSTRUC1rlON~AGENDA BACKGROUND PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. ~ to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, ~treet Improvement Projects) to 73 local architectural and engineering firms. 4. September 28, 2001 - Executed small Consultant Agreement for project management assistance in the amount of $25,000 with Goldston Engineering, Inc. for the Bond Issue 2000 Street Projects. 5. April 11, 2002 - Public Meeting at Flour Bluff Intermediate School to inform Property Owners of upcoming construction improvements. 6. June 4, 2002 - Executed Amend~ment No. 2 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shotes Road. 7. July 25, 2002 - Executed Amendment No. 3 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shoies Road. 8. July 29, 2002 - Executed AmendF~ent No. 2 to the Engineering Services Contract in the amount of $18,600, for a total re-stated fee of $524,t50, with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 9. October 31, 2002 - Executed small Consultant Agreement for a traffic analysis study in the amount of $24,945 with Wilbur Smith & Associates for Neighborhood Street Reconstruction along Laguna Shores Road. 10. December 2, 2002 - Public Meeting at Flour Bluff Intermediate School to discuss the bddge across Tropic Isles Channel on Laguna Shores Road. 11. January 8, 2003 - Executed Amendment No. 4 to the Consultant Agreement for project management assistance in the amount of $1,678 with Goldston Engineering, Inc. for Neighborhood Street Reconstruction along Laguna Shores Road. 12. March 26, 2003 - Executed Amendment No. 3 to the Engineering Services Contract in the amount of $24,911, for a total re-stated fee ef $549,061, with Bass & Welsh Engineering, Inc. for Neighborhood Street Reconstruction along Lagurla Shores Road. FUTURE COUNCIL ACTION: · Adopting the final assessment roll (tentative date May 2005) PROCEDURES: Resolution No. 022767 specifies the procedures that apply to the assessment process. (In the past, ordinances were necessary to initiate the assessment process, which may now be taken via resolutions). Testimony by the Director of Engineering Services and the city-retained real estate appraiser is made in writing and filed before the public hearing. GENERAL: The proposed project is part of the Bond Issue 2000 Projects that was voter-approved on November 7, 2000. The project provides for reconstructing neighborhood streets to include curb, gutter, sidewalks, driveways and underground storm drainage. The improvements include water and wastewater line adjustments or replacements. The improvements are petitioned by adjacent property owners who are assessed a portion of the cost. The property owners requested the bridge on Laguna Shores Road be removed and not replaced. Their request was presented to the Traffic Advisory Committee (TAC) at their May 2002 meeting and a second public meeting was held with residents on December 2, 2002. A Traffic Analysis Study was presented to the TAC on January 27, 2003, for review and concurrence. Due to results of the study, the bridge will remain and traffic calming devices will be installed in the roadway. An amendment has been issued to the consultant contract that includes changes to the bridge and the calmin devices. EXHIBIT "A" ~ H:\U SERS2\HO M E\V ELMARIG E N~STR~:ET~6158\CONSTRUCT[ON'AGENDA BACKGROUND The Tropic Isles Subdivision is an older neighborhood that was originally platted in 1956. The area is comprised primarily of residential hou~se district. The deteriorated condition of the public infrastructure consists of street pavement in poor cor~dition, roadside ditches that provide poor drainage, asphalt/caliche driveways and no sidewalks. The utilit~ water and wastewater lines are old and in need of replacement. A petition was submitted and was qualified April 7, 1987 through the Voluntary Paving Program and approved for funding in the voter approved Nove reconstruction of the street so that str( replacement. The project improvement.~ storm drainage, plus water/wastewater PROJECT DESCRIPTION: This proje replacement with a new 40-foot back o walks and bikepath, cement stabilized b; timber and R/C bridge with a new conc~ and replacement with about 2,400 linear 12-inch sanitary sewer force main, the, the removal of existing water laterals a] sanitary sewer force main outside the Station with associated electrical, valvi improvements and other work as show accordance with the plans, specificatio~ ~ber 2000 Bond Election. Utility work will be accomplished prior to et and drainage work need not be disturbed in the future for utility consist of new pavement, curb and gutter, sidewalks, driveways and improvements. :t consists of the removal of about 2,600 linear feet of street and : curb to back of curb street containing concrete curbs and gutters, ~se and asphalt surfacing, the removal and replacement of an existing 9te bridge, the removal of existing sanitary sewer mains and laterals [eet of new 10-inch PVC mains and laterals, the construction ora new :onstruction of new inlets and about 2,600 linear feet of storm pipes, ~d replacement thereof, about 2,400 linear feet of new 12-inch PVC above described street limits and improvements to the Riviera Lift ~g and piping improvements and temporary pumping plant bypass ~ in the plans and specifications required to complete the project, in ~s, and contract documents. CONTRACT BIDS: The preliminary assessment roll is based on bid proposals received for the project on Wednesday, July 23, 2003. The differenc~ between the lowest two bids was $2,449.45, less than 1% of the project's value. Upon review of the submitted pr..o_lI~sals, the City's Engineering Consultant, Bess & Welsh Engineering and City staff have determined that it is not in,the best interest of the project or the City to award to the Iow bidder. Factor's that contributed to this decision i~dude: · Poor Contractor performance re~/iews for the lower bidder on other City Projects, · The complexity of the project du~ to replacement of the Laguna Shores Bridge and Corps of Engineering requirements, · The need to complete the project in an expeditious manner; and · The successful expenence of the second lowest b~dder w th C ty projects of a s m lar nature. Therefore, City staff is recommending thar( a construction contract for this project be awarded fo the second lowest bidder, Berry Contracting, LP d.b.a. Bay Ltd. H:~USERS2'~HO ME~VELMAR~G E N~TRE ET~6158~CO N STRU CTIO N~GEN DA BACKGROUND EXHIBIT "A" Page 3 of 3 . BiO TABULATION Page I of 5 P~OJECT NO. 6158 pI~4oR, TX 78064 C.C. TX784~ Hou~on. TX 77227 C.C., 'tX 784~9 Pflug~lle, TX 78~ ~ I DES~N I ~g~I'Y. I UNIT UNrFPt~CE I AMOUNT UNtTPRICE I AMOUNT UNITPRICE I AMOUh'T UNITP/~CE I AMOUNT UNITPRIGE I AMOUNT Page 2 of 5 -""~ ~co~lpiete in place per e'~ -- '~-"--' $818.12 --$81& 1'---~ $800.'--~'--'~ $800.~" $600.'-~'--'~-' $600."---"'~' S782.00 $782.00 $,330.00 ~330.00 Page 3 of 5 rr~ I " ...... I CaT~. I Ua~T uarrP~c~ I A~OU~ UNrrpmc~ I *aaou~T uarrPe.~ I ~OU~ UmTPPdC. t A~OU~ uNrrPm~ I .mU~T Page4of5 QTY. I UNIT UNITPRICE ] AMOUNT UNrTPRICE I AMOUNT UNITPRICE } AMOUNT UNITPRICE I AMOUNT UNITPRJCE I AMOUNT Page 5 of 5 PRELIMINARY PROJECT BUDGET LAGUNA SHORES ROAD STREET IMPROVEMENTS FROI~ MEDITERRANEAN TO CARIBBEAN (Project No. 6158) September 30, 2003 FUNDS AVAILABLE: Streets ....................................................................................... Storm Water ................................................................................. Wastewater .................................................................................. Water ........................................................................................... Total .......................................................................................... FUNDS REQUIRED: Construction (Berry Contractir Street ....................................................... $650,975.50 Storm Water ................................................... 1,100,691,00 Wastewater ................................................... 833,272.50 Water ............................................................ 174,120.00 Subtotal Construction .................................................................. Contingencies (10%) ...................................................................... Consultant (Bass & Welsh Engi leedng) ............................................. Consultant (Goldston Engineeri lg) ................................................... Consultant (James K. Lontos, F. E.) ................................................ Consultant (Wilbur Smith Asso iates) ................................................ Finance Reimbursements ....... ,' ....................................................... Engineering Reimbursements ........................................................ Testing ........................................................................................ Bond Issuance Expense .................................................................. $950,152.14 1,233,694,59 1,019,264.90 243,361,73 $3,446,473.36 $2,759,059.00 275,905.90 298,361.00 18,996.00 509.61 24,945.00 7,020.70 35,000.00 13,500.00 9,676.15 Misc.(Printing, Advedising, etci) ...................................................... 3,500.00 Total .......................................................................................... $3,446,473.3~6 FILE: ~Mpro]ec~\councilexhibits~exh6158.dw~ .-/ CPL Barney Davis. Plant and Reservoir VICINITY MAP NOT TO SCALE PROJECT NO, 6158 EXHIBIT "O" CITY COUNCIL EXHIBIT LAGUNA SHORES RD STREET IMPROVEMENTS OE~,~Rr~E~T OF E~C~~E~R~~~ SE~CES FROM MEDITERRANEAN TO CARIBBEAN PAGE: I of 1 CIT~' OF CORPUS CHRISTI~ TEXAS DATE: 09f22~2003 ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS Tq THE FOL.,L. OWlNG HIGHWAY IN CORPUS CHRISTI, NUECES COUNI~Y, TEXAS. Laguna Shores R IMPOSING ASSESSME PROPERTY ABUTTIh RAILWAYS, AND PROP CORRESPONDING LIEN~ .ad from Mediterranean to Caribbean JTS TOTALING $146,963.49 AGAINST THE IMPROVEMENTS, AFFECTED ERTY AND RAILWAY OWNERS; FIXING ON PROPERTY AND CHARGES AGAINST PROPERTY OWNERSI PROVIDING FOR SUBSEQUENT ADJUSTMENT OF .~SSESSMENT AMOUNTS AND THE CORRESPONDING LIEN{S AND CHARGES BASED ON AS-BUILT CONDITIONS; SPEClFYII~IG ASSESSMENT PAYMENT TERMS AND LIEN ENFORCEMENT ! MEASURES; AND DECLARING AN EMERGENCY. In its Resolution No. 02543~, passed on August 26, 2003, the city council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Chris~i, Nueces County, Texas: Laguna Shores Road from (collectively, the "Laguna S "Project"). In that resolution, the ci* sidewalk improvements were to b( Driveway improvements were to b On November 26, 1996, the specified rules which apply to the ~ "Assessment Process Rules Reso notice and the assessment hearin vlediterranean to Caribbean lores Road Street Improvements Project") (the council also noted that street, curb, gutter, and 3aid for partly by the city and partly by assessments. paid for entirely by assessments. city council passed Resolution No. 022767, which :ity street improvement assessment process (the ution"). These rules concerned assessment hearing itself. In Resolution No. 025439 p~ssed on August 26, 2003, the city council scheduled a public hearing on proposed assessments for the Laguna Shores Road Street Improvements Project. The city cobncil directed that hearing notice be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the followling dates: September 1, 2003, September 8, 2003, and September 15, 2003. Written notice was sent via certified mail to owners of property abutting the proposed improvements, and owners of affected railways, if any, on September 11, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the September 30, 2003 city council meeting, a public hearing was held concerning proposed assess Improvements Project. The city c( written testimony by retained real estate is attached as Exhil B. testimony, if any, by improvements and t C. testimony, if any, by ments for the Laguna Shores Road Street ,uncil considered: the citys director of engineering services and a city- ~ppraiser. A copy of the appraise.rs written testimony it A; owners of property abutting the proposed leir representatives; owners of affected railways and their representatives; additional testimony~, if any, by the director of engineering services, other members of city staff, and a city-retained real estate appraiser; and E. other testimony andlevidence if any. After consideration of all testimon~y and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements and for affected railway property, if any, are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Section 49-2 1 and Texas Transportation Code Chapler 313. The front-foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the city council has applied special rates or made other equitable adjustments to the assessments, all considering the: special benefit the property and the owner receive in enhanced value to the property; B. equities of the owners; and C~ adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The city council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal lia~3ility and charge against the property owner. This includes any property which is int~e area between, under, or extending two feet outside a railways tracks, double tracks, t~rn outs, or sw tches SECTION 5. The director ( to adjust these assessments and 1 city council action if it is determine the amount of property actually im utilized for purposes of calculating adjustment may be made to ensul to as-built conditions. The adjustrr (front-foot rule, special rate, other assessment listed in Exhibit B. It is intended that these adj will not trigger any statutory requir hearing to impose revised assess~ SECTION 6. These asses~ all testimony and other evidence. They also reflect the correction of ,f engineering services or his designee is authorized he corresponding liens and charges without further d after completion of the proposed improvements that :)roved is either greater or less than the amount the assessment. Under those circumstances, an e that the assessment for each property corresponds ent will be made using the same assessment method 9quitable adjustment) which was used to calculate the Jstments will not be substantial in nature. Thus, they .~ment for the city council to hold a new assessment nents. ;ments have been imposed after due consideration of I'hey include any appropriate equitable adjustments. any errors, inaccuracies, or irregularities noted at the public hearing. All protests agains: or objections to the assessments or to the contract for the improvements, other than ,s reflected in Exhibit B, are denied. SECTION 7. In accordanc, owner may pay an assessment a: Any property owner assessment has interest, within thirty improvements by th, ; with Corpus Christi Code Section 49-21, a property follows: against whom and against whose property an n imposed may pay the whole assessment, without (30) days after completion and acceptance of the ~ city. Alternatively, an ass ~ssment may be paid in 120 or fewer monthly installments. The fir.~ t installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. Installments and ac( rued interest will be due each month thereafter until the assessment is paid. Alternatively, an ass~essment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. One installment and accrUed interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest ~ate on assessments will be the greater of: A. eight (8) percent per the interest rate paid obligation bonds. Assessment installments rr principal and accrued interest. If a indebtedness or any part thereof, the option of the city, immediatel or presentment for payment. SECTION 9. These asses: affected. They are superior to an district, or municipal ad valorem when the Corpus Christi City Co~ Improvements Project. SECTION 10. A lien again that arises from an assessment u~ the property assessed in the man ad valorem taxes. Further, the as= expenses of collection, and reaso SECTION 1'1. That upon v copy attached, to find and declare action necessary for the efficient ~ of an emergency is made and de( consideration and voting upon ore is passed and shall take effect up __ day of ,2(3 annum; or by the city on its most recently issued general ay be paid at any time before maturity by paying the property owner does not timely pay an assessment Ihen the whole indebtedness remaining unpaid will, at mature and become payable without notice, demand, ;ment liens are first and prior liens on the property other lien or claim other than one for county, school ~xes. The liens date from August 26, 2003, the date lcil ordered the Laguna Shores Road Street st property or the personal liability of a property owner Ider this ordinance may be enforced by suit or sale of ler provided by law for sale of property for municipal ;essments may be collected along with interest, 3able attorneys, fees. ~ritten request of the Mayor or five Council members, an emergency because of the need for immediate ~nd effective administration of city affairs, such finding lared requiring suspension of the charter rule as to inances at two regular meetings so that this ordinance )n first reading as an emergency measure this the 03. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ~1~ ~ ~s~n ~. Burke, Jr. istant City Attorney For The City Attorney ,2003 4 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the em emergency exists requiring susper voting upon ordinances at two reg[ suspend said Charter rule and pas at the present meeting of the City Respectfully, Council Members The above ordinance was passed Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Bill Kelly Jesse Noyola Mark Scott .~rgency clause of the foregoing ordinance an sion of the Charter rule as to consideration and lar meetings: I/we, therefore, request that you s this ordinance finally on the date it is introduced, or ;ouncil. Respectfully, Samuel L. Neal, Jr. Mayor City of Corpus Christi )y the following vote: CITY ENGINEER'S STATEMENT LAGUNA SHORES ROAND STREET IMPROVF _M__~NT,~ FROM MEDITERRANEAN TO CARIBBEAN My name is Angel R. Escobar. I amthe City Engineer for the City of Corpus Chdsti and have served in this capacity for the last 26 months and as Assistant City Engineer for the last one hundred twenty months (120) months, i ! am a Professional Engineer, licensed by the State of Texas since 1977. I have over 25 years of experience in design of constructionland estimating the costs thereof. I am familiar with this project, which. · Laguna Shores This project consists of the removal foot back of curb to back of curb st cement stabilized base and asphalt sA bridge with a new concrete bddge, ;ncompasses: ,ad from Mediterranean to Caribbean f about 2,600 linear feet of street and replacement with a new 40- eet containing concrete curbs and gutters, walks and bikepath, rfacing, the removal and replacement of an existing timber and R/C the removal of existing sanita~ sewer mains and laterals and replacement with about 2,400 linear ~ eet of new 10-inch PVC mains and laterals, the construction of a n.ew 127nch sanita, ry.sewer force mair~, the construction of new inlets and about 2,600 linear feet of storm pipes, me remova~ or existing water I~lterals and replacement thereof, about 2,400 linear feet of new 12- inch PVC sanitary sewer force main ~utside the above described street limits and improvements to the Riviera Lift Station with associated electrical, valving and piping improvements and temporary pumping plant bypass improvements and otheriwork as shown in the plans and specifications required to complete the project, in accordance with the plbns, specifications, and contract documents. Limits of the work will be as follows: · Laguna Shores Road from Mediterranean to Caribbean Funds to finance the proposed project are available in the Utilities Commercial Paper Program. Pdor to this headng, I had an estimate of project costs prepared, and it compared favorably with the bids received. In my opinion, the costs are true and accurate. This project is estimated to start in November 2003 with completion in February 2005. .~eV~. Escobar, P.E. Director of Engineering Services GEORGE IN PARASKEVAS REALTORS September 8, 2003 City of Corpus Christi Engineo-ing Division Manuel Monrenl Management Assistant P O Box 9277 Corpus Christi, Texas 78469-9277 PRELIMINARY ASSE FROM MEDITERRANEAN TO CA] ;SMENT ROLL, LAOUNA SHORES ROAD IMPORVEMENTS 'd[BBEA]q (Project No. 6138). 1 am a State Certified Residential appraiser and gticing real estate in the Corpus Christi area since 1971. I have rcial and residential properties, and I am familiar with the real My name is George N Paraskevas an¢ have been evaluating property and pr estate market in Corpus Christi. I am f~niliar with the Laguna Shot4 Rend Improvements. 1 agree with Mr, Angel R. Escobar description of the conditions te be changed and I am familiar with the hnprovements to be made by the City of Corpus Christi. t roll; and personally examined each of the 81 parcels of land ~el will be specifically benefited by each improvement to be assessed tunity benefit. such parcel will be specially enhanced by such improvement at tated. I have reviewed the project assessm~ therein. In my opinion each such pm against it; without regard to the con~ In addition, it is my opinion that eac~ Least to the extent of the asseesment: Thank you, George N Paraskevas Appraiser OFF'ICg (~1) 992-2541 FAX (361) 992-2542 geopam@ccbor, org www. georgeparaskevas.com Preliminary Assessment Roll Laguna Shdres Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 ~"~' ' 5~':<'~z['[['['~ "[?[i""i''''''''''"'''''>'<'>''' [ [>'~ ?'?'+i ...........................................~:':<'":':'~'::':'>:':':'>:~:"~:':?:'>:<':':':' ':~' re~ Beffin Laguna Shores Rd. - Southeast Side Fr~ Medite~nean Dr. to Caribbean Dr. Exhibit "B" Page 1 of 17 Preliminary Assessment Roll Laguna Sho~les Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 $2,335.~ L~ ~, Bilk 2 323.~ sf ~ I - 29.8 a. DHve~y - Front ~ $5.40 ~r fl. = $1,7~.20 Page 2 of 17 Preliminary Assessment Roll Laguna Sheres Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6t58 Page 3 of 17 Preliminary Assessment Roll Laguna Shqres Road. Mediterranean Dr. to Caribbean Dr. City Project No, 6158 Page 4 of 17 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 $3,~00.~ Page 5 of 17 Preliminary Assessment Roll Laguna Shor~s Road - Mediterranean Dr. to Caribbean Dr. City Project No, 6158 Page 6 of 17 Preliminary Assessment Ro# Laguna ShOres Road - Mediterranean Dr. to Caribbean Dr, City Project No. 6158 30 Evans, John ASR ET UX 50.00 It. Curb, Gulter and Pavement - Front ~ $9.75 per It. = .$487.5( 3526 Ro~edov~ Drive 0.00 It. Curb, C-ulter and Pavement - Side I~ $4.88 per It. = $0.(X COrpus Christi, TX 78418 160.00 st. 4 fi. Wide $ide~elk * Front I~ $1.00 per It. = $160.0( 3137 Laguna Shores Rd. 0.00 It. 4 It. V~:le Sidewalk - Side ~ $0.~0 per It = $0.0( Lot 31, Block 1 125.00 st 1-10 fi. Ddveway - Front ~ $5.40 per fi. = $675.5( Tropic Isles 0.00 sf No Second Driveway ~l $5.40 per Il. 3846-0001-0310 0.00 It No Extras I~l $0.00 per It. = $0,0( 0.00 I1 No Exh-as ~ $0.00 per Il. -- $0.0( Curb, Gufler and Pavement - Front $1.322.50 31 Hamilton, La~ James 50.00 It, ~ $9.75 per It. = $487.5( 3183 Laguna Shores Rd. 0.00 Il. . - ¢~ $0.50 per fl. = Lot 3Il, Block 1 175.00 sf I * 15 fl,Driveway - Front ~ $5.40 per Il. = $945.0( Tropic Isles 0.00 sf No Second Drive~y ~ $5.40 per Il. = $0.0( 32 Jones, Kenneth K. and 50.00 Il. I, ~ _ Curb (Suffer and Pavemen{ Front ¢~ $9.75 per Il. = $487.SC 12ellrIda .~nes H/re 0.00 Il. ' Curb, Gutter and Pavement - Side ~ $4.88 per It. = $0.0( 3129 Laguna Shores Rd. 114.00 st. 4 fl. Wide S idewralk - Fronl ¢~ $1.00 per It. = $114.0( CorpusChdstI. TX7841fi[ 0.00 Il. 4 fit, V~,qde Sidewalk - Side ¢~ $0.50 peril. = $0.OC Lot 29, Block I 0.00 sf I No Second Driveway ¢~ $5.40 per fi. = $0.0~ Tropic Isles 0.00 It. ! No Extras ~ $0.00 per Il. = $0.0~ 8846-0001-0290 0.00 ff. No Extras ~ $0,00 per fi. = $o.0~ $1,897.50 Curb Gutter and Pavement Front ~ $9,75 per Il. = $487.5(~ 33 Kvlfi[em, Glenn $. ET UX 50.00 Il. , - ~eborahA. Kw~em 116.00 st. ! 4fi[,W'ideSidewalk-Fronl ~ $1.00 peril. = $116.0~ 3125 Laguna Shores Rd. 0.00 Il i 4 fl. Wxte Side,*~lk - Side ~ $0.50 per Il. = $0.0~ 3126 Laguna Shores Rd. 0.00 st i Nu ~ w~S ndDdve y ~ $5.40 peril[. = $0.0~ Lot 2Il, Block 1 0.00 fl. No Extras ~ $0.00 per It. = $0.0~ Tropic Isles 0.00 fi[. ! No Exlms ¢~ $0.00 per Il. = $0.0~ 8846'-0001-0280 i [ $1,872.50 34 Stewart, Attie ET UX 50.00 It. Curb, Gutter and Pavement - Frorr~ ~t $9.75 per It. -- $487.50 3121 Laguna Shotes Rd. 132.00 st. 4 fl. Wide Sidewalk - Front ~ $1.00 per lt. = $132.00 CorpusChd.~tI, TX78418 0.00 Il. 4 Il. Wxte Sidewalk - Side ~ $0.50 peril[. = 312t Lagur~a Shores Rd. 195.00 sf 1 - 17 It. Ddveway - Front I~ $5.40 per It. = $1,053.(]0 Lot 27, Block 1 0.00 sf No Second Driveway @ $5,40 per It. = $0,0{~ Tropic Isles 0.00 It. No Extras @ $0.00 per It. = $0.0~ 8846-000t-0270 0.00 fi. No Extras ¢~ $0.00 per fl. = $0.0~ $1,672.50 Page 7 of 17 Prelimina~ Assessment Roll Laguna Sholles Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 End I aguna Shores Rd. - SouthEa~ Side From Med~erranean Dr. to Caribbean Dr. Page 8 of 17 Preliminary Assessment Roll Laguna ShOres Road. Mediterranean Or. to Caribbean Or. City Project No. 6158 Begin Laguna Shores Rd. - Northwest Side Fr(~m Mediterranean Dr. to Caribbean Dr. ~eoqTe J. McQuade 0.00 8 Curb, Gutter and Pavement - Side ~ $4~88 per it. = 505 Caribbean Dc 19.44 st. 4 fl. Wide Sidewalk - F¢onl ~ $1.00 per It. = $19.44 Ccrpu$Chr/s~l, TX784t6 0.(30 6. 41~,WideSidewalk~Side ~ $0.50 petS. = $0.0C Z06 Mediterranean Dr. 0.00 st No Driveway ~ $5.40 per 8. = $0.0C .ot 23, Block 3 0.00 st No Second Driveway ~ $5.40 per fl. = $0.0C rrol~c Isles 0.00 fl. NO Extras ~ $0.00 per fl. = $0,0~ ~846.0003.0230 0.00 fl. No Extras ~ $0.00 per fl. = $0.0~ $66.83 40 Go&well, Gaffe6 H~ ET UX 150.12 8. Curb, Gufler and Pavement - Fronl ~ $9.75 per fl. = $1.463.67 Lenora t~ 0.00 fl. Curb, Gutter and Pavement - Side ~ $4.88 per fl. = $0.0C 3442 Laguna Shores Rd. 524.48 st. 4 8. Wide Sidewalk - Front ~ $1.00 per it, = $524.48 Corpus ChrlsE, TX 78418 O.OO 8. 4 fl. ~.'3de Sidewalk - Side ~ $0.50 per it. = $0.(X; $442 Laguna Shores Rd. 215.00 st 1 - 19 8. Drivew'~y - Fronl ~ $5.40 per 8. = $1,161 Lo~ 22, Block 3 0.00 si~ No Second Driveway (~ $5.40 per ft. = tropic Isles 0.00 8. No Extras ~ $0.00 per fl. = )846-0003-0220 0.00 fl No Extras ~ $0.00 per ft. = $3,149.15 41 Clary, Da~fd L. J~ ET UXLoy 62.75 fl. Curb, Guiter and Pavement - Front ~ $9.75 per fl. = $611.81 3434 Laguna Shores Rd. 0.00 fl.[ Curb, Gutter and Pavemen~ - Side ~ $4.88 per it. = CorpusCh~sS, T~78418 189.00 st. I 48, Wide Sidewalk - Front ~ $1.00 perit. = $159.0~ 3434 Laguna Shores Rd. 0.00 8ii 4 fl. Wide Sidewark - Side ~ $0.50 per It. -- LOt 21, BloCk 3 255.00sf I 1-23fi. Driveway-Front ~ $8.40 petit. = $1,377.0C tropic Isles 0.00 sf No Second Driveway ~ $5.40 per fl. = E;846.0003.0210 0.00 fl. No Extras I~ $0.00 per it. = $0.0C Su.~an i~V 0.00 fl Curb, Gutter and Pavement + Side ~ $4.88 per It. = $0.0~ ~655 Cedar Bluff~ 148.00 st. 4 8. Wide Sidewalk - Front ~ $1.00 per It. = $148.0~ CotopaxJ, CO, 81223 0.00 8. ! 4 it. Wide Sidewalk - Side ~ $0.50 per it. = $0.0~ 3430 Laguna Shores Rd. 155.00 sf 1 - 13 fl. Ddveway - Fronl ~ $5.40 per fl. = $837.0(3 Lot20, Bloch3 O.OOsf I No Second Driveway ~ $5.40 perit. = $0.0~ B846-0003.0200 0.00 it. NoExtras ~ $0.00 peril. = $0.0(3 43 We/ss, Jerry M. ET UX 50.00 fl. ~ Curb, Gutter and Pavemen - Fron ~ $9.75 per it. = $487,5(3 PhyfllsL. Wel~ 0.00it Curb, Guiter and Pavement S~de @ $4.88 peril. = $0.0(~ 3426 Laguna Shores Rd. 116.00 st, ' 4 it Wide Sidewalk - Fronl @ $1.00 per fl. = $116.0a Corpus Chdsti, TX 78418 0.00 fl. 4 it. Wide Sidewalk - Side @ $0.50 per It. = $0.0a 3426 Laguna Shores Rd. 235.00 sf I 21 fi. Driveway - Front @ $5.40 per it. = $1,26g.00 Lot 19, Block 3 0.00 sf No Second Driveway {~ $5.40 per It. = $0.00 Tropic Isles 0.00 fl. No Extras ¢~ $0.00 per It. -- $0.00 8846-0003-0190 0.00 it. No Extras ~ $0.00 per It, -- $0.00 $1,872.50 Page 9 of 17 Preliminary Assessment Roll Laguna Sho~'es Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 44 Story, R~chaf¢l L. ET U-~' 50.00 8. Curb, Gutter and Pavement * Front ~ $9.75 per 8. = $487 Maria L. Story O.CO 8. Curb, GuSer and Pavement - Side ~ $4.88 per It. = $0.0~ 3422 Laguna Shores Rd 116.CO st. ~ 4 It. VV'ide Sidewalk * Front ~1 $1.00 per fl. = $116.0~ corpu= Chr~ti, TX 78418 0.00 fi, 4 It. Wide Sidewalk - Side ~ $0.50 per fi. = SO.CO 3422 Laguna Shores Rd. 235.00 sf - 21 8. Ddve~ay - Fml ~ $5.40 per fl = $1,269.0~ LOt 18, Block 3 0.00 st No Second Drive*~ay ~ $5.40 per fl. = $0.00 Tropic Isles 0.00 fl No Extras ~ $0.00 per fl. = $0.00 8846-0003-0180 0.00 fl No Extras ~ SO.CO per It. = $0.00 $1,872.50 45 El#orr, Car~l Anne 50.00 8 Curb, Guiter and Pavemenl - Front ~ $9.75 per 8. = $487.50 3418 Laguna Shores Rd. 0.00 fl Curb, GuSer and Pavernenl - Side {~ $4.88 per 8. = SO.CO Co~usChd~,TX78418 120.00 st. 4 It. VV'~Ie Sidewalk - Front ~ $1.00 peril. = $120.CO 3418 Laguna Shores Rd. O,00 fl. 4 fl. Wide Sidewalk - Side (~ $0.50 per It. = $0.0~ LOt 17, Block 3 225.00 sf I - 20 It. Driveway - Front ~ $5.40 per fl. = $1,215.CO Tropic isles 0.00 sf No second Driveway ~ $5.40 per It. = SO.CO 8846-0003-~170 0.00 fl. NoExtras {~ $0.00 petIt. = $0.0~ 0.00 fl No Ex~ras ~ $0.00 per It. = $0.0~ $1,822.50 46 Hadan, James E J~ ET UX 50.00 8 Curb, Gutter and Pavement Fronl ~ $9.75 per fl. -- $487.5(~ 108 Grapeland Ave. 0.00 8 Curb, GuSer and Pavemenl - Side ~ $4.88 per ft. = ~an Antonio. TX 78214 104.00 st. 4 8. v'~ride Sidewalk - Front ~ $1 .CO per 8. = $104.0(~ ~414 Laguna Shores Rd. 0.CO 8. 4 It. Wide Sidewalk - Side {~ $0.50 per It. = $0.0~ .ot 16, Block 3 265.CO sf I - 24 It. Ddvev~y - Fronl ~ $5.40 per 8. = $1,431 rroplc isles 0.CO sf No Second Driveway @ $5.40 per fl. = SO.CO ~846-~003-0160 0.00 It. No Extras ~ $0.00 per fl. = $0.0~ 0.00 ~ No Eidras ~ $0.00 per It. = $0.0G $2,022.50 47 ~tdnger, Ron E. ET UX 50.00 fl. Curb, Gutter and Pavement - Fm~t ~ $9.75 per 8. = $487.5(3 ~ynda G Stlfnger 0.00 fi. Curb, Gutter and Pavement - Side {~ $4.88 per fi. = $0.0~ ~410 Laguna Shores Ro~ 1 CO.00 sf 4 fl. Wide Sidewalk Front ~ $1 .CO per 8. = $100.CO ~orpus Christi, TX 78418 0.00 It. 4 fl Wide Side'e~a/k - Side ~ $0.50 per fl = $0.0(~ ~410 Lag~J~a Shores Rd. 275.00 sf 1 - 25 fl. Ddveway - Fmrri ~ $5.40 per 8. = $1,485.CO Lot 16, Block 3 0,00 sf No Second Driveway ~ $5.40 per fl. -- SO.CO Tropic Isles 0.00 fl. No Extras @ SO.CO per fl. = SO.CO ~846-e003-~180 0.00 fl. I No Extras ~ SO.CO per fl. = $0.0~ i $2,072.50 48 Canfleid, Rot]aid H/ayne 50.00 fl. i Curb, Gutter and Pavement - Front {~ $9.75 per fi. --- $487.5~ 3406 Laguna Shores Rd, 0.00 8, ', Curb, Gutte~ and Pavement - Side ~) $4.88 per fl. = $0.0(3 Corpus Chr~s~, TX 78418 102.00 st. i 4 ~. Wide Sidewa k - Front @ $1.00 per fi. = $102.0(3 3406 Laguna Shores Rd. 0.00 fl 4 ~. Wide Sidewalk - Back ~ $0.50 per fl. = $0.0~ Lot 14, Block 3 270.00 sf i 1 - 24.5 fi. Ddveway - Front ~ $5.40 per It. = $1,458.0~ Tropic isles 0.CO st No Second Driveway ~ $5.40 per 8. = $0.0(~ ~846.4)003-~140 0.00 ~. ~ No Exlr~s ~ $0.00 per fl. = $0.0~ 0.00 It. No Extras {~ SO.CO per It. = $0.00 $2,047.50 Page 10 of 17 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 49 Ho#an, Fredrfck Paul & 50.00 It, Curb. Gufler and Pavement - Front ~ $9.75 per It. = $487.5( 4.~ce 0.00 fi, Curb, Guitar and Paven~ot - Side ~ $4.88 per It. = $0.0( 3402 Laguna Shotes Rd. 76.00 si. 4 It. Wide Sidewalk - Front ~ $1.00 per It. = $76.0( Corpus Christi, TX 76412 0.00 fi. 4 fl Wide Sidewalk - Back ~ $0.50 per fi, = $0.0( 3402 Laguna Shores Rd. 335.00 sf i I 31 It. O~veway - Fmnl ~ $5.40 per fi. = $1,809.00 Lo{ 13, Block 3 0.00 sf No Second Driveway ~ $5.40 per It. = $0.00 Tropiclsles 0.00 It. No Extras ~ $0.00 per It. = $0.00 8846-0003-0130 0.00 It, No Extras ¢~ $0.00 per It. = $0.00 $2.372.50 50 Shoopman, YRIburn R. 50.00 It ~ Curb. Guitar and Pavement - Fmnl ~ $9.75 per It. = $487.50 3346 Laguna Shores Rd. 0.00 It. I Curb, Guitar and Pavement - Side ~ $4.88 per It. = $0.00 Corpus Chdst~, TX 78418 160.00 st. ; 4 It. W~de Sidewalk - Front ~ $1.00 per It. = $160.00 3346 Laguna Shores Rd. 0.00 fL : 4 fl. Wide Sidewalk - Back ~ $0.50 per It, = $0.00 Lot 12, Block 3 125.00 sf I - 10 lt. Ddveway - Front ~ $5.40 per It. = $675.00 Tropic Isles 0.00 sf ! No Second Drive'~ay ¢~ $5.40 per It. = $0.00 8846-0003-0120 0.00 fi I No Extras ~ $0,00 per It. = $0.00 0,CO It, ~ NoExtras ~ $0.00 perit. -- $0.00 $1.322.50 51 Nix. Ralph 50.00 It ! Curb, Gu8er and Pavemeot - Front ~ $9.75 per It. = $487.50 3342 Laguna 3hores Rd. 0.00 It. [ Curb, Gufler and Pavement - Side {~ $4.88 per It = $0.00 Corpus Chflstl, TX 78418 148.00 st, 4 ft Wide Sidewalk Front (~ $1.00 per fi. = $148.00 3342 Laguna Shores Rd. 0.00 fi. 4 ft. Wide Sidewalk - Back ¢~ $0.50 per It. = $0.00 Lot 11, Block 3 155,00 sf 1 - 13 It. D~veway - Front ~ $5.40 per It. = $837.00 Tropic Isles 0.00 st No Second Driveway ~ $5.40 per It. = $0.00 8846-0003-0110 0.00 ft. No Extras ~ $0.00 per It. = $0.00 0.00 It. No Extras ~ $0.00 per It. = $0.00 $1,472.50 52 Edwards, Freddie Joe & 50.00 It Curb, Guitar and Pavement - Front ~ $9.75 per It. = $487.50 'rna Jean Edwards 0.00 It. Curb, Guitar and Pavement Side I~ $4.88 per It. = $0.00 14493 $ Padre Island Dr: fi,4 200C0 sf 4 It. VV'xte Sidewalk - Front ~ $1,00 per fl. = $200.00 Co/pus Chtfs~, TX 78418-5940 0.00 It. 4 8. VV'~e Sidewalk - Back ~ $0.50 per It. = $0.00 t338 Laguna Shores Rd. 0.00 sf No Driveway ~ $5.40 per It. = $0.00 Lot t0, Block 3 0.00 sf No Second Driveway ~ $5.40 per fl, = $0.00 tropic Isles 0.00 It. No Extras ~ $0.00 per It. = $0.00 ~846-0003-0100 0.00 It. No Extras @ $0.00 per It. = $0,00 $687.50 44935PadrelslandD~#A 200.00 sf 4 It. W~le Sidewalk - Front @ $1.00 peril. = $200.00 3334 Laguna Shores Rd. 0.00 si No Driveway @ $5.40 per It, = $0.0~ Lot 9, Block 3 0.00 sf No Second Driveway ~ $5.40 per It. = $0.0~ 3846-0003-0090 0.00 fl No Extras @ $0.00 per It. = $0.00 $687.50 Page 11 of 17 Preliminary Assessment Roll Laguna Shores Road - Med[~erranean Dr. to Caribbean Dr. City Project No. 6158 $3,355.63 $1,799.38 56 Horns, John B. 50~ fl 3urb, GuUer and Pave~nt - Fronl ~ $9.75 per ff. = $487.5~ 3310 Laguna Shores Rd. 0.~ fl Curb, Gu~er a,d Pave~nt - Side ~ $4.88 per fl. = $0.0( 3306 Laguna Shores Rd 0.00 fl. : Cu b, Gufler and Pave~nt - S~e ~ $4.88 ~r fl. = $0.~ 0.00 fl. NoE~ras ~ $0.~ peril. = Page 12 of 17 preliminary Assessment Roll Laguna Shdres Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 3234 Lagurla Shores Rd. 0.00 ~. 41~. Wide Sidewalk - Side @ $0.50 per fl. = $0.0~ Page 13 of 17 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 Page 14 of 17 Preliminary Assessment Rotl Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6158 i $1,792.50 $1,407.50 3~46 Laguna Shores Rd. 0+00 ff Curb, Gutter and Pavemen{ - S~e ~ $4,~ per fl. = $0.00 $687.50 3142 Laguna Shores Rd, 0.~ sf No Drive~y ~ $5+40 per fl. = $0.~ Tropic Isles 0.00 fl. No E~ras ~ $0.00 per fl. = $0.Og Page 15 of 17 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Dr. City Project No. 6156 $1,622.50 $1,677.50 78 fl 3122 Laguna Sho~s Rd. 0.00 fl. ~Curb, G~er and Pavement - Side ~ $4.88 per fl. Lot 19, Bilk 4 213.~ sf 1 - 18.8 fl. Dfive~y- Front ~ $5.40 peril. = $1,150.20 Tropic Isles 0.~sf No Se~nd Drive~y ~ $5.40 ~rfl. = ~.~ 0~ fl. No E~ms ~ $0.00 ~r ~. = Page 16 of 17 Preliminary Assessment Roll Laguna Shores Road - Mediterranean Dr. to Caribbean Or. City Project No. 6158 3118 Lagu~ Shores Rd. 25300 sf [1 - 22.8 fl Odve~y - Front ~ $5.40 ~r fi. = $1,366.2( $633.7~ 3114 Laguna Shores Rd. 000 fl. Curb, Gufler and Pave~nl - S~e $1,853.75 ~106 Laguna Shom~ Rd. 0.00 fl. Curb, Gu tier and Pave~nl - Side ~ $4.88 per fl. = $0.~ End Laguna Shores Rd. - No~hwest Side Fro~ Medfferranean Dr. to Caribbean Total of all Assessmenl Roll $t46,963.49 Page 17 of 17 22 CITY COUNCIL AGENDA MEMORANDUM September 30, 2003 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to execute a subrecipient agreement and accept a State Homeland Security Grant from the Texas Engineering Extension Service in the Amount of $2,026,402 for purchase of specialized equipment under the State Domestic Preparedness Equipment Program. ISSUE: The recent events of 911 has brought fourth concerns over our security as a nation and our ability to respond effectively to a terrorist attack using weapons of mass destruction. In order to improve our ability to respond to potential terrorist use of these weapons, the State Homeland Security Grant Program will provide funds to purchase specialized equipment. A risk analysis has been performed to identify potential targets or areas of concern within the city. An analysis of our response capabilities was assessed and equipment needs identified. This grant will help us purchase specialized equipment. No funds will be appropriated since funding will remain at the state level and pumhases will be made "online" via a secured website. Appropriate amounts will be deducted from our overall award of $2,026,402. REQUIRED COUNCIL ACTIONS: Council approval is required to authorize the City Manager to execute a subrecipient agreement and accept the grant. RECOMMENDATION: Staff recommends approving resolution to execute a subrecipient agreement and accept a State Homeland Security Grant in the amount of $2,026,402. ADDITIONAL SUPPORT M~TERIAL 1. Resolution RESOLUTION AUTHORIZING THE CI DESIGNEE, TO EXEC ACCEPT A STATE H TEXAS ENGINEERING $2,026,402 FOR PURCl THE STATE DOMESTIC NOW, THEREFORE, BE IT RE~ CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager execute a subrecipient agreeme the Texas Engineering Extensio specialized equipment under th( The grant program authorizes e: Domestic Preparedness Equiprr Domestic Preparedness Equiprr State Domestic Preparedness E the Coastal Bend Council of Go~ authorized by the Coastal Bend TY MANAGER, OR THE CITY MANAGER'S JTE A SUBRECIPIENT AGREEMENT AND OMELAND SECURITY GRANT FROM THE EXTENSION SERVICE IN THE AMOUNT OF IASE OF SPECIALIZED EQUIPMENT UNDER PREPAREDNESS EQUIPMENT PROGRAM ;OLVED BY THE CITY COUNCIL OF THE CITY OF or the City Manager's designee, is authorized to ~ts and accept State Homeland Security grants from ~ Service in the amount of $2,026,402 for purchase of State Domestic Preparedness Equipment Program. :penditures of $186,337 from the FY 2002 State ent Program, $1,313,663 from the FY 2003 State ent Program, and $ 526,402 from the FY 2003 Phase II :luipment Program. $60,505 is reserved for the use of 'ernments under the regional funding allocation ,Council of Governments. SECTION 2. The City ManagerI or the City Manager's designee, may reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 19th day of September, 2003. Acting City Attorney Samuel L. Neal, Jr. Mayor R31115A2.doc 23 CITY COUNCIL A ENDA MEMORANDUM City Council Action Date: September 30, 2003 AGENDA ITEM: A. Motion authorizing the City Manager to execute an agreement with RSR Sports, Inc., relating to the location and operation of a minor league baseball team in the City. B. Motion authorizing the City Mar~ager to execute a memorandum of agreement with the Corpus Christ Business & Job Devfflopment Corporation relating to the funding of expenses related to the construction of a baseball stadium. ISSUE: On November 5, 2002, the voters a@proved the implementation of a 4A Sales Tax which a portion of the funds to be used for constructi~bn of a baseball stadium in the Port area. The City of Corpus Christi and Port of Corpus Christi A~thodty have been working with RSR Sports on the location of a major league affiliated, minor leagu~ team in Corpus Christi as the tenant/lessee of the facility. It is our understanding that RSR is clos~ to finalizing the necessary team acquisition. It is the desire of all parties to complete this project sethat the team can commence operations in the new stadium for the 2005 season (Apdl 1, 2005). The non-binding Memorandum of Understanding (MOU) spells out the basic agreements necessary for the drafting of a final and finding lease. The basic provisions include a term of 15 years with two options of 5 years each. The site iS a 12.4 acre tract in the Port area to be purchased by the City from the Port of Corpus Christi Authority. The base site will provide room for the stadium and staff and suite parking (300 spaces). The Port will provide adjacent parking of 1500 spaces at no cost the project or RSR via sublease. RSR will provide day-to-day operations and maintenance; the City will construct the stadium. Major relpair will be funded from a reserve created from bond proceeds and replenished from supplemental rents paid by RSR. Base rents will be: Years 1-5 $50,000 Years 6-10 $60,000 Years 11-15 $70,000 FUNDING: Financial Impact: The overall project budget is $21.5 Million. Land will be purchased from the Port by separate agreement. The full cost of the project will be paid from the 1/8 cent Sales Tax authorized on November 5, 2005. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion authorizing execution of the MOU. It is expected that the final lease documents will be cempleted and adopted by December 31, 2003. The final documentation for this item will be made available and distributed to City Council by Tuesday, September 30, 2003.