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HomeMy WebLinkAboutAgenda Packet City Council - 10/28/2003CITY COUNCIL AGENDA OCTOBER 28, 2003 X11 1:45 P.M. - Proclamation declaring October 28, 2003 as "David Casteel Day" Proclamation declaring October 27 - 31, 2003 as "Equal Opportunity Week" Proclamation declaring October 30, 2003 as "Weatherization Day 2003" Proclamation declaring November 6 - 8, 2003 as "The Edgeworks 2003 International Short Film Festival Days" Proclamation declaring November 7 - 8, 2003 as "Toastmasters Days" Proclamation declaring November 8, 2003 as "Arbor Day" Human Relations Commission - 40" Anniversary Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 28, 2003 1:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dingirse al Concilio y cree qua su inglds as limifado, habri un intdrprete inglds-espar'iol an todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's once (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Napoleon Johnson, Faith Mission Outreach. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Brent Chesney Council Members: Melody Cooper 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 October 28, 2003 Page 2 E. MINUTES: Approval of Regular Meeting of October 21, 2003. (Attachment # 1 ) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; ormay 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. H. SPECIAL DISCUSSION: Storm Water Capital Projects Funding Options (Attachment # 2) CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material 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 after 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) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 28, 2003 Page 3 3. Motion appointing Melody Cooper to the Corpus Christi Reinvestment Zone Number Two Board of Directors and reappointing the current members all to a term ending November 1, 2005. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a construction contract with Ray's Welding Service, of Corpus Christi, Texas in the amount of $84,991.35 for the Renovation/Development of Existing Parks, Phase 2: Los Encinos Park, Oak Park, Surfside Park, and West Guth Park. (BOND ISSUE 2000) (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute a consultant contract with Coym, Rehmet and Gutierrez Engineering, of Corpus Christi, Texas for an amount not to exceed $138,990 for the Wastewater Lift Station located at Cimarron and Yorktown. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a geotechnical investigation contract with Kleinfelder, of Corpus Christi, Texas in an amount not to exceed $33,400 for the Professional Minor League Baseball Stadium. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute Change Order No. 12 (Entrance Roadway) with Bay, Ltd., of Corpus Christi, Texas in the amount of $823,964.21 for the Corpus Christi International Airport Roadway and Parking Lot Improvements Phase 2. (Attachment # 7) 8. Ordinance authorizing the City Manager or his designee to execute a lease agreement with Ability House, Ltd. doing business as Lighting Connect, of Corpus Christi, Texas for the operation of wireless internet services at the Corpus Christi International Airport at no charge to the City of Corpus Christi or those who utilize the wireless internet service, for a period not to exceed one year, with the option to extend for four additional one year terms. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 28, 2003 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9. Second 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. (First Reading - 09/30/03) (Attachment # 9) 10. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a lease agreement with the United States through its General Services Administration forthe 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. (First Reading - 09/30/03) (Attachment # 10) J. PUBLIC HEARINGS: (2:00 P.M.) ZONING CASES: 11. Case No. 0903-02, Mircea Moody: A change of zoning from a "R-1 B" One -Family Dwelling District to an "AT" Apartment Tourist District on Padre Island - Corpus Christi, Section E, Block 2, Lots 6,7,8, and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. (Attachment # 11) Planning Commission and Staffs Recommendation: Approval of an "AT" Apartment Tourist District. ORDINANCE Amending the Zoning Ordinance upon application by Mircea Moody by changing the zoning map in reference to Section E, Block 2, Lots 6,7,8, and 9, Padre Island - Corpus Christi from "R- 113" One -Family Dwelling District to "AT" Apartment Tourist District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Agenda Regular Council Meeting October 28, 2003 Page 5 12. Case No. 0903-03. South-Vest. Inc.: A change of zoning from an "A-1" Apartment House District to a "R-1 C" One-Family Dwelling District on Gugenheirn and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located west of Cliff Maus Drive and 350 feet south of Rockford Drive. (Attachment # 12) Plannina Commission and Staff's Recommendation: Approval of the "R-1C. One-Family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by South-Vest, Inc. by changing the zoning map in reference to Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, from "A- 1" Apartment House District to "R-1C. One-Family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 13. Case No. 0903-04C. City of Corpus Christi: A change of zoning from an "1-2" Light Industrial Districtto an "A-2" Apartment House District on Meadow Park Subdivision, Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. (Attachment # 13) Plannina Commission and Staff's Recommendation: Approval of the "A-2" Apartment House District. ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to Meadow Park Subdivision, Block 3, Lots 19 and 20, from "1-2" Light Industrial District to "A-2" Apartment House District; and arnending the comprehensive plan to account for any deviations from the existing comprehensive plan. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 14. Juvenile Assessment Center, FY 2003 Annual Report and Funding Update (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 28, 2003 Page 6 L. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 15. Consideration of an appeal filed by Joe McComb regarding Plat No. C0903100-NP44, Los Encinos Industrial Sites, Block 1, Lot 1 (Final - 3.543 acres), located at the southwest corner of Greenwood Drive and Holly Road. (Attachment # 15) 16.a. Ordinance appropriating $546,500 in unappropriated interest from the Water Capital Improvement Projects Fund No. 4082 (1995 Revenue Bond) for the design, implementation, and evaluation of an Automated Meter ReadinglWireless Broadband Network Pilot Project for the Water and Gas Services Departments; and amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $546,500. (Attachment # 16) 16.b. Motion authorizing the City Manager or his designee to execute a contract with PTI/RAM Technologies, of Washington, D.C. in the amount of $1,093,000 to provide consulting services for the design, implementation, and evaluation of an Automated Meter ReadinglWireless Broadband Network Pilot Project. (Attachment # 16) 17.a. Resolution authorizing the City Manageror his designee to accept a Regional Facility Planning Grant in the amount of $500,000 and execute a contract with the Texas Water Development Board for the development of a Regional Facility Plan for the Planning Area, including a Large-Scale Seawater Desalination Demonstration Project in Corpus Christi. (Attachment # 17) 17.b. Ordinance appropriating $500,000 from the Texas Water Development Board in the No.1 052 Water Grant Fund to develop a Regional Facility Plan for the Planning Area, including a Large- Scale Seawater Desalination Demonstration Project. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 28, 2003 Page 7 18. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an engineering services contract with Turner, Collie & Braden, Inc., of Houston, Texas in an amount not to exceed $500,000 for a Regional Water Facility Plan, including a Large-Scale Seawater Desalination Demonstration Project (Barney Davis Demonstration Desalination Plant). (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Motion authorizing the City Manager or his designee to execute ~. an engineering services contract with Freese and Nichols, Inc., of . Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. (Attachment # 19) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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. "you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a lajunta y cree que su ingles es limitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting October 28, 2003 Page 8 N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment 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. 20. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et ai, No. 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. O. 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 concems; current topics raised by media; follow-up on Staff assignments; scheduling offuture Council meetings and activities; and other brief discussions regarding city-related matters. 21. CITY MANAGER'S REPORT * Upcoming Items 22. MAYOR'S UPDATE 23. COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 28, 2003 Page 9 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entranc~ to City Hall, 1201 Leopard Street, at .;l: 00 p.m.,Qr..m10.ev d 2003. (kMOJ,fLo ~p4 J Armando Chapa M../ City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) . ~ [i ,- 6 (() Ii! 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 1I!t II rill ~.,'~,:, :> .tv ~ M Long-Term Revenue Picture Bond 2004 Downtown Revitalization Skate Park Storm Water Drainage District 18 WIiJ III [..~......... ':. ',' ,'< II.."." . .1:: == ADA Compliance Park Master Plan Communication with Other Taxing Entities Review of Sexually Oriented Businesses Ordinance Call Center I NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority areas: o Desalination Pilot Project lJ *Code Enforcement in Trashy Neighborhoods A *Employee Classification Study ~ .. Ma ster Drainage Plan Garwood Water ~ *NewGolfCourse m s ;:- [IJ ~ ~ *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources I Plan for Inner City Improvements . Improve Permitting Process (online I customer service) . Padre Island Development Plan ~ 1;1 Downtown I South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis I Process (older neighborhoods, working class neighborhoods) r= uRoad Projects I Southside Traffic Plan 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES . CONTINUING PRIORITY ISSUES Nmort I Seawall I Conv,,!ntion Center I Arena . Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements . Update status on Senior Centers. . Provide communication on completion of these projects (e.g. "Report to the Community"). . Continue community involvement on issues such as Leopard Street improvements. Privatization I Re-Ensrlqeerin2 . Clearly define "privatization" 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 privatized. . Continue focus on park maintenance. Finance . Maintain the 5-year forecast model. . Review the August 1 budget adoption deadline. Crime Control and Prevention . Continue implementation of the Community Policing initiative. . Establish date for Crime Control and Prevention District election. . Continue City participation in Youth Opportunities United and other youth crime initiatives, Emolovee Health Care . 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 Economic pevelooment Sales Tax . Establish election date. Storm Water Utilib' . Reconsider implementation plan for a Stonn Water Utility. Paekerv Channel . Continue quarterly reports on the progress of the T1F and Beach Restoration Project. Landfdl . Continue to evaluate the efficiency and effectiveness of operations. . Examine alternatives for solid waste management system, including privatization. Internet . Continue regular updates and expansion of the City's web site, including individual council member web pages. . Establish target date for online pennitting process. . Communicate brush pickup via e-mail. CDDG . Continue active role. Frost Dank Duildin!! . Lease and complete renovation Annexation Plan . Implement current island annexation plan ADA Transition Plan . Develop and approve ADA Transition Plan within 90 days. Redlstrietin!! . Develop Council-approved redistricting plan for the City of Corpus Christi Industrial Distriet Contraet . Review Industrial District contracts and detennine date for approval Couneil Aetion Items . Staff completes action requests in a timely manner. ptv I Countv Health Issues . Continue discussions with County to detennine structure and process for the most effective and efficient delivery of health services Marketgt!! of CC Museum aDd Columbus Shius . 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 Market (studies, plans) *Solid waste I Pickup Base Closures "Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effiuent Plan for Leopard Medians RTA-Public Improvements Arts and Sciences Park Plan Budget Item .. Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 21, 2003 - 2: 10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Brent Chesney Council Members: Javier D. Colmenero Melody Cooper (Arrived at 6:30 p.m.) 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 ABSENT Acting City Attorney Jay Reining Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Neal and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 14, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-18). Council members requested that Item 5 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through 18, constituting the consent agenda, except for Item 5, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 025525 Ordinance appropriating $7,500 from the Corpus Christi Chamber of Commerce Foundation in the No. 1067 Park and Recreation Grants Fund for the funding of data collection and analysis activities at the Juvenile Assessment Center. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting October 21, 2003 - Page 2 3. MOTION NO. 2003-372 Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction, of Corpus Christi, Texas in the amount of $ 130,000 for the Oso Water Reclamation Plant Aeration (East) Basins Structural Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 4. MOTION NO. 2003-373 Motion authorizing the City Manager or his designee to execute a consultant contract with Colwell & Associates, of Corpus Christi, Texas for a total fee not to exceed $360,639 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6. MOTION NO. 2003-375 Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering, of Omaha, Nebraska for a total fee notto exceed $236,332 for the Wood River Lift Station and Force Main Upgrade. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 7. MOTION NO. 2003-376 Motion authorizing the City Manager or his designee to execute Change Order No.2 with Fairbairn Electric, of Corpus Christi, Texas in the amount of $29,269.46 for the Holly Road Pump Station Miscellaneous Electrical Improvements Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 8. MOTION NO. 2003-377 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with McAllen Construction, Inc. of McAllen, Texas in the amount of $33,800 for the Kinney Street Storm Water Pump Station 2003. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting October 21,2003 - Page 3 9. MOTION NO. 2003-378 Motion authorizing the City Manger or his designee to execute a lighting contract with American Electric Power Company in the amount of $80,099 for the installation of new continuous street lighting on Ocean Drive, (south half of Spur 3 - Phase 1 - Part A) between a point south of the bridge east of Alameda Street to a point just south of Sand Dollar Boulevard, at Texas A & M University - Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 10. MOTION NO. 2003-379 Motion authorizing the City Manager or his designee to execute Change Order No.4 with Moorhouse/Beecroft, Joint Venture, LLC, of Corpus Christi, Texas in the amount of $142,059 for repair of the existing Convention Center Cooling Tower Structural Support System. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. II.a. ORDINANCE NO. 025526 Ordinance appropriating $199,764.66 from the No. 1020 General Fund Municipal Court Technology Fee for Informix Database Dell computers, XML module and IP telephones for the Municipal Court; and amending FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $199,764.66. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11.b. MOTION NO. 2003-380 Motion authorizing the City Manager or his designee to execute a twelve-month database maintenance agreement with Keene Information Systems, Inc. ofKaty, Texas in the amount of$29,110 in accordance with the State's Cooperative Purchasing Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting October 21,2003 - Page 4 12. MOTION NO. 2003-381 Motion authorizing the City Manager or his designee to execute an annual software maintenance renewal with ESRI, Inc., of Red lands, California in an amount not to exceed $39,149.34 for the ESRI suite of application software for the City's Geographic Information System. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. l3.a. MOTION NO. 2003-382 Motion authorizing the City Manager or his designee to accept grant funding in the amount of$48,401 from the Texas Department of Transportation for a Driving While Intoxicated (OWl) Selective Traffic Enforcement Project (STEP) in the Police Department for overtime OWl enforcement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. l3.b. ORDINANCE NO. 025527 Ordinance appropriating $48,40 I from the Texas Department of Transportation for funding of the Driving While Intoxicated (OWl) Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 14. RESOLUTION NO. 025528 Resolution authorizing the City Manager or his designee to submit a Coastal Management Grant application to the Coastal Coordination Council in the amount of $15,000 for a feasibility study on Bay Debris Catchment Systems in the stormwater outfalls that are located in the Corpus Christi Marina with a City match of $15,000 from the Marina Fund No. 1058 for a total project cost of $30,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting October 21, 2003 - Page 5 15.a. RESOLUTION NO. 025529 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $91,523 from the Texas Department of Health to fund the elimination and control of tuberculosis in Nueces County. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 15.b. ORDINANCE NO. 025530 Ordinance appropriating a grant in the amount of$91,523 from the Texas Department of Health to fund the elimination and control of tuberculosis in Nueces County in the No. 1066 Health Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 16. ORDINANCE NO. 025531 Ordinance abandoning and vacating a 100-square foot portion of a IO-foot wide utility easement in Lot 64, Block 2, Crestmont Unit lOR Subdivision; requiring the owner, Alonzo Cantu, to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 17.a. MOTION NO. 2003-383 Motion approving the reimbursement application submitted by So-San Corporation, of Kitchner Ontario, Canada, owner and developer of Victoria Park, Units 6 and 7 Subdivisions for the installation of743 linear feet ofa 12-inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting October 21, 2003 - Page 6 17.b. ORDINANCE NO. 025532 Ordinance appropriating $22,536.36 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-21805 to reimburse the developer for the installation of743 linear feet of a 12-inch PVC water grid main to develop Victoria Park, Units 6 and 7. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 17.c. ORDINANCE NO. 025533 Ordinance authorizing the City Manager or his designee to implement the Street Construction Participation Agreement between the City and So-San Corporation in the amount of $11 ,064.06 for construction of street improvements to Oso Parkway. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 18. ORDINANCE NO. 025534 Amending the Zoning Ordinance by revising Article 20, "1-2" Light Industrial District regulations by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. (First Reading - 10/14/03) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 5 regarding the Meadowbrook area drainage improvements. Council Member Scott asked ifthis was the solution to the flooding problem in the Meadowbrook area. City Engineer Angel Escobar replied that there were three phases to this project. The first phase involved the clearing off of underbrush that did not allow the water to flow through. The second phase involved a number of improvements up to Airline Road. The third phase, the portion which was now being addressed, involved the installation of a 6 X 10 box that would extend from Lum Street to Airline Road. Mr. Escobar noted that the results of the hydraulic studies indicated the need for more improvements between Belmeade and Airline Road because a concrete channel was cracking and showing distress. In addition, Mr. Escobar stated that additional work has been included inside the Meadowbrook subdivision itself that would allow the inlets and the pipes to go into the subdivision, eliminating the need for a fourth phase of the project. Council Member Scott asked that staffkeep the residents of the Meadowbrook area informed about the status of the project, especially of the fact that staff had found a way to expedite the work by eliminating Phase 4. He made special note ofthe construction completion date of December 20, 2004. Minutes - Regular Council Meeting October 21,2003 - Page 7 5. MOTION NO. 2003-374 Motion authorizing the City Manager or his designee to execute a consultant contract with LNV Engineering, of Corpus Christi, Texas for a total fee not to exceed $232,355 for the Meadowbrook Subdivision Area Drainage Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. ************* Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 19 regarding Work-Force 1. Ms. Irma Caballero, Chairperson of the Work-Force 1 Board, provided an overview of the program. She said that the program had recently changed its name from the Coastal Bend Workforce Development Corporation board to Work-Force 1 in an effort to be more responsive to community needs by focusing on the work force. She noted that this was a federally funded program that managed and evaluated workforce employment training in a 12- county region. Ms. Caballero stated that the Mayor and 11 other chief elected officials appointed 34 members (15 city appointments) to the Work-Force 1 Board to oversee all services. Ms. Caballero said that there were five major Work-Force 1 centers throughout the region, in Kleberg, Beeville, Corpus Christi, Sinton and Alice. She said that the sites provided comprehensive employment and training services. Ms. Caballero provided a number of statistical data on FY 2003 services (July 1,2002 through June 30, 2003). She said that the total number of employment and job training customers served in FY03 was 68,874. Of that total, 50,742 were served in Nueces County and 560 were youth. However, Ms. Caballero explained that Work-Force I estimated that 30% of the 50,742 were adults between the ages of 17-21. She said that the total number of child care customers served was 9,498. In sum, Mr. Caballero stated that Work-Force 1 served a grand total of 78,372 customers in FY03. Ms. Caballero stated the FY03 budget was approximately $33 million for the entire 12- county region. Of that amount, approximately 47 percent, or approximately $15 million, was spent in Nueces County. She said that a University of Texas study has documented a 308 percent return on investment over three years for every dollar spent by Work-Force 1. Ms. Caballero reported that the board held a workshop to detennine the strategic emphases for the program. The first area of emphasis was to continually improve access to services through transportation, technology, child care and center operations. The second emphasis was to continually improve the quality of services to customers through the following: determining employer needs and developing customer-driven services to meet those needs; and facilitating greater involvement of employers with education entities and workforce development services. Ms. Caballero stressed that the program has changed its priorities to focus on determining employer needs as opposed to serving clients. She said it was crucial to determine the employer needs to find out how best to train their clients. Ms. Caballero stated that another area of emphasis was taking a proactive role in regional . Minutes - Regular Council Meeting October 21, 2003 - Page 8 economic vitality through the following: being the catalyst in regional economic and workforce development initiatives; and creating partnerships with other entities to improve the regional economic climate. Finally, she said that the board aspired to build organizational strength, effectiveness and visibility through improved communications with chief elected officials and a continuous focus on long-term vision and strategic thinking. Mr. Oscar Martinez, President and CEO of Work-Force I, presented demographics on the current labor market. First, he provided statistics on the number of unemployed in the coastal bend region. He said that the labor force for the region was comprised of approximately 254,000 individuals. He noted that within the last three months of2003, there had been a reduction in the number of unemployed. In June 2003, there were approximately 20,000 unemployed individuals in the region, translating into a 7.8 percent unemployment rate. He said the number has since decreased to 17,000, or a unemployment rate of 6.7 percent, as of September. Council Member Scott asked if the decrease could be attributed to seasonal hiring. Mr. Martinez replied that seasonal hiring was a factor because many of the positions gained were due to the start of the school year. Mr. Scott asked for the difference in the numbers between September 2002 and September 2003. Mr. Martinez replied that an additional 2300 jobs were created in Corpus Christi in September 2003. He said that the board was mainly interested in seeing the unemployment rate continue to decline. Mr. Martinez reported that for the first time, the Corpus Christi Metropolitan Statistical Area (MSA) has crept out of the bottom one-third of major metropolitan areas in terms ofunemployment. For the first time in many months, he said Corpus Christi is at least comparable to the State of Texas unemployment rate, 6.5 percent. Historically, the city has been below the state average. He said that Texas and the Corpus Christi MSA, however, were below the national average for unemployment. He added that the Corpus Christi MSA is comprised ofNueces County and San Patricio County, and is composed of approximately 178,000 individuals in the labor force. He said that the Corpus Christi MSA constitutes 74 percent of the entire region. Mr. Martinez provided statistics on Work-Force I expenditures by program for the region in FY 03. Of their 18 different programs, he said funds were being spent in the following areas: adult services - 22 percent; youth services - 14 percent; child care - 43 percent; and welfare reform - 21 percent. In response to Council Member Colmenero's question, Mr. Martinez said child care services were offered by the child care providers available in the region, but were funded by Work- Force 1. The program benefitted those individuals seeking employment, training and/or are transitioning off welfare. Regarding welfare refonn, Mr. Martinez said the area has seen a reduction of over 1,000 individuals from the welfare rolls in the last year. Mr. Colmenero asked if this was an indication that the state's welfare-to-work program was working. Mr. Martinez replied that in a sense, it was working because people were coming off the welfare rolls. However, he said that it was important to ensure that these individuals remained employed to prevent recidivism. Council Member Noyola asked for data on reduction of the welfare rolls for Nueces County or Corpus Christi if available. Mr. Martinez said he would send him the data. Mr. Martinez provided statistics on expenditures by program for Nueces County. He said they were quite similar to the regional statistics. He pointed out that expenditures for welfare refonn in Nueces County were 13 percent of the budget, while the same expenditures were 21 percent for the region. He attributed the difference to an initiative to expand welfare refonn services to the rural counties. However, he said the initiative has ceased and from this point forward, all welfare refonn Minutes - Regular Council Meeting October 21, 2003 - Page 9 services will be distributed equally among the region as much as possible. Council Member Scott asked how the child care services program worked. Mr. Martinez replied that Work-Force I worked with the existing child care industry in the region and in the city. Those centers willing to accept client referrals would sign an agreement. When an individual came to the work force center and was deemed eligible for child care assistance, they would be provided a list of centers that would provide child care for a subsidized amount. The child care center would bill Work-Force I for child care services for their clients, and would receive payment directly from them. Mr. Martinez stressed that the client was free to choose which daycare they wanted to use. He also said that if a client was ineligible for subsidized services, Work-Force I would provide them a list of quality daycare centers. Council Member Scott asked how many families were receiving services. Mr. Martinez answered that regionwide, the number of children receiving services was close to 10,000. He said that each family was estimated to have 2.5 children. Council Member Scott imagined that most of the clients were single-parent families, which Mr. Martinez confirmed. Mr. Martinez added that the biggest barriers to employment in the region were lack of child care and transportation. Mayor Neal remarked that the Work-Force I program has drastically changed its emphasis for the better over the past few years to address the child care, transportation and training issues that keep single parents from being gainfully employed. He thanked City Secretary Chapa for his assistance in changing the focus of the board. Mr. Martinez then reported on the number of customers served in the regional work force centers in 2002. He said over 78,000 individuals were served, and of this amount, 53,675 received employment services. Mr. Martinez said employment services consisted mainly of matching a person with ajob. He noted that the Nueces County statistics mirrored the regional results. He said that training and job readiness services tended to be more specific and cost-intensive. Council Member Colmenero asked Mr. Martinez to describe the basic characteristics of a typical customer. Mr. Martinez replied that the clients tended to have low educational attainment, lack of work experience, and were single parents, based on his experience in the industry. Council Member Garrett asked about available child care for individuals who had to work nights. Mr. Martinez answered that this problem would be addressed if sufficient numbers of child care providers expanded their hours of services. He added that there are providers with expanded hours, but their locations may be inconvenient for the parents. Mr. Martinez named the following current initiatives that Work-Force 1 currently has underway: youth mentoring program; economic and labor market analysis for businesses; training funds contracted directly to businesses to meet, improve productivity, wage levels andjob retention; upgrade the infrastructure of all work force centers; pilot drug testing for job seekers referred to employers; development of region-wide literacy strategy; development of a business services team at each workforce center; aggressive need for grant funds to support community needs; marketing of the workforce development system to community leaders, businesses and job seekers; and continued privatization of services historically operated by government agencies. Mayor Neal asked Ms. Caballero to explain how members are appointed the board. Ms. Caballero replied that the state provided very specific guidelines for the board composition, saying Minutes - Regular Council Meeting October 21, 2003 - Page 10 that a certain percentage of the board members must represent certain categories, such as private sector, education and labor. In addition, the board members had to reflect the ethnic diversity and gender of the population in the 12-county region. She said that it is difficult at times to maintain this balance. If the board does not meet these requirements, the state will decertify the board and not allow them to work. Mayor Neal again thanked Work-Force 1 for their change in focus. Mayor Neal asked Mr. Chapa to arrange for reports from Work-Force 1 at least once a quarter. Council Member Scott asked how people are referred to Work-Force I. Mr. Martinez said that much of the business was word-of-mouth, a historical marketing program. He said Work-Force 1 will be increasing its efforts to market their services, possibly by using their contractors for help. Council Member Scott discussed the lack of child care as a barrier to gainful employment for many single mothers. Mr. Martinez agreed, saying that Work-Force I was providing assistance in this area. Council Member Colmenero asked if the current funding level was proportionate to the needs in the community. Mr. Martinez replied negatively, saying that the funding was decreasing. He said that one of the biggest challenges facing Work-Force I was to partner with other organizations with similar goals to combine resources. Mayor Neal asked Mr. Martinez to remember the Army Depot when developing partnerships. Mayor Neal deviated from the agenda and referred to Item 21, a presentation on the Neighborhood Initiative Program. Assistant City Manager Margie Rose stated that to move the project forward, a project manager needed to be appointed. She announced that Ms. Yvonne Haag had been named the project manager for the program. Assistant City Manager Rose provided a brief background on the program. She reminded the Council that a successful pilot program was initiated in the Cunningham and Chula Vista neighborhood in April - July 2003. She said the Council had approved that the inclusion of the program in the FY 2003-2004 budget under the Livable Neighborhoods Project. Ms. Rose reviewed the organizational chart for the program. Ms. Rose reviewed the following benefits of the program: the Neighborhood Operation Cleanup (NOC) provides support in the form of staffing and resources; eliminates service duplication; assists in the coordination efforts of various city services; tangible results at the neighborhood level; customer service oriented; and customized to project area and resident concerns. Ms. Rose discussed the time line for the implementation process. Between September 2003 and July 2004, she said the following tasks were completed: hire needed staff; purchase necessary equipment; training and staff development; establish a selection committee; site recommendation; and action plan. Regarding the action plan, Ms. Rose said that before the city would go into any neighborhood, a pre-assessment period would take place in which the project manager and the department heads would identify departmental issues in a proposed neighborhood. The next step would be to schedule a neighborhood meeting. She said the meeting would be held within the project area; identify resident issues and concerns; and introduce key contacts and city staff. Regarding the Clean-Up process, Ms. Rose described the following steps: develop a Minutes - Regular Council Meeting October 21,2003 - Page II customized action plan; establish a command post; a concentrated three week clean-up period; and utilize many city resources. Ms. Rose stated that once the clean-up period was over, a post assessment and evaluation period would begin, consisting of the following steps: resident input into project; establish city contacts in Neighborhood Services; and empower residents with the knowledge and tools available to assist them everyday. Assistant City Manager Rose named the five neighborhoods being recommended for clean- up this year StapleslCrosstownl Agnes/Morgan, Agnes/Leopard/Crosstown/Port, Williams/Everhart/Holly/Staples, WhitakerlMcArdlelRicki/Whitaker and HerminelNAS CC/SPIDlFlour Bluff Drive. She provided the anticipated time lines for each of the clean-ups. In conclusion, Ms. Rose stated that the goals were to establish and maintain communication with residents; empower residents with the tools and knowledge to maintain long term change; and continual transformation of Corpus Christi one neighborhood at a time. Council Member Colmenero spoke in support of the program. He asked if the three-week clean-up process was workable. Ms. Rose replied that staff believed it was a workable time period, and said that this same process was used successfully in the Chula Vista area. Noting that the solid waste department was transitioning into full automation, he asked how the solid waste fleet was going to be used in this program. Mr. Jim Davis, Director of General Services, replied that two self- loading brush trucks were going to be purchased for the program. He said the city did not have the ability to augment the effort using existing equipment because the trucks were being used by solid waste. Council Member Kelly remarked that this program seemed similar to another effort that had taken place around Lamar Elementary School. He felt that to sustain the improvements in the neighborhood, the city needed to increase the owner occupancy rates and perhaps be more aggressive about building on the infield lots. He asked if the program would be educating the residents on home ownership programs and put them in contact with builders who could construct homes at a reasonable price. Ms. Rose responded affirmatively, saying that the Neighborhood Services department would play a key role in educating the residents on these resources. In response to Mr. Kelly's question, City Manager Noe said one of the goals was to find ways to acquire vacant or abandoned lots that were a maintenance nuisance and make them available for redevelopment. Council Member Kinnison asked how the city could maintain the improvements in the neighborhoods after the clean-up was over. Assistant City Manager Rose replied that one of the objectives was to develop a follow-up process to reevaluate the area, and educate the residents on how to further help them maintain the improvements over time. Ms. Rose added that code enforcement would playa important role in maintaining the improvements as well. Council Member Kinnison emphasized that an effective follow-up program was essential to maintaining the improvements in the long-term. City Manager Noe commented that the city has continued to monitor the Chula Vista area with code enforcement officers and directed patrol officers. He said staff has been amazed at how active the residents have been in maintaining the area over time. He said the residents in the pilot area now know that they can turn to the code enforcement officers and directed patrol officers for help, and that the city will respond. Council Member Noyola spoke in support ofthe program. He noted that Area 2 did not Minutes - Regular Council Meeting October 21,2003 - Page 12 include many residential areas. Further down on Port Avenue, going toward Morgan, he said there were a number of streets (Mary, Dunbar and Marguerite) with a high level of drug trafficking and prostitution. He suggested that staff extend the area to include these residential streets. Council Member Scott asked if the schools were being involved in the process. Capt. John Houston, supervisor of the Directed Patrol Officers (DPO), replied that the DPOs were initially assigned to the 17 middle schools in the city. Once the program began, he said that the DPO assignments were broken down further to the elementary school level, because the elementary schools seemed to have a greater connection with the neighborhoods. He said that the DPOs would continue to use the elementary schools, middle schools and high schools, depending on the needs of that particular neighborhood. Council Member Scott asked if there was high unemployment in these neighborhoods, and ifso, perhaps the residents could be informed about the Work-Force 1 program. City Manager Noe replied that staff would look for any opportunities to link service providers into the system to help the residents. Council Member Kelly asked if the city would be able to expand the DPO program to assign an officer to each of the middle school districts in the foreseeable future. Capt. Houston replied that he had combined the bike officers, DPOs and moped officers to enhance the community policing efforts. He said that his officers continued to monitor the areas after the clean-up was completed. Police Chief Pete Alvarez added that a lack of resources made it difficult to increase the number of DPOs at this time. However, he said seventy additional police officers were being added to the bike patrol to increase the community policing effort. He said eventually, the plan was to convert the beat officers for each area into DPOs. Mayor Neal deviated from the agenda and referred to Item 20, a presentation by the Corpus Christi Convention and Visitors Bureau (CVB). Mr. David Prewitt, Chairman of the CVB Board, provided a quarterly update. He thanked Mr. Joey Jarreau, Interim CEO, for his leadership during this transitional period. He also recognized the members of the CVB Board and staff who were present. Mr. Prewitt remarked that a strong theme for this year would be accountability. He commented that the Council had provided additional funding for the CVB, and in return the CVB wanted to demonstrate how the additional funds were being used effectively. As a result from the feedback the CVB had received from the Audit Committee, Mr. Prewitt stated that the CVB has focused on changing to the way they presented information to the Council to tnake it more meaningful and concise. In addition, the CVB will look at opportunities to partner with the city to save costs and effort. Mr. Prewitt discussed an initiative from the International Association of Convention & Visitor Bureaus (IACVB) to standardize performance measurement. He said the association was in the process of adopting this initiative, which included the following performance measurement standards: bureau uniform system of accounts; convention market definitions; convention and tourism sales productivity; and bureau return on investment calculation. Mr. Prewitt also discussed the results so far of their study of the potential cost savings that Minutes - Regular Council Meeting October 21, 2003 - Page 13 could be gained from partnering with the city. In the area of AccountinglLegal professional services, they determined that there was no feasible savings from payroll service. In the areas of Capital Equipment, Computer Supplies, EquipmentJRepairs/Maintenance, Utilities, Telephones and insurance, Mr. Prewitt said determinations had not been made yet because additional city research needed to be completed. He did note that it had been determined that there were no feasible savings from group purchasing of water. He said they anticipated obtaining answers within the next 90 days. With regard to their visitor centers, Mr. Prewitt presented data on the visitor count for each facility. He remarked that there was basically a flat pattern for all facilities, but he commented that it appeared that consumers where finding alternative ways to obtain travel information. He said the number of web site hits indicated that potential consumers were gathering information before they came to town. Mr. Prewitt pointed out that the visitor count for the Padre Island visitor center was down, and he attributed the decrease to the construction taking place in the area. Council Member Kinnison commented that he thought the Island's occupancy numbers had actually increased for this period. Mr. Joey Jarreau, Interim CEO of the CVB, replied affirmatively. He said that the amount of construction made it difficult for visitors to find and use the Island visitor center. He said that the decrease in visitors was directly tied to the level of construction. With regard to the 1-37 visitor center, Council Member Kinnison asked if there was a way to determine if visitors were going to Corpus Christi or the Valley. Mr. Jarreau answered that the CVB had a report with this information, and would e-mail it to him today. Mr. Prewitt added that the CVB was also studying the possibility of changing the centers's hours of operation, if it was determined that they would attract more visitors. With regard to hotel/motel occupancy percentages, Council Member Colmenero noticed that there was a spike in occupancy rates in August 2003, and asked why. Mr. Prewitt replied that the spike could be associated with the later start of the school year. He said that the average hotel/motel occupancy rate in Corpus Christi last year was 57.1 percent. By comparison, he said a healthy hotel market is considered to be between 60 to 65 percent. He acknowledged that the hotel market has seen slight growth, but compared to other cities competitive with us, Corpus Christi was in the middle of the pack in terms of performance. Mr. Prewitt stated that limited service growth, where the city sees most of its growth, does not enhance the city's performance. Regarding the CVB's web site performance, Mr. Prewitt said that the site has seen a considerable amount of growth in the number of visitors since its inception in 2000-0 I. He also briefly discussed the convention sales bookings and priorities. With regard to the convention sales priorities, he mentioned the following: continue to focus on telemarketing (605 calls in two months); begin movement into sports marketing (arena); 100 percent of sales staff trained in signature sales training for CVBs (60 percent of total stafi); and continued emphasis on Texas Associations. He also mentioned their efforts in the international market. Council Member Kinnison asked for more information on sports marketing. Mr. Dan Viola, CVB board member and Director of Athletics for Texas A&M University- Corpus Christi, replied that the new arena would create opportunities to hold college basketball, baseball and UlL tournaments in the city. Mr. Kinnison asked if the CVB had arranged to work with SMG, the firm managing the new arena for the city. Mr. Jarreau replied that the CVB has already had several meetings with Marc Soliz, the new manager of the arena. He said that the biggest challenge so far was to have SMG put a booking policy in place for the Rayz and the Islanders basketball to finalize Minutes - Regular Council Meeting October 21, 2003 - Page 14 the schedule. Council Member Scott asked about the market for nature tourism. Mr. Prewitt replied that eco-tourism was an area of interest. He noted that this type of tourism was regional, not local, but said that the CVB was still making efforts to attract this market. Mr. Bill Pettus reported on the CVB's sales and marketing initiatives. He discussed the partnership between the CVB and the Hispanic Chamber of Commerce for a Mexico Marketing program. Their total revenues this year were $83,225 and estimated expenses are $83,195. He said the Hispanic Chamber had created a Mexico Marketing Committee to dovetail their marketing efforts with the CVB. Mr. Pettus stated that for 2003-2204, the Mexico Marketing Media Plan consisted of 11 publications, 63 insertions and 16 State of Texas Co-op insertions. He said that the Convention and Visitors Bureau Visitors Media Plan consisted of 29 publications and 77 insertions for 2003-04, focusing primarily on the 250-mile driving radius. The Convention Media Plan consisted of 19 convention publications and 46 insertions. He said that the two main criteria for the selected publications was if they were going to do an editorial feature on Texas and if there was a new facilities guide. He also discussed the Co-op Plan, which included 7 publications and 16 available Co-op insertions. He stated that the partnership contribution goal for the Co-op plan was $250,000. He also mentioned the Lamar Town Program for an Outdoor Campaign effort. He said the program would purchase seven boards on behalf ofthe city, for a eVB production cost of$9,81 O. Mr. Pettus stated that the CVB had purchased an additional, 14x48 board in San Antonio at 1-37/281 north of the Alamodome. He said that 85,000 people were anticipated to view the board. Mr. Pettus provided the results of the Advertising Conversion Study. Of the inquiries made in the city's top five markets (Dallas, San Antonio, Fort Worth, Austin and Lufkin), 34 percent ration of the inquiries were converted into actual visitors of the city. He said that this amounted to $83 per dollar spent on advertising in terms of return on investment. Mr. Prewitt discussed the status of the eVB CEO search. He said that the CVB was going to identify the finalist candidates on October 22, and on November 2-4 would be holding on-site interviews with the finalist candidates. He invited the Council to meet with candidates as well. Finally, Mr. Prewitt discussed the following elements of the CVB's action plan for the next 90 days: complete CEO search; institute IACVB measurement standards; implement cost savings with city staff; track, review, and adjust Visitor Center hours of operation; continue regional approach specifically with Eco- Tourism efforts; and review additional revenue sources - i.e. memberships. Council Member Kinnison asked if the CVB had discussed any efforts to increase the hoteVmotel tax rate through legislative approval. He asked what the current rate was, and Mr. Prewitt replied that it was 15 percent. City Manager Noe replied he thought the city was at the maximum rate allowed by statute, but he did know of a number of cities that had gotten special legislation to increase the rate. Council Member Kinnison suggested that if the city was to consider this option, they needed to do it now before the 2005 legislative session. ************* Minutes - Regular Council Meeting October 21,2003 - Page 15 Upon request by Council Member Kinnison, Mayor Neal deviated from the agenda. Council Member Kinnison made the following motion, seconded by Council Member Noyola: 25.5. MOTION NO. 2003-385 Motion to reconsider the motion made by Council Member Scott, seconded by Council Member Kelly on October 14,2003, regarding the zoning change requested by Robert and Dahlia Schulte in reference to Lot 2, Markamay Estates to further amend the zoning ordinance to say that the City Council finds that the requirements of Section 25-A-I.03 and 25A-4.03 are satisfied and grant a Specific Use Permit (SUP) for a Bed and Breakfast Home with Special Events on Lot 2, Markamay Estates, subject to a site plan and 12 conditions; and subject to the following two additional conditions: 1) applicants must give the City's Code Enforcement Officer 48 hours notice prior to each event; 2) if any condition is violated, the SUP can be revoked upon review by the Judge of the Code of Enforcement (Environmental) Municipal Court acting as a hearing officer. Mayor Neal stated that he had asked for a legal opinion on whether the Council could reconsider this item since the Council passed a portion of the request and defeated another zoning request, which would normally require that the applicant wait one year to reapply. He said that he had also asked for a legal opinion on whether the case would have to be heard by the Planning Commission first before the Council could reconsider it. Mr. Kinnison said that if the motion to reconsider passed, he would make another motion to table the item until November 11,2003. Mr. Michael Gunning, Director of Planning, said that the Council did not have to revisit the issue on the Bed and Breakfast Home because it was already approved. He said that the second part ofthe request, the special permit for special events, could be reconsidered. He said that the case did not have to go back to the Planning Commission because it was not a continuation of the public hearing. If the motion to reconsider passed, then the item would be placed on the agenda as a regular agenda item. He said that public comment would be allowed on the item, but another public hearing would not be opened. He stated that as a courtesy, staff would notifY all the property owners within 500 feet that the special use permit for special events portion of the applicant's request was going to be reconsidered on November 11,2003. Mayor Neal asked if the individuals residing outside of the 500 feet area who had signed a petition were also going to be notified. Mr. Gunning replied that the city could place an ad in the public notice section of the newspaper. In addition, he said he could contact some of the key individuals in the petition drive to advise them that the case was going to be reconsidered. Assistant City Secretary Juarez polled the Council for their votes as follows: Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal voting "No"; Cooper was absent. Council Member Kinnison made a motion to table the item until November II, 2003, seconded by Council Member Noyola. Assistant City Secretary Juarez polled the Council for their Minutes - Regular Council Meeting October 21,2003 - Page 16 votes as follows: Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal voting "No"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 22, a presentation on the reuse of the Memorial Coliseum. City Manager Noe stated that today's presentation was in response to the Council's request to secure additional information on the status of the coliseum site. He said during the last discussion, the building was found to be structurally sound. He said the list of alternative uses for the facility seemed to duplicate those that would be taking place in the convention center/arena complex or other city facilities. Mr. Noe commented that the cost of renovation was estimated to be between $3.2 and $4.4 million. He noted that the Coliseum was currently operating at a $400,000 loss that was being subsidized from the hotel/motel occupancy tax. Mr. Noe stated that the Council had asked staff to research the property status to identifY encumbrances or limitations, and to prepare more specific estimates on demolition costs. With regard to property status, City Manager Noe stated that complete title research had been performed, indicating that there were no encumbrances or limitations on the site. He stated that the park property existed south of the site, but was not the subject site that had been previously identified. With regard to the demolition estimates, City Manager Noe said that complete demolition, including the foundation, would cost approximately $420,000. Demolition of the structure only would cost $200,000 and partial demolition (non-load bearing walls only) would cost $120,000. Mr. Noe said the alternatives for the reuse ofthe facility included the following: permanent city use; temporary (holding) city use; and private sector development/redevelopment, including retaining and reuse of all or part of the structure or demo structure for a clean site. City Manager Noe stated that staffhad made the following conclusions: substantial property (9.8 acres) on bayfront; no significant city use; substantial cost to operate or renovate; and private sector development/redevelopment should be explored. Regarding the redevelopment process, Mr. Noe said that the traditional process has yielded unsatisfactory results (e.g. competitive RFP). By contrast, the alternative to sell the property provided no city control. Thus, he recommended that the Council allow staff to identifY an alternative process for securing capable private development and a reuse plan acceptable to the community. Once staff had identified the process, he said that staff would bring it back for Council approval prior to initiation. Council Member Chesney asked how long it would take staff to identifY the process and bring the information to the Council for approval. City Manager Noe replied that it would take approximately 30-45 days to identifY what other cities have done to find redevelopment partners, find a compatible model for the city's needs, and develop the appropriate documents (e.g. request for information). Council Member Chesney clarified that staff's recommendation was to identifY a process only, not make the decision whether to develop or tear down the facility. Mr. Noe replied affirmatively. Mr. Chesney stated that many members of the community had voiced their concerns that the process not be dragged out, and had also requested the opportunity for public input. He said he was comfortable with this time frame. He then asked how long it would take before staff could make a recommendation on the final fate of the facility. Mr. Noe replied that the process could take Minutes - Regular Council Meeting October 21,2003 - Page 17 36 months because it would involve finding a good developer able to fund the project and create a definitive plan. Council Member Chesney asked if the process would include opportunities for public comment before a final recommendation was made. City Manager Noereplied affirmatively. Council Member Chesney asked how the plans for the coliseum would tie in with the South Central Development Plan. City Manager Noe answered that it tied in well because the Planning Commission was going to consider the South Central Development Plan within the next few weeks. He said that an active discussion was taking place now on development plans for the south central area, and the coliseum discussion was well-timed. In response to Council Member Chesney's question, Mr. Gunning replied that the marina area had not been the focus of the stakeholders group plans because of the ongoing negotiations with Landry's. Now that the Landry's negotiations have ceased, he said that there has been a reintroduction of plans for the marina to be incorporated in the plan. Council Member Kelly asked if"mothballing" the facility was an option. City Manager Noe replied that it was a risky option, because the building could fall into disrepair and thus be harder to reuse. City Manager Noe said that he could provide a minimal maintenance cost for mothballing the facility if the Council wished to consider this option. Council Member Chesney asked if there were plans to survey visitors to find out what they would like to see in the downtown area. Mr. Joey Jarreau said that the CVB had plans to do this kind of survey. In response to Mr. Chesney's question, City Manager Noe replied that the local AlA chapter had planned a 12-hour charette, or design session, to discuss the Shoreline Realignment project. Council Member Kelly asked if there would be any emphasis on cost. Mr. Gordon Landreth, local architect, stated that it was a brainstorming session more than anything else. Council Member Noyola asked if local architects were the only participants. Mr. Landreth replied affirmatively. A discussion ensued over whether the Council was deciding to reuse the building or demolish it by approving staff's recommendation. City Manager Noe replied that the Council said they were in favor of private development or redevelopment of the site at a prior meeting. He said that the developers may propose retaining or reusing all or part of the structure or demolishing the site. Therefore, he asked that the Council be flexible at this point until a process and proposals are ready for review. Council Member Colmenero expressed his concern that the developer integrate the site appropriately with the overall plan for the bayfront area. City Manager Noe agreed. City Manager Noe advised the Council that they would need to make a decision to either put the facility up for private development or hold the structure for city use within the next 30-45 days. He did not think it would be wise to enter into negotiations with private sector developers unless we were truly committed. Council Member Scott asked about the possibility of using the site or the adjacent park land for a trolley system transfer station. City Manager Noe replied that it would be an interesting alternative ifthe a transfer station could be incorporated into the development. Council Member Noyola asked why the decision needed to be made so quickly. He asked that information on the coliseum be placed on the city's web site for public input. He preferred that the city wait a few weeks to obtain more input from the public before making a decision. Minutes - Regular Council Meeting October 21, 2003 - Page 18 After a brief discussion, the Council authorized City Manager Noe to proceed with staff's recommendation. ************* Mayor Neal called for petitions from the audience. Mr. Lamont Taylor, 1517 Van Loan, and Ms. Carol Flowers, 1815 Peabody, spoke regarding the illegal drug problem in the Hillcrest area. Ms. Priscilla Leal, 4738 Cheryl, and Mr. Rolando Perez Garza, 2854 Alvin, spoke regarding the drainage problem in the Sunnybrook and Manshiem area. Mr. Gene Bruner, 324 S. Naylor, spoke regarding the problem with lawn care businesses using blowers to put grass clippings into the storm drains. ************* Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following item: 23.a. Public hearing to consider abandoning and vacating a 2.656 acre tract of a dedicated 80- foot wide undeveloped public street right-of-way being out of a 5.17 acre road dedication, out of the North one-half of Section 31, Laureles Farm Tracts. There were no comments from the audience. A motion was made, seconded and passed to close the public hearing. Assistant City Secretary Juarez polled the Council for their votes as follows: 23.b. ORDINANCE NO. 025535 Ordinance abandoning and vacating a 2.656 acre tract of a dedicated 80-foot wide undeveloped public street right-of-way being out of a 5.17 acre road dedication, out of the North one-half of Section 31, Laureles Farm Tracts; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Colmenero were absent. Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-01. Michael Thomas Yarbrough: A change of zoning from an "R-IB" One- family Dwelling District to at "B-1" Neighborhood Business District on Yarbrough Addition, Lot I, located west of Airline Road and 285 feet south of Holly Road. Assistant City Secretary Juarez said the Planning Commission and staff recommended the approval of the "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close Minutes - Regular Council Meeting October 21, 2003 - Page 19 the public hearing, seconded by Mr. Scott, and passed. Ms. Juarez polled the Council for their votes as follows: 24. ORDINANCE NO. 025536 Amending the Zoning Ordinance upon application by Michael Thomas Yarbrough by changing the zoning map in reference to Lot I, Yarbrough Addition from "R-IB" One- Family Dwelling District to "B-1" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. ************* Mayor Neal opened discussion on Item 25 regarding the master plan for Shoreline Boulevard and the Bayfront. City Manager Noe stated that the idea to eliminate the medians on Shoreline Blvd. and create a greenspace to create a park property was not new. He said that the development had been discussed as part of the South Central Area Development Plan. As a result of a discussion that took place at the September 23, 2003 council meeting, he said that the idea to realign Shoreline Boulevard resurfaced due to the impact of the seawall construction project. He said that the construction would alter the traffic flow on Shoreline Boulevard, in essence realigning it as had been proposed. Mr. Noe reported that the proposed Shoreline Boulevard Master Plan would contain the following elements: study of the complete length - from the Museum to Holiday Inn Emerald Beach; consider opportunities to move park space to water side; downtown partnership; and proposal from centerlarena team (TVS/Sasaki). Mr. Noe stated that potential partners for funding the master plan would be the city, Downtown Management District (DMD), the Port of Corpus Christi, Regional Transportation Authority (RTA) and the Metropolitan Planning Organization (MPO). Regarding the project cost, Mr. Noe explained that staff was working with TVS/Sasaki, who initially proposed that the project would cost $50,000. However, Mr. Noe said that it did not include funding for subconsultants in the areas of traffic analysis, nor did it include much public participation. Assuming these additional expenses, Mr. Noe said that staff was estimating that the cost come be as high as $100,000. He said that the city's share was estimated to be $20,000, assuming that the city was able to secure five partners. Mr. Noe discussed the construction estimates, assuming construction from the Museum to Williams Street. He said that staff has completed cost estimates under two scenarios. Scenario I would assume two-way traffic on Shoreline Drive for the entire length at an estimated cost of $7.2 million. He noted that these were engineering estimates only, meaning that only minimal landscaping and upgrades were included. Scenario 2 assumed one-way traffic, similar to the temporary realignment taking place on Shoreline Drive as a result of the seawall reconstruction project. He said the estimated cost for Scenario 2 was $3.5 million. Minutes - Regular Council Meeting October 21, 2003 - Page 20 In conclusion, Mr. Noe stated staWs recommendation was to authorize them to work with the DMD and other potential partners to fund the development of the Shoreline Boulevard Plan, including a substantial amount of citizen participation in the design contract. He said that staff would bring the design contract back for Council approval once all the signatories and the final RFP are complete. Mr. Noe introduced Mr. Gordon Landreth, Chairman of the DMD's Bayfront Enhancements Committee, to comment. He stated that the DMD has examined previous plans for development as well as participated as stakeholders in the South Central Development Plan. He said that the DMD strongly supported the concept of a bayfront park development. As an organization, he said they feel that the project must move forward, and would be offering their support both financially and vocally. Thus, Mr. Landreth stated that the DMD had voted to offer financial support in the amount of $20,000 to go toward the cost of a professional study to develop the bayfront. He said that the DMD does not have its own plan; rather, they have a vision for the bayfront. Mr. Landreth said the DMD believed that there were other entities willing to support this effort as well. Council Member Scott asked if staff had a cost estimate to add the section of Shoreline Boulevard in front of the federal courthouse and convention center. City Engineer Escobar replied that the estimate was $980,000, using figures from a year ago. Council Member Scott asked if there had been any discussions on slowing the speed of traffic. City Manager Noe answered that the primary goal was to make the area more pedestrian friendly, so slowing the speed of traffic would be appropriate in the discussion. Council Member Scott asked if TVS/Sasaki had any local participation. City Manager Noe replied that Mr. Raymond Gignac was the local partner in the group. Council Member Cooper asked about plans for substantial public input. City Manager Noe replied that the original plan called for a number of community workshops to take place for two days at the beginning of the process. However, Mr. Noe stated that a second set of community workshops needed to be scheduled after an initial master plan was prepared. Council Member Cooper suggested that staff plan even more community workshops. Council Member Colmenero spoke in support of the redesign of Shoreline Boulevard and the bayfront area. Council Member Noyola also spoke in support of the plan, but he wanted to ensure that the project would come to a public vote. Mr. Noe replied affirmatively, saying that he could not think of any other way to fund the project other than through Bond 2004. Minutes - Regular Council Meeting October 21,2003 - Page 21 There was no public comment. Assistant City Secretary Juarez polled the Council for their votes as follows: 25. MOTION NO. 2003-384 Motion authorizing the City Manager or his designee to negotiate an agreement with the Downtown Management District and other appropriate agencies to jointly fund a professional services contract to develop a master plan element for Shoreline Boulevard and the Bayfront and prepare the necessary agreements and contracts for City Council approval. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ************* Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.071 regarding Kourtney Hancock vs. Coca-Cola Enterprises, Inc. and the City of Corpus Christi, Cause No. 02-1169- B, I 17th District Court, Nueces County, Texas, with possible discussion and action in open sessIOn. 27. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina with possible discussion and action related thereto in open session. The Council went into executive session. ************* The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe asked Assistant City Manager Ron Massey to brief the Council on the reservoir system. Mr. Massey reported that the water north of Tilden has crested and is on the decline. He said that the water level in Choke Canyon has been used effectively as a kind ofbuffer. He noted that Bluntzer was close to cresting. Council Member Kelly asked how quickly the water level would decrease. Mr. Massey answered that it would decrease slowly, adding that estimates are that higher flows will continue to be seen for approximately two weeks. Mr. Kelly asked how high above flood stage the water had reached this time. Mr. Massey said that the water level was at least 10 feet over in Bluntzer. Mr. Kelly asked what would be involved in trying to resolve the flooding issue. Mr. Massey replied that the federal government's approach to dealing with the flooding was to buyout the properties along the river, basically in the flood plain, and relocate those individuals. Mr. Massey added that most of the properties in question were in the county areas. Mr. Kelly commented that he did not believe this would be a popular idea. Mr. Massey agreed, but said that the options were limited since it was difficult to build another dam or increase the volumes of the existing dams. He said ultimately, the least expensive option was to buyout the properties in the low lying areas. Minutes - Regular Council Meeting October 21, 2003 - Page 22 City Manager Noe reported that staff held a meeting with the school superintendents in the area in preparation for the Council's proposed Education Summit. He said the summit was in the planning stages and the meeting went very well. He said the Council should have received a copy of the adopted budget. Also, this Thursday from 6:30 p.m. to 8:00 p.m. at Fannin Elementary School, a project neighborhood meeting was scheduled for the Home Road! Ayers Street! Kostoryz Street improvements project. Mr. Noe said that next Thursday, staff was planning a special recognition for Mr. David Casteel from TxDOT, who would be leaving the city at the end of the month. At next week's Council meeting, he stated that the Council would be hearing a detailed discussion on the storm water capital projects and funding. He said that a joint meeting with the Crime Control and Prevention District was scheduled at 12:00 p.m. at the November II, 2003 council meeting. There were no Council concerns and reports. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:20 p.m. on October 21, 2003. ************* 2 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION October 28, 2003 AGENDA ITEM: Storrn Water Capital Project Funding options STAFF PRESENTER(S): Name 1. Mark L. McDaniel Title/Position DeDartment Executive Director of Support Services ISSUE: Corpus Christi has substantial Storm Water Capital needs totaling over $90 rnillion dollars. The City Council has established long-terrn funding options for drainage needs as a council priority issue. As a supplernental funding source for drainage irnprovernents, Staff is recornrnending a monthly storrn water fee to be assessed to utility customers and property owners within the city lirnits. The recomrnendation is outlined in this presentation. REQUIRED COUNCIL ACTION: No forrnal action is required. FUTURE ACTION: Adoption of Ordinance establishing a storrn water fee to address the storrn water (drainage) needs of the City. ~;c:j J Executive Director of Support Services Copy of PowerPoint Slides X Storm Water Funding Approaches X Schedule of Funding Options X Survey of Texas Cities X BACKGROUND INFORMATION Since 1989, the City of Corpus Christi has funded Storm Water operations through Water Fund resources. A customer's water consumption bears no relationship to the demands placed on the storm water drainage system. Demands placed on the drainage system are related to the quantity and quality of runoff from a property. The Texas Municipal Drainage Utilities Systems Act was amended in 1989 to provide enabling powers to all municipalities for utility formation. Numerous cities have already established storm water drainage utilities to support their drainage programs. Storm Water utility establishment is the most equitable means of allocating storm water costs because rates will be related to drainage. From 1995 to date, several attempts have been made to establish a Drainage Utility. At a Storm Water Management City Council Workshop held on November 18, 2002, the Office of Management & Budget presented several funding options for Council to consider. On May 6, 2003 at the City Council Retreat, long-term funding of storm water management was identified as a Council Priority Issue. In order to address the obvious and serious storm water needs of the community, a consistent and reliable long term source of funding is essential - particularly in light of significant capital improvement needs in this area. Ofthe funding options presented at the retreat, staff continues to believe the most viable option for long-term funding of storm water needs is the establishment of a storm water fee. Prior City Council Action: 12/14/93: 07/18/95: 09/12/95: 11/28/95: 04/16/96 : 07/23/96: 06/17/97: 5/99: 6/22/99: 9/99: 5/2001: 2/2002: 11/18/02: 1i28/03: 1/28/03: 5/6/03: City Council passed a resolution directing the City Manager to initiate steps to establish a drainage utility and design a utility fee. City Council adopted a resoiution directing the scheduling of a public hearing on creation of a drainage utility. City Council passed a resolution canceling the public hearing on the proposed drainage utility scheduled for September 12, 1995. City Councii appoints 9-member Drainage Utility Ad Hoc Committee with a mission to recommend a service level plan for drainage services and a schedule of rates and charges that would provide the revenues necessary to support that level of service. Committee's motion to send mission statement back to City Council for clarification scheduled on April 16, 1996 City Council agenda; City Council passed a motion to instruct drainage utility Ad Hoc Committee to come back to the Council with a recommendation on an equitable drainage utility rate structure for City customers and to include any other recommendations the committee may make. Drainage Committee presented its recommendation to the City Council not to establish a drainage utility; Council took no further action. City Council passed an ordinance establishing an 11-member Storm Water Management Advisory Committee to advise to Council on activities related to the City's NPDES permit; the Committee was to be abolished on June 17, 1999. Council identified priority issue which included establishing a Drainage Utility and staff prepared an action plan proposing initiation of charges for April 2000. Council amended ordinance establishing Storm Water Management Advisory Committee (SWMAC) to continue the Committee's existence and include an additional duty - to advise Mayor and Council on establishment of a drainage utility. Staff prepared a summary survey of services and fees and a presentation highlighting a revenue neutral approach in developing a Storm Water Drainage Utility and fees based on lot sizes and not water usage or impervious surface. Council identified a Storm Water Utility as one of its continuing priority issues. SWMAC submitted storm water funding option recommendations to Council. The decision was made to defer action on funding untii findings of the Drainage Master Plan were completed. Storm Water Management City Council Workshop held. Proposed Master Plan Policy and funding options presented to City Council. Council passed a resolution tentatively approving Storm Water Management Policies. Staff presented Council $5 million and $20 million drainage CIP project listings. Council identified new priority issue to establish long-term storm water funding and retain the existing Master Drainage Plan as a priority issue. RECOMMENDED DRAINAGE FEE STRUCTURE As reflected in the attached survey of Texas cities with storm water drainage fees, there are a variety of methods used to assess a fee. Over half of cities or towns with drainage fees assess a monthly fee based on impervious area. Other cities such as Dallas assess based on lot size. Across the State, monthly fees for residents range from a flat $.50 in Fort Worth to Dallas' $13.88 for a residence with over 43,600 square feet. Fees for commercial properties range from Fort Worth's $.50 for small parcels to Arlington's $390 monthly fee for property over 1,000,000 square feet. Given the wide range of fees and methods, Staff developed several options to calculate a fee which are detailed in the attached schedule. Staff is recommending Option 50 a combination method which should be less onerous to our citizens in terms of cost and should be easier to administer and maintain. Following is the recommended fee structure: No. Meters Ratelmonth RevenueNear ICL Residential Single Family and Duplex 71,375 $1.20 $ 1,027,800 No. Parcels/Lots Rate/month RevenueNear ICL Commercial < 10,000 sq. ft. 7,468 $3.00 $ 268,848 10,001 -20.000 sq. ft. 1,679 $6.00 $ 120,888 20,001 -40,000 sq. ft. 1,209 $8.00 $ 116,064 > 40,000 sq ft. 1,988 $10.00 $ 238,560 sub total 12,344 $ 744,360 Total 12,344 $ 1,772,160 The estimated annual revenue of $1,772,160 will fund approximately $21.3 million in capital projects. This is comparable to approximately a 2% increase in the current utility rate for FY 03-04. Should the Council decide to fund more than $21.3 million in projects annually, the storm water fee could be adjusted incrementally. Fees would be assessed to utility customers or property owners of record. Billing would be handled through our HTE utility billing system. Vacant, unimproved property would not be assessed at this time and is not reflected in the above revenue estimate. 2% Rate increase = $1,627,000/year in revenue $19.5 Million in Project Capacity X Funding through issuance of G.O. Bonds 2 cent increase in general property tax = $1,789,0001year in revenue $21.5 Million in Project Capacity 2 cent in District property tax = $2,124,000/year in revenue $25.5 Million in Project Capacity Funding through Drainage Utility Fee See attached Storm Water Drainage Fee Options Worksheet STORM WATER DRAINAGE FEE OPTIONS Total 115,243 E 1,764,634 .:::Total $ 1,772,160 No. Parcels/Lots Ratelmonth RevenuefYear ICL Commercial # of Parcel/ Type of Customer # of Meters Rate/Month TotalNear Parcel/Lot size Lots Rate/Month Total/Year ICL 1,679 $ 6.00 EReslden0al 120,888 20,001 -40,000 sq. ft. 1,209 Residential -Single 70,841 $ 1.00 $ 850,092 ?< 10,000 sq. ft. 55,832 1.00 669,984 Family 238,560 sub total 12,344 1>10,000 sq. ft. 16,907 2.00 405,768 Duplex 894 3.00 32,184 72,739 1,075,752 Commercial 7,439 10.00 892,680 Commercial 6,531 Multiunit 41 Restaurant 351 "Commercial Hospitals 40 <10,000 sq. ft. 7,468 $ 3.00 268,848 Schools 152 10,001 -20,000 sq. ft. 1,679 6.00 120,888 Churches 315 : 20,001 - 40,000 sq. ft. 1,209 8.00 116,064 Large Vol. Users 3 ". > 40,000 sq, ft. 1,988 10.00 238,560 12,344 744,360 Total 71,735 S 1,774,966 .,,.;i Total 85,083 11,820,112 E�OI'I SC Cd tt un : 7:281 d 1f ............ 118 CotlManatlattofEA.adW 11:dif0esae8 G11 a Lvt 66 Type of Customer # of Parcels/Lots Rate/Month TotalNear Residential -Single 83,053 $ 0.50 498,318 No. Meters Ratelmonth RevenueNear Family ICL Residential Duplex 539 2 12,936 Single Family and Duplex Commercial 31,651 3.30 1,253,380 71,375 $ 1.20 $ 1,027,800 Total 115,243 E 1,764,634 .:::Total $ 1,772,160 No. Parcels/Lots Ratelmonth RevenuefYear ICL Commercial < 10,000 sq. ft. 7,468 $ 3.00 $ 268,848 10,001 -20,000 sq. ft. 1,679 $ 6.00 $ 120,888 20,001 -40,000 sq. ft. 1,209 $ 8.00 $ 116,064 > 40,000 sq ft. 1,988 $ 10.00 $ 238,560 sub total 12,344 $ 744,360 Total 115,243 E 1,764,634 .:::Total $ 1,772,160 STORM WATER DEPARTMENT City of =c =us �h SURVEY OF STORM WATER DRAINAGE FEES SINOLEFAMILY RESIDENTIAL COMMERCIAL COMMERCIAL CITY RESIDENTIAL MONTHLY CLASS MONTHLY COMMENTS CONTACT CLASS RATE RATE *ABILENE ALL $ 1.85 ALL $.00097/SF-IA $10/MONTH MAX. - RESIDENTIAL Ms. Cassie Hughes $I00/MONTH MAX. - COMMERCIAL Phone # 915-676-6294 ALLEN ALL $ 2.75 ALL $18.72/ACRE $2.75'MONTH MIN. CHARGE Mr. Dennis Abraham Includes Mufti -Pam $50.00/MONTH MAX. CHARGE Phone # 972-727-0167 0-10,000 S.F. - IA $ 6.50 10,001-50,000 $ 13.00 50,001-100,000 $ 19.50 ARLINGTON ALL $ 1.30 100,001-200,000 $ 39.00 MULTI -FAMILY APARTMENTS Ms. Cindy Jackson 200,001-350,000 $ 78.00 BILLED AT $0.651UNIT/MONTH Phone # 817-059-6550 350,001-700,000 $ 130.00 700,001-1,000,000 $ 260.00 >1,000,000 S.F. - IA $ 390.00 AUSTIN ALL $ 5.79 ALL $94.62/SF-IA Ms. Cassandra Alexander Phone # 512-974-1492 CORPUS CHRISTI 0-5,000 S.F $ 1.75 5,001.10,000 $ 2.83 RESIDENTIAL RATES ARE DALLAS 10,001-21,800 $ 4.11 ALL $0.055/100SF-IA BASED ON LOT SIZE AS Mr. Jim McCaghren 21,801-43,600 $ 7.20 OUTLINED BY TIERS Phone # 214-670-3107 >43,600 S.F. $ 13.88 ALL $10.00/MONTH APT COMPLEX/UN IT $.50/MONTH COMMERCIAL MULTI -UNIT $20.00/MONTH FT. WORTH ALL $0.50/MONTH INDUSTRIAL $35.00/MONTH Environmental Protection Fee Mr. Clarence Reed RESIDENTIAL DUPLEX $1.00/MONTH MUNICIPAL $.75/MONTH Phone # 817-871-5465 NON-PROFIT $.75/MONTH 'These rates are curran being ed. If app roved, they will became effective on October 1, 2003. SURVEY OF STORM WATER DRAINAGE FEES SINGLE FAMILY RESIDENTIAL COMMERCIAL COMMERCIAL CITY RESIDENTIAL MONTHLY CLASS MONTHLY COMMENTS CONTACT CLASS RATE RATE D-7,000 S.F. $ 1.20 RESIDENTIAL RATES ARE GARLAND 7,001-10,000 $ 2.40 BASED ON LOT SIZE OR Mr. Phillip Welsch >10,000 S.F. $ 3.60 ALL $0.06/100 SF -IA ZONING CLASS (SF7,SF8). ONLY Phone # 972-205.2189 CHURCHES AND SCHOOLS ARE EXEMPT. 0-10,000 S.F.(LOT) $ 2.63 MULTI -FAMILY APARTMENTS **IRVING <5,000 S.F. $ 0.85 10,001-20,000 $ 5.26 BILLED AT $0.0035/YR/S.F. Ms. Karon Slddall >5,000 S.F. $ 1.18 20,001-40,000 $ 10.52 TOWNHOUSES 8 DUPLEXES Phone # 972-721-2772 >40,000 S.F. LOT $0.00351YR/S.F. CHARGED $0.85/MONTH/UNIT <10,000 S.F. $ 7.00 Mr. John Porter LAREDO ALL $ 0.75 10,000-40,000 $ 20.00 Mr. Lucky Roncinske >40,001 S.F. $ 40.00 Phone # 956-7941650 Ms. Patty Enriquez LUBBOCK PER WATER METER $ 4.99 PER WATER METER $33.12 Phone # 806-775-3160 MESQUITE ALL $ 3.00 ALL $0.050/100 S.F.-IA NO EXEMPTIONS Mr. D. J. Brouwer Phone # 972-216-6432 R6 -T $.96 NORTH R4 -SD $1.14 RICHLAND R -5-D $1.14 Mr. Lance Barton HILLS PER LOT R8 $1.44 PER ACRE $19.26 phone # 817-427-6400 R3 $2.22 R2 $2.58 R1 $3.42 0.1749 S.F. R1 $2.25 RESIDENTIAL RATES ARE BASED Mr. Michael Arthaud PLANO 1750-3450 S.F. R2 $3.30 ALL $0.056/100 S.F.-IA ON BUILDING FOOTPRINT SIZE Phone # 972-941-5267 >3450 S.F. R3 $4.25 AS OUTLINED BY TIERS 0-21,999 S.F. $ 12.83 RESIDENTIAL AND COMMERCIAL SAN 0-4999 S.F. $ 2.25 22,000-43,999 $ 35.10 RATES ARE BASED ON LOT SIZE ANTONIO >5,000 $ 2.98 44,000.86,999 $ 62.91 Ms. Yvonne Cruz 87,000-131,999 $ 108.42 APARTMENT AND PUBLIC LANDS Phone # 210-7047060 >131,999 S.F. $ 239.54 HAVE DIFFERENT RATES "Irving - City anticipates approval of a 10% increase across the board in September 2003 - effective date is undaterrnined. City of Corpus Christi Storm Water Capital Projects Funding Options October 28, 2003 Existing System • 100+ Miles Major Drainage Ditches • 700+ Miles Minor Drainage Ditches • 600+ Miles Underground Storm Pipe • 1800+ Miles Curb & Gutter • 2500+ Acres Drainage & Street ROW Mowing • 18,300+ Storm Inlets • 6000+ Manholes • 3 Pump Stations • 23 Storm Gates • 5 Storm Surge Protection Levee Gates • 107+ Bridges 2 Existing System Components Streets, Curbs & Gutters Receiving Waters (Creeks & Bays) Inlets & Laterals Major Open Channels Pump Stations - Downtown Minor Open Ditches Major Underground Box Structure 3 Funding Storm Water Improvements & Services Ell Council Action Regarding Drainage Funding • Deliberation since 1993 • Re -affirmed as a Council Priority in 2001 • Funding options revisited in 2002 • Further consideration per current Council Action Plan in October 2003 Storm Water Funding Needs • Existing Storm Water CIP Projects — currently over $90 million — Based Upon Existing Policy/Standards (LOP) — Pending consultant's revised cost estimates — Not All Inclusive — City/Developer Participation in New Development - Pending • Operation & Maintenance and Permit Compliance — $7.7 Million /yr. (FY 2003-04) Funding Approaches in Other Cities Sampling of Cities with a Drainage Fee: • Allen • Laredo • Arlington • Lubbock • Austin • Mesquite • Dallas • Irving • Ft. Worth • Plano • Garland • San Antonio • Houston • N. Richland Hills • Abilene Sampling of Cities/Counties Within a Drainage District: • Beaumont • Galveston • Lake Jackson/Brazosport • Pasadena • Port Arthur • Texas City • Nueces County — Districts 2&3 Funding Approaches 1. Continue Funding through Combined Utilities ater) Rate Adiustments 2. Formation of a Drainage District I General Obligation Bonds/Bond Election (Bond 2004 &beyond) 4. Adoption of Impact Fees 5. Adoption of Drainage Utility/Fee U. 1. Continue Funding through Combined Utilities (Water) • 2 % rate increase = • $1,627,000/year in revenue • $19.5 Million in project capacity (2004) E 2. New Drainage District • To Encompass City Limits & Industrial District Only — • Approx $ 2,124,000 /year in revenue for every 2 cent in property tax • $25.5 Million project capacity 10 3. G.O. Bonds Capital Improvements Only — • Approx $1,789,000 /year in revenue for every 2 cent on property tax rate • $21.5 Million project capacity 11 4. Impact Fees • Not Recommended • Only tends to address new development • Oriented towards very high construction growth • Difficult to administer 12 5. New Drainage Utility Fee (Recommended) • Capital Improvements Only — • Generating approximately $1,765,000 - $1, 820,000/year in revenue depending on option • $21.2 -$21.8 Million project capacity 13 Drainage Utility Fee Options Based on: • SA -Meter connections • SB -Parcel /Lot Size • SC - Land Use /Zoning (residential vs. commercial) • 5D - Combination of 5A & 5B 14 5A - Based on Number of Meters (Inside City Limits) • Fee Structure (Monthly) — Residential Single Family - $ 1.00 — Duplex - $3.00 — Commercial - $10.00 — Generates $4, 774,956 in annual revenue (equivalent of approximately 2% on Combined Utility rates) 15 5B - Based on Parcel/Lot Size (Inside City Limits) • Fee Structure (Monthly) — Residential /Duplex —<10,000 sq. ft - $ 1.00 —>10,000 sq. ft. -$ 2.00 — Commercial / Other —<10,000 sq. ft. — $3.00 — < 101001 — 201000 sq. ft. — $6.00 —<20,001 — 40,000 sq. ft. — $8.00 —<40,000 sq. ft. — $10.00 — Generates $1,820,112 in annual revenue (equivalent of approximately 2% on Combined Utility rates) 16 5C - Based on Land Use/Zoning (Inside City Limits) • Fee Structure (Monthly) — Residential Single Family - $ .50 — Duplex - $2.00 — Commercial / Other - $3.30 — Generates $1,764,634 in annual revenue (equivalent of approximately 2% on Combined Utility rates) 17 5D - Combination of Options SA & SB (Recommended) • Fee Structure (Monthly) — Residential / Duplex - $ 1.20/ meter connection — Commercial /Other - $3.00 - $10.00, depending upon lot size, capping at >40,000 square feet — Generates $1,772,160 in annual revenue (equivalent of approximately 2% on Combined Utility rates) m Implementation of Option SD — Residential Customers would be billed on monthly utility bills — Commercial Customers would be billed on monthly utility bill or on separate bill depending on property ownership — Only developed/improved property subject to fee — Fee would be capped at $10.00 per month on commercial /$1.20 per month on residential 19 Proposed Fee Structure I ,772,160 C Rate R,(- (%Hue No. of per pe r ICT B._.:'Residential Single Family and D11plex 71,375 .? L8 1 7,8�®q0 �$^ o. of f/§f '$( § �.�'. _J .� ft S. t1gR. E� ��$'-gyp 0d (, 8 C�Y.celsl lots 10,000 sq. ft. 71,468 3.00 S 48 268,848 10,0()1 -20,000 sq. ft. 1,679 6.00 S 1 x109888 20,001 .40,000 sq. ft, 11209 8.00 S 116,064 > 40,000 sq ft. 11988 1 OM S 238,560 sub total 121344 S 744,360 I ,772,160 C Next Steps? • Adoption of Capital Budget and Long -Range CIP ... December 2003 • Proposed New Fee ... FY 04/05 Budget Cycle ... effective August 01, 2004 • Adoption of Storm Water Policies..... August 2004 — Address: • Level of Protection (LOP) • City/Developer Participation 21 Questions 22 3 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion appointing Melody Cooper to the Corpus Christi Reinvestment Zone Number Two Board of Directors and reappointing the current members all to a term ending November 1, 2005. The following members are currently serving on this Board: Samuel L. Neal., Jr., Javier Colmenero, Brent Chesney, Rex Kinnison, John Longoria, Jesse Noyola, and Mark Scott. ISSUE AND BACKGROUND: The Board's main duties are to prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plans to the City Council for its approval. The Board consists of fifteen (15) members with two-year staggered terms. The city Council has the authority to appoint at least ten (10) members of the board. The remainder of the members shall be comprised of appointees from the respective governing bodies of eac taxing unit in the Zone other than the City. Each governing body may appoint one (1) member to the board but may waive its right to appoint a director if desired. The Nueces County Hospital District, Del Mar College, Nueces County and the Flour Bluff Independent School District have chosed to appoint members to this board. The board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. PREVIOUS COUNCIL ACTION: On May 21, 2002, the City Council passed a motion appointing seven members to the board: Javier Colmenero, Brent Chesney, Rex Kinnison, John Longoria, Samuel L. Neal, Jr., Jesse Noyola, and Mark Scott. Terms will expire on November 1, 2003. CONCLUSION AND RECOMMENDATION: City staff recommends that the Council appoint members to this Board so that the Board may preside over a meeting tentatively scheduled for November, 2003. A~ City Secretary 4 AGENDA MEMORANDUM City Council Action Date: October 28, 2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Ray's Welding frorn Corpus Christi, Texas in the amount of $84,991.35 for the RenovationlDevelopment of Existing Parks, Phase 2 at the following locations: (Bond Issue 2000) . Los Encinos Park, . Oak Park, . Surfside Park, and . West Guth Park ISSUE: As part of a Bond Issue 2000 package, on November 7,2000, city residents approved a proposition for the renovation/development of nine city-wide parks. This project is utilizing costs savings and interest earnings to provide additional park enhancements to four of the approved parks. FUNDING: Funding is available through the Park & Recreation Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the construction contract so a construction contract may be awarded and work may proceed. /" ~ iJo~ L.cJ'--B id Ondrias \) Acting Director of Park & Recreation I~~ j;~trL Jl(ngel R. Escobar, P. E., Director of Engineering Services It? /uAn . Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "0" Location Map H:\HOME\l YNDAS\GEN\PARKS\Bond Issue 2000 Pmiects\Rflnovations of Exislina Parks - PHASE 2\Memo.OOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Motion authorizing the City Manager, or his designee, to award a construction contract to Ray's Welding from Corpus Christi, Texas in the amount of $84,991.35 for the RenovationlDevelopment of Existing Parks, Phase 2 at the following locations: (Bond Issue 2000) . Los Encinos Park, . Oak Park, . Surfside Park, and . West Guth Park PRIOR COUNCIL ACTION: 1. November 14. 2000 - Ordinance canvassing returns and declaring the results ofthe Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. Januarv 30. 2001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $37,500 with Shiner, Moseley and Associates for the Renovation and Development of the following Existing Parks: . Los Encinos Park . Parker Park . South Bluff Park . St. Andrews Park (Motion No. 2001-029).\ 3. Januarv 30.2001 - Motion authorizing the City Manager, or his designee, to execute an architectural services contract in the amount of $50,01 0 with Bright + Dykemas Architects, I nc. for the Renovation and Development of the following Existing Parks: . Labonte Park . Oak Park . Surfside Park . West Guth Park (Motion No. 2001-030). 5. Januarv 15. 2002 - Ordinance approving the FY 2001-2002 Capital Budget (Ordinance No. 024730). 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. EXHIBIT "A" Page 1 of 2 H:\HOME\L YNDAS\GEN\PARKS\Bond Issue 2000 Projects\Renovations of Existing PsrXs - PHASE 2\BACKGRQUND.doc 4. Januarv 10. 2001 - Addendum NO.2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 5. Mav 14, 2003 - Administrative approval of a small engineering agreement with Dykemas Architects in the amount of $12,000 for the Renovation/Development of Existing Parks, Phase 2. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The Bond Issue 2000 package includes $30.8 rnillion in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and RecreationlMuseum, and Street Improvement projects. Proposition No.3 Parks and Recreation and Museum Improvements includes improvements to renovate and develop existing parks city-wide. Due to cost savings on Bond Issue 2000 Park projects, additional improvements will be completed at voter-approved park locations. The proposed project consists of making additional improvements to city parks to provide for improved ADA compliance, safety enhancements and replacement of deteriorated park equipment. PROJECT DESCRIPTION: The project consists of furnishing and installing (in four existing parks within the City) play structures, covered shelters, picnic tables, barbeque pits, trash containers, concrete trail additions and improvements and parking lot improvements with hot-mix asphaltic concrete (all to current A.D.A. standards), at the locations indicated and in accordance with the plans, specifications and contract documents BID INFORMATION: The project consists of a Base Bid and one deductive alternate. The city received proposals from eleven (11) bidders on October 1, 2003. (See Exhibit "C".) The bids ranged from $74,289.50 to $156,305.00. Two proposals were deemed non- responsive due to invalid bid bonds. Bridges Specialties of Sandia, Texas was the apparent low bidder, but their bid bond did not correctly identify the project. The legal department deemed their bid non-responsive and therefore concluded that they were not a responsive bidder. Ray's Welding Services of Corpus Christi, Texas was determined to be the lowest qualified bidder. The Engineer's estimated construction cost for this project is $106,000. The City staff recommend that based on lowest responsive bid, the full Base Bid be awarded in the amount of $84,991.43 to Ray's Welding Services of Corpus Christi, Texas for the Phase 2 Renovation and Development of existing parks at Los Encinos Park, Oak Park, Surfside Park, and West Guth Park. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by March 2004. FUNDING: Funds for this project are available in the FY 2002-03 Park & Recreation Capital Improvement Budget. EXHIBIT "A" Page 2 of 2 H:\HOME\l YNDA$\GEN\PARKS\Bond Issue 2000 Projecls\R6f1ovations Of Existing Parks - PHASE 2\BACKGROUND.doc RENOVATIONIDEVELOPMENT OF EXISTING PARKS, PHASE 2 LOS ENCINOS PARK OAK PARK SURFSIDE PARK WEST GUTH PARK PROJECT BUDGET October 28, 2003 FUNDS AVAILABLE: Ipark 2001 CIP Bond Fund ESTIMATED BUDGET I $ 112,491.351 FUNDS REQUIRED: Construction Cost (Ray's Weldino Services) $ 84,991.35 Construction Continoencies 8,500.00 DesiQn Consultant 12,000.00 EnQineerino Reimbursements 2,500.00 Construction Inspection 2,000.00 Administrative Reimbursements 1,000.00 Incidental Expenses (Printing, Advertising, etc.).................................. 1,500.00 Total..................................................................................................... $ 112,491.35 EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS Page 1 of 3 DEPARTMENT OF ENSIBRERII7O - CITY OF CORPUS CHRISTI, TEEAS TABULATED BY. "gal R.Racobar, P.E., Director of Engineering Services DATEt Wednesday, October 1, 2003 TIME OF COMPLETION: 120 Calendar Days ENOINEXR-9 ESTIMATE, $106,000 Renovation/Development of Existing Parke Phase 2: Los Encinos Park, Oak Park, Surfside Park set Guth Park - #3256-3257-3258-3259 ITEM DESCRIPTION OTT. UNIT *Ray's Welding Service 5746 Leopard St. C.C. TX 78408 assesses UNIT PRICE AMOUNT Camrett Corporation 3636 S. Alameda, Ste. B C.C. TX 78411 UNIT PRICE AMOUNT R.S. Parker Construction 455 Hereford C.C. TX 78408 UNIT PRICE AMOUNT Tame. -Pearson Const. Inc. 710 Buffalo, Ste 412 C.C. TX 78401 assesses UNIT PRICE AMOUNT A-1 Covered Shelter 3 EA $10,000.00 $30,000.00 $8,863.00 $26,589.00 $8,500.00 $25,500.00 $10,108.00 $30,324.00 w/foundation, integral table and benches, BBQ Pit, .,. and Detached trash container A-2 Concrete trail improvements 22 SY $136.36 $2,999.92 $54.00 $1,188.00 $55.00 $1,210.00 $37.00 $814.00 Subtotal Items A-1 thru A-2 832,999.92 527.777.00 $26.710.00 $31.138.00 B-1 Concrete trail improvements 162 SY $92.59 $14,999.58 $54.00 $8,748.00 58.748.00 $50.00 $8,100.00 $8,100.00 $104.00 $16,848.00 $16.848.00 C-1 Subtotal Items 8-2 Parking Lot Improvements 1 LS $13,000.00 514.999.58 $13,000.00 $31,400.00 $31,400.00 $35,640.00 $35,640.00 $35.640.00 $30,952.00 $30,952.00 530.952.00 D-1 Subtotal Items C-1 Play Structure Type "A" 1 EA $18,000.00 513.000.00 $18,000.00 $20,520.00 $31.400.00 $20,520.00 $24,350.00 $24,350.00 $21,283.00 $21,283.00 w/mulch and curb and bench D-2 Concrete trail improvements 409 SY $14.65 $5,991.85 $45.00 $16,405.00 $45.00 $18,405.00 $34.00 $13,906.00 Subtotal Items D-1 thru 1-2 923.991.85 $38.925.00 $42.755.00 $35.189.00 Total Base Bid (Parte A -B- .C --R) $84.991.35 $106.850.00 $113,205.00 5114.127.00 TOTAL BASE DID LESS PART A (PARTS B -C -D) *951,991.43 $79.073.00 $86.495.00 $82.989.00 *Contractor has rounded off total extensions to dollars only, if cents are part of unit price, total extensions moat include cents. **Non -Responsive bids are listed last and only for informational purposes, with explanation why it was non-responsive foot note. TABULATION O7 BIDS Page 2 of 3 DEPARTMENT 01 monteERxBO - CITY O1 CORPUS CRRISTI, TEYAB TABULATED SY, Angel R.Eacobar, P.E., Director of Engineering Services DATE. Wednesday, October 1, 2003 TIRE OF COMPLETION. 120 Calendar Days EEGINRSt'8 ESTIMATR. $106,000 Renovation/Development of Existing Parke Phase 2: Los Encina Park, Oak Park, Surfside Park est Guth Park - #3256-3257-3258-3259 ITS[ DESCRIPTION QTY. MaT DMB Construction P. 0. Box 71116 C.C. TX 78467 UNIT PRICE AMOUNT Sal Con Inc. P. 0.. Box 71771 C.C. TX 78467 OBIT PRICE ANDU" *Elite Construction 5414 Pressler C.C. TX 78413 UNIT PEKE AMOUBT -Barcom Commercial 1710 Padre Isl Dr, Ste.B C.C. TX 78416 050010100 UNIT PRICE AMOUNT A-1 Covered Shelter 3 EA $9,168.00 $27,504.00 $10,500.00 $31,500.00 $10,065.00 $30,195.00 $10,090.33 $30,270.99 w/foundation, integral table and benches, BBQ Pit, .., and Detached trash container A-2 Concrete trail improvements Subtotal Items 22 SY $76.50 $1,683.00 $74.00 $1,628.00 $231.82 $5,100.04 $108.00 $2,376.00 B-1 A-1 thru A-2 Concrete trail improvements 8ubtetal Items 162 SY $81.20 529.187.00 $13,154.40 $74.00 $33.128.00 $11,988.00 $67.90 $35.295.04 $10,999.80 $108.09 $32,646.99 $17,510.58 C-1 H-2 Parking Lot Improvements Subtotal Items 1 LS $27,590.00 513.154.40 $27,590.00 $35,410.00 911.988.00 $35,410.00 $58,000.00 910.999.80 $58,000.00 $31,691.00 $17.510.58 $31,691.00 D-1 C-1 Play Structure Type -A- 1 EA $27.590.00 535.410.00 $58.000.00 $31.691.00 ./mulch and curb and bench $31,263.00 $31,263.00 $30,000.00 $30,000.00 $14,137.00 $14,137.00 $35,066.00 $35,066.00 D-2 Concrete trail improvements ERbiotal Itams D-1 thio D-2 409 SY $77.20 $31,574.60 $62,837.80 $68.00 $27,812.00 $57.812.00 $67.90 $27,771.10 $41.908.10 $91.29 $37,337.61 $72.403.61 Total Base Bid (Parts A -B- ¢p) $132.769.20 $138.336.00 $146,202.94 $154.252.18 TOTAL BA88 SID L888 PART A (PARTS B -C -D) $103.582.20 5105.210.00 *5110.907.90 *$121.605.19 *Contractor has rounded off total extensions to dollars only, if cents are part of unit price, total extensions must include cents. *-Non-Responsive bids are listed last and only for informational purposes, with explanation why it was non-responsive foot note. TABULATION 07 BIDS - Page 3 of 3 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED B?+ xngal R.Eacobar, P.E., Director of Engineering Ssz Picea DATE, Wednesday, October 1, 2003 TIME OF COMPLRTION, 120 Calendar Days ENOINEER'8 BSTIIIATE, $106,000 Renovation/Development of Existing Parke Phase Z Los Bncinos Park, Oak Park, Surfside Pare West Guth Park - #3256-3257-3258-3259 Maltby Builders, Inc. P. O. Box 5083 Kingsville, TX 78364 I UNIT PRICE AMOUNT !•MAC Inc. P. O. Box 3251 Austin, TX 78764 UNIT PRICE AMOUNT "*Sridges Specialties 744 FM 1540 Sandia, TR 78383 UNIT PRICE AMOUNT UNIT PRICE AMOUNT ITRN DESCRIPTION QTY. UGIT A-1 Covered Shelter 3 EA $9,610.00 $28,830.00 $14,000.00 $42,000.00 $5,377.00 $16,131.00 $0.00 w/foundation, integral y table and benches, BBQ Pit, and Detached trash container A-2 Concrete trail improvements 22 SY $57.00 $1,254.00 $65.00 $1,430.00 543.430.00 $113.00 $2,486.00 518.617.00 $0.00 $0.00 B-1 Subtotal Items A-1 thxu A-2 Concrete trail improvements 162 SY $58.00 $30.084.00 $9,396.00 $75.00 $12,150.00 312.150.00 $47.50 $7,695.00 $7.695.00 $0.00 $232 C-1 Subtotal Items B-2 Parking Lot Improvements 1 LS $71,700.00 $9.396.00 $71,700.00 $37,140.00 $37,140.00 $37.140.00 $22,900.00 $22,900.00 $22.900.00 $0.00 $0.00 D-1 Subtotal Iter. c-1 Play Structure Type "A" $71.700.00 $0.00 w/mulch and curb and bench 1 RA $21,340.00 $21,340.00 $37,000.00 $37,000.00 $7,695.00 $7,695.00 D-2 Concrete trail improvements Subtotal Item D-1 thru D-2 409 SY $58.00 $23,722.00 545.062.00 $65.00 $26,585.00 $63.585.00 $42.50 $17,382.50 $25.077.50 $0.00 $2..00 Total Base Bid (Parts A -B- C=2) $156.242.00 8156.305.00 574.289.50 $23.0 TOTAL BASE BID LESS PART -A (PARTS B -C -D) 8126.158.00 **8112,875.00 **855.672.50 90.00 —Non -Responsive bids are listed last and only for informational purposes, with explanation why it was non-responsive foot note. NAC Inc. - wrong bid date on Bid Bond. Bridges Specialties - wrong project name on Bid Bond. \ /'/projeet \ eounei/exhibits \exhJ256,5 7,58. 59. dw rll6!4 WfST GUTH PARK OAK PARK ~ N SURFSIDE PARK . " CORPUS CHRISTI BAY GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 3256,3257,3258,3259 EXHIBIT "D" RENOVA TION I DEVELOPMENT OF EXISTING PARKS PHASE 2 (Bond Issue 2000 Project) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:l0/21/200J ~ -- - - - - 5 AGENDA MEMORANDUM DATE: October 28, 2003 SUBJECT: Wastewater Lift Station located Cimarron and Yorktown (Project No. 7285) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Coym, Rehmet & Gutierrez Engineering for a total fee not to exceed $138,990 for the Wastewater Lift Station located at Cimarron and Yorktown. ISSUE: The construction of a new lift station near the intersection of Yorktown and Cimarron is necessary to accommodate projected flows from a large portion of Sewer Planning Area No. 28. A new site is proposed for improved maintenance access and safety. Modifications to the adjacent gravity sewer lines and construction of a new force main are also included in the project. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~'- ~/~:>):>~ . 7',f- . (~/z?/o> Foster Crowell~{! ~gel R. Escobar, P. E., Director of Wastewater Department I Director of Engineering Services Additional SUDDort Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\USERS2\HOMEWElMAR\GEN\WASTEWAn7265\CONSUL TANT AGENDA\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Wastewater Lift Station - Cimarron and Yorktown (Project No. 7285) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. Februarv 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13.2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11. 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17. 2003 - Addendum NO.1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25. 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Auaust 4. 2003 - Letter Of Notification No.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. EXHIBIT "A" Page 1 of2 H\USERS2\HOME\VElMARIGENIWASTEWAn7285\ CONSULTANT AGENDA\.A..GENDA BACKGROUND PROJECT DESCRIPTION: This project includes the construction of a new lift station near the intersection of Yorktown and Cimarron to accommodate projected flows from a large portion of Sewer Planning Area No. 28. A new site is proposed for improved maintenance access and safety. Modifications to the adjacent gravity sewer lines and construction of a new force main are also included in the project. The proposed project consists of preliminary, design, bid, and construction phase services for the required improvements. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 2 of 2 H:\USERS2\HOME\VELMAR\GEMWASTEWAT\7285\ CONSULTANT AGENDAIAGENDA BACKGROUND CONTRACT SUMMARY Wastewater Lift Station - Cimarron & Yorktown (Project No. 7285) 1. SCOPE OF PROJECT This proiect includes the construction of a new lift station near the intersection of Yorktown and Cimarron to accommodate proiected flows from a la":Je portion of Sewer Planning Area No. 28. A new site is proposed for improved maintenance access and safety. Modifications to the adiacent Qravity sewer lines and construction of a new force main are also included in the nroiect. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Monday November 24, 2003 Begin Design Memorandum Monday January 26, 2004 Submit Design Memorandum Monday February 9, 2004 Begin Design Phase Begin Site Acquisition Friday April 9, 2004 60% Submittal Friday April 23, 2004 City Review Friday May 28, 2004 100% Submittal Friday June 11, 2004 City Review July 5 and 12, 2004 Advertise for Bids Monday (2) Complete Site Acquisition Tuesday July 20, 2004 Pre-Bid Conference Wednesday August 4, 2004 Receive Bids Tuesday August 17, 2004 Award Construction Contract Monday September 13, 2004 Begin Construction Monday March 14,2005 Construction Complete EXHIBIT "B" Page 1 of2 H:\USERS2\HOME\VELMAR\GEN\WASTEWAT\72S5\CONSUL TANT AGENDA\CONTRACT SUMMARY 4. FEES Fee for Basic Services 1. Preliminary Phase $14,600.00 2. Design Phase 66,650.00 3. Bid Phase 3,500.00 4. Construction Phase 14,850.00 Subtotal Basic Services Fees 99,600.00 Fee for Additional Services (Allowance) 1. ROW Acquisition Survey (AUTHORIZED) 3,750.00 2. Topographic Survey (AUTHORIZED) 3,380.00 3. Environmental Assessments TBD 4. Construction Observation Services 26,000.00 5. Start-up Services 1,660.00 6. Warranty Phase 1,750.00 7. Provide SCADA Documentation 2,850.00 Sub-Total Additional Services Fees Authorized 39,390.00 Total Authorized Fee $138,990.00 EXHIBIT lOB" Page 2 of 2 H;\USERS2\HOME\VELMAR\GEN\WASTEWAT\72BS\CONSUl rANT AGENDA\CONTRACT SUMMARY H: \Home \Mproject\ Councilexh \exh 7285.dwg NUECES BAY ~ N '-/ "" ::> w "" :; w o ~ CORPUS CHRISTI BAY 8EIJl F.M. 43 PROJECT LOCA nON OSo PROJECT No. 7285 LOCATION MAP NOT TO SCALE EXHIBIT "e" WASTEWATER LIFT STATION LOCATED AT CIMARRON AND YORKTOWN CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ~ -- - - - - CITY OF CORPUS CHRISTI, TEXAS DATE: 10-17-200J 6 AGENDA MEMORANDUM October 28, 2003 SUBJECT: Professional Minor League Baseball Stadium - Project No. 4310 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium. FUNDING: Funding will be supplied by the Corpus Christi Business and Job Development Corporation (4-A Board). 4-A Board proceeds do not require appropriation. RECOMMENDATION: Approval of the motions as presented. /" VI( ~~ /~J/n ~g I R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Site Map H:\HOME\KEVINS\GENIBasebaIIIAEPMMemo.doc BACKGROUND INFORMATION PROJECT DESCRIPTION: The contract provides for the geotechnical investigation and analysis necessary to design and construct a professional minor league baseball stadium. These services are necessary to provide information needed to design the foundation of the stadium. The investigation and services are limited to the actual site ofthe stadium. The stadium will be configured to "AA" standards with a capacity for 6,000 attendees. The project will be located on the site of the current cotton compress warehouses owned by the Port of Corpus Christ west of the Harbor Bridge (U. S. 181). See Exhibit C. The facility will front on Port Avenue with parking to be provided west of the site by the Port of Corpus Christi. Additional parking is to be developed south of the site. The site will include approximately 300 parking spaced forV.I.P and team use. The City is committed to construction of the facility in the amount of $15,000,000. This amount includes the extension of Tancahua to Port Avenue. GEOTECHNICAL SELECTION: Kleinfelder has an extensive history of providing geotechnical and materials testing services in the local area. Kleinfelder was operating as Trinity Engineering - TETCO until recently. The local office possesses good familiarity with the area and soil conditions. HKS and Wilson Kullman McCord requested the geotechnical investigation be assigned to Kleinfelder based on their prior working experience and the qualifications of Kleinfelder's local staff engineers. INVESTIGATION: The investigation will provide information about the geology and subsurface conditions necessary to provide foundation and pavement design and construction recommendations. Several shallow borings with a depth of approximately 15-feet will be made inside the warehouses. The use of shallow borings is necessary due to the limited overhead clearance that requires the use of a small drill rig. An additional eight borings will be made outside the warehouses to a depth of 80-feet. This requires the borings to be 40 to 50-feet from the proposed location of the actual seating bowl and main grandstand structure which is deemed acceptable. The investigation will include laboratory tests to characterize the physical properties of the soil. All field and laboratory work will be supervised by Kleinfelder's project engineer. The results of the field exploration and laboratory tests will be used in the analyses to provide the basis of their recommendations. The results will be submitted in a formal written report to the City. PRIOR ACTIONS: The 4-A Board has approved the project and issued a re-imbursement resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project. FUNDING: Funding is provided by proceeds administered by the 4-A Board. The City acts as the agent on behalf of the 4-A Board. Funding will be advanced from the 1/8 cent sales tax pending the issuance of bonds by the Board. The Board has approved a reimbursement resolution to permit repayment of expenditures. II EXHIBIT A I Page 1 of 1 H:IHOMEIKEVINSIGENIBaseballlgeotechnicaIIGeotechBkgExhA.doc EXHIBIT B CONTRACT SUMMARY Introduction: The City of Corpus Christi (City) is planning for construction of a new ballpark for a Division IT semi-professional team at a site located at the Port of Corpus Christi. The site, currently occupied by two large warehouses, includes slightly more than 11 acres of property, not including at- grade parking. The facility will include a seating bowl that will accommodate 6000 seats, stadium suites, concessions rooms, a press box, clubhouse, and other amenities associated with development of the stadium. We understand that the playing field will be placed directly on the existing warehouse floor elevation. The plan for new construction includes demolishing the superstructure of the warehouses and leaving their foundation systems and floor in place. This will require that several feet of new fill be placed in the alley between the warehouses to raise this area to playing field elevation. The playing field system, typically, includes about 18 to 24 inches of gravel, sand, internal drains, and the playing surface sod. Some or all ofthe Seating Bowl is proposed to be cast-in-place concrete on-grade. This will require the addition offill soil to create the slope of the bowl. The upper portion of the Seating Bowl may be structured concrete. The majority ofthe stadium block will be one-story cast-in-place structure to create usable space at street level and an elevated Main Concourse. Portions of the one-story concrete structure will have additional structures built above it. Two-story structural steel framing will create the Stadium Suites and Press Box plus its roof. Other one-story structures such as concession stands, restrooms, and ticket booths may be built of load bearing CMU walls with metal deck roofs. One area of the outfield Concourse will have a swimming pool built within the one-story concrete structure. We understand that estimated maximum column loads associated with the construction are: DOne-story cast-in-place concrete structures - 250 kips (possibly more at the swimming pool) DOne-story CMU buildings on top of one-story concrete structure - 300 kips o SuiteslPress Box building on top of one-story concrete structure - 500 kips The intent of this :investigation as described herein is to provide the owner and their :design consultants with information about the geology, and subsurface soil conditions, and to provide foundation and pavement design and construction recommendations. 630YPGlOO/CCH3PlOO P.d?YllW~)' ~risti, Texas 78469 Page I ofS (3611854-4774 . (361) 854-4924 fax October IS, 2003 EXHIBIT B CONTRACT SUMMARY Exploratory Borings: We understand that the site was developed many years ago (at least 50 years) with the present warehouses by the Port of Corpus Christi. As part of the site development the land surface was raised will dredge spoil materials. After placement of the dredge spoils, the area was "capped" and construction of warehouses was begun with placement of additional fill and shallow foundation systems. Review of available geologic mappings of this area indicate that the dredge spoils should be underlain with alluvium and island barrier deposits ofthe Beaumont Formation. We concur with the number of exploratory borings requested by IlKS. However, because oflimited overhead clearance and access due to the warehouses, the boring will be located outside the warehouses. This will require that some borings be moved about 40 to 50 feet from ilie proposed locations, which in our opinion is acceptable. To evaluate the existing fill material below the warehouses floors and evaluate subgrade conditions for the new parking lot, we propose iliat several shallow interior borings be conducted within the warehouses. These borings will be drilled and sampled with drill rig mounted on a I-ton pickup that has low overhead clearance requirements. In summary we propose that the field exploration program include a total of 16 soil borings at the site to explore subsurface soil and groundwater conditions. The schedule of soil borings along with the proposed boring depths is provided below. Boring Location Proposed Number Proposed Depth of Borings of Borin s ft. Exterior Borings 8 80 ft. each Interior Borin 8 10 to 20 ft. each The depth to groundwater will govern the depth of interior borings. These borings will be extended to to of oundwater and ilien terminated. Each hole will be plugged wiili cuttings to a depth of about IS feet upon completion. The top IS feet of the borehole will be grouted with a cement-bentonite-water mixture. We will make short-term observations for ground water during the drilling operations. The observations will be made during drilling and sampling and then some 10 to IS minutes after water is initially enc01.lIltered. This investigation in no way should be considered as a comprehensive ground water exploration. The exterior soil borings will be drilled using our truck -mounted drill rig. The interior borings, due to limited overhead clearance, will be drilled using a I-ton pickup mounted rig. We plan to recover undisturbed samples of cohesive clay soils for laboratory testing and analysis. Standard Penetration tests (SPT) will be conducted in non-cohesive soils and "soft" cohesive soils that cannot be sampled using thin-walled tube samplers. All recovered samples will be properly labeled, wrapped, and sealed. All samples will be returned to our laboratory where they will be reviewed and representative samples selected for testing. 630YPGlOO/CCIDPlOO p.O~~OO3, ~<l!Iiristi, Texas 78469 Page 2 of5 (361) 854-4774 . (361) 854-4924 fax October 15,2003 EXHIBIT B CONTRACT SUMMARY 1 We will provide a graduate geologist to coordinate the ijeld operations and to log the borings in the field. This will help to expedite completion of the field operations. Laboratory Testing: The recovered soil samples will be tested in our laboratoryusingthe following tests intended to characterize the soil physical properties. This information is required for our analysis of foundation and pavement support systems. o Atterberg Limits Test (liquid limit, plastic limit and plasticity index) o Percent Passing #200 Sieve o Moisture Content o Unit Dry Weight o Pocket Penetrometer Consistency o Unconfined Compressive Strength . 0 Unconsolidated-Undrained Triaxial Shear Strength o One-Dimensional Consolidation o Sulfate and Chloride Content o Soil Box Resistivity and pH Test Engineering Analysis, Recommendations, and Report: Our project engineer will supervise the field and laboratory investigations and prepare the geotechnical engineering report. All the results of the field exploration and laboratory tests will be used in our analyses and provide the basis for our recommendations. We will provide the results of our investigation in a formal written report. The report will include a boring location plan, boring logs and laboratory test results. The report will also describe our analyses and evaluations of potential foundation systems based on the particular soil conditions encountered at the site. The information requested in the HKS letter dated October 13, 2003 will be provided in the report. Recommendations to be provided in the report includes the following: o Suitable foundation system(s), recommended bearing depth and bearing pressures, settlements, and construction considerations. o Slab-on-grade construction, including sub grade preparation to reduce movements to acceptable levels. o Bearing capacity and settlement potential of typical embankment fill for bowl seating. o Backfill requirements and lateral earth pressure values for retaining walls, both active and passive earth pressures. o Potential movements due to expansive soils and means of reducing those movements. o Drainage considerations for below ground slabs. o Information for consideration of seismic design. o Corrosion potential of buried steel/metal and concrete components. o Earthwork recommendations. o Pavement recommendations including pavement subgrade preparation, pavement material properties, and section thicknesses for both flexible (asphalt) and rigid (concrete) pavements. 630YPGlOO/CCH3Ploo P.O~~'~iltPiristi, Texas 78469 Page 3 of5 (361) 854-4774 . (361) 854-4924 fax October 15, 2003 EXHIBIT B CONTRACT SUMMARY We will provide a total of three copies of the geotechnical report for each project. Construction documents (plans and specifications) will be reviewed to confirm that the recommendations contained in the report have been properly interpreted and incorporated into the project design. Schedule: We are prepared to begin the work within two to three working days after receiving a notice to proceed assuming favorable weather conditions and the borings locations are accessible to our truck mounted equipment. Prior to commencing the field work, locations of underground utilities below the site should be determined. It should be noted that this process takes a minimum of two [2], but usually three [3], working days to complete. Once underground utilities are located, we will begin the soil borings. The following is a summary of the anticipated schedule. Task Scbedule Field Operations 8 working days(l) Laboratory Testing 7 working days('2X3) Verbal Recommendations 5 working days('2) Final Reoort 2 to 3 weeks(2) Notes: (1) From the time underground utilities are located. (2) From the time field operations are completed. (3) Except for consolidation testing which will take up to 13 dayS to complete. Estimated Cost: The total estimated cost of our work is $33,400. We will complete our assignment as we now understand the scope for this lump sum fee. We will not exceed this estimate total unless the project work scope changes and unless written authorization is received. If services beyond our above stated scope are requested, they will be performed at the rates provided in Attachment B. This fee includes location of the borings at the site and coordinating an underground utility search at each site. The fee assumes that the boring locations will be accessible to our truck mounted drilling rig and support vehicles and that these vehicles can negotiate the site under their own power without assistance. Surveying and Access to Boring Locations: The fee estimate above aSSUmes that the owner will provide right-of-access to the property and that the site is accessible to our truck mounted drill rig. This fee estimate assumes that our truck mounted drill rig and support vehicles can negotiate the sites under their own power without assistance. Borings will be located in the field by measuring from existing site features (buildings, property comers, etc.) and estimating right angles. 630YFGlOO/CCH3PlOO P.ocftllNi~~. ~fr~risti. Texas 76469 Page 4 of5 (361) 654-4774 . (361) 654-4924 fax October 15, 2003 EXHIBIT B CONTRACT SUMMARY Description Unit Price Fee 1.0 Field Exploration Services 1.1 Mobilization and De-Mobilization of Truck Mounted Drill Rig, Crew and Support Vehicles 1.2 Drilling and Sampling Charges a.) 0 to 50 ft. b.) 50 to 100 ft. $180.00 lump sum 1.3 Borehole Grouting 1.4 Subcontract Services (If Necessary) $12.50 per foot $16.50 per foot $2.00 per foot Cost + 20% 2.0 Laboratory Testinl! 2.1 Atterberg Limits Tests 2.2 Percent Passing #200 Mesh Sieve 2.3 Moisture Content, only 2.4 Unit Weight and Moisture Content 2.5 Pocket Penetrometer Consistency 2.6 Unconfined Compressive Strength 2.7 Unconsolidated-Undrained Triaxial Shear 2.8 One Dimension Consolidation 2.9 Sulfate & Chloride Content 2.10 Soil Box Resistivity & pH $60.00 each $26.50 each $8.50 each $26.50 each No Charge $26.50 each $50.00 each $500.00 each $75.00 each $160.00 each 3.0 Enl!ineerinl! and Technical Services 3.1 Senior Geotechnical Engineer (p.E.) 3.2 Staff Geologist 3.3 Draftsman/Computer Operator 3.4 Administrative Assistant $100.00 per hour $65.00 per hour $40.00 per hour $42.00 per hour The unit prices stated above will apply for the work scope described in Attaclunent A. We will not perform additional work outside the present work scope without prior consultation and approval. Subcontract services, if necessary, will be charged at cost + 20%. 630YPOlOO/CCH3Ploo CoovriRht 2003, Kleinfelder P.O. BOx '1293 . Corpus Christl, Texas 78469 Page 5 of5 (361) 854-4774 . (361) 854-4924 fax October 15, 2003 File : \t.lproject\councilexhibits\exh4310.dwg PROJECT LOCA nON ~ N NUECES BAY AGNES '" ~ CORPUS ~ OlRISTI " INTERNATIONAl ~ .... AIRPORT CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PROJECT SITE . CORPUS CHRISTI BAY . VICINITY MAP NOT TO SCALE EXHIBIT "G" CITY PROJECT No. 4310 CITY OF CORPUS CHRIST/, TEXAS PAGE: 1 of 1 DA TE: 10 28 2003 ~ -- - - - - - - PROFESSIONAL MINOR LEAGUE BASEBALL STADIUM CITY COUNCIL EXHIBIT DEPARTMfNT OF fNGINffRING SfRV/CfS 7 AGENDA MEMORANDUM October 28, 2003 SUBJECT: Corpus Christi Airport Roadway and Parking Lot Improvements Phase 2 (Project No. 1019) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 (Entrance Roadway) with Bay, Ltd. in the amount of $823,964.21 for the Corpus Christi International Airport Roadway and Parking Lot improvements Phase 2. FUNDING: Funds for this project are available Airport and Storm Water Capital Project Funds. RECOMMENDATION: Approval of the motion as presented. ( ~/~-e~ Dave Hamrick Director of Aviation 1~ >!~ ~A~~ -,;fgi . Escobar, P.E. Director of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Change Order Summary Exhibit C: Location Map H:\HOMEIKEVINS\GEN\AIR\98IMPRVNUandside\^C012Memo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: The project was divided into phases to ensure funding would be adequate to address the work required. Subsequent events of September 11 and the resulting changes in security regulations required the modification of the plans to allow the utilization of short-term parking and the rental car parking lots. Phase 1 of the project encompassed the loop roadway, service roads, additional parking, improved lighting, and landscaping. The entrance roadway which was to part of the CHANGE ORDER: Phase 2 was originally designed to provide an urban roadway section with curb, gutter, and underground drainage and landscaping. A decision was made to conserve capital funds so they could be reserved for business and economic development opportunities as they arise at the Airport. Phase 2 will reconstruct International Drive between S. H. 44 and the Loop Roadway. The reconstruction will include base base repairs and an overlay of new pavement. The Change Order provides for increased funding of landscape improvements. The current pattern of surface drainage swales will be maintained. The culverts that cross under International Drive will be replaced with larger culverts to accommodate future drainage improvements and additional development. PRIOR COUNCIL ACTION: Prior Council Action: March 24. 1998 - Motion authorizing the City Manager to execute a contract in the amount of $129,000 with Russell-Veteto Engineering, Inc. (M98-088). Auqust 25. 1998 - Resolution approving the financial feasibility plan to fund the 5-Year Capital Improvement Program for CCIA, including the Terminal Reconstruction program (Res. 023426). March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA (M99-089). Julv 20. 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No.7 & 10). November 30. 1999 - Motion approving Amendment NO.2 with RVE, Inc. in the amount of $385,000 for engineering services associated with the roadway/parking lot improvements (M99-414). December 18. 2001 - Approval of the roadway/parking lot design for Corpus Christi International Airport (M2001-482). Januarv 15. 2002 - Adoption of the Capital Budget (Ord. 024730), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects NO.4 & 5). January 29. 2002 - Motion approving Amet;1dment No.6 with RVE, Inc. in the amount of $146,150 for engineering services associated with revisions of construction EXHIBIT A Page 1 of3 H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andslde\^C012BkgExhA.doc documents for the roadway/parking lot improvements to address FAA security regulations (M2002-037). Julv 9. 2002 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $6,541,301.99 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 1 (M2002-199). October 8. 2002 - Motion authorizing the City Manager to execute Amendment NO.1 to the contract for construction materials testing, laboratory and inspection in the amount of $40,062 with PSI. (M2002-338). December 17. 2002 - Motion approving Amendment No.8 with RVE, Inc. in the amount of $165,665 for engineering services associated with Corpus Christi International Airport roadway and parking lot modifications for long term covered parking improvements (M2002-414). April 8. 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order NO.6 in the amount of $87,208.84 with Berry Contracting, LP (dba Bay Ltd.) for modifications of fences, waterlines, detours, road repairs, inlets and other modifications for the Airport Roadway and Parking Lot Improvements, Phase 1 (M2003-138). Prior Administrative Action: June 28. 1998 - Approval of Amendment No. 1 to the contract with Russell-Veteto Engineering, Inc. to reduce construction phase services and the authorized contract fee by $5,400 for a new total of $123,600. February 9.2000 - Approval of contract with Professional services Industries, Inc. (PSI) in the amount of $13,185 for geotechnical engineering and testing. Mav 2. 2000 - Approval of Amendment Nq. 1 to the contract with Professional services Industries, Inc. (PSI) in the amount of $959 for geotechnical engineering and testing. October 27.2000 - Approval of Amendment No.3 with RVE, Inc. in the amount of $6,965 for investigation of additional parking lot lighting. December 29. 2000 - Approval of Amendment NO.4 with RVE, Inc. in the amount of $14,990 for revision ofthe construction phasing plan. January 17. 2002 - Approval of Amendment No. 5 with RVE, Inc. in the amount of $24,177.62 for preparation of conceptual alternatives and presentation materials to address revised FAA security requirements. Auqust 20. 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000.00 for preparation of conceptual layouts of the covered parking lot and underground drainage for the entrance road. Auqust 28, 2002 - Approval of a contract with PSI in the amount of $21,270 for construction materials, laboratory inspection and testing services. September 23. 2002 - Approval of Change Order NO.1 with Bay, Ltd. in the amount of $0.00 to clarify wage rate determination. November 8. 2002 - Approval of Change Order No.2 with Bay, Ltd. in the amount of $24,514.63 for additional demolition, disposal of fuel contaminated soil, environmental delays, and acceleration to complete Phase 1 by October 25, 2002. EXHIBIT A Page 2 of 3 H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andside\^C012BkgExhA.doc November 19, 2002 - Approval of Change Order No.3 with Bay, Ltd. in the amount of $24,275.00 to provide new parking lot cross section for rent car lot in lieu of pavement repairs and overlay. January 29. 2003 - Approval of Amendment No. 9 with RVE, Inc. in the amount of $23,500.00 for additional construction phase services, modification of pavement design, and runway end drainage/grading modifications. March 7. 2003 - Approval of Change Order No.4 with Bay, Ltd. in the amount of $24,342.02 for removal stabilized material, wet material from work area, additional moisture barrier and waterproofing, additional storm water junction boxes, and water line modifications. March 31. 2003 - Approval of Change Order No. 5 with Bay, Ltd. in the amount of $24,604.43 for temporary paving, cement base stabilization, additional hot mix asphaltic concrete paving, and pavement repairs. April 28. 2003 - Approval of Change Order No. 7 with Bay, Ltd. in the amount of $24,656.97 for temporary paving, repair of wet base, additional fencing, additional paving, and one additional fire hydrant. April 30. 2003 - Approval of Change Order No. 8 with Bay, Ltd. in the amount of $24,871.95 for additional east entrance to parking lot. Julv 3.2003 - Approval of Change Order NO.9 with Bay, Ltd. in the amount of $24,090.49 for secondary subgrade stabilization, electrical ductbank and conduit, exit plaza data/voice communication, mobilization for out of sequence utility work, and additional fencing. Julv 9.2003 -Approval of Change Order No. 10 with Bay, Ltd. in the amount of $23,700.00 for additional subgrade work in Signature parking lot. Auqust 15. 2003 - Approval of Change Order No. 11 with Bay, Ltd. in the net amount of $22,966.69 for modification of conduit systems, revenue/access systems, parking lot lighting, deletion of storm drains, add 18" drainage line, pavers for handicapped ramps, toll building carpet, communications rack at toll plaza building, roof drain connectors, modification of parking lot inlet transitions, and concrete paving at access control. FUTURE COUNCIL ACTION: Council will be requested to act on the following items: . Award of change orders that may be necessary during the entrance roadway reconstruction; . Award of a construction contract for covered parking; and . Award of a contract for engineering inspection, laboratory and materials testing services. RECOMMENDATION: Approval of the motion as presented. EXHIBIT A Page 3 of 3 H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andslde\^C012BkgExhA.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August26,2003 PROJECT: CCIA ROADWAY & PARKING LOT IMPROVEMENTS PROJECT NO: 1019 APPROVED: BY CITY COUNCIL ON 7/9/02 BY MOTION NO: M2002-199 CONTRACTOR: BAY, L TO. P.O. BOX 9908 CORPUS CHRISTI, TEXAS 78469 TOTAL CONTRACT AMOUNT...................... 25% Limit Amount.......................................... Change Order NO.1 (9/23/02) ....................... Change Order NO.2 (11/8/02) ....................... Change Order NO.3 (11/19/02) ..................... Change Order No.4 (2/26/03) ....................... Change Order No.5 (3/21/03) ....................... Change Order No.6 (3/24/03) ....................... Change Order No.7 (4/28/03) ....................... Change Order NO.8 (4/30/03) ....................... Change Order NO.9 (7/3/03) ......................... Change Order No. 10 (7/9/03) ....................... Change Order No. 11 (8/15/03) ..................... Change Order No. 12 (10/28/03) .................. Total.......................................................... H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andside\^C012SumExhB.doc $6,541,301.99 1,635,325.50 0.00 24,514.63 24,275.00 24,342.02 24,604.43 87,208.84 24,656.97 24,871.95 24,090.49 23,700.00 22,966.69 823,964.21 1,129,195.23 = 17.3% < 25% File : \Mpro 'ect\councilexhibits\exh 1019.dwg 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS Son Patricia County F.... 62<4 ~ ~ ~ f iii ~ ~ ~ ~ 12 N ~ I!l ~ 2 y HWY .. NUECES BAY I ~ CORPUS CHRISTI BAY 12 ;!O ~ PROJECT LOCA nON ~ ~ LOGA nON MAP NOT TO SCALE <>l> HWY 44 (AGNES ST) :\ i ! \ i]L_- [J ~ AIRPORT ENTRANCE ROADWA Y N mj " lID AIRPORT PARKING LOT AIRPORT TERMINAL SITE LAYOUT NOT TO SCALE EXHIBIT "e" CITY OF CORPUS CHRISTI, TEXAS PAGE: 1 of 1 DATE; 10 23 2003 ~ --I - - - - -"- CORPUS CHRISTI AIRPORT ROADWAY AND PARKING LOT IMPROVEMENTS PHASE 2 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/28/03 AGENOA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a lease agreement with Ability House, LTD., DBA Lighting Connect, for the operation of wireless internet services at the Corpus Christi International Airport at no charge to the City of Corpus Christi or those who utilize the wireless internet service, for a period not to exceed one year, with the option to extend for four additional one year terms; and declaring an emergency. ISSUE: This will provide a wireless internet service for the customers at our airport seven days per week between the hours of 5:00am and 11 :OOpm (CST). REQUIREO COUNCIL ACTION: All Ordinances require Council consideration for approval. PREVIOUS COUNCIL ACTION: None FUNOING: N/A CONCLUSION ANO RECOMMENOATION: Staff recommends adoption of the wireless internet agreement. n_ ~.,./,... Department Head Signature Attachments: Background Information with Lease Summary BACKGROUND INFORMATION 10/28/03 Airport staff has received numerous requests from the traveling public for wireless internet service. Ability House, Ltd., DBA Lightning Connect, a Corpus Christi company, approached the airport and offered to provide the service at no charge to either the City or those who utilize the service such as our customers, tenants, and others. The agreement is for one year with four one year extensions. The standard lease clauses concerning nondiscrimination, assignment, insurance and termination are included as part of the agreement. Staff is also working on an additional agreement with a company that will provide limited (restricted line-of-sight) wireless service as well as hard-line computer internet access, power and charging facilities. AGREEMENT FOR WIRELESS INTERNET SERVICES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT THIS AGREEMENT is between the City of Corpus Christi, a Texas home-rule municipal corporation, ("City") and Ability House, Ltd. DBA Lightning Connect, ("Provider"). WITNESSETH WHEREAS, the City owns and operates the Corpus Christi International Airport ("Airport"); and WHEREAS, the City has determined that wireless internet service is appropriate in the passenger holding area of said Airport; and WHEREAS, Provider has offered to operate wireless internet services at said Airport. NOW, THEREFORE, in consideration of the rentals, undertaking and covenants recited herein, the parties covenants as follows: 1. Premises. The City agrees to grant Provider the right of entry and access, across, over and within the Airport's property and premises for the installation and maintenance of antenna required for fixed wireless internet service in the passenger holding area as shown on the attached and incorporated EXHIBIT "A" hereinafter called ("Premises"). City retains the right to require Provider to physically adjust, relocate, or remove equipment, within reason at its own expense. The Director shall give the Provider sixty (60) days advance notice of any such move if possible. Airport will direct and approve the installation work done by Provider and its authorized personnel, in order to assure that all work is done in a manner that is satisfactory to the Airport. Provider warrants that it will install related equipment in accordance with good engineering practices and industry standards. 2. Term. The term is for one year, commencing upon City Council approval, with the option to extend for four additional one year terms, upon the written approval of the City Manager, or his designee, ("City Manager") and an authorized representative of Provider. 3. Consideration. Provider agrees to the above stated service at no charge neither to the City or those who utilize the wireless internet service. 4. Use of Premise. Provider may install, maintain, operate, repair, and remove wireless internet equipment providing wireless intemet access to occupants of the passenger holding area subject to compliance with all applicable Federal, State, and local laws and regulations. The Director may adopt and enforce reasonable rules and regulations with respect to the use of the Airport, Terminal, and related facilities which Provider agrees to obey and observe. 5. Facilities and Services Provided By City. The City Shall: A. Keep in good condition and repair the roof, the exterior face of all exterior walls, the foundation, and the major building system (plumbing, electrical, and mechanical) of the Terminal. B. Provide adequate heat, air conditioning, and ventilation volume. C. Maintain and repair utility, heating and air conditioning systems supplied by the City. D. Provide finished floors. E. Extend to Provider the same fire and police protection and other services extended to other tenants. F. Ensure that access to Provider's Premises complies with all applicable provisions of the Americans with Disabilities Act of 1990, as it may be amended from time to time. 6. Services and Equipment furnished by Provider. The Provider shall: A. Provide, furnish, construct, install and maintain at its own expense all antenna equipment related to providing a wireless internet environment in the passenger holding area which may include antennas, masts, wires, cables and other wireless communication devices. All equipment furnished and installed by Provider remains the property of Provider during this Agreement and does not become real property or a part of the terminal, regardless of whether or by what means it is or may be attached or affixed to the Terminal. B. Provide wireless internet access services within the Premises seven (7) days a week from SAM to 1 1 PM, Central Standard Time. 7. Nondiscrimination. Provider, in exercising any of the rights or privileges herein granted to it, must not on the grounds of race or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. The City is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 2 8. Trademarks/Signs. Provider may operate the Premises under any trademark, logo or service mark permitted by applicable laws or regulations. 9. . Assignment/Subletting. This Agreement must not be assigned, transferred, pledged or otherwise encumbered, without the prior written approval of the City. Provider shall not sublet the use or operation of any part of the Premises, nor utilize the Premises for any purpose other than set out in Section 4, without the prior written approval of the City. Notwithstanding the foregoing, the Provider, upon written notice to the Director of Aviation, may sublet the Premises, or assign or transfer this Agreement, to a corporation or financial institution with which it may merge or consolidate or to any parent, affiliate or subsidiary of the Provider. 10. Insurance. Provider must acquire and maintain General Liability coverage with minimum limits of $1,000,000 Combined Single Limit during the term of this agreement. The City of Corpus Christi must be named as an additional insured on said policy. General Liability policy must not be cancelled, non-renewed or materially changed without thirty (30) days written notice of to the City of Corpus Christi, Director of Aviation. The amount and types of coverage may be revised by the City's Risk Manager on an annual basis. The Risk Manager will notifY Provider of any change in the amount or type of coverage 90 days prior to any anniversary date of this Lease. Certificates, or other evidence of insurance coverage required of the Provider in this Article, must be delivered to the Director in form and content satisfactory to the City's Risk Manager. At least-thirty days (30) prior to the expiration of any such policy, the Provider must submit to the City's Risk Manager and the Director a certificate showing such insurance has been renewed or replaced. If such coverage is canceled or reduced, the Provider must, within thirty (30) days after the date of such written notice from the insurer of such cancellation or reduction of coverage, file with the City's Risk Manager a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Protection against loss by fire or other casualty to the contents of the premises is not City's obligation. Provider understands and agrees that the minimum limits of the insurance herein required may become inadequate, and the Provider agrees that it shall increase such minimum limits upon receipt of notice in writing from the City's Risk Manager. City's Risk Manager may take note of indemnification awards being granted by the courts and direct an increase in the minimum limits of the insurance requirements at any time during the lease term, such increases, ifany, will be limited to ten (10%) percent of the rate in effect at the time of the !Dcrease. Provider must provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of Provider under this Agreement. Provider agrees that all such claims, whether processed by Provider or its insurer either directly or by means of an agent, will be handled by a person or representative of the Provider. If at any time the Provider fails to obtain the insurance as required herein, the City may obtain such insurance by taking out policies with companies satisfactory to the City's Risk 3 Manager. The amount of the premiums paid for such insurance by the City must be payable by the Provider to the City with the installment of rent thereafter next due under the terms of this Agreement, with interest thereon at the rate of eight percent (8%) per annum 11. Indemnity. Provider must indemnify and hold Landlord, its officers, agents, and employees ("lndemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments rec:overed from or asserted against Indemnitees on account of injury, death or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act of omission, negligence, or misconduct on the part of Provider or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees when any such injury, death or damage may in any way arise from or out of the improvement(s) located by Provider on the Premises herein, or out of the use or occupancy of any improvement(s) by Provider. These terms of indemnification are effec:tive whether such injury ,death or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if such damage or injury results from gross negligence or willful misconduct of Indemnitees. Provider covenants and agrees that if Indemnitees are made a party to any litigation against Provider or in any litigation commenced by any party, other than Provider relating to the Agreement, Provider shall defend Indemnitees upon receipt of reasonable notice regarding commencement of such litigation, with an attorney approved by Indemnitees. 12. Termination. 1. By City: In addition to any other termination rights contained in this Agreement, the agreement is subject to termination by City in the event anyone or more of the following events occur: A. Cessation of operations by Provider hereunder. B. Non-performance of any covenant of this Agreement, and failure of Provider to remedy such breach or diligently pursue remedy within five (5) days, after Director sends Provider written notice of the existence of said breach. C. Provider becomes permanently deprived of the rights, powers and privileges necessary to the proper conduct of its operations at the Premises. D. If Premises are damaged by fire or other casualty, City may terminate this Agreement. E. Thirty (30) days after giving written notice of termination to the Provider. 4 2. By Provider: In addition to any other termination rights contained in this Agreement, this Agreement is subject to termination by Provider in the event anyone or more of the following events occur: A. The permanent abandonment or closure of the Corpus Christi International Airport as an air terminal. B. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof in such a manner as to substantially restrict Provider there from for a period in excess of ninety days. C. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period in excess of ninety days. D. The default by the City in the performance of any covenant or agreement herein required to be performed by the City, and the failure of the City to remedy such default within ten (10) days after written notice by Provider to Director to remedy the same. E. Thirty (30) days after giving written notice of termination to the Director of Aviation. 3. Removal of Equipment upon Expiration or Termination. Upon termination or expiration of this Agreement, Provider may remove all removable fixtures and equipment installed by Provider, so long as Provider removes same within thirty (30) business days after termination or expiration of the Agreement. Any damage to the Premises caused by Provider's removal of its property must be repaired within fifteen (15) business days after the removal by Provider, at Provider's expense, and to the satisfaction of the Airport. Notwithstanding the foregoing, if Provider fails to remove its removable fixtures and equipment within thirty (30) days from the date of termination or expiration of this Agreement, then the Airport may take title to the said property and sell, lease or salvage the same, as permitted by law. Any net expense the Airport incurs in disposing of the property must be paid by Provider within ten (10) days of the Airport's written demand therefore. The Airport will provide Provider with a written itemized breakdown of the costs recaptured, if any, by the sale, lease or salvage of the property, and the balance due, which must be paid by Provider upon receipt of said itemized breakdown. 5 13. Notices. All notices, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations under this Agreement by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if sent by certified mail, return receipt requested, postage prepaid, and addressed to the parties set forth below: City: City of Corpus Christi 1000 International Dr. Corpus Christi, Texas 78406 Attention: Director of Aviation Provider: Ability House, Ltd. DBA Lightning Connect P.O. Box 271597 Corpus Christi, TX 78427-1597 Attention: Mr. George Hudson, CEO Phone: 361-991-2194 Fax: 361-779-2769 Either party may from time to time designate, by notice to the other, which shall then become a new address of the party who shall give such notice. 14. Attorney's fees. If there is any legal or arbitration action or proceeding between the City and the Provider to enforce any provision of this Agreement or to protect or establish any right or remedy of either the City or the Provider hereunder, the unsuccessful party to such action or proceeding will pay to the prevailing party all costs and expenses, including reasonable attorney's fees (including allocated costs of Provider's or City's in-house attorney) incurred by such prevailing party in such action or proceeding and in any appearance in connection therewith, and if such prevailing party recovers a judgment in any such action, proceeding or appeal, such costs, expenses and attorney's fees will be determined by the court or arbitration panel handling the proceeding and will be included in and as a part of such judgment. 15. Sponsor Assurance. This agreement is subject to the terms of any Sponsor's Agreements between the City and the Federal Aviation Administration. 6 16. Entirety clause. This Agreement constitutes the entire agreement between the City and Provider. Each party who signs this Agreement by his signature stipulates that all actions necessary to authorize this Agreement have been taken. Signed on ,2003 A TrEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K. Noe, City Manager Approved as to legal form this day of .2003. By: John P. Burke, Jr. Assistant City Attomey For City Attorney PROVIDER: ABILITY HOUSE, LTD. DB:t:;'G roNNFLT By: ;:,~ Name: George T. Hudson Title: Manager / CEO 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LEASE AGREEMENT WITH ABILITY HOUSE, LTD., DBA LIGHTING CONNECT, FOR THE OPERATION OF WIRELESS INTERNET SERVICES AT THE CORPUS CHRISTIINTERNA TIONAL AIRPORT AT NO CHARGE TO THE CITY OF CORPUS CHRISTI OR THOSE WHO UTILIZE THE WIRELESS INTERNET SERVICE, FOR A PERIOD NOT TO EXCEED ONE YEAR, WITH THE OPTION TO EXTEND FOR FOUR ADDITIONAL ONE YEAR TERMS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Lease Agreement with Ability House, Ltd., d/b/a Lighting Connect, for the operation of wireless internet services at the Corpus Christi International Airport at no charge to the City of Corpus Christi or those who utilize the wireless internet service, for a period not to exceed one year, with the option to extend for four additional one year terms. 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 imrnediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure this the _ day of , 2003. Attest: The City of Corpus Christi Samuel L. Neal, Jr. Mayor Armando Chapa City Secretary APPROVED: October 22, 2003 . ~ Joh P. Burke istant City Attorney for City Attorney Ability House dba LC -l-yr lease.wpd.sr 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/30/2003 AGENDA ITEM: An ordinance authorizing the City 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 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; providing for severance; and providing for publication. ISSUE: Council must approve the authorization for the City 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 restaurant on the Peoples Street T-Head, in consideration of payment of the greater of $6,000.00 per month or 2.75% of rnonthly 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: N1A 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: BACKGROUND INFORMATION (Additional Background) Landry's Restaurant is a floating restaurant built on a barge made of steel. Their Landry's upkeep and landscaping are first class and have beautified that sector of the marina, The communication of Landry's management staff and city staff has been exceptiQ!l~J.in cooperation. This restaurant is located on the Pe_oples $treetT:Head north end and creates a great deal of tourism/visitors on this T-Head. Traffic flow is high on weekday nights and all of the weekend. Landry's has operated this restaurant since 1991 successfully. Landry's have 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 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; 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'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. A copy of the lease is on file with the City Secretary. 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 Christi, 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. H:\lEG-OIR\elizabeth\Dept Flles\EH Ordinances\EHord.14Q.wpd 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2003 AGENOA ITEM: An 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 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 (GSA) 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. REQUIREO 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.1 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 FUNOING: N/A CONCLUSION ANO RECOMMENOATION: Tho I\j'port """, ,- "doo '0 fficommoo' 'pp~", of Ihi, ,~" " lho Jrr 8, 2003 boo" . m~ti"g. S"ff "commoo', .ppro,,' of "" 0'''00"'' " p"""I,, ~ 9ff A -'- tl Department ead Signature Attachments: Exhibit A: Background BACKGROUND INFORMATION The Aviation Department was approached by the newly formed Transportation Security Administration (TSA) in September, 2002 with a request to provide approximately 6,000 square feet of office space for them. The Airport agreed to lease space in the former Tower building until space could be built for them in the new terminal facility. TSA and Airport staff began working on plans for office space in the new terminal. Concurrently, Airport staff was working with General Services Commision (GSA) to formulate a lease for this space. After several meetings and negotiations, 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 building the shell and tenant improvements. 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 LEASE AGREEMENT WITH THE UNITED STATES THROUGH ITS GENERAL 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a lease agreement with the United States through its General Services Administration for the Transportation Security Adrninistration 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-four 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. 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 28, 2003) Case No.: 0903-02. Mircea Moodv: A change of zoning from an "R-lB" One-family Dwelling District to an "AT" Apartment Tourist District on Padre Island - Corpus Christi, Section E, Block 2, Lots 6, 7, 8, and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. Planninl! Commission and Staff's Recommendation (09/24/03): Approval. Requested Council Action: Approval of the "AT" District. Purpose of Reauest: For the development of eight (8) townhomes. Summarv: The applicant has requested a change of zoning from a "R-IB" One-family Dwelling District to an "AT" Apartment Tourist District in order to construct townhouses. The subject property consists of four (4) platted lots, totaling a 0.884-acre area. Construction of eight (8) townhouses is proposed on the subject property. Each townhouse is planned as a 2-story unit with 1,500 square feet. The subject property is within the Padre Island Section E subdivision and is included within the Master Development Plan of Padre Isles. The subject property was annexed in 1989 and was automatically zoned a "R-lB" District at that time, as required by Article 31. Newly Annexed Territory of the zoning ordinance. During the annexation process, reference was made in the adopted ordinance that consideration for rezoning of Section E, containing the subject property, should take place within sixty (60) days of the annexation. The ordinance further stated that the rezoning should reflect the Master Development Plan of Padre Isles. The subject property is a fraction of the last remaining "R-lB" District property in the immediate area. Excluding the subject property, fifty-four (54) lots are zoned "R-IB" within Padre Island Section E subdivision. North of Section E are lots zoned an "AT" District with scattered multi-family development. To the east of Section E across Leeward Drive is "AT" District property developed with condominiums and multi-family dwellings. South of Section E is undeveloped "B-2" District property. Canals and waterways abut the west boundary of Section E and are zoned with a "R-IB" District. Based on the directive of the 1989 ordinance and the Master Development Plan of Padre Isles, consideration to rezoned the subject property from a"R-IB" District to a "AT" District should be given. The proposed "AT" District on the subject property would be the initial extension of the "AT" District north and east of Section E. Applicant's Position: The applicant concurs with Planning Conunission and Staff's recommendation. Notification: Of the twenty-one notices mailed to the surrounding property owners, three (3) were returned in favor and none in opposition. The 20% rule is not in effect. This case is considered noncontroversial. fi/~f1I4 Michael N. Gunning, AICP ~ Assistant Director of Development Services/ Director of Planning MG/FGM/er Attachments: I) Zoning Report 2) Comments Received 2) Planning Conunission Minutes 3) Ordinance H,IPLN-DIRIERMA \ WORD\AGENDMEM\2003\0903-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearinl! Date: 0903-02 September 24, 2003 Map No.: E20B Applicant: Mircea Moody Le!!al DescriptionlLocation: Padre Island - Corpus Christi, Section E, Block 2, Lots 6, 7, 8 and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. Area of Request: .884 acres (38,500 square feet) Lot(s) Area: Same as above. Current Zonin!!:: "R-IB" One-family Dwelling District Request: "AT" Apartment Tourist District Current Use of Property: Townhomes. Purpose of Request: Development of eight (8) townhomes. Zoning Change Requested Due to Notice of Violation: Not applicable. Adjacent Zonin!!: All directions - "R-IB" One-family Dwelling District Zoning Report Case No. 0903-02 (Mireea Moody) Page 2 Adjacent Land Use: All directions - Vacant lots. Number of Residential Units Allowed: "R-IB" - 6 units (7.26 dwelling units per acre) "AT" - 38 units (43.56 dwelling units per acre) Estimated Traffic Generation: Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 6 dwelling units = 60 average weekday vehicle trip ends. Townhomes - 5.86 average weekday vehicle trip ends per dwelling unit x 38 dwelling units = 222 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Aruba Drive - local b) Running Light Drive -local Ri!!ht-of-Way Desi!!n Current: a) 60-foot right-of-way with 42-foot back-to-back paved section. b) 60-foot right-of-way with 42-foot back-to-back paved section. Planned: a, b) Same as current. Traffic Count (24-bour, weekday, non-directional): a, b) Not available. Zonin!! Hjstory of Property: During the past five (5) years there has not been any change of zoning on the subject property. Recent Surroundin!! Zonin!! Cases: During the past five (5) years there has not been any change of zoning on surrounding properties. Zoning Report Case No. 0903-02 (Miree. Moody) Page 3 Planninl!: Staff Analvsis: . General Characteristics and Background: The applicant has requested a change of zoning from a "R-IB" One-family dwelling District to an "AT" Apartment Tourist District in order to construct townhouses. The subject property consist of four (4) platted lots, totaling a 0.884 acre area. Construction of eight (8) townhouses are proposed on the subject property. Each townhouse is planned as a 2-story unit with 1,500 square feet. The subject property is within the Padre Island Section E subdivision and is included within the Master Development Plan of Padre Isles. The subject property was annexed in 1989 and was automatically zoned a "R-IB" District at that time, as required by Article 31. Newly Annexed Territory of the zoning ordinance. During the 'annexation process reference was made in the adopted ordinance that consideration for rezoning of Section E, containing the subject property, should take place within sixty (60) days of the annexation. The ordinance further stated that the rezoning should reflect the Master Development Plan of Padre Isles. The subject property is a fraction of the last remaining "R-IB" District property in the immediate area. Excluding the subject property, fifty-four (54) lots are zoned "R-lB" within Padre Island Section E subdivision. North of Section E are lots zoned an "AT" District with scattered multi- family development. To the east of Section E across Leeward Drive is "AT" District property developed with condominiums and multi-family dwellings. South of Section E is undeveloped "B-2" District property. Canals and waterways abut the west boundary of Section E and are zoned with a "R -lB" District. Based on the directive of the 1989 ordinance and the Master Development Plan of Padre Isles, consideration to rezoned the subject property from a"R-IB" District to a "AT" District should be given. The proposed "AT" District on the subject property would be the initial extension of the "AT" District north and east of Section E. . Potential Housing Density: The "R-IB" District permits a density of 7.26 dwelling units per acre or 6 units on the subject property. The "AT" District permits a density of 36.30 dwelling units per acre or 38 units on the subject property. . HeiclltlBuIklSetbacks/Etc.: Buildings in the "R-lB" District are limited to a height of35 feet, not to exceed three (3) stories. The front setback in the "R-lB" is twenty-five (25) feet and side and rear yard not less than five (5) feet. The "AT" District requires a front yard setback of not less than 20 feet. Side and rear yard setbacks for single-family and duplex uses are five (5) feet each and ten (10) feet each for one-story multi-family structures, plus five (5) feet for each additional story not to exceed thirty (30) feet. Other uses in the "AT" District require a minimum often (10) feet for each side and rear yard setback. . Signage: The "R-lB" District allows one (I) bulletin identification sign not to exceed thirty (30) square feet. Wall signs in the "AT" District are permitted to have sixty (60) square feet in area and properties with more than I 00 feet of street frontage are allowed one additional Zoning Report Case No. 0903-02 (Mircea Moody) Page 4 square foot of sign area for each linear foot over 100 feet up to a maximum of 260 square feet. One freestanding sign with an area of sixty (60) square feet and a height of twenty (20) feet is permitted. . Traffic: The proposed townhouse development is estimated to generate approximately 222 average vehicle trip ends. Residential vehicle access is provided along a local street and such traffic will not adversely impact the area. Pros: (Ideas in support of the request.) a) The requested "AT" District is consistent with the zoning pattern of adjacent subdivisions to the north and east that are zoned "AT". Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning Map H ,IPLN-DIR\ERMA \ WORDIZONRPTS\090J-02CCREPORT DOC . . '- -""'-- Sep 4, 2003 - AS ~OO 200 CASE 20903-02 300 I ~ Subject property ~ Owners within 200 feet listed on attached ownership list ~ - - . . COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0903-02 Mircea Moody . - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 2) Asset Max, L. P., Doug Shaw, P. O. Box 114, Ellis, Kansas No written comment. 3) CMS Construction Services, 8712 S. Ainsworth, Tacoma, W A 98444 No written comment. 13) Richard P. Hessee, 111, 6901 SPID, Ste. 103A, #336 78412 "We have six lots on RUlll1ing Light. We believe this zoning would be best use." Opposition: None. 11. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H :IPLN-DIR IERMA I WORDlCOMMDA T A I0903-02COMMENTS.DOC Planning Commission Minutes September 24, 2003 New Zoning 903-02 Mircea Moody REQUEST: "R-IB" One-family Dwelling District to an "AT" Apartment Tourist District on property described as Padre Island - Corpus Christi, Section E, Block 2, Lots 6, 7, 8 and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The applicant has requested a change of zoning from a "R-IB" One-family dwelling District to an "AT" Apartment Tourist District in order to construct townhouses. The subject property consist of four (4) platted lots, totaling a 0.884 acre area. Construction of eight (8) townhouses are proposed on the subject property. Each townhouse is planned as a 2-story unit with 1,500 square feet. The subject property is within the Padre Island Section E subdivision and is included within the Master Development Plan of Padre Isles. The subject property was annexed in 1989 and was automatically zoned a "R-IB" District at that time, as required by Article 31. Newly Annexed Territory of the zoning ordinance. During the annexation process reference was made in the adopted ordinance that consideration for rezoning of Section E, containing the subject property, should take place within sixty (60) days of the annexation. The ordinance further stated that the rezoning should reflect the Master Development Plan of Padre Isles. The subject property is a fraction of the last remaining "R-l B" District property in the immediate area. Excluding the subject property, fifty- four (54) lots are zoned "R-IB" within Padre Island Section E subdivision. North of Section E are lots zoned an "AT" District with scattered multi-family development. To the east of Section E across Leeward Drive is "AT" District property developed with condominiums and multi- family dwellings. South of Section E is undeveloped "B-2" District property. Canals and waterways abut the west boundary of Section E and are zoned with a "R-IB" District. Based on the directive of the ]989 ordinance and the Master Development Plan of Padre Isles, consideration to rezoned the subject property from a"R-]B" District to a "AT" District should be given. The proposed "AT" District on the subject property would be the initial extension of the "AT" District north and east of Section E. Staff recommends approval of the rezoning request. There were 21 notices mailed to property owners within a 200-foot radius of which three (3) were returned in favor and none (0) were returned in opposition. Public hearing was opened. Richard Hessey, owns six-lots in the area, supports the rezoning request. Paul Lozek, represents the applicant, asked the Commission to concur with Staffs recommendation and forward a recommendation for approval. Planning Commission Minutes September 24, 2003 Case No. 0903-02 (Mircea Moody) Page 2 Public hearing was closed. Commissioner Smith stated that he drove by the subject property and added that he supported the request. Motion by Smith ,seconded by Stone, to forward a recommendation for approval Motion passed with Mims and Salazar being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MIRCEA MOODY BY CHANGING THE ZONING MAP IN REFERENCE TO SECTION E, BLOCK 2, LOTS 6,7,8 AND 9, PADRE ISLAND - CORPUS CHRISTI, FROM "R-1Bn ONE-FAMILY DWELLING DISTRICT TO "A-Tn APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mircea Moody for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 24, 2003, during a meeting of the Planning Commission, and on Tuesday, October 28, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.884 acre of Section E, Block 2, Lots 6,7,8, and 9, Padre Island - Corpus Christi, located east of Aruba Drive and 100 feet south of Running Light Drive, from "R-1 B" One-family Dwelling District to "A- T" Apartment House District. ( Map E20B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR\JOSEPHIZONING\0903-02REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 28th day of October, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 1O~ 2 Z- 2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi By: ~I~ Josep Harney Assistant City Attorney For City Attorney H:\LEG-DIRIJOSEPHIZONING\0903-02REGULAR.DOC 12 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 28, 2003) Case No.: 0903-03. South-Vest. Inc.: A change of zoning from an "A-I" Apartment House District to an "R-IC" One-family Dwelling District on Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located west of Cliff Maus Drive and 350 feet south of Rockford Drive. Planninl! Commission and Staff's Recommendation (09/24/03): Approval. Requested Council Action: Approval of the "R-IC" District. Purpose of Reauest: For the development of an II-lot, single-family subdivision. Summary: The applicant has requested a change of zoning from "A-I" Apartment House District to a "R-IC" One- family Dwelling District in order to develop an II-lot single-family residential subdivision. Housing proposed for the site will range from 1,000 to 1,200 square feet with a mixture of one and two story designs. Minimum lot size permitted in the "R-IC" District is 4,500 square feet, whereby the "A-I" District requires a minimum lot area of 6,000 square feet. The "R-IC" District density is 9.68 units per acre or 12 units on the subject property, as compared to the "A-I" District at 21.78 units per acre or 28 units. North, south and west of the subject property is undeveloped "A-I" District property that is owned by the owner of the subject property. The owner of these tracts intends to develop the remaining "A-I" District as a "R-IC" District subdivision, providing the subject site results in a favorable venture. Across CliffMaus Drive is a city park and a single-family subdivision zoned a "R-IB" District. The subject property has access along CliffMaus Drive that is designated as a collector, but only has a 50-foot right- of-way. Currently, a segment of Cliff Maus Drive is being improved under an approved CIP program from Old Brownsville Road to Rockford Drive. Future improvements to Cliff Maus Drive are listed in the long-range CIP program and are noted by staff as being priority one (I). Each future segment is identified as Phase 2 from Old Brownsville Road to Bear Lane and Phase 3 from Rockford Drive to SPID. A favorable vote of the City Council to include Phases 2 and 3 within a CIP program is needed along with a vote of the citizens for the Bond. The Westside Area Development Plan's adopted future land use map reconunends the area to develop as light industrial property. However, with the development of single-family residences to the east, across CliffMaus Drive, the "R -I C" District can be supported. Aoolicant's Position: The applicant concurs with Planning Connnission and Staff's reconunendation. Notification: Of the twenty-two notices mailed to the surrounding property owners, one (I) was returned in favor and none in opposition. The 20% rule is not in effect. This case is considered noncontroversial. d~{1!cp~ Assistant Director of Development Services/ Director of Planning MG/FGM/er Attachments: I) Zoning Report 2) Conunents Received 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIRIERMA \ WORDIAGENDMEM\2003\0903-03AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0903-03 Planning Commission Hearine Date: September 24, 2003 Map No.: J14C Applicant: South-Vest, Inc. Leeal DescriptionlLocation: Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located east ofCliffMaus Drive and 350 feet south of Old BrownsvilIe Road. Area of Request: 1.290 acres Lot(s) Area: Same as above. Current Zonine: "A-I" Apartment House District Request: "R-I C" One-family Dwelling District Current Use of Property: Undeveloped land. Purpose of Request: II-lot single-family subdivision. Zoning Change Requested Due to Notice of Violation: Not applicable. Adjacent Zonine: North, South, West- "A-1" Apartment House District East - (across CliffMaus Drive) " R-IB" One-family Dwelling District Adjacent Land Use: North, South, West - Undeveloped land. East - (across CliffMaus Drive) City park and single-family residences. Number of Residential Units Allowed: "R-1C" -12 units (9.68 dwelling units per acre) "A-I" - 28 units (21.78 dwelling units per acre) Zoning Report Case No. 0903-03 (South-Vest, Inc.) Page 2 Estimated Traffic Generation: Single-family development - 10 average weekday vehicle trips per dwelling unit x 12 dwelling units = 120 average weekday vehicle trip ends. Multiple Dwellings - 6.47 average weekday vehicle trip ends per dwelling unit x 28 units = 181 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Cliff Maus Drive - collector Rieht-or-Way Desien Current: a) 50- foot of right-of-way with a 28-foot back-to-back paved section. Planned: a) 65-foot of right-of-way with a 41-foot back-to-back paved section. Traffic Count (24-hour, weekday, non-directional): a) None available. Zonine History or Property: There has not been any rezoning of the property within the past five (5) years. Recent Surroundioe Zonine Cases: None. Plannine Staff Analysis: . General Characteristics and Background: The applicant has requested a change of zoning from "A-I" Apartment House District to a "R-IC" One-family Dwelling District in order to develop an II-lot single-family residential subdivision. Housing proposed for the site will range from 1,000 to 1,200 square feet with a mixture of one and two story designs. Minimum lot size permitted in the "R-IC" District is 4,500 square feet, whereby the "A-I" District requires a minimum lot area of 6,000 square feet. The "R-l C" District density is 9.68 units per acre or 12 units on the subject property, as compared to the "A-I" District at 21. 78 units per acre or 28 units. North, south and west of the subject property is undeveloped "A-I" District property that is owned by the owner of the subject property. The owner of these tracts intends to develop the Zoning Report Case No. 0903-03 (South-Vest, Inc.) Page 3 remaining "A-I" District as a "R-IC" District subdivision, providing the subject site results in a favorable venture. Across Cliff Maus Drive is a city park and a single-family subdivision zoned a "R-IB" District. The subject property has access along Cliff Maus Drive that is designated as a collector, but only has a 50-foot right-of-way. Currently, a segment ofCliffMaus Drive is being improved under an approved CIP program from Old Brownsville Road to Rockford Drive. Future improvements to Cliff Maus Drive are listed in the long range CIP program and are noted by staff as being priority one (I). Each future segment is identified as Phase 2 from Old Brownsville Road to Bear Lane and Phase 3 from Rockford Drive to SPID. A favorable vote of the City Council to include Phases 2 and 3 within a CIP program is needed along with a vote of the citizens for the Bond. The Westside Area Development Plan's adopted future land use map recommends the area to develop as light industrial property. However, with the development of single-family residences to the east, across Cliff Maus Drive, the "R-IC" District can be supported. . Potential Housing Densitv: The "A-I" District permits a residential density of 21.78 dwelling units per acre or 28 units on the subject property. In a "R-l C" District, residential development is limited to a density of9.68 units per acre or 12 units on the subject property. Approval ofthe "R-lC" District would reduce the potential number of residential units in the area. . Height/Bulk/Setbacks/Etc.: The "R-I C" District require a front yard setback of twenty (20) feet and side yards of five (5) feet. Height of structures in the "R-I C" District are limited to 26 feet. Front setback requirement in the "A-I" District is twenty (20) feet with a side and rear setback of five (5) feet, plus five (5) feet for each story over one story, but not to exceed thirty (3) feet. Height of structures in the "A-I" District is limited to 45 feet. . Silmage: The "R-I C" District permits monument church bulletin boards and identification signs not to exceed a total of thirty (30) square feet. With the subject property containing more than 100 feet of street frontage, the "A-I" District would allow either one-wall sign with a sign area of forty (40) square feet or one ground or freestanding with a sign area of forty (40) square feet, with a height often (10) feet and requiring a setback often (10) feet. Traffic: The requested "R-l C" District reduces the density of residential development and would in turn reduce the amount of potential traffic generated by an "A-I" District development. The subject property has access along CliffMaus Drive that is designated as a collector, but only has a 50-foot right-of-way. Currently, a segment of Cliff Maus Drive is being improved under an approved CIP program from Old Brownsville Road to Rockford Drive. Future improvements to CliffMaus Drive are listed in the long range CIP program and are noted by staff as being priority one (1). Each future segment is identified as Phase 2 from Old Brownsville Road to Bear Lane and Phase 3 from Rockford Drive to SPID. A favorable vote ofthe City Council to include Phases 2 and 3 within a CIP program is needed along with a vote of the citizens for the Bond. Zoning Report Case No. 0903-03 (South-Vest, Inc.) Page 4 Pros: (Ideas in support of the request.) a) The proposed single- family development is consistent with the residential development to the east, across CliffMaus Drive. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "R -1 C" District is inconsistent with the adopted W estside Area Development Plan's recommended land use. Staff Recommendation: Approval. Attachment: Zoning Map H ,IPLN-DIR\ERMA I WORDIZONRPTSI0903-1J3CCREPORT.DOC A-I CE PLAZA ST. MARTIN'S l 2 R-IB <( :::E lL '" 1-2 . WESTHAVEN GUGENHEIM AND COH 2 18 2 A-I ~ 19 2 Cl ~ 20 2 !l: 21 w 2 <:!l 22 2 10 2 11 2 3 12 w 3 > lE 13 Cl . . 1 Cl 5 1. ...J 5 W ~ 6 6 15 w 1-2 d 7 16 7 8 17 8 9 18 9 ~ - - 'lo.I-.,..._~ Sep 8, 2003 - AS ~OO 290 3pO CASE 20903-03 ~ Subject property ~ OWners within 200 feet I isted on attached ownership list COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0903-03 South-Vest, Inc. . FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) 1. Notices returned from within the 200-foot notification area: Favor: 17) Bobbie J. Kellough, 1809 Glenfield Dr. No written comment. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIRIERMA \ WORDICOMMDA T A I0903.03COMMENTS.DOC Planning Commission Minutes September 24, 2003 903-03 South-Vest, Inc. REQUEST: "A-I" Apartment House District to "R-IC" One-family Dwelling District on property described as Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located east of Cliff Maus Drive and 350 feet south of Old Brownsville Road. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding property. The applicant has requested a change of zoning from "A-I" Apartment House District to a "R-IC" One- family Dwelling District in order to develop an II-lot single-family residential subdivision. Housing proposed for the site will range from 1,000 to 1,200 square feet with a mixture of one and two story designs. Minimum lot size permitted in the "R-IC" District is 4,500 square feet, whereby the "A-I" District requires a minimum lot area of 6,000 square feet. The "R-IC" District density is 9.68 units per acre or 12 units on the subject property, as compared to the "A-I" District at 21.78 units per acre or 28 units. North, south and west of the subject property is undeveloped "A-I" District property that is owned by the owner of the subject property. The owner of these tracts intends to develop the remaining "A-I" District as a "R-IC" District subdivision, providing the subject site results in a favorable venture. Across Cliff Maus Drive is a city park and a single-family subdivision zoned a "R-IB" District. The Westside Area Development Plan's adopted future land use map recommends the area to develop as light industrial property. However, with the development of single-family residences to tbe east, across CliffMaus Drive, the "R-IC" District can be supported. Staff recommends approval of the rezoning request. There were 21 notices mailed to property owners within a 200-foot radius of wbich none (0) were returned in favor nor opposition. Public hearing opened. John Hernandez, applicant, stated that he wants to develop 11 homes on the property. Public hearing close. Motion by Amsler, seconded by Zamora, to forward a recommendation for approval. Motion passed witb Mims and Salazar being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTH-VEST, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO GUGENHEIM AND COHN FARM LOTS, BEING 1.290 ACRES OUT OF, LOTS 9 AND 16, FROM "A-1" APARTMENT HOUSE DISTRICT TO "R-1C" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of South - Vest for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 24, 2003, during a meeting of the Planning Commission, and on Tuesday, October 28, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.290 acres out of Lots 9 and 16, Gugenheim and Cohn Farm Lots, located east of Cliff Maus Drive and 350 feet south of Old Brownsville Road, from "A-1" Apartment House District to "R-1C" One-family Dwelling District, as shown on the attached Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\JOSEPHIZONINGl0903-03REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective adrninistration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 28th day of October, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Samuel L. Neal, Jr. Mayor, The City of Corpus Christi 2003 Joseph Harney Assistant City Attorney For City Attorney H:\LEG-DIRIJOSEPHIZONINGI0903-03REGULAR.DOC Page 3 of 3 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:ILEG-DIRIJOSEPHIZONINGI0903-03REGULAR.DOC . . SOUTH_VEST- 0903-03 Brister Surveying 4630 Janssen Drive Corpus Christi, Texas 78411 361-548-9410 FIELD NOTES Survey of 1.290 acres of land out of Lots 9 and 16, Section 5, Range VIII, Gugenheim and Cohn Farm Lots, located in Nueces County, Texas, recorded in Volume A, Page 53, Map Records of Nueces County, Texas, and being described by metes and bounds as follows: Commencing at 5/8-inch iron rod on the west right of way of Cliff Maus Drive and the northeast corner of Gabriel Terrace Unit 3 as shown in map or plat recorded in Volume 35, Page 88, Map Records of Nueces County. Thence South 0013'40" West, with west right of way of Cliff Maus Drive, 165.16 feet to the Point of Beginning. Thence continuing South 0013'40" West, with west right of way of Cliff Maus Drive, 543.31 feet, to a point. Thence with a curve to the left, a length of 23.56 feet, a radius of 15.00 feet and an internal angle of 900 to a point. Thence North 890 46'20" West, 75.03 feet to a point. Thence with a curve to the left a length of 15.67 feet, a radius of 10.00 feet and an internal angle of 900 to a point. Thence North 0013'40" East, 543.31 feet, to a point. Thence with a curve to the left a length of 15.67 feet and a radius of 10.00 feet and an internal angle of 900 to a point. Thence South 890 46'20" East, 75.03 feet to a point. 1 ,~ ~rSJ ..:,.~'" '\'\. " ~'\.. SOOOOI'40"W 434.28 N 165.16 NOO013'40"E 543.31 '" '''"' ','- ,", """, " "', "" " "', " " ""-. '" """- --'- "" "'-. " '-'- " --', " '-. "", .'. . ". '. ...... "-. "AA 0PQSED., R.:I-c. ' ',', ",,", " ", .', ". " ""'. "- "AREA.,.",.............., ""'.. ''','' , ". , .... '-., ""'. ""'-', " ",', , " , '-, "" '-.'- "'. , ""'.... ""' , '. ... Sooo13'40'W 543.31 ~ CllFF-MAUS ~R1VE j tI:l oc VI \0 Vol J: 0\ oc 8 ~ trl N89046'20"W 75.03 10.0R 1O.OR S89"46'20"E 75.03 OR g SOoo13'40'W 165.16 15.0R SCALE = 1" = 80' 13 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 28,2003) Case No.: 0903-04C, City of Corpus Christi: A change of zoning from an "1-2" Light Industrial District to an "A-2" Apartment House District on Meadow Park Subdivision. Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. Planninl! Commission and Staff's Recommendation (09/24/03): Approval. Requested Council Action: Approval of the "A-2" District. Purpose of Reauest: For residential zoning compliance in order to apply for CDBG Housing Program Snmmary: The City of Corpus Christi on behalf of the owners of the subject property has requested a change of zoning from an "1-2" Light Industrial District to an "A-2" Apartment House District. The purpose of the rezoning is to bring two (2) lots with non-conforming single-family structures into zoning conformance, in order for the owners to initiate and continue application for CDBG loans. The owner of Lot 19 is requesting assistance through the City of Corpus Christi Housing and Community Development Department for a Single Family Demolition and Replacement Loan. This loan program assists homeowners whose structures are deteriorated beyond repair with demolition and reconstruction of a new house. The owner of Lot 20 is considering applying for a home repair loan through another City program. Both lots are located along Cheyenne Street that is desiguated as a local street. Due to the street system having a 50- foot right-of-way, industrial zoning is not preferred along this type of street design. Industrial zoning is ideal along roadway systems with a minimal right-of-way of80-feet, in order to manage the heavy load vehicles. The existing "1-2" District from Agues Street southward was placed along this corridor prior to 1965. It was the intent to utilize this district as a long-range planning tool in encouraging the grouping of small lots into large parcels for industrial purposes along the Agnes Street corridor. Since that time, individual lots with primary access along Agnes Street have primarily combined laterally as a single use property. However, the intent to group lots zoned "1-2" along the local street system as part of premises fronting Agues Street has not occurred fully. Instead, lots fronting the local street systems that feed into Agnes Street have slowly transformed to individual business and industrial uses. North of the subject property is an "1-2" District developed with single-family residences and further towards Agues Street an automotive repair center. To the south is an "A-2" District that is developed with single-family residences and contains a few scattered vacant lots. East of the subject property is a tire repair shop within an "1_2" and "A-2" District. Across Cheyenne Street from the subject property is "1-2" District property developed with single-family residences. The Westside Area Development Plan's future land use map recommends the area to maintain its industrial classification. However, the HA_2" District can generally be supported since it is an extension of the existing "A-2" District to the south, is located along a local street and single-family residences are located north, south and west of the subject property. Applicant's Position: The applicant concurs with Planning Commission and Staffs recommendation. Agenda Memorandum Case No. 0903-04C (City of Corpus Christi) Page 2 Notification: Of the thirty-five notices mailed to the surrounding property owners, one (I) was returned in favor (being the owner of Lot 20, and none in opposition. The 20% rule is not in effect. This case is considered noncontroversial. .M~ A Michael N.~ng~Cp Assistant Director of Development Se Director of Planning MGIFGM/er Attachments: I) Zoning Report 2) Comments Received 2) Planning Commission Minutes 3) Ordinance RIPLN-DIRIERMA \ WORDIAGENDMEM\2003\09Q3-Q3AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0903-04C Planning Commission Hearine Date: September 24, 2003 Map No.: Jl4B Applicant: City of Corpus Christi Leeal DescriptionlLocation: Meadow Park Subdivision, Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. Area of Request: 0.34 acres (15,000 square feet) Lot(s) Area: Same as above. Current Zonine: "1-2" Light Industrial District Request: "A-2" Multiple Dwelling District Current Use of Property: Two (2) lots with single-family residences. Purpose of Request: Residential zoning compliance in order to apply for CDBG Housing Program Zoning Change Requested Due to Notice of Violation: Not applicable (Non-conforming uses). Adiacent Zonine: North, West - "1-2" Light Industrial District South - "A-2" Apartment House District East - "A-2" Apartment House District and "1-2" Light Industrial District Adiacent Land Use: North, South, West - Single-family residences. East - Tire repair and storage business. Zoning Report Case No.0903-04C (City of Corpus Christi) Page 2 Number of Residential Units Allowed: "1-2" - Permanent or temporary housing or lodging is not permitted except for caretaker's quarters. "A-2" - 12 units (36.30 dwelling units per acre on 0.34 acres) Estimated Traffic Generation: Multiple Dwellings - 6.47 average weekday vehicle trip ends per dwelling unit x 12 units = 77 average weekday vehicle trip ends. General light industrial- 51.80 average weekday vehicle trip ends per acre x 0.34 acres = 17 average weekday vehicle trip ends. Ad i acent Streets/Classification: a) Cheyenne Street - local. Ri!!M-of-Way Desi!!n Current: a) 50-foot right-of-way with a 24-foot back-to-back paved section. Planned: a) Same as current. Traffic Count (24-bour. weekday. non-directional): a) Not available. Zonin!! History of Property: There bas not been any rezoning of the property within the past five- (5) years. Recent Surroundin!! Zonin!! Cases: There has not been any rezoning of surrounding property within the past five-(5) years. Plannin!! Staff Analysis: . General Characteristics and Background: The City of Corpus Christi on behalf of the owners of the subject property has requested a change of zoning from an "1-2" Light Industrial District to an "A-2" Apartment House District. The purpose ofthe rezoning is to bring two Zoning Report Case No.0903-04C (City of Corpus Christi) Page 3 (2) lots with non-conforming single-family structures into zoning conformance, in order for the owners to initiate and continue application for CDBG loans. The owner of Lot 19 is requesting assistance through the City of Corpus Christi Housing and Community Development Department for a Single Family Demolition and Replacement Loan. This loan program assists homeowners whose structures are deteriorated beyond repair with demolition and reconstruction of a new house. The owner of Lot 20 is considering applying for a home repair loan through another City program. Both lots are located along Cheyenne Street that is designated as a local street. Due to the street system having a 50-foot right-of-way, industrial zoning is not preferred along this type of street design. Industrial zoning is ideal along roadway systems with a minimal right-of- way of 80- feet, in order to manage the heavy load vehicles. The existing "1-2" District from Agnes Street southward was placed along this corridor prior to 1965. It was the intent to utilize this district as a long-range planning tool in encouraging the grouping of small lots into large parcels for industrial purposes along the Agnes Street corridor. Since that time, individual lots with primary access along Agnes Street have primarily combined laterally as a single use property. However, the intent to group lots zoned "1-2" along the local street system as part of premises fronting Agnes Street has not occurred fully. Instead lots fronting the local street systems that feed into Agnes Street have slowly transformed to individual business and industrial uses. North of the subject property is an "1-2" District developed with single-family residences and further towards Agnes Street an automotive repair center. To the south is an "A-2" District that is developed with single-family residences and contains a few scattered vacant lots. East of the subject property is a tire repair shop within an "1-2" and "A-2" District. Across Cheyenne Street from the subject property is "1-2" District property developed with single- family residences. The Westside Area Development Plan's future land use map recommends the area to maintain its industrial classification. However, the "A-2" District can generally be supported since it is an extension of the existing "A-2" District to the south, is located along a local street and single-family residences are located north, south and west of the subject property. . Potential Housing Densitv: The "1-2" District does not permit any permanent or temporary housing or lodging, except for a caretaker's quarters. An "A-2" District permits a density of 36.30 dwelling units per acre or 12 units on the subject property. . Heicl1t/BuIklSetbackslEtc.: The "1-2" District requires a front yard setback of twenty (20) feet and no required side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet is required from that residential adjacency. The "1-2" District does not limit building heights. Building heights in the "A-2" District are limited to 60 feet not to exceed four (4) stories. A "A-2" District requires a front yard setback of twenty (20) feet with a side and rear yard setback five (5) feet each for single-family and duplex uses and ten Zoning Report Case No.0903-04C (City of Corpus Christi) Page 4 (10) feet each for the first floor plus five (5) feet for each additional floor for multiple- family uses. . Signage: Wall and freestanding signs in the "1-2" District are unlimited provided the signs are located behind the front yard. If a freestanding sign is located within the required front yard of twenty (20) feet, the sign is limited to one sign per street frontage with a sign area of forty (40) square feet and a height of 25 feet. The "1-2" District also permits off-premise signs (billboards). The "A-2" District is limited to one (I) thirty (30) square feet identification sign. . Traffic: The subject property has access along a local roadway, Cheyenne Street. An "A-2" District is preferred along a local street rather than the existing "1-2" District that normally generates large truck traffic. Pros: (Ideas in support ofthe request.) a) Cheyenne Street is designated as a local street, whereby an "A-2" District is preferred rather than an "1-2" Light Industrial District that normally generates large truck traffic. b) The requested "A-2" District is an extension of the "A-2" District to the south. Cons: (Ideas in support of maintaining the current zoning.) a) The Westside Area Development Plan's future land use map recommends the area develop as light industrial. Staff Recommendation: Approval. Attachments: Zoning Map H ,IPLN-DIRIERMA IWORDIZONRPTS\200310903.()4CCCREPORT.DOC . . I I ADELE H. WElL TRACT I I AGNES STREET 1 13 1 11 10 1 l' 1, 12 11 1C 15 " ~ 2 11 I~ 1 1 1: 1; 11 1 48 47 48 ,. II ') ........... "- 9 G16'-- l.E 16 I' -9 45 15 9 16 1\ 33 16 8 17 [!!] [E] @ 8 44 8 17 7 18~ 7 13 3lJ!1 Q 7 43 18 5 6 '9~ [E.J ~ ~~ G IT! 2 6 42 4 19 5 2~ l1!.I llil I [2] 5 41 ~ [!] UJ 40 20 4 21 31 21 4 21 3 22 ~2 ~ II1Bl 22 [!] ) . r 51! ,..., ^:;..,,, 39 22 23 I'\. l.EJ 1,9 Il: I-LG 23 2 38 2 23 1 24 '@. L2~ W 24 1 37 2' I 36 '3 '2 13 12 13-~ " 12 13 12 35 ~ 11 14 l' 14 11 14 11 34 ,- f<- IIj 10 15 10 .... 15 '0 15 10 33 w 9 w 16 9 16 9 32 16 9 16 DO .... 17 8 17 8 111 17 8 17 8 31 . 18 7 t 18 13 7 w 18 7 18 15 7 30 12 z 4 19 6 , 19 6 Z '9 6 19 6 29 w >- 20 5 20 5 w 20 5 20 5 28 J: l.) 21 4 21 4 27 21 . 2' . 22 3 ~~-" 3 22 3 22 3 26 a ^ 23 0 I 2 25 ~ -- - - - - '-"'-"'-- Sep B. 2003 - AS ~OO 2?O 300 I CASE Z0903-04C ~ Subject property ~ Owners within 200 feet listed on attached ownership list . . COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0903-04C City of Corpus Christi . FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) 1. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: . Leonardo G. Martinez, 126 Cheyenne (owner of Lot 20, subject property) No written comment. Opposition: None. H:IPLN-DIRIERMA \ WORD\COMMDA T A \090J-04CCOMMENTS. DOC Planning Commission Minutes September 24, 2003 0903-04C City of Corpus Christi REQUEST: "1-2" Light Industrial District to "A-2" Multiple Dwelling District on property described as Meadow Park Subdivision, Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The City of Corpus Christi on behalf of the owners of the subject property has requested a change of zoning from an "1-2" Light Industrial District to an "A-2" Apartment House District. The purpose of the rezoning is to bring two (2) lots with non-conforming single-family structures into zoning conformance, in order for the owners to initiate and continue application for CDBG loans. The owner of Lot 19 is requesting assistance through the City of Corpus Christi Housing and Community Development Department for a Single Family Demolition and Replacement Loan. This loan program assists homeowners whose structures are deteriorated beyond repair with demolition and reconstruction of a new house. The owner of Lot 20 is considering applying for a home repair loan through another City program. Both lots are located along Cheyenne Street that is designated as a local street. Due to the streel. system having a 50-foot right-of-way, industrial zoning is not preferred along this type of street design. Industrial zoning is ideal along roadway systems with a minimal right-of-way of 80-feet, in order to manage the heavy load vehicles. The existing "1-2" District from Agnes Street southward was placed along this corridor prior to 1965. It was the intent to utilize this district as a long-range planning tool in encouraging the grouping of small lots into large parcels for industrial purposes along the Agnes Street corridor. Since that time, individual lots with primary access along Agnes Street have primarily combined laterally as a single use property. However, the intent to group lots zoned "1-2" along the local street system as part of premises fronting Agnes Street has not occurred fully. Instead lots fronting the local street systems that feed into Agnes Street have slowly transformed to individual business and industrial uses. North of the subject property is an "1-2" District developed with single-family residences and further towards Agnes Street an automotive repair center. To the south is an "A-2" District that is developed with single- family residences and contains a few scattered vacant lots. East of the subject property is a tire repair shop within an "1-2" and "A-2" District. Across Cheyenne Street from the subject property is "1-2" District property developed with single-family residences. The Westside Area Development Plan's future land use map recommends the area to maintain its industrial classification. However, the "A-2" District can generally be supported since it is an extension of the existing "A-2" District to the south, is located along a local street and single-family residences are located north, south and west of the subject property. Staff recommends approval. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Zamora, to forward a recommendation for approval. Motion passed with Mims, and Salazar being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO MEADOW PARK SUBDIVISION, BLOCK 3, LOTS 19 AND 20 FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 24, 2003, during a meeting of the Planning Commission, and on Tuesday, October 28, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Block 3, Lots 19 and 20, Meadow Park Subdivision, located east of Cheyenne Street and south of Agnes Street, from "1-2" Light Industrial District to "A-2" Apartment House District. (Map J14B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIRIJOSEPHIZONINGI0903-04CREGULAR.DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council rnembers, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 28th day of October, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED~ 2L Josep~e~~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi 2003 H:\LEG-DIRIJOSEPHIZONING\0903-04CREGULAR.DOC 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Juvenile Assessment Center FY 2003 Annual Report and Funding Up- Date. STAFF PRESENTER(S): Name 1. David Ondrias 2. Linda Hodge 3. Deanie King 4. Mariah Boone Title/Position Acting Director Assistant Director Municipal Juv. Judge JAC Superintendent DeDarbnent Park & Recreation Park & Recreation Municipal Court Park &Recreation ISSUE: The Juvenile Assessment Center FY 2003 Annual Report contains important data on the youth of our community, program outcomes and on the funding challenges faced by the Juvenile Assessment Center. BACKGROUND: The Council has been provided with copies of the JuvenHe Assessment Center FY 2003 Annual Report. REQUIRED COUNCIL ACTION: No Council action required. ~ :JJod~ LInda Hodge Assistant Director for Programs Park and Recreation Additional Background D Exhibits D �r of earpm C111rUli Feasi0n Discover the enefits... ,M Juvenile �i/y/nterne�ion ToPi�uentDe/InQaency Program rded through the Corpus ChrCrime Control and Prevtion District z 1 Juvenile ORenders Patterns of Behavior 15% of all juvenile offenders commit 75% of all violent offenses nationally. This follows a predictable pattern in their offense career... Juvenile ORenders Patterns of Behavior . More aggressive than peers by age 4. . Behavior problems in the primary grades at school. 3 4 2 . , ," '. r' \ ,i4ts~I; .j . 5.' .. 40 wQ'1 . .~i/ t 20 ',' ~, .>'i <<."''2::" ~.". Q;,: ..- \ \ Juvenile Unenders Patterns of Behavior . Between the ages of 9 and 12, youth begin to commit status offenses (Examples: truancy, curfew violation). . If juvenile offenders do not receive services at this time, they will go on to commit violent offenses by age 14. lJ Br aking the Cv Ie of Delinauenev The JUVENILE ASSESSMENT CENTER provides an opportunity for early intervention through case management services. 5 6 3 I success> Juvenile Assessment Center Preventing Delinquency - -- ------ - ---- . Services include comprehensive case management to 3,388 at-risk youth and their families since it opened in September of 1999. . The cycle of delinquency was broken in the great majority of these cases. Juvenile Assessment Center Preventing Delinquency . Gained the attention of the Office of Juvenile Justice and Delinquency Prevention in Washington. . The JAC has been used as an international model. 7 8 4 Corpus Chri' ti --- 2003 Juvenile Assessment Center . Was one of the three projects highlighted in the City of Corpus Christi's winning proposal to be designated an All-America City . Municipal Juvenile Court Judge Deanie King traveled to Washington D.C. to represent the Juvenile Assessment Center Juvenile Assessment Center Background . Funded by the Corpus Christi Crime Control and Prevention District. 9 10 5 Juvenile Assessment Center Background ,-- ------------.... ----- _ . Obtained a Title V ~ Delinquency Prevention . ~ Grant that provided funds \ needed to hire a Municipal Juvenile Judge and four case \ managers in addition to the \'\ two Crime Control-funded I case managers. 11 baC\( .'-00\> Juvenile Assessment sCPQ .... ........... Center . ttendance Outcomes . 0 ense Outcomes 12 6 bac~ to 5C"00\ School Anendance Outcomes , lsuccess Returned over 836 children \ to school for a total of \ \ 50,123 ADA-eligible days \ during FY2003, keeping \ them off the streets and 11\ saving local school districts 5\ $1,408,957 in ADA funding. i 13 School Anendance Outcomes For Youth Receivinq Case Management "Services PRE-CASE MANAGEMENT AlTENDANCE . 143 Good I success> . 94 Fair . 173 Poor POST-CASE MANAGEMENT AlTENDANCE . 256 Good . 99 Fair . 42 Poor 14 7 Juvenile Assessment Center Offense Outcomes - __ ____u______ I success> · 82% of the youth processed --- \ through the JAC committed \ no additional offenses of any \ kind, however minor, after \ JAC intervention. , \ \ \ \ \ I Success) ~ \ [SUccess) 15 Juvenile Assessment Center Offense Outcomes . 90% of the youth processed through the JAC committed no delinquent offenses after JAC intervention. . The JAC processed only 87 repeat offenders out of 1,280 intakes, for a rate of only 8.1%. 16 8 Onense Outcomes For Youth Receiving Case Management Services PRE-CASE POST-CASE MANAGEMENT MANAGEMENT OFFENSES OFFENSES \ . \ 229 No Priors ...... . 1161 Status Offender Success :> . 1\79 Delinquent, / ',Non-Violent . ~1 Delinquent, i Violent 348 No Offenses Post 25 Status Offender 19 Delinquent, Non-Violent 8 Delinquent, Violent 17 pa ners in Preventing Delnauenev The MUNICIPAL JUVENILE COURT refers juvenile offenders to the JAC for assessment and/or case management. 18 9 Municipal Juvenile coun , Preventing Delinquency \; ~------------ \ \ . Court orders status offenders and other early, pre-delinquent offenders to be assessed and/or enter the case management program at JAC. 19 Municipal Juvenile coun Preventing Delinquency . Opened in October of 2001. . Municipal Court obtained a Juvenile Accountability Incentive Block Grant to complete funding for the Municipal Juvenile Court. 20 10 Through a research-based, data driven, outcome- focused approach, the JAC has been a tremendous benefit to the families in our community. 21 . Title V funding stream ceases to exist after July 0 2004 ($250,000) . JAIBG f nding stream reduced by 25% . Manyof he valuable programs that partner with JAC re closing their doors or no longer ab to provide services due to cuts in other F deral and State programs 22 11 \ , , , The JAC is searching for ways \ to continue to fund the Title V- , \ funded case manager positions \ \ and to find and support '\ services that can still help poor, , at-risk children in our \ community 23 Juvenile rlnting DlJlinqulJncy 'lie/its Everyone rJr CommunitY. This service i proves the quality of life-creating an environment 0 attract economic development for business an favorable conditions for residents. 24 12 , , ~CitYOf ' .'1 Corpus =- :::: ChrIsti ~ R~r.atlon \ , , , \ 13 THE JUVENILE ASSESSMENT CENTER FY 2003 ANNUAL REPORT . Report prepared and submitted in August, 2003 by: Mariah Boone, LMSW Juvenile Assessment Center Superintendent , Loretta Witten, JAC Administrative Assistant Debra Garcia, JAC Case Manager Michelle McKenna, JAC Case Manager , Julie Ramon, JAC Case Manager Leticia Duarte, JAC Case Manager Richard Alford, JAC Case Manager Angela DeLaRosa, JAC Case Manager Manuel Salazar, JAC Intake Specialist Maria Silgero, JAC Intake Specialist Ariza Guzman, Student Volunteer Suzanne Reyna, Social Work Intern City of Corpus Christi Park & Recreation Department 226 Enterprize Parkway, Suite 104 Corpus Christi, Texas 78405 Fiscal Year 2003 Juvenile Assessment Center The Juvenile Assessment Center: FY 2003 ANNUAL REPORT Prol!ram Summarv The Juvenile Assessment Center of the City of Corpus Christi Park & Recreation Department opened its doors in September 1999 as a new program funded by the Corpus Christi Crime Control and Prevention District and designed to decrease juvenile crime in Corpus Christi by providing assessment and case management services to juveniles at- risk of delinquency and to their tiunilies. The center serves as a temporary holding facility for juveniles arrested by law enforcement for violations of the daytime or nighttime curfews or for truancy. While held at the center, juveniles are invited to participate in an intake and assessment process and are given information about services in the community that can help them with their needs. Juveniles are released to their parents, Who are also invited to participate in the assessment process and who also receive referrals to community services. Juveniles at-risk of delinquency and their . families are offered three months of free and comprehensive case management services to assist them with their problems and sometimes are ordered into case management as Ii condition of deferred adjudication or of probation by the Juvenile Municipal Court. If a family is participating in case m~nl\gement, a case manager from the Juvenile .Assessment Center will meet regularly with the fiunily to plan problem-solving strategies and to monitor the mmily's progress. Case managers help families connect with and follow through with needed services in the community. At the end of three months, the juvenile's family and a case manager from the Juvenile Assessment Center decide if their case can be successfully closed or if there is a need for case management services to continue. The Corpus Christi City Marshall's Office provides on-site law enforcement during the center's intake hours in the daytime and at night. The center employs a professional staff of case managers and intake specialists, as well as support staff. Additionally, a wide variety of youth agencies in the Coastal Bend reposition staff at the center. These agencies include: the Corpus Christi Independent School District, Flour B1uffIndependent School District, Calallen Independent School District, Tuloso-Midway Independent School District, the Nueces County Juvenile Justice Center, Planned Parenthood, and the Council on Alcohol and Drug Abuse... The Juvenile Assessment Center also has a progrwn in which college students in related fields do internships working at the center. Fisco1 Y"",2003 . Juvenile Assessmeat Center 2 Historv The Truancy Reduction Impact Program (TRIP) was a project of the Coastal Bend Alliance for Youth (CBA Y) aimed at addressing the problems of truancy and juvenile crime in Corpus Christi. The idea of TRIP came about through community concerns expressed in meetings and forums addressing youth-related issues, and through evidence found in school, law enforcement and juvenile justice files and intervention activities. The RE. Butt FolUldation contributed'the start-up funds for TRIP, the YMCA donated space in its downtown facilities for the program and the TRIP Center opened its doors in January of 1993. Local youth services professionals agree with the philosophy of early intervention for at-risk children before they become school dropouts and before they enter the juvenile justice system. The consensus of this group is that the investment of our collective energies in addressing truancy and other status offenses such as curfew violation will have a definite impact in our community as it relates to issues such as youth crime, substance abuse and dropout rates. In keeping with this consensus, the Corpus Christi Police Department opened the Corona Curfew Center in 1996 to serve juveniles in . violation of the nighttime curfew and thus curb the tide of nighttime juvenile crime as well. TRIP, because of its interactive process with law enforcement, schools and social services, was well equipped to address youth problems as they were occurring. Data showed that juvenile crime decreased in Corpus Christi after TRIP's inception, and attendance in area schools increased. TRIP became a much-sought-after national model, providing information on replicating the program to communities across the nation. TRIP was the forerunner and model of all other truancyicurfew centers in Texas. It was cited as a model program in the report of the Texas Commission on Children and Youth and in the U. S. Department of Justice Community Policing Information Access Guide. Corpus Christi saw even further decreases in juvenile crime after the opening of the Corona Curfew Center. TRIP and the Corona Center meant for years to join together into one prOgram so that night-time curfew violators could receive the same services given to day-time curfew violators in a central location. Case mllnagement, an important element always needed by both, would be part of this new program if fhnding could be found. Fortunately, the Corpus Christi Crime Control and Prevention District included funding for the new program in its five-year plan and the Juvenile Assessment Center opened its doors on September 2nd, 1999. Fiscal Year 2003 JuvenDc Asscssmeot Celater 3 StaffiDI! The Juvenile Assessment Center currently has the following positions budgeted: a superintendent, an administrative assistant, 2.6 intake specialists and 6 case managers. Four of the case managers are funded through a Title V Delinquency Prevention Grant thai is in its last year. All other positions are funded by the Corpus Christi Crime Control and Prevention District. Court Partnerships During the Juvenile Assessment Centc;r's first year of operation, it became evident that few of the fumilies whose children scored most at risk for delinquency when assessed were willing to voluntarily participate in case management. The children most at risk for delinquency were being carefully identified and services were being offered but, because most of the families were not accepting the services, most of those children remained at risk. In the second quarter of the Juvenile Assessment Center's second year of operation, the Juvenile Assessment Center entered into a partnership with the Corpus Christi Municipal Court and several Nueces County Justices of the Peace to correct this problem. Municipal Court Judges and Justices of the Peace began ordering truants and curfew violators into case management at the Juvenile Assessment Center as their sentence or as . a condition of deferred adjudication. It quickly became evident that this was a valuable partnership, as it could make sure that at risk juveniles would receive needed services and could give the Courts a way to monitor compliance with judicial orders. Before this partnership, the court had little way to track cases and compliance. With the forging of this partnership, the case managers could serve as municipal-level probation officers of a sort. Title V The only continued difficulty in getting at risk youth connected to needed services was staffing. With only three judges to hear all of the municipal-level cases in the city, the Municipal Court had truancy cases that were over two years old still waiting to go to Court. . When such old cases get to Court, .they often are dismissed. Because of this, case management numbers at the Juvenile Assessment Center relilained lower, in its second year of operation than they would have been if the Court had been able to hear current cases. Since the Juvenile Assessment Center had only two case managers, ho:wever, it would not have been able to bandle the volume of court referrals it would have gotten if there had not been a backlog. The answer to this dilemma was funding for more staff. The Juvenile Assessment Center wrote a grant requesting Title V Delinquency Prevention funding from the Criminal Justice Division of the Governor's Office for the Pre-Delinquency Court and Case Management Project. This would allow the Municipal Court to hire a full-time judge to hear only juvenile cases. It would also allow the Juvenile Assessment Center to hire four more case mAnagers, for a total complement of six. Having a Municipal Court Judge devoted to entirely juvenile cases would eliminate the backlog of juvenile cases at Municipal Court, and having more case managers would allow the Juvenile Assessment Center to provide services to the youth referred by the CoUrts. The grant was awarded to the City in July of 2001. The Municipal Court also Fiscal Year 2003 Juvenile ASS:iIMCDt Center 4 received a Juvenile Accountability Incentive Block Grant which allowed it to set up an entire Municipal Juvenile Court housed next door to the Juvenile Assessment Center. The new Municipal Juvenile Court opened in October of 2001. The four new case managers were added to the Juvenile Assessment Center at that time, for a total of six case managers. The Municipal Juvenile Judge began ordering municipal-level offenders to be assessed at the Juvenile Assessment Center and also began ordering juveniles into the case management program at the Juvenile Assessment Center. Due to these referrals from the Court, intakes at the Juvenile Assessment Center doubled and all six case managers began carrying full caseloads at all times. This process has greatly improved productivity over the last two years lIl}d has allowed many more at-risk youth and their families to receive the services they need to avoid delinquency and become productive members of the community. The City's FY 2004 will be the last year that Title V funding is available. Without another source of funding, the community may lose these valuable services. During the FY 2004, every effort must be made to find financial support that will maintain' these . services for Corpus Christi families. The Juvenile Assessment Center model has worked in Corpus Christi and must be maintained for this work to continue. . . The Population The Juvenile Assessment Center processed 1280 intakes during FY 2003, which accounted for a total of 1067 actual children when adjusted for repeaters. A summary of the types of offenses committed by these 1067 children prior to their contact with the Juvenile Assessment Center follows: Very delinquent with violent offenses: 66' Very delinquent with non-violent offenses: 219 Status Offenders: 130 No priors: 652 The above summary illustrates that the majority (782) of children being brought to the Juvenile Assessment Center are part of the desired target population, those who are still status offenders or who are committing their first offense, for whom delinquent behavior can be prevented with proper intervention. The 285 other children brought to the center have already begun to engage in highly delinquent behaviors and require intervention to break the cycle of delinquency and prevent further crimes. The Juvenile Assessment Center provides services that can be of assistance to both groups of offenders in the form of case management, intake and assessment, crisis intervention and referrals. Fiscal Year 2003 Juvenile Aiseasmeot Center 5 CASE MANAGEMENT PROCESS. Letter offering case management services goes out to parent/guardian of juvenile who has been processed through center. Iffamily has a phone, case manager calls family within one week of sending letter and extends offer of case management services again. I Files of families who decline case management services will be closed by 'case I1lllI1lIl!er & filed with inactive files. Initial Appointment . Juvenile fills out POSIT assessment & parent fills out POSIP assessment if this was not done at intake. . Case manager collects data needed for . complete psychosocial assessment. . Case manager fills out Y outh/Parent Assessment of Family Strengths and Obstacles with fumily. . Glse manager and fumily put together case management plan with clearly stated goals, objectives, strategies and out-come measures for case management - . Case manager obtains signed Release of Information Form from juvenile & parent in order to communicate with service providers. A Municipal or JP Court Judge orders a child into case management at JAC. \ + When a family accepts case management services, case manager sets up appointment to meet with them. Case manager has contact with family at least once every two weeks to monitor progress towards goals. Case manager also has contact with service providers to which family has been referred at least every two weeks to monitor progress towards goals. Changes are made in services as needed. After 3 months of case management, case manager . & 1funily determine if goals. have been met, juvenile takes POSIT Follow-Up & parent re- takes POSIP. If juvenile still scores high-risk in any category &Jor goals have not been met; a new case management plan will be formulated & the process will begin again. If case is court-ordered, judge is informed that family has not met the conditions of the court order. With assistance from day intake worker & NCJJC, case manager keeps track of juvenile's grades, attendance and offense record. + After 3 months of case management, case manager & family determine if goals have been met, juvenile takes POSIT Follow-Up & parent re-takes POSIP. If goals have been met & juvenile no longer scores high-risk in any POSIT/POSIP category, case manager & family close case. If case is court- ordered, judge is informed that family has met the conditions of the court order. F sco1Year2003 luveoile AnclJmont Center 6 A summary of the Juvenile Assessment Center's case management activities from August, 2002 through July, 2003 follows: Tot~1 number offumilies who have accessed case management services: 528 Case Management Service Events: Phone contacts: 3119 Office Visits: 1888 School visits: 523 Home Visits: 212 Psychosocial Assessments: . 482 Y outhIFamily Assessments of Strengths/Obstacles: 482 Case Management Plans: 482 Number of cases closed: 400 Disposition at closure: Successful: 317 Client Could Not Be Located: 14 Client Discontinued Services: 64 . Closed Due To Long-Term Placement of Juvenile. Treatment: 3 Closed Due To Long-Term Placement of Juvenile - Incarceration: 2 Pre-Case Management Attendance Good: 143 Fair: 94 Poor: 163 Not Available: 0 Post-Case Management Attendance Good: 256 Fair: 99 Poor: 42 Not Available: 3 , Pre-Case Management Offense Type . No Priors: 229 Status Offender: 61 Delinquent, Non-Violent: 79 Delinquent, Violent: 31 Post-Case Management Offense Type No Offenses Post: 348 Status Offender: 25 Delinquent, Non-Violent, 19 Delinquent, Violent: g., Of youth receiving case management, number of referrals to: La Raza Counseling Center: NCJJC Prevention Unit: MHMR Youth Services: Palmer Drug Abuse Program: Council on Alcohol and Drug Abuse: Spolm Memorial (psych. triage): Anger Management : Planned Parenthood: Spolm Hospice (grief counselor): Women's Shelter: 34 28 28 2 5 14 37 82 3 I Fiscal Year 2003 Juveailo Assessmont Cooter 7 Family Counseling Services: 48 Turning Point Counseling Services: 101 Texas Workforce Commission: 2 Shoreline: 6 Drug Testing: 75 Arlington Heights Food Pantry: I WlC: 10 Texas Dept. of Human Services: 9 Catholic Social Services: I City-County Health Dept.: 1 ALC - GED Program: 3 Ring of Champions: 115 Psychologist: 14 Psychiatrist: 12 Child Protective Services: 14 School Counselor: 17 Padre Behavioral Hospital: 5 TAMU-CC L.I.F.E. Program: 30 Job Corps: 2 La Raza GED Program: 2 . T AMU-CC Family Night Out: 13 FCS CHOICE Living Program: 15 Dispute Resolution: 1 Nueces Co. Children's Advocacy Center: I Park and Rec. Summer Recreation/Gym: 4 Of parents participating in case 1tijIll1Igement, number of referrals to: La Raza Counseling Center: NCJJC Prevention Unit: MHMR Youth Services: Palmer Drug Abuse Program: Council on Alcohol & Drug Abuse: Spohn Memorial (psych. triage): Anger Management: Planned Parenthood: Spohn Hospice (grief counselor): Women's Sheher: Family Counseling Services: Turning Point Counseling Services: Parenting Classes: Catholic Social Services: Tuff Love for Parents: Psychologist: TAMU-CC Family Night Out: Family Forward Counseling: 14 29 6 3 2 3 4 4 3 6 65 63 6 5 7 6 19 1 Fiscal v.... 2003 Juveo.iJc Assessment Center , 8 Intake and Other JAC Services - 2003 Referrals are provided to not only the families who accept case management, but also to all families processed through the center. The intake specialist on duty refers each family of a juvenile processed through the center to the appropriate school and judicial personnel who will be handling their juvenile's offense, as well as to any other services in the community for which their assessment or just discussions may have indicated a need. Additionally, school attendance and juvenile offenses are tracked for every child brought to the center. A summary of additional referrals giv~n to children and families as a result of the intake process during the 2003 Fiscal Year follows: La Raza Counseling Center: NCJJC Prevention Unit: MHMR Youth Services: Palmer Drug Abuse Program: School Guidance Counselor: Family Outreach: . Job Corps: Planned Parenthood: Family Counseling Services: Turning Point Counseling Services: Texas Workforce: Council on Alcohol & Drug Abuse: Ring of Champions: Mentoring Programs: Literacy Program: Anger Management: TAMS: Women's Support Group: CIllP: MHMR - Robstown: WIC: Medicaid: Health Dept.: Tutoring: MELD: Legal Aid: Park & RecreationIVolunteer Opportunities: Parenting Classes: OED: Boys & Girls Club: Hope House: STSARS: 101 10 17 16 63 4 26 19 115 76 9 10 1 108 2 21 I I 2 1 1 1 4 13 3 1 10 2 4 1 1 1 , Fis<:al Year 2003 ~uv..Ue Assessment Ceoler 9 A summary of non-case management service event totals from August 2002 through July 2003 follows: Total # of Intakes 1280 Total # of Referrals 1280+ Total # POSIT Assessments 1111 Total # POSIP Assessments 982 Total # of ParentlGuardian 1280+ Communications . Total # of School 1280+ Communications # of Community 190 Meetin2SIPresentations Outcomes . . 898 children (975 intakes) were processed through the Juvenile Assessment Center during the part ofFY 2003 that coincided with the 2002-2003 school year. Of those children, 836 were returned to school after their violation. . The school attendance of these children following JAC intervention equaled a sum (for area public schoolchildren only) of 50,123 ADA-eligible days, saving Corpus Christi and Robstown school districts approximately ~1,408,957.53 in ADA funding. . The Juvenile Assessment Center processed only 87 repeaters out of the 1280 intakes (1067 children) processed during FY 2003. This is a JAC recidivism rate of 8.1%. This rate is down from the JAC recidivism rate. of 9% in FY 2002. . Of the 1067 children processed through the .Juvenile Assessment 'Center, 885 committed no additional offenses of any kind, however minor, afler JA~ intervention. . Of the 1067 children processed through the Juvenile Assessment Center, 967 committed no delinquent offenses after JAC intervention. This means that JAC was successful in preventing delinquency over 90% of the time. Attached are the detailed Attendance Tracking, Juvenile Offense Tracking and Statistical Reports of the Juvenile Assessment Center for FY 2003. Fiscal Year 2003 Juvenile Assessment Center 10 . Fiscal Y.... 2003 JUVENILE ASSESSMENT CENTER 2002 - 2,003 School Year School Attendance Tracking Report Juvenile Ar~ Conler , 11 Summary of Juvenile Assessment Center School Attendance Tracking August 2002 through May 2003 Total # intakes: Total # juveniles processed: Total # juveniles JAC returned to school after violation: Total # juveniles not enrolled in school at JAC intake: Total # juveniles for whom JAC was unable to track attendance: Total # ADA-eligible days attended post JAC processing.: CCISD: 4,1919 CISD: 1,936 FBISD: 3,182 RISD: 80 TMISD: 1,130 WOISD: 1,876 . Total: 50,123 Approximate amonnt of ADA dollars saved through JAC efforts ($28.11 a day) CCISD: CISD: FBISD: RISD: TMISD: WOISD: $ 1,178,343.09 $ 54,420.96 $ 89,446.02 $ 2,248.80 $ 31,764.30 $ 52,734.36 S 1,408,957.53 Total: Fiscal You 2003 luvenDe Assessment Center 975 898 836 52 107 12 Corpus Cbristi Independent Scbool District Scbools Juvenile Assessment Center School Attendance Tracking Carroll Hie:h School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts KiDe: Hie:h School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Miller Hie:h School Total # of Students . # of students JAC returned to school after violation . of students that could not be tracked . . # of ADA-eligible days attended post JAC p~cessing . Approximate amount of ADA dollars saved through JAC efforts Moodv Hie:h School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Rav Hi2h School Total # of StudfDts . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Fisool Year 2003 Juvenilo Aascssmont Center 79 73 .6 5325 $149,685.75 59 55 4 4506 $126,663.66 77 73 4 4701 $132,145.11 82 80 2 4348 $122,222.28 97 92 5 6153 $172,960.83 13 Corpus Christi Independent School District Schools (Cont.) Adult Learnln2 Center Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Alternative Bilzh School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Student Learnln2 and Guidance Center Total # of Students . # of students JAC returned to sehool after violation .. # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts , Fiscal Year 2003 Juvenile Assessment Center 5 3 2 N/A Unknown 5 3 2 130 $3,654.30 65 58 7 2033 $57,147.63 14 Corpus Christi Independent &hool District &hools (Cont.) Baker Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Browne Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC effurts Cullen Middle School Total # of Students . # of students JAC returned to school after violation . . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC effurts Cunninl!ham Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Driscoll Middle School Total # of Students. . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post lAC processing . Approximate amount of ADA dollars saved through JAC efforts Fiscal Year 2003 Juv..U. Assessment Center 23 23 o 1453 $40,843.83 33 29 4 1461 $41,068.71 7 7 o 565 $15,882.15 19 13 6 646 $18,159.06 24 20 4 1103 $31,005.33 15 Corpus Christi Independent School District Schools (Cont.) Grant School Total # of Students . . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Haas Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Hamnn Middle School Total # of Students . # of students JAC returned to school after violation . . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Kame Middle Sehool Total # ofStndents . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Martin Middle School Total # of Students. . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts FiIcal Year 2003 Juvenile Assessment Center 15 14 I 1428 $40,141.08 I I o 30 $843.30 27 26 1 1698 $47,730.78 10 9 I 776 $21,813.36 26 23 3 1648 $46,325.28 16 Corpus Christi Independent School District Schools (Cont.) Soutb Park Middle Scbool Total # of Students . . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Wynn Seale Middle School Total # of Students . # of students JAC returned to sch901 after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Allen Elementary Scbool Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Centrid ParkE1ementarv Scbool Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Total # of Students Coles &lementarv School . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts , Evans Elementarv School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Fiscal Ycar2003 luvenile Assessment Center 15 14 I 773 $21,729.03 30 29 I 2054 $57,737.94 1 1 o 174 $4,891.14 1 I o 65 $1,827.15 3 2 1 N/A Unknown I 1 o 25 $702.75 17 Corpus Christi Independent School District Schools (Cont.) Garcia Elementary School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Gibson Elementary School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Houston Elementary School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Kostoryz Elementary School . Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts , Lozano Elementary School Total t# of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts MenKer Elementary School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Fiscal Yeor 2003 Juvenile Assessmeot Center ;~"...~...r:'"'''''' -,-,.., -~~~ ". I o I N/A Unknown I I o 128 $3,598.08 2 1 1 82 $2,305.02 I I o I31 $3,682.41 2 2 o 194 $5,453.34 I 1 o 68 $1,911.48 18 Corpus Christi Independent School District Schools (Cont.) Moore Elementarv School Total # of Students . # of students lAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post lAC processing . Approximate amount of ADA dollars saved through lAC efforts Sanders Elementarv School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post lAC processing . Approximate amount of ADA dollars saved through lAC efforts Wilson Elementarv School Total # of Students . . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post lAC processing . Approximate amount of ADA dollars saved through JAC efforts Y caaer Elementarv School Total # of Students . # of students JAC returned to school after violation, . # Of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts , Total # ADA-eligible days attended post JACproeessing: Approximate amount of ADA dollars saved through JAC efforts: Fisoa1 Year2003 JuvcnDe AIlUSfl1CQt Center 2 2 o 88 $2,473.68 I o I N/A Unknown 1 1 o 133 $3,738.63 1 o 1 N/A Unknown 4t,919 $1,178,343.09 19 Calallen Independent School District Schools Juvenile Assessment Center Scbool Attendance Tracking Cal8l1en Hi2b School Total # of Students .. # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Calallen Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Total # ADA-eligible days attended post JAC processing: . Approximate amount of ADA dollars saved tbrougb JAC efforts: , FlsceI Y car 2003 JuvenDe Assessment Center 18 13 5 1294 $36,374.34 9 8 1 642 $18,046.62 1936 $54,420.96 20 Flour Bluff Independent School District Schools Juvenile Assessment Center Scbool Attendance Tracking Flour Bluff Hi2b Scbool Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Flour Bluff Junior Hi2b Scbool Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Flour Bluff Intermediate Scbool Total # of Students . . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Total # ADA-eligible days attended post JAC processIng: . Approximate amount of ADA dollars saved through JAC efforts: , Fis<al Vcar2003 Juveaile Assessment Center 26 23 3 2143 $60,239.73 10 10 o 900 $25,299.00 I I o 139 $3,907.29 3182 $89,446.02 21 Robstown Independent School District Schools Juvenile Assessment Center School Attendance Tracking Robstown Hilfh School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Seale Junior Hilfh Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts . Total # ADA-eUgible days attended post JAC processing: Approximate amount of ADA dollars saved through JAC efforts: , Fiscal Y_2003 Juvenile As,es~ Ceoter 4 3 I N/A Unknown I 1 o 80 $2,248.80 80 $2,248.80 22 Tuloso-Midway School District Schools Juvenile Assessment Center School Attendance Tracking Tuloso Midwav Hilfh School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Tuloso-Mldwav Middle School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts . Total # ADA-eligible days attended post JAC processing: Approximate amount of ADA dollars saved through JAC efforts: , Fiscal Y _ 2003 JuvcaiJe Assessment Center 14 12 2 929 $26,114.19 5 4 I 201 $5,650.11 1130 $31,764.30 23 West 050 Independent School District Schools Juvenile Assessment Center School Attendance Tracking West 080 Hilfh School Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC effurts West Oso Middle School Total # of Students . # ofstndents JAC returned to school after violation . # of stndents that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC effurts West 080 Intermediate School Total # of Students . . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Total # ADA-eUgible days attended post JAC processing: . Approximate amount of ADA dollars saved through JAC efforts: , Fiscal Y_ 2003 JuveoileAlSellmcnt Carter 17 IS 2 863 $24,258.93 10 9 1 630 $17,709.30 5 5 o 383 $10,766.13 1876 $52,734.36 24 Other Schools Juvenile Assessment Center School Attendance Tracking Non-Nueces County Schools Total # of Students . Number of Schools . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Corpus Christi Academv Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts . Glory Full Gosoel Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . # of ADA-eligible days attended post JAC processing . Approximate amount of ADA dollars saved through JAC efforts Incarnate Word Academy Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked , La Raza Academy Total # of Students . Middle School (13). High School (19), GED (4) . # of students JAC returned to school after violation . # of students that could not be tracked Fiscal Y_2OO3 JuvCllile AssessmeIIt Center 26 24 13 13 N/A Unknown 11 7 4 N/A Unknown 1 1 o N/A Unknown 3 3 o 36 36 27 9 2S Other Schools (Cont.) Nueces County JJAEP Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked Richard Milburn Academv Total # of Students . # of students JAC returned to school after violation . # of students that could not be traCked GED Pro2rams (not includin2 La pnA) Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked . Home-School Students Total # of Students . # of students JAC returned to school after violation . # of students that could not be tracked , FiscoI Yeor2oo3 Juvenile Anenmmt Center 26 13 13 o 10 8 2 1 1 o 4 o 4 Juvenile Assessment Center 2002-2003 Juvenile Offense Tracking Report Number Of Offenses Committed By Juveniles Prior to JAC Intervention: 995 Number Of Offenses Committed By Juveniles Post JAC Intervention: 356 Juvenile Assessment Center 1200 1000 800 600 400 200 o i i I , : ..........' I , ~J.1o__[ Offenses A'ior To .lAC Offenses FIlst .lAC ~tervention: ~tervention: Offenses Prior to JAC Intervention: . Juveniles with No Prior Offenses: 652 Juveniles with Status Offenses: 130 Delinquent Juveniles with Non-Violent Offenses: 219 Delinquent Juveniles with Violent Offenses: 66 Offenses Post JAC Interventiou: Juveniles with No Offenses Post: Juveniles with Status Offenses: Delinquent Juveniles with Non-Violent Offenses: Delinquent Juveniles with Violent Offenses: 885 82 83 17 , C>>rfensn Prtor To JAC InterwnUon: orr...... PoRJac 1IMrYentIon: 700 1000 600 800 500 600 400 300 400 200 200 100 0 0 U II HI ~il U II HI ~il Fiscal Yeer 2003 Juvenile Assessment Center 27 Offenses Prior To JAC Intervention Status Offenses Number of Offenses (Juvenile History Prior to JAC Intake) Daytime Curfewffruancv 35 Nighttime Curfew 4 Failure to Attend School . 163 Disruption of School . 20 Expelled from AEP 10 Runaway 280 Non-Violent Offenses Number of Offenses (Juvenile History Post JAC Intake) Disorderlv Conduct 19 Criminal Mischief 23 Criminal Trespass 15 Unauthorized Use ofa Vehicle 5 Graffiti 7 Harassment 0 DrI12-related Offenses 86 Theft/BurgIary 95 Unlawful Telecommunications Device 6 Obstruction Retaliation I False Alarm/Reoort . 6 Interfere with Public Servant 3 Evadin2lResisting Detention or Arrest 28 Contempt ofMatzistrate 79 Violation of Probation 37 Bail JumDing 1 ' Violent Offenses Number of Offenses (Juvenile RistON Prior to JAC Intake) Assault Cause Bodilv Iniuries 26 Assauh Offensive!Provocative Nature 12 Terroristic Threat 21 Weapon Offense (some overlap with assault offenses) 3 , Sexual Offense 3 Robbery 5 Arson 2 Fiscal Yeor2oo3 JuveoUc Aucssment Center 28 Offenses Post JAC Intervention Status Offenses Number of Offenses (Juvenile History Post JAC Intake) Davtime Curfewffruancv 12 Nil!:httime Curfew 6 Failure to Attend School 104 Disruption of School 4 Expelled from AEP 6 Runaway 56 Non-Violent Offenses Number of Offenses (Juvenile Historv Post JAC Intake) Disorderly Conduct 12 Criminal Miscbjef 5 Criminal TreSPaSS 12 Unauthorized Use ofa Vehicle 6 Graffiti 1 Harassment 0 Dru~-related Offenses 27 Theft/B 13 Unlawful Telecommunications Device 0 Obstruction Retaliation 0 False AI rt 0 Interfere with Public Servant 1 EvadinWResistin~ Detention or Arrest . 11 Contempt of Magistrate 40 Violation of Probation 17 Bail JumPin2 1 Violent Offenses Number of Offenses (Juvenile Historv Post JAC Intake) Assauh Cause Bodily Iniuries 6 Assauh Offensive/Provocative Nature 3 Terroristic Threat 9 Weapon Offense (some overlap with assault offenses) 4 SexwlI Offense 0 Robberv 0 , . Arson 0 , Fiscal Yeor2oo3 Juvenile Assessment Center 29 Juvenile Assessment Center CITY OF CORPUS CHRISTI PARK AND RECREATION DEPARTMENT Annual Statistical Report August 2002 - July 2003 Total number of Intakes: 1280 Day: 113 Night: 313 Court: 854 Total Number of Juveniles: 1067 Age Range: 10-18 Male; 606 Female: 461 . Ages: 10: 6 11: 18 Mean Age: 14.93 12: 64 Median Age: 16.5 13: 111 Modal Age: 16 14: 181 15: 236 16: 282 17: 167 18: 2 Ethnicity: African-American: 73 Hispanic: 803 , Anglo: 186 Nat. American: 2 Asian: 3 Grode Level: 3rd : 1 9th : 305 4th : 5 10th : 206 5th : 19 11th : 128 6th : 72 12th: 19 7th : 125 GED/Other: 2 8th : 185 FlscalYeor2oo3. Juvenile Assessment Center 30 High Schools: ALC: 4 Holmes: 1 Pace: 1 Alternative: 3 Home School: 3 Ray: 110 Banquete: 1 Incamate Word: 2 Richard Milburn: 16 Calallen: 19 JJAEP: 4 Robstown: 4 Carroll: 84 King: 66 Sinton: 5 Corpus Christi Academy: 10 La Raza: 15 Skidmore-Tynan: 1 Flour Bluff: 28 Mathis: 3 SLGC: 17 George West: 1 MemOrial (Victoria): 1 Taft: 2 Glory Full Gospel: 1 Miller: 85 Tuloso-Midway: 14 Gregory Portland: 5 Moody: 95 West 080: 18 Harlingen South: 1 Orange Grove: 1 Not Enrolled: 37 MlddIe Schools: Baker: 29 Grant: 15 Mayde Creek: 1 Banquete: 1 Gregory Portland: 2 Odem: 1 'Belville: 1 Haas: 10 Robstown Seale: 1 Bishop: 1 Hamlin: 31 Rockport-Fulton: 1 Browne: 35 Home School: 1 SLGC: 22 Calallen: 10 Incamate Word: 1 South Park: 17 Cullen: 13 . JJAEP: 4 St. Plus: 1 Cunningham: 22 KafflEl: 10 Tuloso-Midway: 6 Driscoll: 30 La Raza: 11 West 080: 12 Flour Bluff: Leon Taylor: 1 . 12 Wynn Seale: 31 Forest Oak: 2 Martin: 29 Not Enrolled: 13 Fiscal Yeor 2003 JuvenDc Asscssuat Center 31 Pick-Up Times: 8 am-9 am: 0 9 am-lO am: 6 10 am-ll am: 12 II am-12 pm: 34 12 pm-I pm: 32 1 pm-2 pm: 26 2 pm-3 pm: 23 . Released To: Both Parents: 8 CCPD Transported: 25 Father: 59 Grandparents: 20 La Raza: 30 Mother: 211 II pm-I2am: 21 12 am-I am: 61 1 am-2 am: 78 2 am-3 am: 60 3 am-4 am: 33 4 am-5 am: 32 5 am-6 am: 8 Other: 20 Paroren7o~tionOfficer:2 Sibling: 9 Step Father: 7 Step Mother: 5 Aunt/Uncle: 30 ST A TISTICS FROM THE INT AKE LOG . WEEK No. of Students Peak Day 1. 5 Friday 2. 10 Thursday 3. 9 Saturday 4. 4 Monday/Thursday/Friday/Saturday 5. 9 Tuesday 6. 8 Friday 7. 4 S~day 8. 12 Friday 9. 6 Sunday 10. 8 Thursday 11. 18 Saturday 12. 14 Tuesday 13. 4 Wednesday , 14. 5 Friday 15. 7 Wednesday 16. 10 Friday 17. 4 Saturday 18. 11 Friday 19. 6 Saturday 20. 4 Friday/Saturday 21. 3 Friday 22. 16 Saturday 23. 2 Wednesday/Saturday 24. 8 Friday 25. 8 Friday 26. 15 Tuesday FiscoIYeor2003 Juvenile Assessment Center 32 27. 7 Thursday / Friday 28. 4 Tuesday / Thursday / Friday / Saturday 29. 8 Friday 30. 8 Sunday 31. 4 Friday 32. 9 Saturday 33. 7 Friday 34. 3 Friday 35. 10 Monday 36. 5 Friday 37. 5 Saturday 38. 13 Friday 39. 13 Saturday 40. to Friday 41. 12 Friday 42. 18 Saturday 43. 8 Tuesday 44. 14 Friday 45. 13 Monday 46. 4 Saturday / Sunday . 47. 7 Thursday 48. 4 Saturday 49. 6 Friday 50. 7 Tuesday 51. 7 Friday 52. 10 Friday/Sunday PEAK DAY: Friday ST A TISTICS FROM THE STUDENT INT AKE FORM ChUd lives with: , Both Parents: Mother: Mother/Step-Parent: Father: Father/Step-Parent: 329 429 127 69 20 Step-Parent: Other: I 92 Fiscal Yeor2003 JuvenUe Assessment Center 33 REPEAT OFFENDERS Total Number of Repeat Offenders from August 2002 - July 2003: 87 Two (2) Times: 76 GENDER Male: Female: ETHNICITY 41 Hispanic: 61 35 Anglo: 9 African-American: 6 In the following schools: ALC: 1 . Baker: 1 Bishop; 1 Browne: 2 Calallen: 1 Carroll: 5 Cullen: 3 Driscoll: 5 Flour Bluff: 3 Three (3) Times: J.Q GENDER Male: 7 Female: 3 Grant: Hamlin: Home: JJAEP: King; La Raza: Lanier: Lozano; Martin: ETHNICfIY Hispanic: 9 African! American: I. In the following schools: Cunningham: 1 JJAEP: 1 Four (4) Times: 1 GENDER Male: 0 Female: 1 ETHNICITY Hispanic: 1 In the following schools: Cunningham: 1 Fiscal Yeor 2003 1 2 1 1 5 4 1 1 1 Miller: Ray: JuvenUe AueBS~ Center GRADE AGE 4: I 6: 3 11: 1 7: 12 13: 12 8: 16 14: 9 9: 21 15: 18 10: 15 16: 22 11: 7 17: 14 12: 1 Miller; Moody; Ray: Richard Milburn: Robstown-Ortiz: SLGC: Tuloso-Midway: Wynn Seale; GRADE 7: 1 8: 1 9: 5 10: 3 AGE 14: 2 15: 3 , 16: 5 3 5 GRADE 8: 1 AGE 15: 1 8 6 7 2 1 11 1 1 34 QuestWns: "What is your nudn interest in life?" I don't know · RISKS · Nothing · To graduate from school and go to TeJtas University also go to the WNBA · Work-School.&Tennis · To graduate school * Sports · To become an EMT · Mambo and my brothers and sister and my dad · To flovv. To be an FBI * Going to school * To graduate and live life * Playing Football * Me, myself, and Laura * Basketball * Horses · Girls · Rapping!Making beats.. Feel great about; I did something with my life. · To get through college and hopefully one day become a nurse. · Marine Biology · Success in school, be somebody in life · Sports and my family * My family * To be a basketball player * My brothers, sisters and Mom * Finish high school. Surf and become pro in either skateboarding or surfing.. To live forever · To live forever * I do not know · Dog's · Just to have a good life · To succeed in school, , graduate, make babies and have a good job to support my babies. * My family is important. * Stay alive and have fun while I am YOuDg.. To finish school and go to college ... To become the best example fur people to look up to. Also, I would like to be a Physical Therapist * Having money when I grow up. * To go to college and get a good job and support my family * Right now, to do good in schooL * Supporting my baby * Fiscal Yeor 2003 Juvenile Assessment Center 3S Draw * Being a model, lawyer, doctor. * Makmas, don't know. * To do good. * Having fun. * To become successful. * To get away from trouble and have the cops leave me the heck alone. * Living everyday * Catholic charities * Play, private. 1 hate school and I don't like to work. * Theater * Make my mom proud. * Being a successful person * To support my daughter * Designer or softball for'now. * To graduate from school and coiltinue in college and then become a lawyer (defense) * Not to be bad anymore because it ain't worth nothing. * To be a welder * To be a nurse * To have a good job and give my baby everything she wants * Working on cars and driving * A career in singing and choreographing * To do anything to make my parents proud. * To make money * When I was going to Ray 1 was in ROTC. 1 was going to get in the NAVY. * I want to be a cop. * To finish school and join the A4' Force * Succeed in school * Family * Music, Education * To be a teacher * My goals * To play sports and be a normal kid. * To have fun and enjoy it safely. * So I can grow up and make my family proud of me because of what I became. * To be a Airfofce Pilot. * Be a counselor * To survive in this fudged up game. * Ride my bike * To get a good education * To go to Sam Houston college and major under business. * To do my best at everything * Skateboarding, BMX, Music, School * Nothing, "I like to play football" * Sports * Tattoo Artist or Auto Collision and repair * Stand up comedy * To be a teacher that teaches the small kids. * My main interest in life is to be a good person * A pediatrician, a doctor for kids. Video games * Being a truck driver * Band, Skating * Don't have one * Have not decided * . Help others * I would like to be a mechanic * To be a doctor or a nurse * Living with my Mom & Dad. * My interest in life is to get a car and a real good job. * My kids * To never stop bruiting. "q you had a choice between attending school, working, or doing both, which would you choose'!" School: Work: Both: Blank: 82 81 203 31 Neither: "These family members work:" Both Parents: 79 Father: 49 Father/Other: 5 Father/Step-Parent: 6 Father/Step-ParentlOther: 3 Mother/Father/Other: 8 Mother/Father/Step-Parent: 16 Mother/Father/Step-Parent/Other: 3 Mother: Mother/Other: ' Mother/Step-Pareirt: '_ Step-Parent: Step-Parent/Other: Other: Juvenile Does Not Know: No One Employed: Fiscal Yeor 2003 Juvenile Assessment Center 29 89 17 30 18 2 32 60 9 36 "What would you like for school to offer you that you are not getting now?" Driver's Ed" Respect" Go to class whenever I can .. Work program .. Money" Help me out more, explain more better" A school can offer me a scholarship and more or higher knowledge" More math" Some well discipline" There is nothing they can offer me .. Dress code/Better teachers" Passes up with your age .. Gymnastics" I'm happy with what I'm learning" I want to be able to eat outside ofthe school" Trust" Dress how you wanna dress" Better food for lunch" Better teachers" A good job to rely on and good pay." Wrestling team" Nothing from the school. .. Nothing because my school is the most liked school and everything is simple for us. .. To offer better one on one teaching. .. Work program .. Nuttin .. Time to dq what we wanna do. .. A choice of what class you wanila be in at that time. .. More time to chill less time to study. .. Teach me more of everything. * Money, less time doing working and more time chilling with friends. .. To get out earlier and more food. .. Money and less time doing work" Getting my ring. "A class that teaches you the style fashion people like to wear! .. More interesting education topics." Nothing really because I'm already taking law enforcement classes in school. .. More teaching about peer pressure and what happens" More attention from the teachers .. Nothing, I just don't like being around a lot of people. .. More help on my work and education of the laws. .. To let me stay home. I would like it to offer P.E. cause we don't have P.E. .. Not as strict of teachers .. A computer (Dell) .. To niake class more .interesting." Teachers who are willing to teach without getting upset cause a student doesn't understand" Workshop, Mechanic" Better education" More involved teachers .. Better attention inside & outside of school .. More music education" To help pass .. Nothing really. I think that I learn enough at school. .. Respect!!! .. I like it like it is. .. To put me back in 11 th grade. .. Going to school half school time and a part time job. · To let me express myself. Scouts (For sports) · Nothing, "Do not like school" · No more dress code · Well they basically have everything there. .. Animals · Someone to talk to that helps you with your problems · To start a BMX team .. .To go up one grade so that I would not be so fur behind. .. Another chance to be better.. Martial arts class · Better computers. To make school fun. · Get out at 3:00p.m. Not 3:10p.m. · A guitar class · Another chance · Big gym · I think that kids at Miller should wear shoes. · Medical classes · Real Teachers that can teach. "Where do you see yourself fIVe years from now?" , In college · Getting a job that makes me look good" No where that I could think of. In college, playing basketball · Pro Tennis Player · Either a singer, dancer or actor .. Getting out of school! .. Being an EMT; saving lives" On stage .. Prison" Being a computer technician · Big ballin · Playing football, working out · Working behind a desk" Working with a life" My record" A millionaire .. On a microphone/Refineries .. Living very comfortable" Hopefully still in college and working still · At a office helping others · Graduation · In California · A mother. Somewhere in California .. Too short to tell.. Attending college · In School · Hopefully in college. · Working at a refinery making good money. · Wealthy · Hopefully with a better job and married with a tiunily. .. In college or having a 1iuniJy .. Working · In College · Still working · One of the following, mode~ lawyer or doctor. .. ChiIlen at home.. Owning my own auto body shop. · With.a 5 year old son/married. · Working making a life · Living my life with no struggles" With a Mustang · In high school. · In an auto body Fi"",IYeorZOO3 JuvcnDe Assos:smeot Center 37 shop * Already have a degree to make or design clothes * Maybe airforce/2 years college * In college working for a medical degree. * An OBGYN * Having my own auto shop * From the path I am going, maybe dead or in the pen (Prison) * See self dead because I am frustrated with myself. * Working & having my own place * Have a big house. * Dead * In hiw school * Working in an office in N.Y.C. * Working probably trying to support a future fiunily * Probably locked up, cops always messing with me. * Game Warden * Have a good job finish school and get the car I have been wanting. * No where * Rich * Working take care of kids. * School or own a mcer shop for trucks and cars * At a school earning my degree to be a neonatal nurse. * Attending college to be a lawyer * Go to the Navy * Hopefully working and skating. . "What are the consequences you may have to face in the future for violating curfew and/or not going to school now?" I'm not going to do it again. * Fines, parents getting arrested. * I don't know. * Moving back with my mom * I could not get ajob, I could get tickets, and I could be stupid. * Probation and community services. * Nothing because I have it all * Not going out at night. * Losing filith by my fiunily, jeopardizing my future in sports and school. * I don't know it's never going to happen again. * Locked up. * Going to jail or a ticket. * I go to school it was just this time. * Going to boot camp and not being able to see my little . brother. * Getting in trouble with my parents. * No consequences, because I'm going to schooL * Going to jai~ paying fines. * Having a record, maybe have bad credit. * Probation or fine * Not being trusted. * Not being eligible for college. * My parents, I might loose my job as well. * Get in trouble with the law. * Getting Locked up * I go to school on Monday * Probably 8 months in boot camp. * Imprisonment * A ticket, I don't really know. * Jail time, I don't have _ * Citation, or getting hurt. * Fines, Juvenile * Not finishing on time and a lot of tickets to pay. * I'm going to be a nobody and I don't want that for me. * Be put in jail * A bad record or a bad resume for a job. * Pay my tickets for curfew violation * I will get suspended * Proliably get weeks, months of grounded, a.-:.. woupen. * A fight with my fiunily * Nothing cause I always go to class except for now. * Community service or prohation. * Charges, not getting education, JJC * Get caught by the cops * 1 won't be able to attend college * Pay too many tines! Hell NO!! * That this will always be on my record. * I know I'm going to loose my mom's trust something that s important to me and -it is going to stay on my record SQIllething that is not good for me because it will inflict with mym * My grandma doesn't know that I drank today but I don't drink and now I am going to get in trouble and maybe will have to go back to San Antonio. * Having no money, Bumming money from my parents, no life. * Maybe getting kicked out of school, I promise to never do it again. * When I am now and not getting everything that I want cause I have no good job * My mom or parents wnuld beat me which they are going to do today. * I would not know my consequences. * It would take me longer to get a job. * Prison * Go to boot camp * You can get locked up and get into trouble * Not having a job or being homeless. * My last name and my past family who marked me for life * That I have to pay a ticket or go to some classes or something. * I could become stupid and I could go to jail. * I will move to California with my dad and loose all trust with my mom * Getting in trouble with the police and getting in trouble with curfew again. * I would probably have to move away. * Unsure * Fine, and possible time in juvenile facilities. * Going to court and being on probation Fiscal Yeor 2003 Juvenile Asscssmcmt Center 38 >I< When I have kids of my own. >I< I may end up where I am now and for not going to schoo~ It will be hard to find work. >I< A situation of going to JJC * I have no clue. * Being in here again >I< Consequences-not going out for a long time. * Court and bigger fmes >I< Having no food or shelter >I< I really don't know, but hopefully 1 don't have to deal with these things. >I< I told you, I don't even leave, 1 also go to school * TYC or Bootcamp. "lfyou had the opportunity to change anyth;ng;n life, what would you change?" I wouldn't change anything. >I< What happened to me today. >I< Nothing * Don't know! >I< I would change all the trouble I got into. >I< My whole life * Wars, I would like everyone to treat me like I treat them (good & respect) * I would change how many people act in the world along with some laws. * Some of the choices I make. >I< Don't listen to my mom. * My having to disrespect everyone. * What happened today leaving school fur a car part. >I< My record * What is happening now. * Not to leave school again. * Not smoking marijuana and wish my brother was still here. * My life >I< Getting caught for curfew, going to court for truancy. * Everything * My whole life. * Getting this ticket right now. * Tonight, 1 would have stayed home. * I will change 1,000010 * My looks * Make friends * To get my parents back together. * NADA * Me and Life. * Me ever skipping or .running away, but the first I would change is having my grandmother past away. * This situation * My freshman year of High School. * Yes, because it could have been at home safe. * No, because it happened already. * Not going out till I'm 17 * I would do anything possible such as serve the community or pray. * I do not think so. * I wish I wasn't alive. * 1 would change the way I am and do good. >I< The situation I'm in right now. I wouldn't of skipped. * Not going to a Circle K >I< Finish School * Gangs * Not to stay out late. * Going through the park tonight * Living in Corpus Christi · Cops invading peoples personal life for no reason. * Straighten out my life. * Go to church with my mother and father. * Wait till my friends mom called my cell or check to see my friends, friend have an J.D. * Never violate this rule again. * Not right now but in the future I won't go with friends, I'll just call her. * Think about the things I do and decide 0Ii. * To stay in school and become an RN * Start listening to my parents more. * No, because when I leave for a while all I get the cops called on me.. * Beclluse it's not my fauh and I cannot change it. * I am if I get another chance. >I< My Attitude * I would want to change the- way I act. * My laziness, my behavior * I would change all the violence. * I would probably not want to be here. * I would change to go back to school. >I< My family! * All oftiie bad things I have done in the past * My last name >I< My record * I would change the madness between my Mom & Dad. >I< Going to party and violating curfew for a girl * This moment * My house. * My hair color >I< For there to be no problems, world peace * I would have not gotten in the car. * Nothing, I love my family and friends. I would only want to change this night. * My procrastination * Never to fail so many times. * Because we were driving around * Because we were going to go back to my friends house and we went on the wrong side of a one way street >I< Had no ride home. >I< I don't want to change my life * The relationship between pets. * I would change the filet that I skip school. >I< The filet that I stayed out way past my curfew * My attitude and my ability to think before I act. * My aunt's death. * Nothing really my life is pretty great >I< My record * I would change my attitude. * Not to have gotten kicked out of school * Where I live, too many people are always there. * My family's deaths * Being depressed * I like the way Fiscal Yeor 2003 Juvadle An' cJJmrDl Center 39 God made me. * The way people make fun of my sister * Me not going to school * The decision I made tonight * Changing these tickets and getting in trouble with the law. * Getting pregnant * My grandma's death * TIle place 1 am right now. I would have made the right choice * The way life is. "Is there anything you can do to make that change happen?" Yes: No: "WhQ/?" 190 196 Maybe: 17 Blank: 23 Start going to school. * Don't get in trouble. * Straighten out my life. * Nothing * My dad's work * Stop violating curfew. * Start going to school every day. * Yes, because I could have been at home safe. No, because it happened already. * Go back to school. * Not go with my friend. * I will start listening to my parents: * Hope school starts soon. * My life * Stay at home again. * Think before acting, have patieqce. * Over power my mind (is what I could think of) * Make better choices. * Not going out till I'm seventeen. * Stand up to the law. * Oh 1 am going to follow through with he court order and get it over with. * I can stop talking back and keep my mouth shut. * To stay in school and . become an RN . * Go to church with my mother and futher. * For me and my mom to move and not tell no one. * Because its already happened and what's done is done. * Different friend's and not do any favors for friend's. * Be more supportive and try to understand why she is never home. * I could nm for President and try to become the first Black President ever. * Yeap, try harder not to mess up. * Wait till my friend's mom called my cell or check to see my friend's, friend have an I.D. * My Mom and Dad "Which of these levels of school is the highest level that your parents jinished?" MOTHER Elementary School: Jr. HighlMiddle School: High School: Jr. College: CollegelUniversity: Juvenile Does Not Know: Blank: 6 55 218 51 35 56 5 FATHER Elementary School: Jr. High/Middle School: High School: Jr. College: CollegelUniversity: Juvenile Does Not Know: Blank: 8 36 . 168 3>4 ~1 138 11 Questions for Students Violating Nigbt-Time Curfew or Day-T}me Curfew... When Not Enrolled in School "Why do you violate curfew?" Go to friend's aunt's house ~ Stay the night at a cousin's house * Don't know * It just happened * I was not thinking ahd was going to one of my relative's house; to see him * I FiscoI Yeor2003 JuvenUe Assessment Center 40 was going to see my friend who is moving tomorrow'" To go bowling, walk to friend's house to spend the night'" Because I want to'" 1 don't attempt to but it just happen'" My first time ! I was on my way home and I was late'" Asked for a ride and got in the mix with something 1 did not know about'" Think weird'" It was just this once, I don't ever violate curfew'" I didn't know that there was curfew when school was not in'" I was at a dance, on way back home, stopped to get something to eat, ran after boyfriend to get cell phone'" I don't want to be home'" 1 was picking my friend up to take him to my house ... Because strangers think they can control your life, that's BULL'" I was hungry I was going to pick up a friend's clothes from his house because 1 wanted to see his new house ... I wanted to visit my aunt'" Because I feel like it ... I don't, this is my first time. ... I don't mean to. ... Because 1 was going to a fri.ends house for a car part. ... People are not amused at being home all night. So me and my girlfriend, cousin and homeboy always cruise everywhere and cops always get to bother people who are harmless worrying about curfew and not a real crime. ... Because 1 was trying to get a ride home since my friend didn't have a car. ... I didn't know the curfew time in Annaville. ... To be with my friends but the way it ended for me for the night. ... Because I was at a friends house and I decided to come home early. ... Because it was a mistake and I shouldn't have been out past my curfew. ... I was out that late because we were in the field for so long.'" I have things to do. ... I was troubled and I started · I went to a concert.'" I didn't know that there was a curfew for the park ... Need a ride home.'" Visiting Grandma'" Because there . is nothing else to do. ... Getting a ride home.'" Because my parents trust me and allow me to spend time with my friends. ... Don't have a reason ... I'm not really sure, it was just a first time thing and I never thought it was going to end like this.'" Spending night at friends house. ... Didn't mean to because we were coming from a quince!. I just wanted to be with my friends an I never thought I would get caught. ... I don't mean to I just didn't have a ride home at the time.'" My friends all went and I decided to go along with them. ... I was at a house and did not think it would be a violation inside" I never do but I just did this time in a long time because I was hanging out with my boyfriend. ... I was visiting a friend ... I went to go get something to eat. ... We were watching a movie "Men in Black IT" at Sunrise Mall and we found a wallet in the floor. After the police told me to give it back ... Spend time with brother'" I was at a concert ... I was with my brother ... Because I was with a girl. ... I was just going to lIEB real quick (Trying to find a 24 hour one)'" I didn't mean to. I was just taking a walk cuzI was mad.'" I was scaredofa guy knocking at my door.'" Was with cousin (18), he picked him up. ... Because 1 stayed for Midnight bowling. ... I didn't mean to violate curfew just giving my brother a ride. ... Because my girlfriend's mom was going to hit her.'" I didn't know it was tl1at late. I was heading home after we got a drink at the store. ... Cause 1 wanted to talk to a friend ... Because a friend needed a ride somewhere (emergency!) ... I was doing a mvor for a good friend. She had told me it was an emergency. ... I had just gotten to a good friends house and they pulled me over. ... I violate curfew because I am with my brother riding around and lose track of time. ... I was getting driven home from a concert, the driver was speeding'" Bowling, I didn't notice time. ... I wasn't trying to violate curfew. I was trying to get home from Del Mar. ... Cause I had to see a doc. ... Stupid ... Because I was doing a job playing guitar. ... Because we were riding in my friend's mom's car then we got pulled Over. ... Bored, jogging before curfew · I was at a wedding, changed over at the wedding (North Shore Country Club) left with sister because she was taking me home. ... I was not because I was with a 21-year-old. ... My friend locked his keys in his car and me and my FiscoI Yeor 2003 Juvenile Assessment Ccntor 41 friend went to give him his extra keys. '" My sister and her boyfriend had me out. We were going to her house. '" This is my first time violating curfew and last. "What do you usually do when you violate curfew?" Stay the night at fiunily member's house'" Don't know! Never happened before'" Driving '" Visit my cousin and eat or go to the movies'" Sometimes sports hold me up after curfew'" Just ride in a car * Stay where 1 am '" Something's * I don't, 1 am usually at home staying out of trouble * Chill * Go to the store or go home * Stay up'" It was for my brothers going away party * Go and eat at Whataburger and then go home '" Never have violated, curfew'" 1st time'" Don) worry about it, I'm not your child'" Go see my grandma and to the mail * Be home at 12:00'" Nothing, because I've never violated curfew. * Drive around. * I have never violated the curfew. '" Party '" 1 do not know. * First time-go to friend's house '" Just go to get something to eat and get pulled over or just walk to the store and get stopped. '" Try and find a ride home. '" I do not ever violate curfew, I don't usually stay out this late. '" Drive around with a friend '" I do not violate curfew, this is the first time. '" I don't usually "Violate Curfew" * At Doctor's office or at home. '" Get caught & nothing much. '" Go to concert. '" Be here. '" I never violate till . now ya'll say. '" Walking home'" Important things. '" Get sent home. * Go to parties or hang out with my friends'" See this I've never done, sometime I'll go eat some food from . Whataburger at about 11 or something. '" This is my first time for night curfew SO come here! '" I only had been to a friends house. '" I never done it before and in Brownsville, where I live we don't have curfew. '" Just hang out and not usually drink. '" I've been caught one time, and I was with a friend driving. '" I usually don't but when I do, I'm . outside my porch with my friends talking. '" I have never violated curfew before. Walk home from the mall. Sunrise mall '" Suffer the consequences'" Go to Cousins house. '" I have never done it too often so,l'm not too sure. Usually go to a friend's house. '" I do not because I never get caught by anything. I guess I won't do it again. '" I never violated curfew, today I did because it was an emergency. '" Try to get to one of my relative's house as fust as I can ! '" Stay don't run '" Pay my fine, and do community service '" I am usually riding around with my brother. '" Go right home. '" Well, this is like one of the first times I have violated curfew'" Stay home or I have doctor's appt. '" Going to get my sweater '" Get sad and mad and start to cry sometimes'" This is my second, I don't do it that often '" I've never violated my night time curfew. '" Get a long talk and get in trouble with grandma. '" I don't know I've never violated curfew '" I get scared and don't know what to do. '" I go home. Most of the time I'm with fiunily but I'm always on my way home. '" Wish I would of stayed home. Questions for Students Skipping School: "Why do you skip school?" Because my friend did not want to stay in school to go to her boyfriend and I went along. '" Because of girls and to have fun. '" I don't skip school'" To apply for a job. '" First time fiscal Y eor 2003 Juvenile Ass l !.th;nt Center 42 this year to get a part for my car. * I did not skip schoo~ I was helping the two girl's from getting into a fight. * Because it gets boring * I don't like to be around a lot of people, because of anxiety, I get nervous easily. * For the Doctor * Swimming, go back to school at 3:30p.m. * Because somebody wants to kick my ass and I really don't know. * Don't like school and teachers, I hate them. * 1 don't like school * 1 am troubled. I had things on my mind. * I've never skipped school. * Cuz I don't want to go. * Not in school * Important or emergency * Because it's not like I'm gonua pass the 1st 6 weeks anyway and because it's boring. * To avoid the people who pick on me. * Missed the bus. * I have nothing better to do. * I did not skip school. I got to school and I was on my way to class and a cop stopped me and said; you are going to ISS. That's when I said "no" because, 1 didn't know what was goin& on so 1 left school. * To eat some real food. * This is my first time, I never thought 1 would get caught. * Cause 1 woke up late and the haby was a little sick, and you can't bring her to the daycare sick. * Because when I go to schoo~ I seem to get in trouble and bored * Cause I don't like school! * I've never really skipped school. I would do it because someone will pick on me or I'm in trouble and I don't want to tell my parents. * Because I don't like Carroll * Went with "hushand"/boyfriend" * Because ROTC is boring and 1 was going to miss class, so 1 will miss school. * Because I'm mad and don't wanna go or I'm depressed and I don't want to do anything. * I went to get some of my school supplies at home * Because it was the last day till Thanksgiving. * We were not going to do anything in school. * So my Mom . and Dad would not find out I was suspended. * Because I was suspended · I dOll't know I haven't skipped before. Boring * Cuz I am a drop out. * Because I work and it is tiring. * I don't know, I just did not feel like going * Don't like being around a lot of people. "What do you usuolly do when you skip school?" This is my first time looking for ajob * Go to the locker room and sit there, or leave to a friend's * I do not know because I do not skip school * Be with girlfriend * N/ A I don't skip school * First time-go to friends house. * You will get in big trouble with the principal. * When I am tired from work * Hang out in restroom * Go places or get caught. * Stay at home. * Walk around. * I go eat because I don't like the cafeteria food. / Usually when I do not go to schoo~ I sleep. * Stay at home with my baby. * Hangout with my friends or walk around till school out. * Well, I don't do nothing-cause I don't skip. * Ride around on the bus. * Just walk around * Go to Staples Station. *, Whatever comes to mind. * Listen to music, go eat, go places. · Walk around * So my mom doesn't fmd out I was in trouble. * Go to a friend's. Someone who doesn't go to school and stay with them. * Stay home play games. "Do your friends encourage you to violate curfew/skip school?" Yes: 38 No: 376 Blank: 12 Fiscal Yeor 2003 Juvenile ASIC' Mol pC" CeDter 43 Qllestions for Students NOT ENROLLED in School: "What factor(s) haslhave contributed to your non-enrollment?" Lack of interest: Principal: Teacher(s): I o o Parent(s): Blank: o 49 "How long have YOIl been out of school?" One-Week: Two-Weeks: Five-Weeks: 1 3 1 . Two-Months: Four-Months: Six-Months: 1 1 1 One Year: 5 Onel!2 Year: 1 Two Years: 1 Blank: 35 "Do YOIl plan on going back?" Yes: 11 No: 5 Blank: 34 . "qyou tkJ not want to go back, would you be interested in obtaining a G.E.D.?" Yes: 12 No: 4 Blank: 34 "Whtll are you doing now?" Looking for work, try to get enrolled in school at CCISD · Going back to school · Odd jobs or jobs as they come. · Getting my GED.. Trying to check into Del Mar for GED classes · Writing. , Fiscal Yeor 2003 Juvenile "',---nt Center 44 Statistics/rom the PROBLEM ORIENTED SCREENING INSTRUMENT FOR TEENAGERS (POSI1) NUMBER OF JUVENILES WHO DID NOT TAKE THE POSIT: 169 A. Substance Use/Abuse: Low Risk: 738 Middle Risk' 329 High Risk: 44 B. Physical Health: Low Risk: 572 Middle Risk: 348 High Risk: . 191 C. Mental Health: Low Risk: 497 Middle Risk: 374 High Risk: 240 D. Family Relationships; Low Risk: 438 Micfdle Risk: 390 High Risk: 283 E. Peer Relationships: Low Risk: 484 Middle Risk: 523 High Risk: 104 . F. Educational Status; Low Risk: 338 Middle Risk: 435 High Risk: 338 G. Vocational Status; Low Risk: 369 Middle Risk: 184 High Risk: 558 H. Social Skills; Low Risk: 371 Middle Risk: 394 High Risk: 346 L Leisure/Recreation: Low Risk: 386 Middle Risk: 379 High Risk: 346 J. Aggressive , BehaviorlDelinquency: Low Risk: 427 Middle Risk: 600 High Risk: 84 FiscoIYeor2oo3 Juvenile Assessment Center 45 Statistics from the PROBLEM ORIENTED SCREENING INSTRUMENT FOR PARENTS (pOSIp) NUMBER OF PARENTS WHO DID NOT TAKE THE POSIP: 298 A. Substance Use/Abuse: Low Risk: 732 Middle Risk: 216 High Risk: 34 C. Mental Health: Low Risk: 546 Middle Risk: 304 High Risk: 132 D. Family Relationships: Low Risk: 449 Middle Risk: 393 High Risk: 140 . E. Peer Relationships: Low Risk: 616 Middle Risk: 311 High Risk: 55 J. Aggressive Behavior/Delinquency: Low Risk: 461 Middle Risk: 458 High Risk: 63 , FiscalYeorZ003 Juvenile Assessment Center 46 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 28. 2003 AGENDA ITEM: Consideration of an appeal filed by Joe McComb regarding Plat No. 0903100-NP44, Los Encinos Industrial Sites, Block 1, Lot 1 (Final- 3.543 Acres) located at the southwest corner of Greenwood Drive and Holly Road. ISSUE: The applicant in appeal of his plat has maintained the following: 1) The subject property is legally platted and a replat is not required; 2) Opposed to the dedication of 7.S feet of right-of-way for Greenwood Drive; and 3) Opposed to payment of the required water and wastewater acreage fees. Approval of the appeal relating to required street dedication and payment of acreage fees would establish a prececlent for other owners/developers to file appeals that would undermine the City's adopted Urban Transportation Plan and acreage development fee requirements; this would also jeopardize the trust accounts that are funded by these fees and are used to reimburse developers for off-site improvements for extension of water and wastewater lines to their properties. REQUIRED COUNCIL ACTION: A motion to approve or deny appeal, or any part thereof, relating to the right-of-way dedication and waiver of acreage fees. PREVIOUS COUNCIL ACTION: 1) Approval of water acreage fees and the Trust Accounts, June 23, 1982 (Ordinance 17092) 2) Approval of wastewater acreage fees and the Trust Accounts, November 24, 1982 (Ordinance 17396) 2) Adoption of the Corpus Christi Urban Transportation Plan, March 25, 2003 CONCLUSION: 1) Requirement to Plat - The issue of whether a plat is required is not debatable. Based on the review of City legal counsel referencing state law, the Platting Ordinance, and the City Charter, the subject property Is clearly the remainder of a portion of the platted Bohemian Colony Lands filed for record In the Nueces County Clerk's office on June 6, 1909. Therefore, a plat of the subject property Is required. City Council Agenda Memorandum October 28, 2003 Page 2 2) Right-of-Way Dedication - Adherence to required street dedications per the adopted Urban Transportation Plan is critical to the City's ability to obtain right-of-way for future street widening improvements to increase road capacities. 3) Acreage Fees - The acreage fee system is a fair and equitable process that provides for the extension of water and wastewater lines with private sector dollars. This is the developer's fair share of development costs that also aliow reimbursement to developers for extension of water and wastewater lines to their properties. RECOMMENDATION: Approval of a motion to deny the plat appeal. t Michael N. G nning, AICP, Assistant D' ector Development Services/Planning Dire or Iw Attachments: Appeal Letter Dated October 9, 2003 Appeal Letter Dated October 13, 2003 Exhibits 1 - 4 Staff Review Dated September 17, 2003 Staff Plat Recommendations Dated September 24, 2003 Planning Commission Minutes Dated September 24, 2003 Planning Commission Minutes Dated October 8, 2003 Planning Commission Notes from October 8, 2003 meeting (H:WORD\PLNR\SHARED\PLATS\FORMS\AGENDAMEMORANDUM.McComb.DOC) BACKGROUND Mr. McComb submitted his initial letter of appeal to the City Secretary's Office on October 9, 2003. At Staff's request, a second letter of appeal was submitted on October 1S, 2003 clarifying the specific requirements to which he was in opposition. (Attachments 1 and 2) The requirements were listed as follows: 1) Reauirement to Plat Mr. McComb maintains that once a property is platted it cannot be 'unplatted". In referencing the plat appeal letter dated October 13, 2003, reference was made to two properties platted in 1959 and 1972. The first property known as Las Palmas Subdivision, Unit I containing 40.7 acres, was filed for record in 19S9 and In 1960 renamed Los Encinos Subdivision Unit I. The second tract of 3.5S0 acres, known as Los Encinos Industrial Sites, Lot 2, Block 1 was filed for record in 1972. Neither of these plats included Mr. McComb's property (refer to map exhibits 1-4). The property in the plats for Las Palmas and Los Encinos and Mr. McComb's unplatted tract of 3.543 acres came out of the original Bohemian Colony Lands platted in 1909. Although Bohemian Colony Lands was once legally platted, as properties were sold by metes and bounds, some of which were subsequently platted, this parceling of lands left the remainder of the Bohemian Colony Lands unplatted. Because the property lines of the original plat were changed through the sale of land, the remaining Bohemian Colony Lands' boundaries no longer coincide with the legal description in the original plat. Mr. McComb's property is described on his proposed plat as a 3.S43 acre portion of an 11.939 acre tract platted as Las Palmas. This, however, is incorrect in that Mr. McComb's property and the adjacent 1972 Los Encinos plat are out of the Bohemian Colony Lands, Lot 1, Section 6. The description on its face, as shown on the proposed plat, clearly indicates the property as being the remainder of an original plat, whether it be Las Palmas or Bohemian Lands. Los Encinos Industrial Sites, Lot 2, Block 1 - This subdivision was referenced in the appeal letter as being referred to by staff as an illegal plat. Staff was trying to convey that subdivision of land (5 acres or less) by metes and bounds within the city limits is an illegal subdivision of land under State law and the Platting Ordinance. Even though subdivision of land (5 acres or less) by metes and bounds deed is In violation of the Local Government Code and the Platting Ordinance, County Clerks are required to record these metes and bounds deeds in the County Deed Records. The City does not always have an opportunity to get the original owners to join in the plats of property that was previously illegally subdivided. As a result, the focus has been on the property owner filing a plat in order to develop the land. By City Charter, no permits shall be issued for properties that are not legally platted. This means owners who want to develop their land must eventually plat. The 1972 plat referenced by Mr. McComb is a legal plat in all respects. 2) Rlaht-of-Wav Dedication Staff inadvertently omitted the required street dedication of 7.5 feet in the September 17 and September 24 reports. (Attachment 3 and 4) Staff did verbally inform the engineer on September 19 that there was a required 7.5 feet dedication off of Greenwood Drive. Greenwood Drive is a designated arterial that currently has an aD-foot right-of-way cross section that was in recent years improved to its full street section. The Corpus Christi Urban Transportation Plan, adopted on March 25, 2003 increased the Greenwood Drive right-of-way by 15 feet from 80 feet to 95 feet. The Clty's practice is to take the required street dedications equally off both sides of the street. Therefore, Mr. McComb's plat was required to dedicate 7.5 feet. The 95-foot right-of-way on Greenwood Drive was needed to accommodate traffic increases that reasonably could occur over the next five to ten years. The City's north-south arterials (5. 5taples Street, Everhart Road, and Weber Road) serving the southside between Saratoga Boulevard and South Padre Island Drive are experiencing heavy congestion during the a.m. and p.m. peak hours. Greenwood Drive could ultimately become another S. Staples Street, Everhart Road, or Weber Road if the City did not increase the right-of-way to accommodate additional lanes at some point in the future. A waiver of the 7.5 foot right-of-dedication required for Greenwood Drive sets a precedent for other developers to submit similar appeals on any required dedication without a public hearing to amend the Transportation Plan. 3) Acreaoe Fees Acreage fees are collected from the developer at the time of platting based on the plat acreage or number of lots, whichever is the greater fee. The acreage fee is collected only one time on the land being platted and would not be assessed again if future re-subdividing were to occur. These fees are put in trust accounts. Mr. McComb is requesting that City Council waive the required acreage fees totaling $7,852.00 of which $3,678.00 is for Water and $4,174 for Wastewater. Acreage fees must be paid before a plat can be recorded in the Nueces County map records. A plat is not conSidered legal until it has been recorded. The water acreage fees are deposited into the Arterial Transmission and Grid Main Trust Fund and the Distribution Main Trust Fund for reimbursement to developers for waterline extensions. The wastewater acreage fees are deposited into the Sanitary Sewer Trunk Line Trust Fund and the Sewer Collection Line Trust Fund for extension of Sanitary Sewer Lines. These trust funds are private sector monies dedicated solely for reimbursement of developers costs for installation of water and sanitary sewer line extensions. The acreage fees were created in 1982 as a result of the work of an Off-Site Utility Committee consisting of City Staff and private developers and Chaired by Gene Watson. Acreage fees for both water and wastewater was considered the most equitable method for developers to pay their fair share for extension of water and sanitary sewer lines in order to move projects forward. The reimbursements to developers for installation of water and wastewater infrastructure made it economical for them to build. Otherwise, the developers would have to wait for the City, through a bond program, to fund capital improvements or front the entire cost themselves. In either case,the growth potential for the City would have been severely diminished. The reimbursement to developers through the acreage fees trust funds made extension of water and wastewater lines financially feasible; and benefited the City by bringing utility service to other undeveloped properties, which in tum were also able to plat and pay acreage fees because the utilities were in place. Mr. McComb's property has existing water and sanitary sewer service. He did not have to pay for the design and installation of these improvements. The acreage fees are equitable, and Mr. McComb should pay the assessed amount of $3,678.00 for water and $4,174.00 for wastewater, which totals $7,852.00 Page 3 Financial Imoact on Trust Funds The waiver of acreage fee payments for water and wastewater sets a precedent for any owner/developer to seek similar relief from City Council and potentially could jeopardize the Trust Fund balances which developers rely upon for reimbursement of water and sanitary sewer line extensions. Without this funding source, development projects would possibly be put on hold until such time the City could fund water and sanitary sewer fund infrastructure through a Bond Program. The matrix below shows the fund balances for all Trust Funds as well as the 10-year and 8-year average annual contributions and reimbursements as of July 31, 2003. The total for all Trust Fund balances is $7,588,246.00. The average annual conbibutions for all Trust Funds is $722,130.00. The average annual reimbursements to the developers for all Trust Funds is $232,528.00. Balance @ 7/31/03 10 year avg annual contributions 10 year avg annual reimbursements 8 year avg annual contributions 8 year avg annual reimbursements Funds have been transferred from SS Trunk Line to Collection Line Trust over the years to make up the difference. 2003 numbers are not fully closed - interest earnings not credited to Sanitary Sewer balances. Acreaoe Fee Increases Water Water Sanitary Sewer Sanitary Transmission Distribution Main Trunk Line Sewer & Grid Main Trust Trust Collection Trust Line Trust 209010-4030 209020-4030 250410-4220 250420-4220 1,396,924 721,972 4,975,696 493,654 181,726 38,259 122,730 3,919 442,686 59,459 845 105,034 Mr. McComb's appeal letter also referenced the change in requirements that increased the wastewater acreage fees $496.00. On September 17, 2003 the Planning Staff Review report submitted to Mr. McComb's engineer indicated the wastewater acreage fee would be $3,678.00. The fee should have been $4,174 based on the fee increases that went into effect on August 25, 2003. Unfortunately, there was an oversight by staff. ADDITIONAL BACKGROUND On February 22, 2000, Mr. Joe McComb, purchased a 3.543 acre tract of land located at the southwest comer of the intersection of Holly Road and Greenwood Drive. Mr. McComb believed that he purchased platted property. In early September 2003, Mr. McComb applied for and was denied a building permit for his moving and storage business because the property was not platted. Subsequently on September 8, 2003, Mr. McComb submitted a plat application, application fees, and a proposed plat for Los Encinos Industrial Sites, Block 1, Lot 1. Planning Commission tabled the plat on September 24 (Attachment 5) to the October 8 meeting to allow Staff opportunity to review the street dedication and acreage fee requirements with the owner. On October 8, 2003, the Planning Commission denied the plat by a 4 to 3 vote (Attachment 6). A corrected plat depicting the required 7.5-foot Greenwood Drive dedication was never submitted as required by Ordinance. O't-IO-ZOOl OZ,4Zpm From-CITY OF CC CITY SECRET~RYS OFFICE +161 8101111 T-ZIl P OOZ/OOG F-G61 ATTACHMENT 1 October 9. 2003 McCOMB RELOCATION SERVICES Uf"b{ished - 1940 Mr. Armaado Cbapa City Secnwy City of CoIpus Christi P. O. BWl 9277 COIpUfi Cltri5li, Texas, 78469-9277 lfAND Dt:I.IVRRIlD ON THlIRSDA. Y. OCTOBER 9. 2003 RE; Regular Planning Commission Meeting (Wednesday - October 8. 2003) Agenda Item II A I. c 090310Cl-NP44 Los Encinos Industrial Sites. BlOCk 1. Lot 1 fRnal- 3.543 Acresl Located at the southwest comer of Greenwood Drive and Holly Rood. Dear Mr. Chapa, P1ease aa:ept this .. my official request 10 file an appeal Wlder SECTION XIII - APPEAL (Ordinance No. 23017. 07/29/97) and (Ordinan~ No. 25455, 01126103) OIl lite above plat appJJcatioD. My IIJlPCla! Is based OIIlbe pnMsiOll stafeclin the SECTION xm - APPEAL that reads: "Any subdivider not satisfied with the ruling of the Plmming Commission. shall h(lVe the righr to appeal Sl/Ch rulings or QecisiollS to the City Council of the City of Corpus Christi by giving wrinen notice to the City Secretary within fifteen (IS) days qfter the final hearing before the Plcmni1lg Commissw1I. " The final Planning ClBIlIDission hcariD& was held 011 Wednesday. Ocfobcr 8, 2003. I would IIJlPRclate ha\'ing this request for an appeal placed IlII the earliest available City Council agenda fur CllIISideratillll. At the Planning Commission mcd:iDg, Mr. Michael Gumting admed me that lbe "fee for procusi/lf an appeal" is $50.00. Enclosed pi..... find my chedt number IS 169 dated 1010912003 in the amount ofS50.00 to....... the proc:esslDg fi:c. Please ad.;se me when this will be presatted to tlte City CouncillOr coasideratioIl so that 1 c:an atTallge my &d1edule to attencl. Thank you fur your prompt 811etttiOl1 to this matter. Slncerv; ~ ~d::.l1mb [M !.fr.M_a...... ~orPluaiD&lOd~ CilyofCapusCllrisli P.O._9277 CoopuChmIi, T_. 7_ ~.doe P. O. Box 1678 Corpus Christi, Texas, 78403 [Ph)361/888-S907 [fitxJ361/8ll8-<697S (email)IIICtOIIIbrdo@h.OOIlI ATTACHMENT 2 McCOMB RELOCATION SERVICES Established - 1940 October 13, 2003 Mr. Harry Power Development Services Department Planning Section City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 RE: Your fax dated October 13. 2003 relatlna to mv APPEAL OF: Regular Planning Commission Meeting (Wednesday - October 8, 2003) Agenda Item II A 1. c 09031OQ-NP44 Los Encinos Industrial Sites, Block I. Lot 1 (Final- 3.543 Acres) Located at the southwest corner of Greenwood Drive and Holly Road. Dear Mr. Power, I was taken aback by your fuxed request, which in part states: "We are in receipt of your off",ial appeal letter addressed to the City Secretary. In that letter you indicated that the ordinances are for the appeal procedure, however, you are not specific as to what in particular you are appealing. " My appeal is based on the Planning Commission's denial to: (I) recognize that the property in question is already platted and (2) the Planning Commission's denial 10 approve the pIal submitted by Coym, Rehmet & Gutierrez Engineering, Inc. Let me restate the fuets thaI were presented at the Seplember 24, 2003 Planning Commission meeting and the October 8, 2003 Planning Commission meeting. (A) The property was platted in 1959 and recorded on January 12, 1960 VOL 22 PAGE 94 as LAS PALMAS SUBDIVISION UNIT I. (B) LAS PALMAS SUBDMSION UNIT I was renamed LOS ENCINOS SUBDMSION on June 20, 1960 and recorded on July 8, 1960 VOL 895 PAGE 29. (C) The property was RE-PLATTED in July 1972 and recorded on July 25, 1972 VOL 38 PAGE 200. I aooreciate vour honestY in acknowledl!ine the fuet. for the record al the October 8. 2003-Plannine Commission meetine. Ihal the 1972 RE-PLA T that was approved and recorded in 1972 was, and is. illeeal. I It is this illegal re-plal of the property thaI the staff now takes the position that the property is not platted. It is this position that I totally disagree with and constitules the basis for my appeal as staled in (I). As I stated at both Planning Commission meetings, I understand thaI a property can be re-platted, however I do not agree that are-plat constitutes an UN-PLAT or renders an existing, recorded plat, non-existing. Bv definition. in order to RE-PLAT there mnst be an existinl! PLAT. Second, in order to get before the planning commission to resolve this matter I was required to submit a plat for consideration and pay a platting tee 0[$341.00, which I did on September 8, 2003 with a cashier's check. RECEIVED P. O. Box 1678 Corpus Christi, Texas, 78403 (Ph]36 1'888-5907 [IDj361111884975 [email]rnccornhrelo@hotmai1.rorn OCT 1 5 2003 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES McCOMB RELOCATION SERVICES Established - 1940 PAGE 2 HI' Yourfax dated October 13 2003 relatina to mv APPEAL Of: Regular ~)ionning Commission Iv\eetin9 jWednesdoy - October- 8, 200J) p..,gendo 11em il Ale 0903100-i'H'44 Los Encinas IndustriulJ.ites BlockJL.L_Qt 1 IFinal ::-.)..543 Acresl Located oj the southwest corner of Greenwood Drive and Holly Rood. Coym, Rehmet & Gulierrez Engineering, Inc. submitted a plat for consideration. After staff review of the plat, on September 17, 2003 a lisl of several items was given to the engineer to be changed on the submitted plat. One requirement was a $3,678.00 "Water Distribution System acreage fee" and another was a $3,678.00 "Wastewater System acreage fee." (Total $7,356.00) Then on Seplember 24, 2003 another lisl of ilems was given to the engineer 10 be included in the "revised" plat. Again there was a $3,678 "Water Distribution System acreage fee" and a $4,174 "Wastewater System acreage fee. " (Total $ 7,852.00) In addition, a verbal request was given 10 the engineer by city staff for an additional 7.5 fuel of "right of way" on Greenwood Drive was required because of a newly adopted Master Transportation Plan. This was the firsl time the engineer or I had heard about the new Master Transportation Plan. These three items are the ones I strongly oppose and constitute the basis for my appeal as stated in (2). The other items on the list I will be happy to negotiate if necessary. I trust this will help clear up any lack of understanding of the basis of my appeal. On Monday, October 13,2003 I received a copy of a letter from Mr. Armando Chapa, City Secretary to Mr. George K. Noe, City Manager advising him of my appeal and requesting the appeal be placed on the October 21, 2003 council agenda. I also received a phone call on Monday, October 13,2003, from Mr. Michael Gunning stating he also received Mr. Chapa's letter. Mr. Gunning stated he could not have his appeal team in place for a presentation on October 21, 2003 and asked me if! would have any objection to moving the appeal to the October 28, 2003 council agenda. Mr. Chapa also called 10 advise me of the date change al the request of Mr. Gunning. We agreed thaI the October 28, 2003 date was acceptable to both of us; however. time is of the essence, and I need to get this resolved. I must make a decision as to move forward or cancel my project based on the resolution of this matter. This has already cost me a two month delay. If you have addilional questions or need additional information please give me a call. Sincerely, I~ Cc: Mr. George K. Noe, City Manager Mr. Annando Chapa. City Secrelary Ms. Margie Rose, Assistant City Manager Mr. Michael Gunning. Assistant Director of Development Services & Planning Mr. Jay Reining, Acting City Attorney Coym, Rehmet & Gutierrez Engineering. Inc. RECEIVED P1atGreenwoodHoI1y2.doc P. O. Box 1678 Corpus Christi, Texas, 78403 [ph]361/888-5907 [faxI361/888-4975 [email]mccombrelo@holmail.com OCT 1 5 2003 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES N.MoGel> : armor fFY4 p;Mw a m a a m rte— uMer.o wwkman et Ey HII, =^ . ety N tbrnu Clot. roar tet. _ by ar M al.lmAaBN OsMr. P).. RYLB. a IM1M.xNaE r.mm U txyup ar.Bae III IU wU11W N Yvbel _m. u .u. Envy nark �' }}Y114 ��naaYYPeeIaMNWI.kgrrgr, J. Em4r eyt111 4N IM Iarapl l map ab P^NM Irom !miMY.M mMyiMAMwl �wuwaWrW� Yraotbo PUitMI YU>.Ngla ataya tialWartael. aa6 :amm. YYmallCullvra 6ll.wri4 la¢ 1 tl Y 4 �q.EB:.Md3 N w Rei:NN ag1�M1 y u. pnml.. er no.1.B at na cnr N brPa• arMu, r...a lex—sr ar ntNa(, . G , Wnala N P a.c 1. 9EMM RASIS OF THE SMEY IS THE SIXTTHWEST UNE OF THE 1192 APRE TIWT 2. CWrNNS TOTAL 154.4202 SOUPRE FEET.OR 3545 ACRES 3. TH6 %pP€RTY UES IN Toll£ C AS �R THE EMTM7 INSURANCE RNE MMI C9MMNMTY P L MLMOER 485464 0356 C 4ATEO ANY IaM5 W;: TRE REOE W WATERS FCR STORM WATERS FROM THIS. PR6PERT/-IS'THE 250 CREEK. BASIN.THE RECENING WATERS PRE GASSN'`lEB Br THE TCEC A.S HAVING '£XgEPTAJI'ML' AWC UFE. n ^J Tom' T 00 ,_l r u F � HOLLY ROAD (120' R.O.W.) ______________ r BLOCK 1 LOT 1 3.W ACRE TRACT L- w ® mij SEEEL/Be ------------ m.m KU WE EIY' BELL SIE vpeEa.Iva MICI. _ _ _ Fm.W JTEEL IpJ —.—. ._._ mOYYYILE EIfEKMI _—— �- ..ql ______SYnyn EuEk€M__ -- -r —= — - NM ----------------- ----------------------------------38195` I 1 OS I;NCIVO!, SUI2UIVItiUIV 25.;2 .1C 121 1NDLBT127A1,'1'iL1C'1' I � I RECEIVED CORRl6 CFIAI9 stroe�, a. �Belt�ecgn ; m LOS ENCINO$ INDUSTRIAL SITES ' OT 1 LT � j/ �,■�y BTS' �.. , BLOCKI 3IT Survey plot of a 3543 -acre Jrgd d':torA as 6esgrfeed In a deed to Joe McCome In DC NwM • 2�77Q7.0fffaldN%Wds NUeaee Cw*.Texas and oeing a Mardon a 9 e Irgct platted as Me NoO&vst eTM of Los Palmas Subdlvlslon as receded fn Volume 22.Poge MOM Rawda Nudrks Cw*.TeXes.ttw name Wng ctvrV d to las Endnas +w u Nlslon N' deed recorded In Volume M. Pave 28.Dwd Receds NueCee Cwnty,Texas. wy 0.7. ruf vECIavI•m r.Iwr STATE OF TEXAS COUNTY OF NUECES FOR THIS THE dG DAY OF 19yA. STATE OF TERAS COUNTY OF NUECES .0106EFORE ME, :THE �P�15�STj ITLECOMPANY NAINA t, MILES. vI.CE PRESIDENT SHE IIUKEEII iMY HAND AND SEAL OF OFFICE THIS df -DAY OF NOTAHY PUS IC IN AND FO NUECES COUNTY, STATE OF TEXAS .TEXAS.. COUNTY OF NUECES w I B D I STATE OF TIME COUNTY OF NUECES THIS'FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE "NINO COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXASI PROVIDEp, HOWEVER, THIS APTJ VAL SHALL BE INVALID MIO WILL UNLESS THI��-S��� F,,,YYYLAT BE FILED WITH THE COUNTY CLERK WITHIN SI IO S NER fTER. Cj THIS THE — MY DF COUNTY OF NUECES . 7:. /)/ L CERTIFY TMRS. HENRY E. GOUGER, CLERK OF THE COUNTY COURT IN AIM FOR SAID COUNT& DO HEXETMY ITS IMT TILE FOREGOING INSTRUMEEITED T DATHE YS" DAY OF R 1 I CERTIFICATE OF AUTHENTICATION, NAS FILED FOR RECORD IN MY OFFLINE J,B_ DAY OF 19)t -.,AT dRy :AZD'CLOCKN„ND ADULY RECORDED THE 1L DAY OF AE— . I'mo At WITNESS MY NAI® AM SEAL OF THE COUNTY COURT OF SAID COUNTY AT OFFICE IN CORPUS CHRISTI, TEXAS, TWO DAY AND YEAH NST WRITTEN.' By' Ja a D•PY_ MRS. -'AYuYry . eG.6Ure f COUNTYCLERK NUECES COUNTY. TFEAB �1....FA FILED fILEp FOR RECORDi AT ZAL&J-J)'CLOCK-A-M. '410 —4 Ai . 1911. NIS. HENRY E GOUGER / FLAT --OF --•. •-- �..� • .,IkA ..��. ..• w au wu CLERK COUNTY COURT CORNERS AS .SHOWN AM TO COMPLETE SUCH OPEMTiON4 NITXOUT pEG � �_^ NU ES COUNTY, %%ENAg O THIS THE" DAY OF A& 1911 r ` r{'G._.. /._.,-t-�> .9-2 MARLAN R NEI' BY: TEXAS LICENSE N3I293 OVUTY �_-_�- STATE OF TEXAS WS_ FNrlN0.q INDI&TRIAL SITES COUNTY OF NUECES S -gr5 9iQ�CRE3 our OF LOT 1. SECTION 6, BOHEMIAN COLONY THIS FINAL PLA{OF THE HEREIN DESCRIBED PROPERTY APPROVED - AY TME DIRECTOR OF ENGINE LNG NNI 2 LANDS AS RECORDED IN VOLUME A, PAGE 48. MAP RECORDS, NUECES SERVICES OF THE PITY OF CORPUS CHRISTI. TEXAS.COUNTY, TEXAS, AMO ALSO BEING OUT OF AN 11.92 ACRE INWSTRIAI THIS THE Jk DAY OF AM 4, ST 192&. TRACT OUT OF Los ENCINO$ SUBDIVISION AS RECONNEG IN VOLUME Z 0 OF E 61 1 SERV CEl PAGE 94. NAP RECORDS. NIECE( COUNTY. TEXAS, AM ALSO DESCRIBI wnswm.nw IN VOLUME 895, PAGE 28, DEED RECORDS, NUECES COUNTY. TEXAS. y..�w ,.il rmm' aU• L mm' SInR RRW �. 61t o v. � 'iyIpa.�b R T(pip'IMM R.Wm' pG srtan f (Pmll °F ni65 mYM1 R W¢f � MIf fM1R niTK wlYW flm°IrX11Y ,yMp{p mMfi°ILmIK IX t11154f1\L 0.n R11kL iitntl 1mM11fI4 MWa1PoMMfMmi %.4 Mnm WITLY Mii Mfi WYY 1V(W plpLa YR16 OFM(fM1 iF ((MX[IWST.RMf•°II Ml3.i KY y(Upira Wf(YYM m\C•IS\1NM4pry6mllm OfKflTif4KTL L_KYR t JmmH Y1nI444fWYMWf1Ym 6N' ffl Mfl•{{CL Mw12l�OkrR "�•� f!! 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",'~"~ J.."'..~"...___/.,lJ-r(."'. llt"tJ,u1t"M "~J.IW.,,..r,..... _ol ,~;rd,,'./j..., IA_ .J.I~"'A ,,_.;....,..~"c_.t_l-t...llr.. tH~ & ....,..,t:~ Q. w .B..:...;o--l~ . ~ .....-.......-."'.. ,. _.",..".....'-'-."'._~"..."'-,..-"',."".."..-.._--=- t'--"~.~~ .~ I- I , i S~,. ~T_ ~ ~,;,t. "l . cr.rr ., Molk_ I . ~'cJ.l,(Il1:-.c.9>f "M . .?i, ~~7A",,~, . j:f; ~:If.I'e'''':I. -":1 !J:;::7"e~~u:,~t/. ::;";/"}:'!t/JI1,.4 ($I..,,, _...v,.,)'.I,__ "..'" ".;/ ":!..Mc"1t.,,,/f 'I{,4t....... ",/tnii' , . ""1.f' ~'j /,07 ~'.. . .,(d-'.f'-.- , ,........)' r. .~...... C.~ff'",r'If<l' KH;'r/NI;..~.i,'B-... 'I,.. ,p',c~" ""''''.'''.....",.,~12q l5 'f.r- OIIolo(e. . ~...n-It. L :'"'' ,~ ~J , . . '.,' :~; Planning Staff Review September 17, 2003 Page 2 ATTACHMENT 3 (emailed to developers, engineers/surveyors on September 12, 2003) 3. 0903100-NP44 Los Encinos Industrial Sites. Block 1. Lot 1 (Final - 3.543 Acres) Located at the southwest corner of Greenwood Drive and Holly Road. Owner - Joe McComb Engineer - Coym, Rehmet & Gutierrez Engineering 1. Water Distribution System acreage fee. ($3,67B.00) 2. Wastewater System acreage fee. ($3,67B.00) 3. Require a Storm Water Quality Management Plan. 4. Indicate recording information for the 2l-foot CP&L easement. S. Indicate recording information for the 20-foot drainage easement. 6. Show the Lot lines between Lots 1 through 4 in Block A to the south. 7. Correct the acreage shown in General Note 1. 8. Increase the 10-foot utility easements to 15 feet along the east and west property lines. 9. Change the approval certificate to reflect approval by the Planning Commission. Planning Commission Meeting September 24, 2003 page 3 ATTACHMENT 4 (emailed to developers, engineers/surveyors on September 19, 2003) d. 0903100-NP44 LOS ENCINOS INDUSTRIAL SITES, BLOCK 1. LOT 1 (FINAL - 3.543 ACRES) Located at the southwest corner of Greenwood Drive and Holly Road. Owner - Joe McComb Engineer - Coym, Rehmet & Gutierrez Engineering The owner proposes to plat the property to conform to City Codes in order to obtain building permits and connections to utilities for an industrial use. This property comes out of land previously platted in 1959. 1. Indicate recording information for the 21-foot CP&L easement. 2. Indicate recording information for the 20-foot drainage easement. 3. Show the lot lines between Lots 1 through 4 in Block A to the south. 4. Correct acreage shown in General Note 1. 5. Increase the lO-foot utility easements to 15 feet along the east and west property lines. 6. Change the approval certificate to reflect approval by the Planning Commission. 7. In Generai Note 4, include the word "not." 8. Indicate Block G, Lot 1 to the south along with its recording information, 20-foot yard requirement, and a 10-foot utility easement. Utility infrastructure plat requirements for plans and construction, as well as development fees, are not subject to Planning Commission approval, but are requirements for compliance prior to recordation of the plat. These reauirements are Dresented for Plannina Commission information on Iv. 1. Require a Storm Water Quality Management Plan. 2. Water Distribution System acreage fee. ($3,678.00) 3. Wastewater System acreage fee. ($4,174.00) ^TT^CHMENT 5 Approved Planning Commission Minutes September 24, 2003 0903100-NP44 Los Encinos Industrial Sites. Block 1. Loll iFinal- 3.543 Acres) Localed allhe southwesl comer of Greenwood Drive and Holly Road. Mr. Saldana staled Ihat the staff has not received informalion regarding the pial for approval. Slaff recommends a continuance for two weeks. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Mr. Gunning acknowledged Mr. Joe McCombs entrance into the Council Chambers and asked Ihal the Commission fe-open the public hearing. . Richter enlered at 5:35 p.m. Molion by Zamora, seconded by Pusley, 10 re-open the public hearing. Public hearing re-opened. Mr. Joe McComb, owner of Ihe properly, provided information regarding his research about Ihe subjecl properly and staled that he was told thaI his properly is nol platted. He provided a plat from the courthouse dated January 1960. Mr. McComb asked why he needed 10 replat his properly is the properly had already been platted. He also expressed concern regarding the necessity for a 7.5-fool right-of-way dedicalion required as outlined in the Transportalion Plan. Mr. Miguel Saldana, City Planner, explained that Ihe pial shown by Mr. McComb was recorded as a separale and individual plat. The pIal Mr. McComb presenled was no longer valid al that point. There was a piece of property was replatted and as a result the remaining portion of the area was considered as unplatted properly. Mr. McComb expressed concern regarding the city collecling for Ihe original plat, Ihe individual replal, and fees from him for replatting the remainder of Ihe properly. Mr. Gunning explained Ihal acreage fees were not collecled unlil 1981 and thaI fees would not have been collecled on Ihe portion recorded in January 1960. He added Ihal acreage fees are assessed with Ihe land and are assessed one lime. Mr. Gunning explained thaI acreage fees are nol city dollars, but are placed in lrusl fund for reimbursemenl 10 developers. Mr. Saldana explained that the 7.5-foot row is a requirement for Greenwood 95 foot width and 'l2 is 47.5 feel and in order for 1/2 oflhe righl of way, he needs 7.5 feet. Public hearing was closed. Motion by Zamora, seconded by Richter, to continue for two weeks. MOlion passed wilh Mims and Salazar being absent. ATTACHMENT 6 Approved Planning Commission Minutes October 8, 2003 c. 0903100-NP44 Los Encinos Industrial Sites. Block I. Lot I (Final- 3.543 Acres) Located at the southwest comer of Greenwood Drive and Holly Road. Mr. Power stated that the plat was continued from the previous Planning Commission meeting to allow the applicant an opportunity to meet with Staff to discuss acreage fees the required street right-of-way dedication and to verify that a replat was required. Mr. Power met with the applicant and explained that that acreage fees were a required by ordinance if fees had not been previously collected on the subject property. He provided the applicant two options to proceed with the plat: I) the applicant could proceed with the plat as submitted at which time Staff would recommend denial and the applicant could appeal to City Council; 2) the applicant could make necessary changes to the plat and pay acreage fees for approval. Applicant could appeal the plat requirements to City Council ifhe submits a written letter of appeal to the City. See attached document regarding comments made on legality of plat adjacent to subject property. Public hearing was opened. Joe McComb, applicant, stated that he believes his property is platted and therefore acreage fees should not be required. He asked the Planning Commission to approve the plat as submitted, waive the acreage fees, and forward a recommendation for approval. Discussion ensued regarding dedication of land as per the Transportation Plan. Mr. McComb requested the City to purchase his property as opposed to dedicating the property. Public hearing was closed. Motion by Smith, seconded by Zamora, to deny the plat as submitted. Motion passed with Pus ley, Richter, and Salazar voting "Nay"; Berlanga, Mims, Smith, and Zamora voting "Aye"; and Amsler and Stone being absent. Notes ~ Joe McComb Plat October 8. 2003 PC Meeting Page I Planning Commission Notes Regarding Joe McComb's Plat (Los Encinos Industrial Sites, Block I, Lot I) October 8, 2003 Commissioner Salazar: This was one big lot at one time? Harry Power: This was originally part of an 11.9 acre tract. Commissioner Salazar: And the guy decided to plat right in the middle of it? Harry Power: Approximately 1/3 was resubdivided out of the middle of three equal parts. Basically, that part was resubdivided in 1972 leaving the east and west end unplatted. Commissioner Salazar: So, when this guy platted the ordinance required that all three be platted. Harry Power: It was a violation ofthe code, yes, sir. Chairman Berlanga: Say that again, Harry. Harry Power: It was a violation of the ordinance at the time it was split up by metes and bounds. When it occurred? I would have to go back to the records to see how long it occurred before 1972. It may possibly have occurred before annexation. That particular subdivision was platted in 1959 and was not annexed into the city until September of 1962. That division could have occurred prior to 1962. ********** Commissioner Pusley: You said something there a while ago. You said that a piece of property could become unplatted if a parcel was platted illegally. Mr. Gunning: Well, actually, I don't want to use the term "illegally", but it is in violation of our city charter and also [the state] Local Government code. You cannot subdivide properties within the corporate limits of the city by metes and bounds. Commissioner Pusley: And this was done by metes and bounds. Mr. Gunning: There probably was a metes and bounds description associated with it because when you are subdividing [and] taking 3.5 acres out of an II acre tract, you have to define the property lines and the only way to do that is by metes and bounds. Commissioner Pusley: So, Mr. Power, again when was this replat done on the three acres? Notes - Joe McComb Plat October 8, 2003 PC Meeting Page 2 Harry Power: The replat was done in 1972. There would have been a requirement for replatting of all of it in the ordinance at the time. That's why I say the ordinance was violated. If I may go further to answer your question, under the Platting Ordinance Section 4 Design Standards, and subsection E Lots, Paragraph 4 makes a reference to the sale of property or unplatted property "Upon sale of all or any portion of the platted property to any person or persons other than the City of Corpus Christi or it's successor or the CC Housing Authority or its successor, the grantor shall thereupon replat all of the property originally platted to fully conform with all of the requirements of the Platting Ordinance." When this does not occur, it is a violation of the ordinance, but it occurs. It happens. Commissioner Pusley: So, you're saying that the replat that was done in '72 was done in violation of the ordinance. Harry Power: Yes, sir. Commissioner Pusley: So why are we still honoring that replat if it was done III violation? Harry Power: The original replat out of the center was done in compliance with the ordinance at the time. And as I said in all probability it had been divided by metes and bounds, even prior to annexation into the city. It is just like the 1972 plat, if! had a way to go back and there is no telling how many times the property that Mr. McComb was buying has changed hands since 1972. * * * * * * * * * 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/28/2003 AGENDA ITEM: A) Ordinance appropriating $546,500 in unappropriated interest from Water CIP Fund No. 4082 (1995 Revenue Bond) for the design, implementation and evaluation of an automated meter reading/wireless broadband network pilot project for the Water and Gas Services departments. B) Motion authorizing the City Manager or his designee to execute a contract with PTI/RAM Technologies of Washington, DC in the amount of $1,093,000 to provide consulting services for the design, implementation and evaluation of an automated meter reading/wireless broadband network pilot project. ISSUE: The City contracted with Public Technology, Inc. to assist with the development of a strategy and specific recommendations for the pursuit of an automated meter reading solution. A Request for Proposal is now needed to enable staff to develop, implement and evaluate an automated meter reading/wireless broadband network pilot project. PTI/RAM Technologies and the City have reached an agreement to provide the necessary consulting services for this project. REQUIRED COUNCIL ACTION: A) Approval of Ordinance appropriating $546,500 in unappropriated interest earnings from Water CIP Fund No. 4082; amending the FY 2003-2004 Capital Budget adopted by Ordinance No. 025144. To increase appropriations by $546,500 for the execution ofthe consulting contract. B) City Council approval is required for expenditures over $25,000 or those requiring an appropriation. PREVIOUS COUNCIL ACTION: City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003. FUNDING: Amount Budgeted $1.093.000 Source of Funds 550950-4082-00000-200465 $ 546.500.00 550950-4550-00000-200465 $ 546.500.00 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. O.(;'-.o=,:ex= Ogilvie F. Gericke, P.E., Director of Information Technology BACKGROUND INFORMATION Numerous issues are facing the City's meter reading activity today. First, the existing manual meter reading system is expensive and does not support good customer service. Secondly, legislation requires individual metering for multi-family dwellings, apartments and trailer parks. Thirdly, the City's aging meter infrastructure is being considered for a significant upgrade. It was therefore prudent to evaluate if an Automated Meter Reading solution may be more cost efficient when compared to the current manual system. Public Technology, Inc. was hired to assist staff in this assessment and with the development of a strategy and specific recommendations for the pursuit of an Automated Meter Reading solution. We completed this task and the projected cost estimates, with corresponding savings opportunities, indicated that Automated Meter Reading should be considered a viable alternative and that sharing of infrastructure with other wireless systems is also desirable. A presentation to this effect was made to City Council on July 15, 2003. ORDINANCE APPROPRIATING $546,500 IN UNAPPROPRIATED INTEREST FROM WATER CIP FUND NO. 4082 (1995 REVENUE BOND) FOR THE DESIGN, IMPLEMENTATION AND EVALUATION OF AN AUTOMATED METER READINGIWIRELESS BROADBAND NETWORK PILOT PROJECT FOR THE WATER AND GAS SERVICES DEPARTMENTS; AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY $546,500; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $546,500 in unappropriated interest from Water CIP Fund No. 4082 (1995 Revenue Bond) for the design, implementation and evaluation of an automated meter reading/wireless broadband network pilot project for the Water and Gas Services departments. SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $546,500. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _day of ,2003. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved October 16, 2003 ;t~~ Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 28. 2003 AGENDA ITEM: A. Resolution authorizing the City Manager, or the City Manager's designee, to accept a Regional Facility Planning Grant in the amount of $500,000 from and execute a contract with the Texas Water Development Board for the Development of a Regional Facility Plan for the planning area, including a large-scale seawater desalination demonstration project in Corpus Christi. B. Ordinance appropriating $500,000 from the Texas Water Development Board in the No. 1052 Water Grants Fund to develop a Regional Facility Plan for the planning area, including a large- scale seawater desalination demonstration project and declaring an emergency. ISSUE: The Texas Water Development Board awarded $500,000 for the City to determine the feasibility of developing a large-scale desalination demonstration project. The City is contributing an in-kind match of $230,000 for a total project cost of $730,000. This grant must be accepted by October 31, 2003 as a first step in meeting the time-line set by the Governor's Desalination Demonstration initiative. REQUIRED COUNCIL ACTION: Approval of the Motion as presented. PREVIOUS COUNCIL ACTION: . October 25, 2002 - Resolution authorizing the City Manager to respond to the Governor's Seawater Desalination Demonstration Initiative. . February 11, 2003 - Motion authorizing the City Manager to execute an engineering services contract with Turner Collie and Braden Inc. of Houston, Texas in an amount not to exceed $227,000 for technical support services associated with the Barney Davis Desalination Plant Project. . August 18, 2003 - Resolution authorizing the City Manager to submit a Regional Facility Planning Grant application in the amount of $500,000 to the Texas Water Development Board for the development of a large-scale seawater desalination demonstration project in Corpus Christi with an offer to provide an in-kind match valued at $230,000 for a total project cost of $730,000. FUNDING: Funding is provided by the grant offer by the Texas Water Development Board. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. ~~~ Ronald F. Massey Assistant City Manager BACKGROUND INFORMA lION On April 29, 2002, Governor Perry announced his initiative to develop a demonstration seawater desalination project and tasked the Texas Water Development Board (TWDB) with creating and implementing the process. In July 2002, the TWDB published a draft Request for Statements of Interest (SOl) and received public comment. On September 18, 2002, the TWDB issued a Request for Statements of Interest with a response date of November 1, 2002. On October 25, 2002, the City Council passed a resolution authorizing the City Manager, or his designee, to respond to the Governor's Seawater Desalination Demonstration Initiative. On November 1, 2002, the City responded to the Governor's initiative by submitting a SOl. A total of 10 SOl's were submitted to the TWDB. Four of the project sites were located in the Corpus Christi service area. The City's SOl, was one of three projects selected and included in the TWDB report entitled Large-Scale Seawater Desalination in Texas which was delivered to the Governor on December 17, 2003. The three projects recommended to proceed towards implementation were the Poseidon/Brazos River Authority proposal located in the City of Freeport at the Dow Chemical Complex, the City of Corpus Christi proposal at the Barney Davis power plant in Flour Bluff, and the Port of Brownsville proposal at the Brownsville Ship Channel. The Freeport project was considered to be the most fully developed and recommended to begin pennitting and design activities, while the City of Corpus Christi and Port of Brownsville projects were considered viable and recommended to conduct feasibility studies of a regional water supply nature and include enhancements to their original proposals. The TWDB recommended fonning a steering committee with representatives from State resource agency and educational institutions; Planning Groups; membrane manufacturers; and the US Department of the Interior-Bureau of Reclamation to identify and guide research at the Freeport site's proposed Membrane Research Center of Excellence. The TWDB recommended that the Legislature appropriate $1,500,000 to their Research and Planning Fund so that they could issue grants for preparing regional water-facility planning and feasibility studies for the three proposed seawater desalination projects. Additionally, the TWDB recommended lifting the State-imposed caps on use of Private Activity Bonds available through the Bond Review Board for State and Local entity use and other recommendations related to Private Activity Bonds. On February 11, 2003, the City Council passed a motion authorizing the City Manager to execute an engineering services contract with Turner Collie and Braden Inc. of Houston, Texas in an amount not to exceed $227,000 for technical support services associated with the Barney Davis Desalination Plant Project. In response to the TWDB recommendation and with the Governor's support, HB 1370 was introduced by Representative Luna during the 78th Legislative Session and immediately passed into law. HB1370 amends Subchapter C, Chapter 16, Water Code by adding Section 16.060 which requires the Texas Water Development Board to undertake or participate in research, feasibility and facility planning studies, investigations and surveys to develop a seawater desalination demonstration project in the state. Additionally, Representative Luna was successful in adding Rider #16 to the State Appropriation Bill, which contained $1.5M for the studies. The City cooperated in all aspects of this initiative with Mr. Lucas Myers, Chief Legislative Officer for Representative Luna. The TWDB is required by HB 1370 to prepare a report on the progress of the implementation of seawater desalination activities in the State and forward it to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives no later than December 1st of each even numbered year. The report will contain the results of Board studies and activities related to seawater desalination; identification and evaluation of research; regulatory, technical, and financial impediments to the implementation of seawater desalination projects; evaluation of the role the State should play in furthering seawater desalination projects; the anticipated appropriation from general revenues necessary to continue investigating seawater desalination activities; and a requirement that the TWDB pursue Federal sources of funding for desalination projects in the State. The first report is due on December 1, 2004. On July 17, 2003, the TWDB met with the three SOl proponents to announce the availability of grants to each location. Funds would be available through existing Regional Facility Planning Grants through the completion of the required application by August 29, 2003. The main requirements of the TWDB's application are to provide general planning & system information; written assurances and proof of public notification; a resolution; a description of in-kind services to be provided and a task and expense budget. On August 18, 2003, City Council authorized the City Manager to submit a Regional Facility Planning Grant application in the amount of $500,000 to the Texas Water Development Board for determining the feasibility of the development of a large-scale seawater desalination demonstration project in Corpus Christi with an offer to provide an in-kind match valued at $230,000 for a total project cost of $730,000. The in-kind match would consist of applicable results of engineering studies completed for the Padre Island desalination facility. Specific results that would be used are information related to the treatment processes, and by-product handling options; public information activities for the Padre Island Desalination Facility; and any other activities that are directly related to investigating a large-scale seawater desalination facility. On September 17, 2003, the City's application for the $500,000.00 Grant was considered and approved by the TWDB. If the City wishes to accept the grant, they must do so by October 31, 2003. Acceptance of the grant will enable the City to begin work on the Regional Facility Planning report for the Barney Davis desalination facility. A draft of the City's Regional Facility Planning report will be due by June, 2004. The final report is due in September 2004, in time for the Board's December 1, 2004 reporting deadline to the Legislature. The Regional Facility Plan will be required to contain information on the planned customer base; water source options; the review process chosen to select those options; a breakdown of treatment and disposal processes; project structure; and implementation issues and financing options. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A REGIONAL FACILITY PLANNING GRANT IN THE AMOUNT OF $500,000 FROM AND EXECUTE A CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD FOR THE DEVELOPMENT OF A REGIONAL FACILITY PLAN FOR THE PLANNING AREA, INCLUDING A LARGE-SCALE SEAWATER DESALINATION DEMONSTRATION PROJECT IN CORPUS CHRISTI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept and execute a contract for a Regional Facility Planning Grant from the Texas Water Development Board in the amount of $500,000 for the development of a Regional Facility Plan for the Planning Area, including large-scale seawater desalination demonstration project in Corpus Christi. The City's match for this grant is an in-kind match of $230,000, for a total project cost of $730,000. SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 24th day of October, 2003. Samuel L. Neal, Jr. Mayor Doyle . urtis Chief, ministrative Law Section For R. Jay Reining Acting City Attorney R33727E1.doc ORDINANCE APPROPRIATING $500,000 FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE NO. 1052 WATER GRANTS FUND TO DEVELOP A REGIONAL FACILITY PLAN FOR THE PLANNING AREA, INCLUDING A LARGE-SCALE SEAWATER DESALINATION DEMONSTRATION PROJECT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 from the Texas Water Development Board is appropriated in the NO.1 052 Water Grants Fund for to develop a Regional Facility Plan for the Planning Area, including a large-scale seawater desalination demonstration project. 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 on this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 6th day of October, 2003: R~9-/ Acting CI y Attorney Samuel L. Neal, Jr. Mayor R33727F1.doc STATE OF TEXAS 1WDB Contract No. 2004-483- COUNTY OF TRAVIS Research and Planning Fund Regional Facility Planning City of Corpus Christi THIS CONTRACT, (hereinafter "CONTRACT"), between the Texas Water Development Board (hereinafter "BOARD") and the City of Corpus Christi (hereinafter "CONTRACTOR (S)"), is composed of two parts: Section I. Specific Conditions and Exceptions to the Standard Agreement and Section II. Standard Agreement. The terms and conditions set forth in Section I will take precedence over terms and conditions in Section II. SECTION I. SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. DEFINITIONS: For the purposes of this CONTRACT, the following terms or phrases shall have the meaning ascribed therewith: A. BOARD - The Texas Water Development Board, or its designated representative B. CONTRACTOR (S) - City of Corpus Christi C. EXECUTIVE ADMINISTRATOR - The Executive Administrator of the Board or his designated representative D . PARTICIPANT (S) - City of Corpus Christi E. REQUIRED INTERLOCAL AGREEMENT (S) - N/A F. REGIONAL FACILITY PLAN - Regional Water Supply Facility Planning G. BOARD APPROVAL DATE - September 17,2003 H. PLANNING AREA -Includes Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, and San Patricio Counties. The project area is more specifically defined in Exhibit A (the original grant application). I. DEADLINE FOR CONTRACT EXECUTION - December 17, 2003 J. CONTRACT INITIATION DATE - September 17, 2003 K. STUDY COMPLETION DATE - July 31,2004 L. FINAL REPORT DEADLINE - September 30, 2004 M. TOTAL STUDY COSTS - $730,000 N. BOARD SHARE OF THE TOTAL STUDY COSTS - Not to exceed $ 500,000 or 68.49% of the total study costs or individual voucher submission O. LOCAL SHARE OF THE TOTAL STUDY COSTS - $0 in cash and $230,000 in in-kind services or 31.51% percent of the total study costs or individual voucher submission P. VOUCHER SUBMISSION SCHEDULE - Monthly Q. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT - IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duly executed in multiple originals. THE TEXAS WATER DEVELOPMENT BOARD William F. Mullican, III Deputy Executive Administrator For Planning Date: CITY OF CORPUS CHRISTI Ronald F. Massey Assistant City Manager Date: SECTION II. STANDARD AGREEMENT ARTICLE I. RECITALS Whereas, the CONTRACTOR (S) applied to the BOARD, Austin, Texas for a planning grant to develop a REGIONAL FACILITY PLAN; Whereas, the CONTRACTOR (S) and PARTICIPANT (S) will commit cash and/or in-kind services to pay for the local share of this planning project; Whereas, the CONTRACTOR (S) is the entity who will act as administrator of the BOARD's planning grant and will be responsible for the execution of this contract; Whereas, on the BOARD APPROVAL DATE, the BOARD approved the CONTRACTOR (S)'s application for financial assistance; Now, therefore, the BOARD and the CONTRACTOR (S), agree as follows: ARTICLE II. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED 1. Services and activities provided under this CONTRACT shall be in strict accordance with requirements of the Texas Water Code, Chapter 15; associated rules of the Texas Administrative Code, Chapter 355, Sections 355.1-355.11, Subchapter A; Exhibit A, the original grant application, which is incorporated herein and made a permanent part of this CONTRACT; and this CONTRACT. 2. The CONTRACTOR (S) will prepare a REGIONAL FACILITY PLAN for the PLANNING AREA, as delineated and described in Exhibit A, according to the Scope of Work contained in Exhibit B. The CONTRACTOR (S) will consider BOARD population and water use projections, and if not used in the REGIONAL FACILITY PLAN, provide an explanation of why not used. Where applicable, the CONTRACTOR (S) will develop water conservation plans according to Texas Administrative Code, Chapters 363.15, 363.71,375.37, and 375.101. 3. The CONTRACTOR (S) will establish formal, direct, and continuous liaisons with all cities, counties, councils of governments, river authorities, regional water planning groups designated under Texas Water Code 316.053 and 31 Texas Administrative Code 3357.4, and all applicable state agencies, federal agencies, and other governmental entities in the PLANNING AREA, and all entities providing water and/or wastewater service in the PLANNING AREA for the purpose of coordinating the scope of work and REGIONAL FACILITY PLAN with all existing studies, plans, or activities for the purpose of providing information and obtaining available data for the development of the REGIONAL FACILITY PLAN. 4. The CONTRACTOR (S) will coordinate the REGIONAL FACILITY PLAN with the existing plans and policies of the entities listed above, the Texas Commission on Environmental Quality (TCEQ), and any other affected entities. 5. The CONTRACTOR (S) will hold coordination meetings with the PARTICIPANTS, consultants, local entities, the TCEQ, the BOARD, and any interested parties at the commencement of the project, at 50% completion, following the STUDY COMPLETION DATE but before the FINAL REPORT DEADLINE, and when deemed necessary by either the BOARD or the CONTRACTOR (S) to discuss the status of the REGIONAL FACILITY PLAN. The CONTRACTOR (S) will solicit input and comments from the affected public on the draft final report and consider such input and comments for incorporation in the final report. ARTICLE III. SCHEDULE, REPORTS, AND OTHER PRODUCTS 1. The CONTRACTOR (S) has until the DEADLINE FOR CONTRACT EXECUTION to execute this CONTRACT and to provide acceptable evidence of REQUIRED INTERLOCAL AGREEMENTS and the CONTRACTOR (S) ability to provide the LOCAL SHARE OF THE TOTAL STUDY COSTS to the EXECUTIVE ADMINISTRATOR for approval or the BOARD'S SHARE OF THE TOTAL STUDY COSTS will be rescinded. 2. The term of this CONTRACT shall begin and the CONTRACTOR (S) shall begin performing its obligations hereunder on the CONTRACT INITIATION DATE and shall expire on the FINAL REPORT DEADLINE. Delivery of an acceptable final report prior to the FINAL REPORT DEADLINE shall constitute completion of the terms of this CONTRACT. 3. The CONTRACTOR (S) will complete the Scope of Work and will deliver seven (7) double-sided copies of a draft final report to the EXECUTIVE ADMINISTRATOR no later than the STUDY COMPLETION DATE. The draft final report will include the scope of work; a description of the research performed addressing, at a minimum, all the elements listed in Exhibit E, Minimum Report Elements; the methodology and materials used; any diagrams or graphics used to explain the procedures related to the study; any data collected; an electronic copy of any computer programs, maps, or models along with an operations manual and any sample data set(s) developed under the terms of this contract; analysis of the research results; conclusions and recommendations; a list of references, a Table of Contents, List of Figures, List of Tables, an Executive Summary, and any other pertinent information. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will return review comments to the CONTRACTOR 4. The CONTRACTOR(S) will consider incorporating comments from the EXECUTIVE ADMINISTRATOR and other commentors on the draft final report into a final report. The CONTRACTOR(S) will include a copy of the EXECUTIVE ADMINISTRATOR's comments in the final report. The CONTRACTOR(S) will submit one (1) electronic copy of the entire FINAL REPORT in Portable Document Format (PDF), one (1) unbound camera ready original, and nine (9) bound double-sided copies of the final report to the EXECUTIVE ADMINISTRATOR no later than the FINAL REPORT DEADLINE. The CONTRACTOR(S) will submit one (1) electronic copy of any computer programs or models and an operations manual developed under the terms of this CONTRACT. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will either accept or reject the final report. If the final report is rejected, the rejection letter sent to the CONTRACTOR(S) shall state the reasons for rejection and the steps the CONTRACTOR(S) need to take to have the final report accepted and the retainage released. 5. The CONTRACTOR (S) will submit progress reports with submittal of vouchers according to the VOUCHER SUBMISSION SCHEDULE. Progress reports shall be in written form and shall include a brief statement of the overall progress made since the last status report; a brief description of any problems that have been encountered during the previous reporting period that will affect the study, delay the timely completion of any portion of this CONTRACT, inhibit the completion of or cause a change in any of the study's products or objectives; and a description of any action the CONTRACTOR (S) plans to take to correct any problems that have been encountered. 6. The EXECUTIVE ADMINISTRATOR can extend the COMPLETION DATE and the FINAL REPORT DEADLINE upon written approval. The CONTRACTOR (S) should submit a written request to the EXECUTIVE ADMINISTRATOR at least thirty (30) working days prior to the COMPLETION DATE or thirty (30) days prior to the FINAL REPORT DEADLINE for an extension to the respective dates and explanation of why the deadlines have not been met. ARTICLE IV. COMPENSATION, REIMBURSEMENT AND REPAYMENT 1. The BOARD agrees to compensate and reimburse the CONTRACTOR (S) in a total amount not to exceed the BOARD'S SHARE OF THE TOTAL STUDY COSTS for costs incurred and paid by the CONTRACTOR (S) pursuant to performance of this CONTRACT. The CONTRACTOR (S) will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL STUDY COSTS. The BOARD shall reimburse the CONTRACTOR (S) for ninety percent (90%) of the BOARD's share of each invoice pending the CONTRACTOR (S)'s performance, completion of a Final Report, and written acceptance of said Final Report by the EXECUTIVE ADMINISTRATOR, at which time the BOARD shall pay the retained ten percent (10%) to the CONTRACTOR (S). 2. The CONTRACTOR (S) shall submit vouchers and documentation for reimbursement billing according to the VOUCHER SUBMISSION SCHEDULE and in accordance with the approved task and expense budgets contained in Exhibit C to this CONTRACT. At the discretion of the EXECUTIVE ADMINISTRATOR and upon written memorandum to the contract file, the CONTRACTOR (S) has budget flexibility within task and expense budget categories to the extent that the resulting change in amount in anyone task or expense category does not exceed 35% of the total amount authorized by this CONTRACT for the task or category to be changed. Larger deviations shall require a formal contract amendment. For all reimbursement billings including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have provided written approval of REQUIRED INTERLOCAL AGREEMENT (S) and contracts or agreements between the CONTRACTOR (S) and the subcontractor. The CONTRACTOR (S) is fully responsible for paying all charges by subcontractors prior to reimbursement by the BOARD. 3. The CONTRACTOR (S) and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR (S) and its subcontractors shall be in a manner consistent with generally accepted accounting principles. 4. By executing this CONTRACT, the CONTRACTOR accepts the authority of the State Auditor's Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this CONTRACT. The CONTRACTOR shall comply with and cooperate in any such investigation or audit. The CONTRACTOR also agrees to include a provision in any subcontract related to this contract that requires the subcontractor to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontract. 5. A progress report and the following documentation which documents the TOTAL STUDY COSTS for reimbursement by the BOARD to the CONTRACTOR (S) for the BOARD'S SHARE OF THE TOTAL STUDY COSTS shall be submitted by the CONTRACTOR (S) to the EXECUTIVE ADMINISTRATOR for reimbursement billing: A. Summary of total expenses incurred including the following information: (1) Contractor's Vendor Identification Number; (2) lWDB Contract Number; (3) Total expenses for the billing period; beginning (date) to ending (date); (4) Total In-kind services; (5) Total Services for this period; (6) Less Local Share of the total study costs for the billing period; (7) Total BOARD's share of the total study costs for the billing period; (8) Amount of retainage to be withheld for the billing period; (9) Total costs to be reimbursed by the BOARD for the billing period; and (10) Certification, signed by the CONTRACTOR(S) authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this contract. B. For direct expenses incurred by the CONTRACTOR(S) - documentation showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction; and C. For direct expenses incurred by the CONTRACTOR(S) for outside consulting services -- copies of invoices to the CONTRACTOR(S) showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction; and the total dollar amount due to the consultant; and D. For travel and subsistence expenses, including such expenses for subcontractors -- (1) names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however, to travel expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2001, Article IX, Part 5, as amended or superseded; (2) other transportation costs - copies of invoices covering tickets for transportation or, if not available, names, dates, and points of travel of individuals; and (3) all other reimbursable expenses - invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. 5. If the project is not constructed, CONTRACTOR agrees to pay back to the Board the specified percentages of the regional planning grant in accordance with the provisions of Sec.355.1 O(f-i) of the Board rules, Exhibit D, unless the REGIONAL FACILITY PLAN prepared by the CONTRACTOR determines that a regional project is not feasible and is not recommended in the REGIONAL FACILITY PLAN report. ARTICLE V. OWNERSHIP, PUBLICATION, AND SUBCONTRACTING 1. The BOARD shall have unlimited rights to technical or other data resulting directly from the performance of services under this CONTRACT. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this CONTRACT and developed by the CONTRACTOR(S) or its subcontractors pursuant to this CONTRACT shall become the joint property of the CONTRACTOR(8) and the BOARD. These materials shall not be copyrighted or patented by the CONTRACTOR (S) or by any consultants involved in this CONTRACT unless the EXECUTIVE ADMINISTRATOR approves in writing the right to establish copyright or patent; provided, however, that copyrighting or patenting by the CONTRACTOR (8) or its subcontractors will in no way limit the BOARD's access to or right to request and receive or distribute data and information obtained or developed pursuant to this CONTRACT. Any material subject to a BOARD copyright and produced by the CONTRACTOR (8) or BOARD pursuant to this CONTRACT may be printed by the CONTRACTOR (8) or the BOARD at their own cost and distributed by either at their discretion. The CONTRACTOR (8) may othelWise utilize such material provided under this CONTRACT as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any BOARD copyright is appropriately noted on the printed materials. 2. The CONTRACTOR (8) agrees to acknowledge the BOARD in any news releases or other publications relating to the work performed under this CONTRACT. 3. No work herein called for by the CONTRACTOR (8) shall be reimbursed for expenses by the BOARD to the CONTRACTOR (S) without prior written approval by the EXECUTIVE ADMINISTRATOR of the contract or agreement between the CONTRACTOR (8) and its subcontractor. Each subcontract or agreement shall include a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses. The subcontracts shall conform to the terms of the Contract and include provisions that require subcontractor compliance with BOARD rules. The CONTRACTOR (8) must also adhere to all requirements in state law pertaining to the procurement of professional services. ARTICLE VI. AMENDMENT, TERMINATION, AND STOP ORDERS 1. This CONTRACT may be altered or amended by mutual written consent or terminated by the EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR (S). Upon receipt of such termination notice, the CONTRACTOR (S) shall, unless the notice directs othelWise, immediately discontinue all work in connection with the performance of this CONTRACT and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this CONTRACT. The CONTRACTOR (8) shall submit a statement showing in detail the work performed under this CONTRACT to the date of termination. The BOARD shall then pay the CONTRACTOR (S) promptly that proportion of the prescribed fee, which applies to the work, actually performed under this CONTRACT, less all payments that have been previously made. Thereupon, copies of all work accomplished under this CONTRACT shall be delivered to the BOARD. 2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the CONTRACTOR (S) at any time. Upon receipt of such order, the CONTRACTOR (S) shall discontinue all work under this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days after receipt by the CONTRACTOR (S) of the Stop Work Order, the CONTRACTOR (S) shall regard this CONTRACT terminated in accordance with the foregoing provisions. ARTICLE VII. NO DEBT AGAINST THE STATE 1. This CONTRACT and Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this CONTRACT transcends the biennium in which this CONTRACT is entered into, this CONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefor. ARTICLE VIII. LICENSES, PERMIT, AND INSURANCE 1. For the purpose of this CONTRACT, the CONTRACTOR (S) will be considered an independent contractor and therefore solely responsible for liability resulting from negligent acts or omissions. The CONTRACTOR (S) shall obtain all necessary insurance, in the judgement of the CONTRACTOR (S), to protect themselves, the BOARD, and employees and officials of the BOARD from liability arising out of this CONTRACT. The CONTRACTOR (S) shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the CONTRACTOR (S) may do so in accordance with state law, from any and all loses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR (S), arising out of the activities under this CONTRACT. 2. The CONTRACTOR (S) shall be solely and entirely responsible for procuring all appropriate licenses and permits, which may be required by any competent authority for the CONTRACTOR (S) to perform the subject work. ARTICLE IX. SEVERANCE PROVISION 1. Should anyone or more provisions of this CONTRACT be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision( s) shall be construed as severable from the remainder of this CONTRACT and shall not affect the validity of all other provisions of this CONTRACT which shall remain of full force and effect. ARTICLE X. CORRESPONDENCE All correspondence between the parties shall be made to the following addresses: For the BOARD: Mr. William F. Mullican Deputy Executive Administrator Texas Water Development Board P.O. Box 13231, Capitol Station Austin, Texas 78711-3231 Attention: Research and Planning Fund Grants Management Division For the CONTRACTOR(S): Mr. Ronald F. Massey Assistant City Manager Public Works and Utilities City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78649-9277 EXHIBIT A ORIGINAL GRANT APPLICATION EXHIBIT B SCOPE OF WORK See Pages B-1 thru B-9 of Exhibit A EXHIBIT C TASK BUDGET Task Description Amount 1 Site Selection $112,000 2 Byproduct Management 88,787 3 Combining Seawater & Brackish Water 75,637 4 Identify & Assess Potential Partnership Arrangements 136,576 5 Identify & Assess Water Transfers 81,000 6 Identify & Assess Power Sources 34,000 7 Identify & Assess Project Funding & Project Development 46,000 Alternatives 8 Develop Life Cycle Cost Model 17,000 9 Draft & Final ReDort 139,000 TOTAL $730,000.00 EXPENSE BUDGET Category Total Budget Subcontractor Salaries and Waqes' $58,095 Frinqe< 23,238 Travel 10,000 Subcontractor $500,000 300,000 Other Expenses" 7,000 Overhead' 78,429 Profit 23,238 Total $500,000.00 1 Salaries and Waoes is defined as the cosl of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to this contract. 2 Frinoe is defined as the cost of social security contributions, unemploymenl, excise, and payroll taxes, employment compensation insurance. retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. 'Other Expenses is defined to include expendable supplies, communications, reproduction, postage, and costs of public meetings directly Chargeable to this CONTRACT. 4 Overhead is defined as the costs incurred in maintaining a place of business and performing professional services similar to those specified in Ihis conlract. These costs shall include the following: . Indirect salaries, including that portion of the salary of principals and execulives thaI is allocable 10 general supervision; . Indirect salary fringe benefits; . Accounting and legal services related to normal management and business operations; . Travel costs incurred in the normal course of overall administration of the business; . Equipment rental; . Depreciation of furniture, fixtures, equipment, and vehicles; . Dues, subscriptions, and fees associated with trade, business, technical, and professional organizations; . Other insurance; Rent and utilities; and Repairs and maintenance of furniture, fixtures, and equipment Exhibit D SUBCHAPTER A. GENERAL RESEARCH AND PLANNING Texas Administrative Code Sections 355.1 - 355.11 These rules are adopted under the authority of Texas Water Code, Sections 6.101 and the Texas Water Code, Chapter 15, Subchapter F, which require the board to adopt rules necessary to carry out the powers and duties of the board and of various programs of the research and planning fund. ~355.1. General. This subchapter shall govern the board's use of the research and planning fund to provide money for water research, flood control planning and regional facility planning. Adopted effective October 11, 1991 Amended effective February 11, 1999 ~355.2. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 15, and not defined here shall have the meanings provided by such chapter. (1) Flood protection planning - The process of developing the means of providing protection from flooding through structural and non-structural measures. (A) Planning for flood protection includes studies and analyses to: (i) determine and describe problems resulting from or relating to flooding; (ii) determine the views and needs of the affected public relating to flooding problems; (iii) identify potential solutions; (iv) estimate benefits and costs of potential solutions, including structural and non-structural measures; (v) recommend feasible solutions to flood protection problems; and (vi) determine that any proposed solutions are consistent with appropriate regional or statewide plans and relevant laws and regulations. (8) Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications. (2) Regional facility planning for water resources - The process of identifying existing and potential problems, problem solutions and their relative costs and benefits, and recommending the most feasible solution(s) for regional water supply or wastewater facilities, except to the extent that such matters are being or have been studied under Texas water Code, ~16.053. Planning, as herein defined, does not include those activities directly related to the preparation of applications for state or federal permits or other approvals, activities associated with administrative or legal proceedings by regulatory agencies, nor preparation of engineering plans and specifications. (3) Research - Scientific activities that are undertaken to address practical problems rather than to expand the frontiers of knowledge. Research can include development, which refers to activities undertaken to solve the technical problems involved in bringing a new product or process into production. Research may include regional water quality assessments performed by river authorities pursuant to the provisions of the Texas Water Code, ~26.0135 and ~26.178. Adopted effective October 11, 1991 Amended effective February 11, 1999 ~355.3. Legal and Fiscal Information. As funds become available, and needs are identified, the executive administrator will publish notice in the Texas Register requesting applications from eligible applicants for grants in one or more of the three categories. Applicants shall submit application(s) in the form and in the manner prescribed by the executive administrator. The executive administrator may request additional information needed to evaluate the application, and may return any incomplete applications. Applicants may also submit and the executive administrator may also consider applications at any time, depending on availability of funds and demonstrated need. Adopted effective October 11, 1991 Amended effective February 11, 1999 ~355.4. Eligibility. Any person may apply for research grants, but only political subdivisions may apply for flood control and regional facility planning grants. Funding of projects shall be at the discretion of the board from funds in the research and planning fund. Adopted effective October 11, 1991 Amended effective February 11, 1999 ~355.5. Criteria. Applications will be evaluated by the executive administrator, considering, at a minimum, the following criteria. (1) Research project evaluation criteria for unsolicited applications: (A) relationship of project to current needs for water resource research; (B) description of the proposed research project; (C) approach to organizing and managing the research project; (0) detailed estimate of the cost of the proposed research project; (E) estimated time required to complete the research project; (F) ability to perform the research and complete the project; (G) potential economic impact; and (H) environmental enhancement and conservation impact. (2) Research project evaluation criteria for solicited applications: (A) description of the proposed research project; (B) responsiveness of the application to the request for proposals for requests for qualifications; (C) approach to organizing and managing the research project; (0) detailed estimate of the cost of the proposed research project; (E) estimated time required to complete the research project; and (F) ability to perform the research and complete the project. (3) Flood control planning project criteria: (A) degree to which proposed planning duplicates previous or ongoing flood plans; (B) project service area is regional versus local; (C) history of flooding in project area; (0) participation in National Flood Insurance Program; (E) project organization and budget; and (F) scope and potential benefits of project. (4) Regional facility planning project criteria: (A) degree to which proposed planning duplicates previous or ongoing plans; (B) regional nature of project; (C) conformance to certified water quality management plans; (0) adequacy of water conservation plan and commitment to water conservation; (E) project organization and budget; (F) scope and potential benefits of project; (G) the degree to which the regional facility planning is consistent with an approved regional water plan for the area in which the political subdivision is located; and (H) ability of a recipient of funds to repay the assistance if a project is not constructed according to g355.1 O(f) of this title (relating to Funding Limitations). Adopted effective October 11, 1991 Amended effective September 11, 2002 ~355.6. Board Consideration of Projects. The executive administrator will submit recommended projects to the board, to be scheduled on the agenda for board consideration at the earliest practical date. The applicant and other interested parties known to the board shall be notified of the time and place of such meeting. Adopted effective October 11, 1991 ~355. 7. Action of the Board on Projects. At the conclusion of the meeting to consider the project, the board may resolve to approve, disapprove, amend, or continue consideration of the application. Approval action shall include specification of a commitment period during which applicant must enter into a contract, and demonstrate matching funds availability, after which time the commitment shall expire, unless a time extension is granted by the board. Adopted effective October 11, 1991 ~355.8. Notice Requirements. For flood protection and regional facility planning projects, applicants must notify all cities, counties, non-profit water supply corporations, regional planning agencies, regional water planning groups and all districts and authorities created under the Texas Constitution, Article III, Chapter 52, or Article XVI, Chapter 59, in the planning area by certified mail that an application for planning assistance is being filed with the board. The notice shall include the name and address of the applicant and the name of the applicant's manager or official representative; and brief description of the planning area; the purposes of the planning project; the board's name, address, and the name of a contact person with the board; a statement that any comments must be filed with the executive administrator and the applicant within 30 days of the date on which the notice is mailed. Prior to action by the board, the applicant must provide one copy of the notice sent to affected political subdivisions, a list of the political subdivisions to which notice was sent, and the date on which the notice was sent. The board may not act on such application before the end of the 3()"day notice period unless all political subdivisions to which notice is required to be sent agree in writing to waive the notice period. Adopted effective October 11, 1991 Amended effective February 11, 1999 S355.9. Contracts. The board may authorize the executive administrator or his designee to enter into contracts with persons or political subdivisions, within available funds. Such contracts shall include: (1) a detailed statement of the purpose for which the money is to be used; (2) the total amount of money to be paid from the research and planning fund under the contract; (3) the time for completion; and (4) any other terms and conditions required by the executive administrator or agreed to by the contracting parties. Adopted effective October 11, 1991 Amended effective February 11, 1999 ~355.10. Funding Limitations. (a) Grants for regional facility planning and flood control planning shall be limited to 50% of the total cost of the project, except that the board may supply up to 75% of the total cost to political subdivisions which have unemployment rates exceeding the state average by 50% or more, and which have per capita income which is 65% or less of the state average for the last reporting period available. (b) In-kind services may be substituted for any part of the local share, if such services are directly in support of the planning effort, are properly documented, and approved in advance by the board. (c) Up to 100% of the cost of research projects may be provided by the board. (d) Funds will be released only as reimbursement of costs actually incurred for approved activities. (e) Grants in excess of 75% for regional facility planning or flood control planning will be provided if authorized by specific legislation or legislative appropriation language. (f) The board may condition grants for regional facility planning to require that the recipients agree in the contract for assistance, and by the execution of any other documents necessary to secure such agreement, to pay back to the board the following specified percentages of the grant if construction on a project described by the regional facility planning grant is not begun within the following specified times: (1) if construction is not begun within six years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board 25% of the amount of the grant; (2) if construction is not begun within seven years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant; (3) if construction is not begun within eight years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant; and (4) if construction is not begun within nine years of the time the executive administrator notifies the grant recipient that the agency has closed the account for the grant, the recipient shall repay to the board an additional 25% of the amount of the grant. (g) Repayment under subsection (f) of this section shall occur no later than within the entity's first fiscal year following the date on which each repayment obligation is triggered. (h) For the purposes of subsection (f) of this section, construction will be considered to have begun when: (1) an entity closes a debt issuance that will fund a project that the executive administrator verifies is substantially the same as the project recommended in the regional facility planning grant report; or (2) the effective date of a contract for the construction of a project the executive administrator verifies is substantially the same as the project recommended in the regional facility planning grant report, if the project costs are not funded by a debt issuance. (i) If the regional plan determines that a regional project is not feasible, repayment will not be required under the provisions of subsection (f) of this section. Adopted effective October 11, 1991 Amended effective September 11, 2002 Exhibit E Minimum Report Elements I. Executive Summary II. Customer Base Determination a. Alternative service areas b. Recommended service area c. Description of need for the project d. Anticipated customer support e. Water trade-offs opportunities and recommendations III. In-take Facilities a. Alternatives considered b. Analysis c. Recommendation IV. Pre-treatment Facilities a. Alternatives considered b. Analysis c. Recommendation V. Treatment Facilities a. Alternatives considered b. Analysis c. Recommendation VI. Concentrate management a. Alternatives considered b. Analysis c. Recommendation VII. Transmission a. Alternatives considered b. Analysis c. Recommendation VIII. Permitting Requirements IX. Project Financing and Implementation a. Alternative project delivery methods considered b. Analysis c. Recommendation d. Project financing alternatives/requirements e. Project time line X. Other Recommendations 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 14. 2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Turner Collie & Braden, Inc., of Houston, Texas in an amount not to exceed $500,000 for a regional water facility plan, including a large- scale desalination demonstration project (Barney Davis Demonstration Desalination Plant) (Project No. 8463) FUNDING: Funding is available from the Water Grant Fund previously appropriated. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. ft>(L- ~ ~/ (p/iJrb 'Angel R. Escobar, P.E. Date Director, Engineering Services Attacl:lrl1ents: Exhjblt A: BackgrouDd Information Exhibit B: Contract ~ummary Exhibit C: Location Map H:IHOME\KEVINS\GENIWA TERIDESALlNA\BameyDavis\2003\AgendaMemo.doc BACKGROUND INFORMATION SUBJECT: Barney Davis Demonstration Desalination Plant (Project No. 8463) ADDITIONAL INFORMATION: The City was one of three entities to be funded through the Governor's desalination initiative. The Texas Water Development Board completed the necessary actions to award the grant. The City must accept the grant prior to November 1, 2003. The agenda items necessary to complete the acceptance and appropriate the grant proceeds was presented earlier at this Council meeting. CONSULTANT SELECTION: Turner Collie Braden (TCB) was instrumental in providing the necessary assistance to secure the grant. They are the most familiar with the tasks necessary to proceed with the project. Local sub-consultants include RVE Engineering, LNV, BHP, and Olivarri Associates. PROJECT DESCRIPTION: The project tasks include finalization of site selection, environmental and economic feasibility, raw water supply and cost impacts, evaluation of alternative power sources, environmental and permitting requirements, project funding and delivery methods. A contract summary is attached providing a more complete description. See Exhibit B. FUNDS: The TWDB is providing a grant in the amount of $500,000. The local match will be met by work associated with the Padre Island Desalination project. Some of the work associated with the Padre Island project can be directly applied toward this project. H:\HOMEIKEVINSIGENIWATERIDESALlNAIBarneyDavis\2003\AgendaBkgExhA.doc CONTRACT SUMMARY SCOPE OF SERVICES Amendment NO.2 - The Consultant's services will include basic research, documentation and technical support necessary to ensure the Regional Facility Plan and desalination demonstration project are feasible on an economic, environmental, financial, and technical basis. The objectives of the Large Scale Desalination Demonstration Project Feasibility Study are to: . Select a site for the location of the desalination facility . Develop the desalination concept design in sufficient detail to determine project environmental and economic feasibility. . Identify and evaluate issues concerning the impacts of the alternative sources of raw water on process design and cost. . Estimate the quantity and quality of process residuals such as pretreatment residuals and the reverse osmosis byproduct streams and recommend alternative residuals and byproduct management options . Identify and evaluate alternative power sources. . Develop facility plot plans to feed into evaluation of alternative sites. . Determine environmental constraints and permitting requirements . Identify research opportunities for collaborative research to enhance the project. . Evaluate project funding and delivery methods. Section II. Scope of Services is amended by additional of Section E. Phase III to read: E. Phase III. - the Consultant will meet with City staff as needed and complete the following tasks: Task 1 Site Selection: The Consultant will define siting requirements and limitations The Consultant will evaluate the Barney Davis site including the desire of AEP to sell the property along with several other power plant sites in Texas. The evaluation will include an analysis of the uncertainty of site ownership and the encumbrances that a potential desalination facility would pose to potential buyers. The feasibility study will include an evaluation of the Barney Davis site and up to two additional sites in the Corpus Christi area for a potential desalination plant location. The evaluation will include the following sub-tasks: a. Site criteria and requirements. The Consultant will define source water requirements, a generic facilities layout and an overall site area requirements for: . primary treatment process facilities; . residuals processing, support facilities; . buffer zones; . proximity to suitable source waters; . end users; and . byproduct water management options. The Consultant will include pre-treatment requirements in the determination of the site requirements. The Consultant will include a determination of the availability of ambient temperature or warm (cooling water) raw water sources in the definition of site requirements. b. Identification of potential sites meeting the site requirements criteria identified in sub-task A. The Consultant and City staff liaison will select up to three sites for further evaluation based on preliminary screening of the. Potential sites may include the Barney Davis site, raw land, co-siting with existing industrial users of desalted water, and co-siting with synergistic industry, utility, environmental, research, or other joint uses. C. Determination of site-specific environmental issues. The Consultant will: . determine site specific environmental issues that may affect the overall feasibility of each site; Exhibit B Page 1 of 5 H:\HOME\KEVINS\GEN\W A TER\DESALINA\8ameyDavis\2003\AgendaContractSumExhB.doc . discuss environmental issues with the appropriate entities to identify the issues that must be addressed prior to beginning the implementation of a desalination facility; . identify potential "fatal flaw" environmental issues that may prevent project implementation at one or more of the sites. d. Evaluation of potential for joint research and other uses. The Consultant will evaluate the proposed desalination facility sites in terms of joint research, uses, and evaluate the possible environmental and cost impacts that multiple users of the desalination site might have on the project. e. The Consultant will develop cost information for development of each of the evaluated sites. f. The Consultant will develop a primary site recommendation and up to two alternate sites. All sites identified as potentially acceptable in this task will be carried forward in the evaluation. Task 2: By Product Handling: Selection of Primary Treatment and Concentrate Disposal Processes - The Consultant will: Evaluate raw water sources for each site to determine the impact on the process selection and on the process residual and byproduct streams. The evaluation of source waters will include variability in terms of dissolved solids, salinity, temperature, and turbidity. Sources to be evaluated include seawater, groundwater, and water from the Laguna Madre. Select pretreatment processes and treatment processes for each site for a detailed evaluation. Source waters that may be evaluated in detail include seawater from the Gulf of Mexico, Nueces Bay and Laguna Madre; bank filtered seawater through an existing or constructed bank filtration system; and a blend of seawater with brackish groundwater. Evaluate the residual solids and byproduct water from pretreatment and treatment processes on the basis of environmentally impacts and acceptability. Develop a cost estimate for pretreatment residual processing and include the cost for use in cost modeling. It is anticipated that this will not include exhaustive studies evaluating alternative pretreatment residuals processing. Evaluate potential byproduct management options for each site including:: . Direct discharge to the Gulf, Laguna Madre, or Nueces Bay . Deep well injection . Discharge to POTW . Evaporative lagoons . Mechanical evaporators with or without crystallizers. The Consultant will complete the following sub-tasks are proposed. . Determine baseline and design raw water conditions at each of the sites under consideration. . Select and recommend appropriate pretreatment and desalination processes for each of the site and estimate the quantity and quality of the process residual streams. Research partners that will be contacted in this analysis and selection process include the U.S. Bureau of Reclamation, Texas A&M University Corpus Christi, and the University of Texas Marine Science Institute at Port Aransas. . Identify site-specific management options and develop cost and environmental issues that need to be addressed for each option at each site. . Contact local, regional, state, and federal stakeholders and discuss the proposed process residual management options. Based on these discussions and knowledge of the area, itemize issues that must be addressed for project implementation and discuss mitigation requirements and options with stakeholders. . Assess the environmental feasibility of the treatment and process residuals flow stream alternatives for each site. Exhibit B Page 2 of 5 H:IHOMEIKEVINSIGENIW A TERIDESALlNAIBameyDavis\2003\AgendaContractSumExhB.doc . Describe the likely impacts on use of this source on other water resources including other management strategies. . Develop a cost database for the capital, operations and maintenance costs for the recommended processes at each site. The information from the USBOR and the universities, as well as the information developed in the City of Corpus Christi's study of brackish groundwater desalination on Padre Island will be used as baseline work and evaluated prior to any further work being done. The additional work that is done in this scope of services will build upon and further refine the initial work in these studies as appropriate. Task 3 Seawater/Brackish Groundwater Blending - The Consultant will: Evaluate the impacts of blending of seawater with brackish water as either a raw water source or as a dilution technique for the disposal of process residual streams as means to significantly reduce project life cycle costs and lessen potential environmental impacts. The evaluation will include an analysis of the reduction of raw water total dissolved solids and the potential to enhance the desalination recovery at reduced operating pressures. The evaluation will include an analysis of the reduction in the size of the pretreatment process and capital cost versus pretreatment of seawater surface water alone. Specific sub-task will include: . Identify the availability of groundwater in terms of both quantity and quality in the vicinity of each of the sites under consideration. . Assess the impacts of blending available groundwater with the seawater sources in terms of quality and treatability. . Identify the costs of developing available groundwater sources, including delivery to the treatment plant or residual processing sites. . Identify the cost implications on blending available water sources on the primary and residual treatment processes. Task 4: Identification and Assessment of Project Partnerships - The Consultant will: Identify stakeholders and partnering opportunities. The identification will include an evaluation of project perception, assist in project acceptance, and potentially reduce overall project costs. The following sub- tasks are identified: ' . Identify project stakeholders that may be interested in project partnerships. Contact these stakeholders to determine their concerns that could be addressed through cooperative efforts or research programs. . Identify research projects that could enhance the overall demonstration project. . Identify potential research partners from the water treatment industry, academia, and government agencies. Contact each of the identified entities to determine levels of interest in partnering on the project. . Develop partnering scope documents with interested entities and obtain letters of interest in project partnering opportunities. Task 5: Water Transfers - Identification and Assessment of Potential Customers - The Consultant will: . Contact large users of water in the Coastal, Lower Rio Grande Valley, South Central and Lower Colorado Planning regions to discuss the potential use of water produced or otherwise made available from the Large Scale Desalination Demonstration Project. Discussions will include the determination of the conditions and costs under which these entities may be interested in obtaining available water. These potential customers may include the City of Laredo, the San Antonio Water System, the Lower Colorado' River Authority, the Canyon Regional Water Authority, Aqua Water Supply Corporation, the City of San Marcos, and possibly other smaller interests in Hays and Williamson Counties. . Contact major industrial users of water that further treat the water supply using desalination techniques to determine the level of interest and the conditions under which they would be willing to use water from the Large Scale Demonstration Desalination facility. . Develop a water transport cost model to assist in determining the cost of transporting or diverting water to potential customer. The cost model will include both the additional cost to build the Exhibit B Page 3 of 5 H:\HQME\KEVINS\GEN\W A TER\DESALI NA\8ameyDavis\2003IAgendaContractSumExhB.doc conveyance infrastructure but also identify potential cost savings associated with reduced operating costs of transporting water to Corpus Christi if applicable under certain scenarios. Costs of water will be expressed in cost per 1000 gallons of water produced by the plant, and costs per 1000 gallons for delivery to the intended destination. . Address potential benefits to upstream water users resulting from desalination in the Corpus Christi area. This would be a qualitative assessment that would list advantages and disadvantages to upstream water users in those basins from which Corpus Christi has firm yield rights, namely the Nueces and Colorado basins. . Develop draft agreements that would reflect the condition and structure that would be required to implement transfer to interested entities. Task 6: Identify and Assess Power Sources - The Consultant will: . Determine the base power load and range of power requirements anticipated for the planning horizon of the desalination facility. . Continue discussions with the Owners of the Barney Davis Power Plant concerning their continued operations, co-locating a desalination facility on their site, or alternatively, discussing the sale of the site and their existing intake and discharge permits for use by the desalination facility. . Identify other potential site uses and contact potential co-purchasers or users of the site, if sale of the Barney Davis site is potentially viabie,. . Identify other power plant locations that may be suitable for co-location of a desalination facility and initiate discussions concerning the long-term joint use of the site and site amenities. . Evaluate the construction of a new power supply source that will serve the desalination facility. . Determination the location, availability and cost of a second, or standby power source in the event of a failure of the primary power source. . Perform a desktop study of the applicability of alternative power sources such as wind-generated power along the southeast Texas coastline., . Based on the investigations and evaluations, determine the likely power cost structure that will be available to the desalination facility. This cost structure will be used in the cost model to determine the operating and life cycle costs of the desalination facility. Task 7: Assessment of Project Funding and Development Alternatives - The Consultant will: Identify the existing (conventional) water system funding techniques applicable to the State of Texas, review project funding and development programs used in other areas, and potentially consider new paradigms for project funding and implementation in the water industry, after all the technical and environmental feasibility analyses are completed. The following sub-tasks will be completed by the Consultant: . Define multiple project funding and delivery options. Although additional and specific alternatives will be developed under this task, the following areas will be developed as a minimum: o Conventional engineering design - contractor bid and construction o Design - Build - Operate o Private Funding o Creation of a separate Private Water Authority o Partnerships with Private and Public Research and Development entities o Public Funding Support . Provide a discussion of the advantages and, disadvantages to the identified funding and project development options and identify regulatory actions or contractual requirements that will need to be in place to implement the identified procurement or project development structures. . Identify project cost impacts that will result as a condition or implementation of the above procurement and project development concepts. The cost model identified in Task 8 will incorporate the recommended funding and development option.. . Seek potential construction management partners and develop the technical portions of draft agreements for developing and managing a desalination facility. . Explore ability of existing authorities to perform all or portions of a design build process. Task 8. Life Cycle Cost Model including funding shortfalls and the need for supplemental funding. The Exhibit B Page 4 of 5 H:\HOMEIKEVINSIGENIW A TERIOESALlNAIBarneyDavisl2003\AgendaContractSumExhB.doc Consultant will: . Assemble costs of the various optional treatment and management processes . Determine current cost of funds through public and private sources. . Assemble cost indexes of estimated prices of natural gas and other items that impact the operational cost of the facilities. . Work with City staff to determine the life cycle cost of current facilities and treatment processes, as well as raw water conveyance systems. . Develop life cycle costs for each source of water to the Corpus Christi system . Develop life cycle costs for the alternative desalination facilities proposed, and at each of the potential locations. It is anticipated that no more than three sites will be evaluated, and no more than two options per site will be included in the economic model. o Perform sensitivity analyses with the model to determine the relative sensitivity of the various factors affecting the facility, such as raw water salinity, raw water turbidity, cost of natural gas and/or electrical power depending upon the option chosen. This analysis will also include the potential revenue streams from contract sales of City water . Develop curves showing the comparison of current city sources versus the various desalination facility alternatives and determine the amount of additional support needed to make the desalination facilities revenue neutral to the City. . Provide economic model for City review and use. Task 9. Draft and Final Report - The Consultant will: . Assemble the results of each of the investigations noted above into a draft report. . Provide one unbound original report copy and 5 bound copies of the draft report for TWDB review. . Conduct public meeting at 90 percent completion stage to present results of the study and receive comments from the general public. o Respond to comments from the general public, City staff, and the Texas Water Development Board. Make changes to the draft report as appropriate and provide explanations where requested changes are not made. . Include copies of requested changes, comments, and all responses in the appendix to the report. . Produce 10 copies of the final report for the City plus one CD containing all digital files for the City, plus one camera ready original and one unbound original, 9 bound originals, and a CD with all digital files for the Texas Water Development Board. Summ arv of Fees: Task I DescriDtion Fee II.A I Phase 1 - Proiect Structure / Lenislative Needs $45,000 Phase 2 II.B.1 Identification & Meetinas with GCOs $39,000 II.B.2 Identification of Customers and Market $33,000 II.B.3 Costs Uodate and Financial Analvses $41,000 II.BA Fundina Reauest for TWDB - $31,000 II.B.5 Construction, Manaaement, & ODeration Alternatives $38,000 -- Phase 2 Subtotal $182,000 Orlnlnal Contract $227,000 Amendment No.1 -- 1I.E.1 Site Selection $112,000 1I.E.2 Bv Product Handling $46,000 II.E.3 Seawater/Brackish Groundwater Blendinn $52,000 II.EA Identification/Assessment of Proiect PartnershiDs $83,000 II.E.5 Water Transfers $81,000 11.E.6 Identify and Assess Power Sources $34,000 1I.E.7 Assessment/Proiect Fundinn Develonment Alternatives $46,000 11.E.8 Life Cvcle Cost Model $17,000 II.E.9 Draft and Final Reoort $29,000 Amendment 2 Subtotal $500.000 Total $727,000 H:\HOME\KEVINS\GEN\W A TER\DESALlNA\BameyDavis\2003lft.gendaContractSumExhB.doc Exhibit B Page 5 of 5 \ Mproject \ councilexhibits \ exh846J. dwg SAN PATRICia COUNTY ~ N NUECES BAY i ~ ~ AGh(S F a _ ~ S! ~ INWIIAW"AL ~ CORPUS CHRISTI BAY ~ ~ . Nueces County I . . ~ ~ ~ ...... PROJECT LOCA nON LOCATION MAP NTS PROJECT # 8463 EXHIBIT "C" CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES ~ PAGE: 1 of 1 _ _ - - - - DATE: 02/11/200J _ _ - BARNEY DAVIS DEMONSTRATION DESALINATION PLANT PROJECT 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 28. 2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. (Project No. 8424) FUNDING: Funding is available from the Water CIP Fund (Commercial Paper). CONCLUSION AND RECOMMENDATION: A provalofth motion as presented. el R. Escobar, P.E. irector, Engineering Services 3 Eduarao Garafia, Director, Water Se ces f A~clJments: Exhibit A: BackQrouDd Information ExhlDlt B: Contract summary Exhibit C: Location Map H:\HOMEIKEVINSIGENIWA TERIGarwoodlAgendaMemo.doc BACKGROUND INFORMATION SUBJECT: Garwood Water Supply Pipeline Routing (Project No. 8424) ADDITIONAL INFORMATION: A pipeline is necessary to deliver water purchased from the Garwood Irrigation Company to Corpus Christi. The development of a routing plan involves a number of complex tasks prior to the design and construction of the pipeline. Phase 1 services provides for the Consultant to proceed with a screening study of delivery options. This will allow the City to evaluate various delivery options prior to proceeding with a detailed study. GARWOOD WATER RIGHTS: In September 1992, the City of Corpus Christi entered into an option agreement for the purchase of up to 35,000 acre-feeUyear from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the Lower Colorado River Basin, with a priority date of November 1, 1900. This water right authorized the diversion of 168,000 acre-feeUyear from the Colorado River at a maximum rate of 750 cfs, or 1,488 acre-feet per day. Most of Garwood's service area lies outside the Colorado River Basin, and currently uses a large part of its right for irrigation of land that is located in the Lavaca-Navidad River Basin. In 1993, the Texas Natural Resource Conservation Commission (TNRCC) authorized an amendment to Garwood's water right that allows for the use of 35,000 acre-feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the TNRCC approved the City of Corpus Christi's purchase of the 35,000 acre-feeUyear from the Garwood Irrigation Company, herein referred to as the Garwood Purchase. The amendment of the certificate of adjudication authorizes the City of Corpus Christi to divert 35,000 acre-feeUyear from the Colorado River for irrigation, municipal and industrial purpose at a rate not to exceed 150 cfs. The certificate also subordinates the 35,000 acre-feeUyear to the remaining portion of the original Garwood Irrigation water right by giving it a priority date of November 2, 1900. CONSULTANT SELECTION: The City solicited a request for proposals for the Garwood Routing Plan. Eight firms responded and submitted proposals. Three firms were short listed and interviewed. The firm of Freese and Nichols, Inc. was deemed to offer the best approach and was deemed most qualified to perform the required services. The responding firms were: H:IHOMEIKEVINSIGENIWA TERIGalWoodlAgendaBkgExhA.doc . Black & Veatch Corporation - Short Listed . Freese & Nichols - Short Listed . HDR Engineering - Short Listed . Brown & Root Services . Carter & Burgess . Parsons Brinkerhoff Quade & Douglas, Inc. . Smith, Russo & Mercer . Turner, Collie, Braden, Inc. CONTRACT DESCRIPTION: The development of the pipeline involves a large number of complex variables. The contract was developed utilizing a phased approach reflecting major decision points. Major variables include alternative delivery options, routing, potential partnerships, environmental issues, and permitting. This allows the City and Consultant to have a better definition of the scope of services and associated fee requirements for each phase. The major phases are: . Phase 1 - Screening Study of Delivery Options . Phase 2 - Detailed Study of Delivery Options . Phase 3 - Pipeline Route Study . Phase 4 - Pipeline Surveying, Easement Acquisition, and Permitting . Phase 5 - Pipeline Topographic Survey and Preliminary Design . Phase 6 - Final Design Phase . Phase 7 - Bid, Award, and Construction A contract summary is attached. See Exhibit B. H:IHOME\KEVINS\GEN\WA TERIGarwoodlAgendaBkgExhA.doc Exhibit B Contract Summary Phase 1 . Screening Study of Delivery Options: The objective of this phase is to study up to seven options, and choose the preferred two or three options for more detailed study. Phase 1 includes brief studies of alternate delivery concepts, including the following: 1) Alternate Pump Station Intake locations along the Colorado River or in existing irrigation canals 2) Alternate Delivery Method of Operations. Method of Operations may include peak pumping from the Colorado River, the use of off-channel storage, or other concepts. 3) Alternate Partnership Scenarios, such as a combined system where Corpus Christi and other water providers form a partnership or a system wholly owned by Corpus Christi. Task 1: CONSULTANT ENGINEER will gather and review previous studies from Corpus Christi, Lavaca-Navidad River Authority (LNRA), and others. CONSULTANT ENGINEER will gather existing aerial mapping and topographic mapping. Task 2: CONSULTANT ENGINEER will attend a kick-off meeting to discuss the project and begin the studies. CONSULTANT ENGINEER will prepare five or more delivery options for discussion at the meeting. The Consultant Engineer will evaluate the following delivery options: 1) Delivery of water at a peak diversion rate directly from the Colorado River to the Mary Rhodes Pipeline. The peak diversion rate may require a larger diameter pipeline than other options. 2) Delivery of water at a uniform annual rate to the Mary Rhodes Pipeline utilizing an off-channel storage facility near the Colorado River Diversion Site and a high capacity intake pump station on the Colorado River. The uniform annual rate may allow a smaller diameter pipeline between the off-channel storage facility and the connection to the Mary Rhodes Pipeline. 3) Delivery of water at a uniform annual rate from the Colorado River to the connection at the Mary Rhodes Pipeline. This concept would require peaking out of Lake Corpus Christi and/or Lake Texana. 4) Delivery of water at a uniform annual rate and store the water in Lake Texana. This option may require a revision to the Corpus Christi Garwood Water Rights and coordination with US. Bureau of Reclamation and other agencies. 5) Create a partnership with LCRA or other water providers and, construct a system to serve Corpus Christi, LCRA and/or others. 6) Up two additional delivery options as may be determined. Task 3: CONSULTANT ENGINEER will provide a brief evaluation of the delivery options to select the two or three preferred options. The selection criteria and relative importance of each criterion will be determined in conjunction with the City of Corpus Christi. The selection criteria may include the following: 1) Requirements for facilities: CONSULTANT ENGINEER will determine the capacity and location of pump stations, off-channel storage, and pipelines for each option. The capacity of the facilities will be based on the "Reservoir Operating Plan Update and Flood Release Model Study," as prepared by HDR Engineering, or other studies as Corpus Christi so chooses. 2) Estimated Construction Cost: CONSULTANT ENGINEER will provide our opinion of probable construction cost for each option. 3) Land Cost: CONSULTANT ENGINEER will provide our opinion of probable land cost for each option based on a brief review of data from the tax appraisal district in the area. 4) Environmental Conflicts: CONSULTANT ENGINEER will provide a brief investigation of the relative differences in environmental conflicts for the proposed facilities associated with each option. 5) Ease of Permitting: CONSULTANT ENGINEER will provide our opinion of the relative differences in the difficulty of obtaining permits for each option. 6) Flexibility: CONSULTANT ENGINEER will evaluate the flexibility of each option to be adaptable into a combined system with multiple partners. Task 4: CONSULTANT ENGINEER will prepare a draft report summarizing the results of Phase 1. The report will include recommendations for the two or three preferred delivery options. CONSULTANT ENGINEER will provide ten copies of the draft report to the City. Task 5: After review by Corpus Christi, CONSULTANT ENGINEER will meet with Corpus Christi to receive comments on the draft report. CONSULTANT ENGINEER will then address the comments and issue twenty copies of the second draft of the report to the City. Task 6: CONSULTANT ENGINEER will present the report in a meeting with the City Council. CONSULTANT ENGINEER will revise the report as appropriate and issue twenty copies to the City. Phase 2 - Detailed Study of Delivery Options Phase 2 will include a more detailed evaluation of the preferred options from Phase 1. The objective of Phase 2 is to determine the following: 1) Location of the intake pump station 2) Capacity of the delivery system 3) Feasibility of off-channel storage in the project 4) Potential of including other partners on the project Phase 3 - Pipeline Route Study Phase 3 includes a detailed evaluation to select a final route to begin surveying and easement acquisition. Phase 3 will include an evaluation of two or more alternate pipeline routes. One alternate route will be recommended for approval. Phase 3 will also include updates on the project construction cost and permit requirements. Phase 4 - Pipeline Surveying, Easement Acquisition, and Permitting Phase 4 will include property surveys of the chosen route, preparation of easement documents, easement acquisition, environmental studies to support permit applications, environmental permit applications, and acquisition of environmental permits. Phase 5 - Pipeline Topographic Survey and Preliminary Design Phase 5 includes topographic surveys of the pipeline route and off-channel storage site (if any). Phase 5 also includes preliminary design of the facilities and preparation of the preliminary design report. Phase 6 will proceed after approval of the preliminary design report. Phase 6 - Final Design Phase Phase 6 will include final design and preparation of the bidding documents for the construction phase Phase 7 - Bid, Award, and Construction Phase 7 will include bidding, award of bids, construction, testing, and startup of the facilities. Proposed Project Schedule: DAY DATE ACTIVITY Tuesday October 28, 2003 Notice to Proceed Friday March 26, 2004 Delivery of Phase 1 Draft Report Friday April 30, 2004 Delivery of Final Report Summarv of Fees: Description Fee IA1 Screenina Studv of Deliverv Oations $116,100.00 1.A.2 Detailed Studv of Delivery Options TBN I.A.3 Pipeline Route Studv TBN I.A.4 Pipeline Survevino, Easement Aceuisition,' and Permittino TBN IA5 Pioeline Topoeraphic Survey and Preliminarv Desien TBN 1.A.6 Final Desion Phase TBN I.A.7 Bid, Award, and Construction TBN Total $116,100.00 Mpro ject \ councilexhibits \ exhB424. dw ~ N ..ON' GULF OF MEXICO CIP PROJECT No. 8424 LOCATION MAP NOT TO SCALE EXHIBIT "e" CITY OF CORPUS CHRISTI. TEXAS PAGE: 1 of 1 DATE: 10/28/2003 ~ -- - - ~-~ GARWOOD WATER SUPPLY PIPELINE ROUTING PLAN, PHASE 1 SERVICES CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES