HomeMy WebLinkAboutAgenda Packet City Council - 01/27/2004CITY COUNCIL AGENDA
JANUARY 27, 2004
Corpus Christi
Al,-AmedeaCity
2O03
11:45 A.M. - Proclamation declaring February 6, 2004 as "Wear Red for Women Day"
Proclamation declaring the month of February as "American Heart Month"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 27, 2004
9:00 A.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 12:00 p.m. or at the end
of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingl&s es limitado, habr~ un int~rprete ingl&s-espa~ol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Reverend E. F. Bennett.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Mark Scott
Council Members:
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of January 20, 2004. (Attachment # 1)
Agenda
Regular Council Meeting
Janua~ 27,2004
Page 2
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
ratherthan a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideretion and action on any reconsidered
item.
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CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Councll has
been furnished with background and support matedal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe 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:
( A t this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving supply agreements for vehicle and equipment
tires and tubes in accordance with Bid Invitation No. BI-0022-04
with the following companies for the following amounts. Awards
are based on Iow bid and only bid, for multiple progressive
awards for a total estimated annual expenditure of $521,566.62.
The term of the contracts will be for twelve months with an option
to extend for up to two additional twelve-month periods, subject
to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by Maintenance Services,
Aviation, Emergency Medical Services, and the Fire Department
in FY 2003-2004. (Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 27, 2004
Page 3
A to Z Tire and Battery
Corpus Christi, TX
Items: 1.1-1.3, 1.8, 1.10, 1.13, 1.14, 1.16-1.18, 4.1, 5.1-5.17,
6.1-6.3, 7.1-7.4, 8.1-8.2, 9.1-9.4, 10.1
$433,149.85
Goodyear Tire & Rubber Co.
Corpus Chdsti, TX
Items: 1.4-1.7, 1.9, 1.11, 1.12, 1.19, 2.1-2.3, 3.1
$88,406.77
Grand Total: $521,566.62
Motion approving a supply agreement with Envirosolve, of Tulsa,
Oklahoma for the collection, transportation, and disposal of
household hazardous waste in accordance with Request for
Proposal No. BI-0013-04 for an estimated three-year expenditure
of $333,058. The term of the contract will be for three years,
subject to annual appropriations, with an option to extend the
contract for up to two additional twelve-month periods, subject to
the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Storm Water
Department in FY 2003-2004. (Attachment # 3)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Jesus A. Lopez and wife,
Blanca Lopez in the amount of $20,000 plus $1,000 in closing
costs and an additional amount not to exceed $22,500 for
relocation assistance in connection with a replacement dwelling,
all for the purchase of fee simple property rights for Parcel 3,
being all of Lots 10 and 11, Block 4, H. E. Luter Partition, with
street address of 422 Eighteenth Street, necessary for the Garcia
Arts Center Area Street Improvements, Phase 2. (Attachment
Resolution supporting a fair share for federal highways in Texas.
(Attachment #5)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 27,2004
Page 4
I. PUBLIC HEARINGS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
6. Work-Force 1, Quarterly Update (Attachment #6)
Presentation of park improvement plan for Dan Whitworth Park.
(Attachment #7)
8. Update on the City/County Jail contract negotiations.
(Attachment #8)
9. Downtown Drainage Project Presentation. (Attachment #9)
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REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
10.a. Review of proposed FY 2004 Storm Water Supplementary
Project Budgets. (Attachment #10)
10.b. First Reading Ordinance - Approving the FY 2003-2004 Capital
Budget in the amount of $173,624,300. (Attachment #10)
11.
Motion authorizing the City Manager or his designee to execute
a consultant contract for engineering services with MEI Govind,
Inc., of Corpus Christi, Texas in the amount of $351,021 for the
Northside/Port Area Infrastructure Improvement Project.
(Attachment #11 )
12.
First Reading Ordinance - Amending Article V, Code of Ethics,
Chapter 2, Code of Ordinances, relating to outside employment.
(Attachment #12)
13.
First Reading Ordinance - Authorizing the City Manager to
execute a long-term lease with Round Rock Baseball, Inc. to
manage and operate a baseball stadium to be constructed by the
City, in consideration of the payment of rent and the obligation to
have a minor league baseball team affiliated with major league
baseball play its home games in the stadium. (Attachment #13)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Janua~ 27,2004
Page 5
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
14.
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF ¥OUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr& un int&rprete
ingl&s-espa~ol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Government Code Section
551.071 regarding Gloda Cardona, et al vs. Maria Jimenez and
the City of Corpus Chdsti, Cause No. 01-3216-G, in the 319th
Judicial District Court of Nueces County, Texas, with possible
discussion and action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 27,2004
Page 6
15.
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Executive session under Texas Government Code Section
551.074 for deliberations regarding the evaluation of the City
Secretary, with possible discussion and action related thereto in
open session.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
16. CITY MANAGER'S REPORT
17.
18.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
to City Hall, 1201 Leopard Street, at
This agenda was posted on the City's official bulletin board at the front entrance
l: O0 p.m.,
,2004.
Armando Chapa
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Janua~ 27,2004
Page 7
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)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 20, 2004 - 9:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Mark Scott (Arrived at 9:18 a.m.)
Council Members:
Brent Chesney (Arrived at 9:10 a.m.)
Javier D. Colmenero (Arrived at 9:10 a.m.)
Melody Cooper (Arrived at 9:01 a.m.)
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
City Staff:
City Manager George K. Nog
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Michael Groves of Southside Community Church and the Pledge
of Allegiance to the United States flag was led by Council Member Noyola. 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 January 13, 2004. A motion was made and passed to approve the minutes as
presented.
Mayor Neal referred to Item 2 and the following board appointment was made:
Community Youth Development (78415) Pro_exam Steering Committee
Alfred J. Cardona (Appointed)
Mayor Neal called for consideration of the consent agenda (Items 3-15). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and discussion
on Item 14. Council members requested that Items 6 and 9 be discussed. There were no comments
from the audience. A motion was made and passed to approve Items 3 through 15, constituting the
consent agenda, except for Items 6 and 9, which were pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
January 20, 2004 - Page 2
MOTION NO. 2004-019
Motion approving the purchase of fifteen (15) vehicles from the Houston-Galveston Area
Council of Government (HGAC) for the amount of $203,851.30. The award is based on the
cooperative purchasing agreement with HGAC. These vehicles will be used by the Police
and Fire Departments. Funds are available from the FY 2003-2004 Fire Department Stations
Operating Budget and the 2003 Law Enforcement Block Grant. These items will be
replacements to the fleet.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
4.a. RESOLUTION NO. 025622
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$16,920 from the Texas Department of Public Safety for Hazardous Materials Emergency
Preparedness Planning Activities.
The foregoing resolution was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
4.b. ORDINANCE NO. 025623
Ordinance appropriating $16,920 fi'om the State of Texas Department of Public Safety in the
No. 1062 Fire Grants Fund for Hazardous Materials Emergency Preparedness Planning
Activities.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye";
Chesney, Colmenero and Scott were absent.
ORDINANCE NO. 025624
Ordinance appropriating $20,746.50 in mining revenues received from Del Mar College into
the General Fund for Fire Department for the purchase ora vehicle; and amending the FY
2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing estimated
revenues and appropriations by $20,746.50.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye";
Chesney, Colmenero and Scott were absent.
Minutes - Regular Council Meeting
January 20, 2004 - Page 3
MOTION NO. 2004-022
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract for architectural services with Dykema Architects, Inc., of Corpus Christi, Texas
for the Central Library Children's Area Project in the amount of $8,000 for a re-stated total
not to exceed the fee of $32,000.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
MOTION NO. 2004-023
Motion authorizing the City Manager or his designee increase the escrow with the Texas
Department of Transportation in the amount of $27,973.01 for the bridge rehabilitation on
the Cayo Del Oso Bridge on Ocean Drive (closest to Naval Air Station) in compliance with
the Advanced Ftmding Agreemem.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
10.a. MOTION NO. 2004-025
Motion approving the reimbursement application for $10,275 submitted by the Nueces
County Emergency Services District No. 1, owner and developer ofC. C. Hart Partition, Lot
3, Share 3, for the installation of 210 linear feet of an offsite 8-inch PVC sanitary sewer
collection line.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Cbesney, Colmenero and Scott were
absent.
10.b. ORDINANCE NO. 025625
Ordinance appropriating $10,275 from the Sanitary Sewer Collection Line Trust Fund No.
4220 to pay the Nueces County Emergency Services District No. l's reimbursement request
for the installation of 210 linear feet of an offsite 8-inch PVC sanitary sewer collection line
to develop C.C. Hart Partition, Lot 3, Share 3.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye";
Chesney, Colmenero and Scott were absent.
Minutes - Regular Council Meeting
January 20, 2004 - Page 4
11.a. MOTION NO. 2004-026
Motion approving the Deferment Agreement between the City of Corpus Christi and Davis
Net Lease No. 1, L.P., developer of future Lot lA, Block 4, Nueces River Irrigation Park in
the amount of $7,527.68 cash for the future construction improvements including curbs,
gutters and sidewalks along County Road 50, in accordance with the Platting Ordinance.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
11.b. MOTION NO. 2004-027
Motion approving the Deferment Agreement between the City of Corpus Christi and Davis
Net Lease No. 1, L.P., developer of future Lot lA, Block 4, Nueces River Irrigation Park,
in the amount of $24,364.23 for the future improvements including construction of street,
curbs, gutters, sidewalks, storm water sewer and water lines along County Road 50, in
accordance with the Platting Ordinance.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
12.a. MOTIONNO. 2004-028
Motion approving the SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station
and Force Main Reimbursement Agreement submitted by Yorktown Oso Joint Venture, for
the construction and installation of approximately 8,000 linear feet of 18 to 27-inch gravity
sanitary sewer, about 2,500 linear feet of 8-inch force main, a lift station and appurtenances,
located in the south side of Corpus Christi, mainly along the Airline Road street fight-of-
way.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
Minutes - Regular Council Meeting
January 20, 2004 - Page 5
12.b. ORDINANCE NO. 025626
Ordinance appropriating $2,108,755 from the Sanitary Sewer Trunk System Trust Fund No.
4220 to pay Yorktown Oso Joint Venture, for the installation of approximately 8,000 linear
feet of 18 to 27-inch gravity sanitary sewer line, about 2,500 linear feet of 8-inch force main
line, a lift station and appurtenances, as specified in Sanitary Sewer Construction and
reimbursement agreement located in the south side of Corpus Christi, mainly along the
Airline Road street right-of-way.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye";
Chesney, Colmenero and Scott were absent.
13. ORDINANCE NO. 025627
Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed
Limit in Certain Zones, by revising the speed limits on the following street section, and
providing for penalties. (First Reading 01/13/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney,
Colmenero and Scott were absent.
14. ORDINANCE NO. 025628
Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, Section 9-54
to change the landing fee and the definition of commercial aircral~. (First Reading 01/13/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Chesney, Colmenero and
Scott were absent; Noyola abstained.
15. ORDINANCE NO. 025629
Authorizing the City Manager or his designee to execute a five-year lease with Tejas
Bowmen Archery Club to construct, maintain, and operate an archery range; and providing
for termination upon 30 days notice by either party. (First Reading 12/09/03)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Cooper, Garrett, Kelly, Kiunison, and Noyola, voting "Aye"; Chesney,
Colmenero and Scott were absent.
Mayor Neal opened discussion on Item 6 regarding the replacement of an electronic sofavare
system in the Police Department. Mayor Neal asked for more information on this item. Mr. Ogilvie
Gericke, Director of Municipal Information Systems, explained that staff was recommending the
purchase of a Storage Area Network (SAN) and the updating of the cable in the Police Department
building to lay the groundwork for replacement of the Phoenix soft:ware system used by the Police
Minutes - Regular Council Meeting
January 20, 2004 - Page 6
Department. Mayor Neal commented that the city has spent a large amount of money over the years
on technology upgrades. Mayor Neal asked if the police department's system was in need of this
new technology, and if there was any end in sight to the upgrades. Mr. Gericke replied that the
vendor of the Phoenix product, Tiburon Incorporated, had announced that support for the product
would cease during 2006. Therefore, Mr. Gericke stated that staffdeveloped a plan to replace the
Phoenix product to a new system during 2004-2005. City Manager Noe added that there are a
number of advantages in terms of improved service and productivity if the city continues to invest
in technology. He noted that the Phoenix sofavare had lasted for fifteen years, which was a long
time in technology years. Mr. Noe stated that staff could make a presentation on what they see as
the city's technology needs in the future. Mayor Neal said he thought this type of presentation
would be worthwhile. City Secretary Chapa polled the Council for their votes as follows:
6.a. MOTION NO. 2004-020
Motion authorizing the City Manager or his designee to purchase a turnkey solution
consisting of an EMC Storage Area Network (SAN), a sixty-month warranty, installation
and data migration services from DataSeek Corporation, of San Antonio, Texas in an amount
not to exceed $499,364.25. DataSeek Corporation is a Catalog Information Systems Vendor
(CISV) with the State of Texas. This expenditure is to be financed over a five-year period
using the City's lease line of credit.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
6.b. MOTION NO. 2004-021
Motion authorizing the City Manager or his designee to purchase cabling services fi.om
AVNET Enterprise Solutions, of Austin, Texas, in the amount of $260,261.56. AVNET
Enterprise Solutions is a Catalog Information Systems Vendor (CISV) with the State of
Texas. This expenditure is to be financed over a five-year period using the City's lease line
of credit.
The foregoing motion was passed and approved with the following vote: Neal, Cooper,
Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were
absent.
Mayor Neal opened discussion on Item 9 regarding rolled curb and gutter replacements and
manhole ring and cover adjustments. In response to Council Member Noyola's question, City
Engineer ~ngel Escobar replied that the list of citizens who have requested rolled curb and gutter
replacement is addressed on a "first come, first serve" basis, prioritizing those blocks that do not
require reconstruction of the whole street because they would expend the least amount of funds.
Council Member Noyola stated that he would like to see the city find additional funds in the future
to assist more citizens. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
January 20, 2004 - Page 7
MOTION NO. 2004-024
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract for professional services with Felix H. Ocanas, Jr. of Corpus Christi, Texas in the
amount of $11,050, for a total re-stated contract fee of $36,000, for the Rolled Curb and
Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY2003.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent.
Mayor Neal referred to Items 16, 17, 18, 19 and 20, and a motion was made, seconded and
passed to open the public hearing on the following zoning cases:
16.
Case No. 1103-01, John J. Nelson: A change of zoning fi.om an "R-lB" One-family
Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F" (Facade)
Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 22,
located south of Clifford Street and 100 feet west of Santa Fe Street.
17.
Case No. 1103-02, Glenn R. Peterson: A change of zoning fi.om an "R-lB" One-family
Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F" (Facade)
Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 16,
located south of Clifford Street and 400 feet west of Santa Fe Street.
18.
Case No. 1103-03, Glenn R. Peterson: A change of zoning fi.om an "R-lB" One-family
Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F" (Facade)
Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 23, Lot 1, located
on the northwest comer of Clifford and Lawnview Streets.
19.
Case No. 1103-04, Glenn R. Peterson: A change of zoning fi.om an "A- 1" Apartment House
District to an "A-1" Apartment House District with a "HC-F" (Facade) Historical-Cultural
Landmark Preservation on Bayfront Terrace Subdivision, Block 4, Lot 5, located west of
Ocean Drive and 225 feet south of Ayers Street.
20.
Case No. 1103-07. Glenn R. Peterson: A change of zoning fi.om an "R-lB" One-family
Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F" (Facade)
Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 15,
located on the south side of Clifford Street and 360 feet from Santa Fe Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R- 1B" One-family Dwelling District with a "HC-F" (Facade) Historical-Cultural Landmark
Preservation for Items 16, 17, 18 and 20, and"A- 1" Apartment House District with "HC-F" (Facade)
Historical-Cultural Landmark Preservation for Item 19.
Mr. Michael Gunning, Director of Planning, explained that the city had received five
requests for an "HC-F" Historical-Cultural Faqade overlay designation for each of the five subject
Minutes - Regular Council Meeting
January 20, 2004 - Page 8
properties before the Council today. He said in all cases, the Landmark Commission recommended
approval of the designations in August 2003. He said most of the properties were constructed
between the 1920s and the 1930s. He said in 1989, the properties had been identified as potentially
historically significant by Ms. Sally Victor, a renowned specialist in historical preservation who was
working as a consultant for the city at the time. Ms. Victor rated the properties as a high priority
for designation.
Mr. Gunning explained that the "HC-F" designation would require that any exterior building
modifications to be reviewed and acted upon by the Landmark Commission within 30 days of the
building permit request date. If no action is taken by the Landmark Commission within the 30-day
period, the property owner may proceed with the modification plans without Landmark Commission
approval. Other than this requirement, Mr. Gunning stated that there was no extra burden on the
property owner.
Mayor Neal noted that there was opposition to one of the zoning changes. Mr. Gunning
replied that there was opposition to Item 19, Case No. 1103-04 Glenn Peterson. He said two
property owners owning three lots are opposed to the zoning change. He said the property owners
felt that the property did not meet the purpose of the Historical-Cultural Landmark designation nor
would the designation provide any economic benefit.
Mayor called for public comment on Items 16, 17, 18, 19, and 20. No one spoke in
opposition to the zoning changes. Mr. Chesney made a motion to close the public hearing, seconded
by Mr. Scott, and it passed.
Council Member Kinnison referred to Item 19, and said that correspondence received from
the attorney representing those property owners in opposition to the zoning change stated the "HC-
1" designation required that the structure be a public structure open to the public. Mr. Gunning
replied that the initial notices sent out had inadvertently included a request for an "HC-I"
designation, which would have required that the structure be open to the public. He said the notices
were readvertised for the "HC-F" designation for the faqade only. Mr. Kinnison asked if there were
any benefits to the owner to have this property designation. Mr. Gunning replied that pride of
ownership was the main benefit. He also said the owner would receive a plaque from the city to
affix to the front wall of their building, recognizing the historical significance of the property.
Mr. Colmenero stated that it appeared the opposition was to the "HC-1" designation, not the
"HC-F" designation. Mr. Gunning answered that staff had corrected the initial problem, and had
not received any subsequent letters of opposition from the property owners.
Mr. Kelly asked if the neighbors had articulated why they were in opposition to the
designation. Mr. Gunning responded that there was no detriment to the adjoining properties or to
the neighborhood from this designation. He said he understood that the opposition may stem from
a disagreement between Mr. Peterson and one of the property owners regarding aprevious rezoning
request. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
January 20, 2004 - Page 9
16. ORDINANCE NO. 025630
17.
18.
19.
Amending the Zoning Ordinance upon application by John J. Nelson by changing the zoning
map in reference to Del Mar Subdivision, Block 17, Lot 22 from "R-lB" One-family
Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade);
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, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and
Scott, voting "Aye".
ORDINANCE NO. 025631
Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the
zoning map in reference to Del Mar Subdivision, Block 17, Lot 16 from "R-lB" One-family
Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade);
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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
ORDINANCE NO. 025632
Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the
zoning map in reference to Del Mar Subdivision, Block 23, Lot 1 from "R-lB" one-family
Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade);
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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
ORDINANCE NO. 025633
Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the
zoning map in reference to Bayfront Terrace Subdivision, Block 4, Lot 5 from "A-I"
Apartment House District to "A-l" Apartment House District with a "HC-F" (Facade);
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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
January 20, 2004 - Page 10
20. ORDINANCE NO. 025634
Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the
zoning map in reference to Del Mar Subdivision, Block 17, Lot 15, from"R- lB" One-family
Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade);
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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the
public hearing on the following item:
21.a.
Public heating to consider amending the 1983 Master Sanitary Sewer Plan for the Southern
Portion of Corpus Christi to extend a 24-inch gravity trunk main along a 2,000 linear foot
segment of Cimarron Boulevard.
Assistant City Manager Margie Rose explained that a developer was interested in amending
the 1983 Master Sanitary Sewer Plan to allow for the removal of an existing 12-inch sanitary sewer
main and subsequent replacement with a new 24-inch gravity trunk main. She said the new 24-inch
gravity trunk main would be designed to provide service to King's Point Unit 4 and any future
development along this section of Cimarron Boulevard. She said the replacement would require an
amendment to the Master Sanitary Sewer Plan.
Mayor Neal asked how this work would tie into the proposed expansion of Cimarron
Boulevard in Bond 2004. City Engineer Escobar responded that this work would allow the city to
install the sanitary sewer line before the street project was done.
There were no comments from the public. Mr. Kinnison made a motion to close the public
hearing, seconded by Mr. Chesney, and it passed. City Secretary Chapa polled the Council for their
votes as follows:
21.b. ORDINANCE NO. 025635
Ordinance amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of
Corpus Christi to extend a 24-inch gravity tnmk main along a 2,000 linear foot segment of
Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing
manhole south of Channel 31.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
City Secretary Chapa noted that Item 23 was related to the Council's action on Item 2lb.
Mayor Neal deviated from the agenda and opened discussion on Item 23. Mayor Neal asked ifthese
Minutes - Regular Council Meeting
January 20, 2004 - Page 11
items followed the city's normal procedure. City Manager Noe responded that this was a new
program. He said the city had amended a trust fund to provide for this type of work. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
23.a. MOTION NO. 2004-029
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Mostaghasi Investment Trust, owner and developer of King's Point Unit 4
Subdivision, for the installation of 1,238 linear feet of an off-site 24-inch PVC gravity
sanitary sewer trunk main along Cimarron Boulevard between Yorktown Boulevard and
Ditch 31.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
23.b. ORDINANCE NO. 025637
Ordinance appropriating of$148,635.66 from the Sanitary Sewer Collection Line Trust Fund
No. 4220 to pay Mostaghasi Investment Trust for the installation of 1,238 linear feet of an
off-site 24-inch PVC gravity sanitary sewer trunk main as specified in the Sanitary Sewer
Construction and Reimbursement Agreement to develop King's Point Unit 4 Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal deviated from the agenda and referred to Item 22. A motion was made,
seconded and passed to open the public hearing on the following item:
22.a.
Public hearing to consider amending the 1983 Sanitary Sewer Master Plan for southern
po~tiun of Corpus Christi for the installation of 10,000 linear feet of a 10-inch force main,
a lift station and appurtenances.
City Manager Noe stated that this was a similar project to Item 21, and he asked City
Engineer Escobar to provide more information. Mr. Escobar explained that the project would extend
to the Rodd Field Road and Wooldridge area. He said the item would allow the city to amend the
Master Plan to incorporate the implementation plan that the Council had approved in the mid- 1990s.
He said the implementation plan called for no expansion of the Oso Treatment Plant, and instead
allowed for the flow to be diverted fi'om the Oso service area into the Greenwood service area. He
said the lil~ station would be tied directly into the Wooldridge lift station. Thus, Mr. Escobar
concluded that this amendment clarified and put into action what staffhad already gotten approval
to do from the Council on the implementation plan, and appropriated the funds for the project.
There were no comments from the audience. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Colmenero, and it passed. City Secretary Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
January 20, 2004 - Page 12
22.b. ORDINANCE NO. 025636
Ordinance amending the 1983 Master Sanitary Sewer Plan for the southern portion of
Corpus Christi for the installation of a 10,000 foot, 10-inch force main, a lift station for
service areas east of Rodd Field Road and south of Holly Road.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
City Secretary Chapa noted that Item 24 was related to the Council's action on Item 22.
Mayor Neal deviated from the agenda and opened discussion on Item 24. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
24.a. MOTIONNO. 025638
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Hogan Development Company, owner and developer, for future development.
The installation of a 10,000 foot, ora 10 inch force main, a lift station and appurtenances.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained.
24.b. ORDINANCE NO. 025638
Ordinance appropriating $700,000 from the Sanitary Sewer Collection Line Trust Fund No.
4220 to pay Hogan Development Company, for installation of a 10,000 foot, 10 inch force
main, a lift station and appurtenances as specified in the Sanitary Sewer Construction and
Reimbursement Agreement to develop Lift Station No. 11 and Force Main for service areas
east of Rodd Field Road and south of Holly Road.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola,
voting "Aye"; Scott abstained.
Mayor Neal opened discussion on Item 25 regarding an Affordable Housing Project
Agreement between the city and the Corpus Christi Business and Job Development Corporation.
City Manager Noe explained that as a result of the November 2002 election, the Corpus Christi
Business and Job Development Corporation (4A board) was authorized to spend $500,000 a year
on affordable housing issues. He said the 4A board had been considering a number of proposals to
determine how to allocate the funds. He said this item represented one of their recommendations,
to allocate $225,000 to the Nueces County Community Action Agency to acquire property to be
developed for a single-family residential subdivision. He said the 4A board is currently considering
a number of proposals to spend the balance of the $500,000, and will make a recommendation at a
later date.
Minutes - Regular Council Meeting
January 20, 2004 - Page 13
Mr. Noyola commented that this was the first project the 4A board was recommending for
funding with sales and use tax money for affordable housing, as authorized by the voters in
November 2002. He thanked the 4A board for their work, and spoke in support of their
recommendation of the Nueces County Community action agency project.
Mr. Kinnison asked for more information on the development time line for the project. Mr.
Joe Martinez, Executive Director of the Nueces County Community Action Agency (NCCAA), said
the project called for a 100-lot subdivision, to be constructed over three phases. He said the first
phase would consist of 33 homes. He said the total project would take approximately three years
to develop. He said the Community Development Corporation would be assisting the NCCAA with
the infrastructure costs for the project. Mr. Noe added that the project was a joint venture between
the NCAA and the Community Development Corporation (CDC).
Mr. Kelly inquired what the $225,000 in funds would be used towards. Mr. Martinez replied
that the monies would be used for land acquisition for the project, approximately 20 acres. Mr.
Kelly asked if the money was a donation or a loan. Mr. Martinez replied that it was a loan. Mr.
Kelly asked how much the infrastructure for the project would cost. Mr. Martinez responded that
the infrastructure would cost approximately $380,000 per phase. Mr. Kelly asked if any other public
dollars would be needed to execute the project. Mr. Martinez replied that the NCCAA has applied
for HOME program dollars, a program which allocates a 15 percent set-aside for Community
Housing Development Organizations (CHDOs) like the NCCAA. He said the HOME funds would
be used to provide down payment assistance. Mr. Kelly asked how much money this represented.
Mr. Martinez responded that it represented approximately $278,000. Mr. Kelly asked how much
each house would cost. Mr. Martinez answered that each home would cost about $80,000. He asked
how much money in down payment assistance each family could receive. Mr. Martinez replied that
it would be between $12,000 and $15,000 per family. Mr. Rudy Cantu, Community Services
Director for the NCCAA, added that families had to meet an 80 percent of area median income
requirement before they could qualify for the program. He said the area median income was
approximately $48,000 for a family of four for this area, and 80 percent of this amount was about
$36,000 for a family of four. Mr. Kelly asked in addition to qualifying for the program, would a
family making $36,000 also be able to qualify for a $66,000 mortgage. Mr. Cantu replied
affirmatively. Mr. Kelly stated that since the program was using public funds, he wanted to be sure
that the project would create housing that would truly be affordable. Mr. Cantu said the NCCAA
provided their assurances that the monies would be used effectively.
Mr. Colmenero asked for a description of the homes. Mr. Martinez replied that the homes
would be conventional, 3 bedroom-2 bath homes, with a living/dining room combination and one-
car garage. He said the homes would have approximately 1,100 square-feet of living space. Mr.
Colmenero inquired how many people were on the waiting list. Mr. Martinez replied that about 200
people were on the waiting list, but said the individuals would need to be pre-qualified for the homes
first. He said the NCCAA normally recruits their clients through a housing fair, held three times a
year. Mr. Colmenero asked when the NCCAA would begin construction. Mr. Martinez answered
that construction would begin in approximately six months.
Ms. Cooper asked what the monthly payment would be on the average house. Mr. Martinez
responded that the payment would be between $500 and $600. Ms. Cooper spoke in support of the
project, and thanked the NCCAA for their hard work. Mr. Martinez invited the Council to attend
Minutes - Regular Council Meeting
January 20, 2004 - Page 14
the groundbreaking ceremony for the project in the near future. City Secretary Chapa polled the
Council for their votes as follows:
25.a. RESOLUTION NO. 025639
Resolution approving the execution of an Affordable Housing Project Agreement between
the Corpus Christi Business and Job Development Corporation and the Nueces County
Community Action Agency (NCCAA) to allow the Corporation to grant to the NCCAA
$225,000 toward land acquisition for an Affordable Housing Project.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
25.b. RESOLUTION NO. 025640
Resolution authorizing the execution of an Affordable Housing Program Agreement between
the Corpus Christi Business and Job Development Corporation and the City of Corpus
Christi to allow the City Manager or his designee to administer funding on behalf of the
Corporation, perform the contract administration responsibilities associated with Affordable
Housing Project Agreements, and to specifically administer a separate agreement between
the Corporation and the Nueces County Community Action Agency.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 26 regarding the city's Third Party Administrator
(TPA) for the workers' compensation program. Ms. Cynthia Garcia, Director of Human Resources,
explained that the city issued a Request for Proposals (RFP) for TPA administration of workers'
comp claims and cost containment review services. She said they reviewed and evaluated the
proposals based on the following four components: risk, strategic need, and technical solutions (20
percent each); and cost (40 percent). She said staff was recommending that the city award the
contract to F.A. Richard and Associates for these services based on best value and lowest cost. She
said F.A. Richard and Associates was the city's current TPA for workers' compensation claims.
Mayor Neal asked Ms. Garcia to provide the names of the other companies that had
submitted proposals and their locations. Ms. Garcia named the following firms: F.A. Richard, Tri-
Star, Barron, ASG, CCS and Ward. She said that F.A. Richard and Tri-Star had local offices, while
Barron, ASG, CCS and Ward did not have local offices, but had agreed to open a local office if they
were awarded the contract. Mr. Kinnison asked ifF.A Richard had increased their prices since their
last contract. Ms. Garcia replied that the price had increased slightly, but F.A. Richard was still the
best value. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
January 20, 2004 ~ Page 15
26. MOTION NO. 2004-031
Motion authorizing a two-year contract with two one-year renewal options between the City
of Corpus Christi, Texas, and F.A. Richard & Associates to provide workers' compensation
Third Party Administration (TPA) and cost containment services.
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 opened discussion on Item 27 regarding case management services associated
with workers' compensation claims. City Manager Noe stated that in the past, the city had used
multiple firms to provide case management services. This year, Mr. Noe said staff was
recommending the use of one f~rm exclusively to improve the continuity of care and streamline the
process. Ms. Garcia stated that the proposals were evaluated on the same four criteria as the TPA
proposals: risk, strategic need, and technical solution (20 percent each); and cost (40 percent). She
said staff was recommending Intracorp as the best value to provide case management services. She
noted that they had a local office.
Mayor Neal pointed out that of the eleven proposals received, Intracorp submitted the most
expensive bid. Ms. Garcia responded that the proposals were evaluated on other criteria besides
cost. She said Intracorp received the highest number of points based on the four criteria previously
mentioned.
Mayor Neal asked for public comment. Ms. Ann Jaime said she had submitted an RFP but
was penalized for submitting a tax return in lieu of a financial statement as required. She felt the
grading system was unfair to small, local companies like the one she owned. She asked the Council
to reconsider staff's recommendation, and instead consider awarding her the case management
services contract to her company.
Mr. Scott asked under which section of the evaluation was the financial statement assessed.
Ms. Garcia replied that the financial statement was assessed in the Risk portion of the evaluation.
He asked why Ms. Jaime's company received zero points on the technical solution section. Ms.
Garcia responded that Ms. Jaime did not address what types of reports the city would receive and
how they would receive them. Mr. Scott stated that in his view, a proposal would get zero points
for a section if they did not submit a response. Ms. Garcia stated that Ms. Jaime did not respond to
that portion of the RFP.
Mr. Colmenero asked of the eleven proposals submitted, how many companies were local.
Ms. Garcia replied that Intracorp, Ann Jaime/Viola Lopez, and F.A. Richard had local offices. Mr.
Colmenero asked if the RFPs were worded clearly. Ms. Garcia answered that staff has always tried
to write RFPs as clearly as possible to elicit accurate responses. Mr. Colmenero said he found it
troubling that staff was not recommending the low bid. Ms. Garcia replied that for a professional
services contract like this one, cost was not the sole consideration. She said staffhas been weighing
cost at 40 to 60 percent of the total score, depending on the type of proposal. Mr. Colmenero stated
that historically, the proposal receiving the highest score was also the low bid. City Manager Noe
replied that this was a fimction of the fact that staff had weighted cost as 40 to 60 percent of the total
score. He said in the last few RFPs, the highest scorer was also the lowest bidder, but the rating
Minutes - Regular Council Meeting
January 20, 2004 - Page 16
breakdown used here was consistent with the process used in the other bids.
Mr. Chesney asked why Fair Isaac, the highest point-getter, was not being recommended by
staff. Ms. Garcia answered that Fair Isaac said they were going to subcontract their services, but did
not state who they were going to use as subcontractors. She said Fair Isaac stated that they would
subcontract with individuals meeting the city's criteria, but did not provide resumes for those
individuals as requested in the RFP. Thus, Ms. Garcia said staffchose not to recommend Fair Isaac
even though they received the highest number of points.
Mr. Chesney asked Ms. Jaime if she contested staff's assertion that she did not respond to
the technical solutions part of the RFP. Ms. Jaime replied that stafftold her the reason her company
was not being recommended for award was because she did not submit a financial statement, and
because she was weak in the technical solutions part of the RFP. Ms. Jaime said she did respond
to the technical solutions section. She said the RFP asked for a copy of her company's standard
reporting package, and in response she explained how she reports to the TPA, which she has been
doing since 1989.
Ms. Garcia read the following section from the RFP under technical solutions - "Please
provide a copy of your standard reporting package, and list the frequency in which reports are
generated and distributed, as well as any additional related costs." Ms. Garcia said that staffdid not
receive a copy of the standard reporting package from Ms. Jaime. Rather, Ms. Garcia said Ms.
Jaime responded that "reports are generated within one week of initial contact with injured worker
and treating physician. Afterwards, reports are generated every thirty days, unless injured worker
has sustained catastrophic injury such as spinal cord, head injury or multiple traumas. These type
of injuries require weekly contact until case is stabilized and a treatment plan has been established."
Mr. Chesney asked if Ms. Jaime's response did not in fact partly address what was being requested
in this section. Ms. Garcia stated that staffcould not evaluate the proposal properly without copies
of the standard reporting package, since the assumption was that this computer-generated data would
be entered into the city's computer system. Mr. Chesney responded that of the three items requested
in the question, Ms. Jaime provided one of the three. He said Ms. Jaime should have been given
some points based on this partial response. Thus, Mr. Chesney said he would vote against staff's
recommendation.
Mr. Noyola asked Ms. Jaime how long she had been doing work for the city. Ms. Jaime
replied that she had worked with the city for 15 years. Mr. Noyola said he felt Ms. Jaime's track
record with the city should have been considered. He also said it seemed like she shouldn't have
received zero points for a partial response in the technical solution section. He said he was not
comfortable with staff's recommendation at this point.
Ms. Cooper made a motion to amend Item 27 to award the case management services
contract to Ms. Jaime's company instead of Intracorp, and Mr. Chesney seconded the motion. The
motion to amend passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett,
Kelly, Kinnison, and Noyola, voting "Aye"; Scott voting "No". City Secretary Chapa polled the
Council for their votes on the motion as amended as follows:
Minutes - Regular Council Meeting
January 20, 2004 - Page 17
27. MOTION NO. 2004-032
Motion authorizing a two-year contract with two one-year renewal options between the City
of Corpus Christi, Texas, and Ann Jaime/Viola Lopez to provide case management services.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
28.
29.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087
regarding the acquisition and development of site for minor league baseball stadium, with
possible discussion and related action in open session.
Executive session under Texas Government Code Section 551.071 regarding Cause No. 01-
1084-H; Absolute Industries vs. City of Corpus Christi, in the 347t~ District Court, Nueces
County, Texas, with possible discussion and action in open session.
The Council went into executive session.
TheCouncilretumedfromexecutivesession. MayorNealcalledforabriefrecesstopresent
proclamations.
The Council returned from recess. Mayor Neal called for the City Manager's report. City
Manager Noe announced that the public meeting on the proposed South Central Area Development
Plan was taking place this Thursday at 6:00 p.m. in the Bayfi'ont plata Convention Center, Room
203B. He introduced Ms. Barbara Bailey, the new Director of Development Services. Mr. Noe
stated that the following items were scheduled for consideration at next Tuesday's Council meeting:
the first reading of the capital budget, as well as the final recommendations on storm water; the first
reading of the lease document with RSR Sports, Inc. for the baseball stadium; update on Workforce
One; and an update on improvements to Dan Whitworth Park. On the February 10 council meeting
agenda, Mr. Noe said the following items were scheduled for consideration: discussion and
deliberations on Bond 2004; a briefing on Animal Control operations; finish the capital budget;
discussion on the proposed ADA ordinance; and authorizing the bond sale for the stadium project.
Mayor Neal reminded the Council about the evaluation form they had received, and said he
would like them back today so he could put them on the agenda for next week. He asked Mr. Chapa
to put them on the agenda for next week as a closed session.
Mayor Neal called for Council concerns and reports. Mr. Garrett asked about the city's plans
regarding a "dog leg" on Cimarron Boulevard between Airline and Yorktown. Assistant City
Minutes - Regular Council Meeting
January 20, 2004 - Page 18
Manager Ron Massey replied that the "dog leg" needed to be there because of the transmission
mains for CPL in the area. Mr. Noe added that when the city widened that stretch of road, he said
the "dog leg" would be less radical after the city adjusted it, but he said it would always be there.
Mr. Garrett asked for an update on the lack ofwastewater services for residents and business
owners on Leopard Street between Rand Morgan and Clarkwood Road. City Engineer Escobar
replied that the city had issued a contract with Naismith Engineering to design the lift station
upgrade needed to provide the services. He said in the upcoming CIP discussion, this project would
be included on the list of proposed wastewater projects.
Finally, Mr. Garrett commented that a community meeting on the Mustang/Padre Island
Development Plan was taking place today. He said he hoped the groups present would provide
quality recommendations.
Mr. Noyola thanked the city workers who picked up Christmas trees in his neighborhood on
Sunday. He offered his condolences to the family of Ms. Andrea Arraiza, who passed away this
weekend. Mr. Noyola asked staff to revisit the ordinance preventing speed humps on collector
streets. He said there was a safety issue on Carroll Lane and Tiger Lane because of speeding
motorists. City Engineer Escobar said staffwould look at updating the ordinance. City Manager
Noe stated that there were safety risks involved if speed humps were placed on collector streets.
Mr. Scott reported that there were a number of small holes developing on Alameda Street
between Louisiana Parkway and Chamberlain Street near Incarnate Word Academy. He also
reported that there was a pothole at the corner of S.P.I.D. and Weber Road. Mr. Scott said he liked
the new 9:00 a.m. starting time for the Council meetings, but said he was still trying adjust his
schedule accordingly. He apologized for being late. He asked that the Council consider moving the
public comment section of the meeting to 12:15 p.m. or 12:30 p.m. to allow citizens to attend
meetings on their lunch hour.
Mr. Kelly commented that he had also received a citizen complaint this weekend about the
sewer line on Leopard Street that Mr. Garrett had mentioned in his council report. He asked for an
update on the project as soon as possible.
Ms. Cooper complimented the airport staff on how efficient the airport is operating and on
how good the airport looks.
Mr. Colmenero asked for a presentation on the construction in the Gollihar/Home/Ayers
area. City Engineer Escobar responded that the utility relocations in the area were continuing. He
said the contractor had asked to begin work on Home Road. Mr. Eseobar said that staffhas delayed
work on Home Road to allow the utility relocations to take place. He said the city needed to issue
a public notice to those affected about the work. Mr. Colmenero again asked for a presentation on
the work for the Council. Mr. Colmenero also asked for an update on air service for domestic and
other flights.
Minutes - Regular Council Meeting
January 20, 2004 - Page 19
Mayor Neal called for petitions from the audience. Ms. Priscilla G. Leal, 4738 Cheryl, spoke
regarding drainage improvements to the Manshiern/Sunnybrook area. Mr. Roland Garza, 2854
Alvin, spoke in support of the Council's decision regarding the case management services contract
for workers' compensation. He also spoke regarding drainage improvements to the
Manshiem/Sunnybrook area. Mr. Jack Gordy, 4118 Bray, spoke regarding information appearing
in the city's annual report and on the city's implementation of Proposition 13. Mr. Abel Alonzo,
1701 Thames, thanked the Council and those members of the community who had participated in
his Thanksgiving fundraiser. He also said there should be a public discussion on the issues related
to Proposition 13. Mr. Bill Kopecky, 3609 Topeka, spoke regarding a petition drive on Proposition
13, and he asked the Council to place the matter on the agenda next week.
Assistant City Manager Massey introduced Mr. Craig E. Clark, the new Corpus Christi
District Engineer for the Texas Department of Transportation.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 11:35 a.m. on January 20, 2004.
2
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving supply agreements for vehicle and equipment tires and tubes
in accordance with Bid Invitation No. BI-0022-04, with the following companies for the following amounts.
Awards are based on low bid and only bid, for multiple progressive awards, for a total estimated annual
expenditure of $521,566.62. The term of the contracts will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager
or his designee. Funds have been budgeted by Maintenance Services, Aviation, E.M.S. and Fire Department
in FY 03-04.
A to Z Tire and Battery
Corpus Christi, TX
Items: 1.1-1.3, 1.8,1.10,1.13,1.14,1.16-1.18,
4.1, 5.1-5.17, 6.1-6.3, 7.1-7.4, 8.1-8.2, 9.1-9.4,
10.1
$433,149.85
Goodyear Tire & Rubber Co.
Corpus Christi, TX
Items: 1.4-1.7, 1.9, IA1, 1.12, 1.19,
2.1-2.3, 3.1
$88,406.77
Grand Total: $521,566.62
Purpose:
Vehicle and equipment tires are inspected for wear or damage during routine
scheduled maintenance work. Tires, which are damaged or worn beyond
acceptable safety standards, are replaced with new tires. Most City vehicles
operate under extreme conditions and as a result, many tires are replaced due
to damage.
Previous Contract:
The option to extend the current contracts were not exercised due to the
suppliers' inability to maintain contract pricing, requiring new bids to be
received.
Bid lnvitmionlssued:
16
Bids Received:
Pricing Analysis:
Pricing has increased approximately 3% since the last bid of 2001.
Award Basis:
Only Bid-Items 1.17, 2.2, 3.1, 5.1-5.7, 5.9, 5.11, 5.12, 5.14-5.17, 6.1-6.3, 7.1-
7.4, 8.1, 8.2, 9.1-9.4, 10.1. The majority of these items are large truck and
equipment type tires. When compared to the previous bid when competitive
pricing was received for these items, pricing has increased by 4%.
Low Bid Items 1.1-1.14, 1.16, 1.18, 1.19,2.1,2.3, 3.1, 5.6, 5.8, 5.10,5.13
Contracts will be established on a multiple progressive basis with each bidder
to provide the City with backup suppliers for each type of tire bid. The bidder
who submitted the low bid per item is designated primary supplier. If the
primary supplier does not have a particular tire in stock, the City will contact
the supplier that submitted the 2nd lowest bid. The process is utilized to ensure
the City has a readily available source of tires.
Funding:
Mich
Procurement and Ge~
Department
Maintenance Service
Aviation
Fire Department
EMS
leral Services Manager
Account
530100-5110-40180
530100-4610-35005
530100-1020-12050
530100-4680-35100
Total
Amount
$460,187.90
4,222.98
28,577.87
28,577.87
$521,566.62
Item
1.0
1.13
1.14
1.16
1.17
1.18
1.19
2.0
2.1
2.2
2.3
3.0
3.1
4.0
4.1
CITY OF CORPUS CHRISTI Bid Tabulation
PURCHASING DIVISION Bid Invitation No. BW022-04
BUYER: MARIA GARZA Vehicle Equipment Tires & Tubes
Ningfoot
:orpus Christi, TX
Unit Extended
once Price
No Bid
No Bid
No Bid
No Bid
No Bio
No Bid
A to Z Tire & Battery
Goodyear Tire & Rubber Co.
Corpus Christi, TX
Corpus Christi, TX
Unit
Extended
Unit
Extended
Description
qty
Unit
Price
Price
Price
Price
Passenger and Light Truck Tires
Passenger- Radial
P -185/75R x 14, S1, Black
33
ea
2230
$900.90
$30.13
$994.29
P -195/75R x 14, S2, Black
39
ea
31.19
1,216.41
28.30
1 153.70
P -235/75R x 15, S2, Black
228
as
41.82
9,534.96
34_75 7,923.00
57.75
6,352.50
P -235170R x 16, S2, Black 110 ea
53_65
55 9901.50
P -255/70R x 16, S2, Black
50
ea
64.25
3,212.50
57_43
2,871.50
P -215/60R x 16, S2, Black
4
ea
49.00
196.00
45_47
181.88
205/70R x 15, S2, Black
32
ea
38.00
1,216.00
35.76
11 1.32
205175R x 15, S2, Black
40
as
31_50
1,260.00
34.55
1,382.00
38.00
1,520.00
205/70R x 14, S2, Black 40 ea
31.99
1.279.60
205/75R x 14, S2, Black
89
ea
30_00
2 670.00
32.28
2,872.92
38.00
1,292.00
215170R x 14, S2, Black 34 ea
34_53
1,174.0 2
205165R x 15, S2, Black
30
ea
38.00
1,140.00
35_48
1,064.40
Tire Manufacturer:
CMA - Cooper-Kumho
Goodyear
Light Trucks
750 x 16, URange Load D, Tube Type, Highway
20
ea
57.75
11155.00
66.68
1,333.60
Tire Manufacturer:
CMA -Duro
Goodyear
Light Truck - Radial
LT 215/85R x 16, URange Load E, TL HWY
178
ea
69_75
12.415.50
72.14
12,840.92
LT 235/85R x 16, URange Load E, TL HWY
193
as
75_00
14.475.00
79.19
15,283.67
LT 245/70R x 16, URange Load E, TL
75
ea
58_50
4.387.50
No Bid
LT 245/75R x 16, URange Load E, TL
124
ea
77_5069.
10.00
82.80
10,267.20
9.50R x 16.5, 8 Ply, Load D
10
ea
85.00
850.00
79_70
797.00
Tire Manufacturer:
CMA-Cooper-Toyo-Kumho
Goodyear
Police Tires
P- 225/70HR x 15, Black Pursuit Tubeless
58
as
52.00
3,016.00
46_00
2,668.00
P-235/70HR x 15, Black Pursuit Tubeless
10
as
No Bid
57_42
574.20
P-225/60HR x 16, Black Pursuit Tubeless
1,236
ea
52.00
64,272.00
49_50
61.182.00
Tire Manufacturer:
General
Goodyear
Police Tires
P225/60 R16, Goodyear Eagle R -SA Plus VSBRPTL,
165
ea
No Bid
57_99
958.35
''V" rated or P225/60R16, Firestone Firehawk PV41,
Goodyear
'V" rated
Tire Manufacturer:
Commercial Truck Tires
1100 x 20, 14, ply CEA, RAMA Highway
59
as
180.00
10.620.00
No Bid
CMA
Tire Manufacturer:
Ningfoot
:orpus Christi, TX
Unit Extended
once Price
No Bid
No Bid
No Bid
No Bid
No Bio
No Bid
Item
5.0
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
5.17
6.0
6.1
6.2
6.3
7.0
7.1
7.2
7.3
7.4
8.0
8.1
8.2
9.0
9.1
9.2
9.3
9.4
10.0
10.1
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MARIA GARZA
Bid Tabulation
Bid Invitation No. BI -0022-04
Vehicle Equipment Tires & Tubes
Total: $433,149.85 $88,406.77
Grand Total: $521.556.62
Wingfoot
Corpus Christi, TX
Unit
Extended
Price
A to Z Tire & Battery
Goodyear Tire & Rubber Co.
No Bid
Corpus Christi,
TX
Corpus Christi, TX
217.50
77,430.00
Unit
Extended
Unit Extended
Description
City
Unit
Price
Price
Price Price
Radial Truck Tires
825R x 20, L/R F, Mi SVC TRD, HWY LUG,CR
10
as
180.00
1,800.00
No Bid
170.00
2,550.00
900R x 20, UR F, Mi SVC TRD, HWY LUG, CR
15
as
174.00
12.702.00
1000R x 20, L/R G, MXD SRV TRD, HWY LUG, CR
73
as
135.00
4,050.00
225170R x 19.5, Load Range F, tubeless 30 ea
245/70R x 19.5 Load Range F, tubeless
10
ea
176.00
1760.00
245/70R x 19.5. Michelin, Load Range H, tubeless
100
as
265.00
26,500.00
245175R x 22.5, Load Range G, Radial TL HWY
20
ea
166.00 33 320.00
166.00
104.580.00
11 R x 22.5, L/R G, Radial TL, HWY TRD 630 ea
1100R x 20, Radial Tube Type, HWY TR
79
as
212.50 16.787.50
210.00
74.760.00
11R x 24.5, Cut Resistant, SVC UR G, HWY TL
356
ea
230.00
6,900.00
12R x 22.5, Cut Resistant, SVC UR G, HWY TL
30
ea
168.00
20.160.00
10Rx 22.5, Load Range G, Radial TL, HWY TRD
120
as
265.00
55.120.00
315/80R x 22.5, 20 ply, Radial TL, HWY TRD, non-
208
ea
restricted speed rating.
385/65R x 22.5, UR (L), radial TL, all position no
14
ea
325.00
4,550.00
425/65R x 22.5, UR L, TL, HWY TR
14
as
350.00 4,900.00
445/65R x 22 5, UR L, TL. HWY TR
8
ea
400.00
320.00
9R 22.5, UR F, TL, HWY TR
15
as
160.00
2420.00
Tire Manufacturer:
CMA-Kumho-Toyo-Michelin
Loader Tires
17.5 x 25, 12 Ply, Tire TL Loader L-2
10
ea
325.00
3 220.00
No Bid
20.5 x 25, 12 Ply, TL Loader L-2
10
ea
440.00 4,400.0 0
110.00
1,100.00
750 x 15, 12 Ply, Tube Type Compactor (smooth)
10
as
CMA - Carlisle
Tire Manufacturer:
Farm, Tractor Tires
11L x 15, 8 Ply Labor Tubeless
20
as
95_00
11 90.00
No Bid
87_00
11 7120.00
11L x 16, 10 Ply Labor Tubeless 20 ea
16.9 x 24, 6 Ply Tubetype R1
8
ea
250.00
22 00.00
285.00
3,420.00
16.9 x 28, 6 Ply, Tube R4
12
ea
Denman - CMA
Tire Manufactuer:
Light Pick -Up Tubes
750 x 16, Long Stem Tube
25
ea
8.75
218.75
No Bid
11 L x 16, Long Stem Tube
20
ea
9.75
195.00
Tire Manufacturer:
Doberman - CMA
- Cadisle
Truck Tubes
825R x 20, Truck Tube
10
as
10.50
105.00
900R x 20, Truck Tube
10
ea
10.50
105.00
1000R x 20, Truck Tube
60
ea
11.50
690.00
1100R x 20, Truck Tube
44
ea
19.50
858.00
Tire Manufacturer:
Doberman - CMA
- Cadisle
Miscellaneous Tubes
17.5 x 25, Tubes vdth stem
16
as
38_00
608.00
No Bid
Tire Manufacturer:
Doberman - CMA
- Carlisle
Total: $433,149.85 $88,406.77
Grand Total: $521.556.62
Wingfoot
Corpus Christi, TX
Unit
Extended
Price
Price
No Bid
171.14
107,818.20
No Bid
217.50
77,430.00
No Bid
278.50
57.928.00
No Bid
Goodyear
No Bid
No Bid
No Bid
No Bid
No Bid
3
AGENDA MEMORANDA
RECOMMENDATION: Motion approving a supply agreement with Envirosolve, Tulsa Oklahoma for
the Collection, Transportation and Disposal of ltousehold Hazardous Waste, in accordance with Request
for Proposal No BI-0013-04 for an estimated three year expenditure of $333,058. The term of the
contract will be for three years, subject to annual appropriations, with an option to extend the contract for
up to two additional twelve month periods, subject to thc approval of the supplier and the City Manager or
his designee. Funds have been budgeted by the Storm Water Department in FY03-04.
BACKGROUND:
Purpose:
The Household Hazardous Waste (HHW) program was established in 1993.
Since that time, the program has evolved into a major collection event where
household hazardous materials are brought to the landfill throughout the
year, categorized, packaged, transported and disposed of in accordance with
all federal and state regulatory guidelines and reporting requirements. The
events are staged four times a year with the contractor responsible for
furnishing all equipment, material and labor to satisfactorily dispose of the
material. Items historically disposed of include batteries, paints, aerosols,
gas cylinders, pesticides, chemicals, oils, light bulbs and other hazardous
materials.
RFP's Issued:
Forty-six
RFP's Received:
Three
Award Basis:
Best Value
The evaluation team, comprised of team members from Storm Water, Solid
Waste and Purchasing, developed a matrix of the evaluation criteria. The
evaluation criteria components set forth in the proposal included: (1) Risk
25%, (2) Strategic Need 20%, (3) Technical Solution 15%, and (4) Cost
40%. The evaluation team reviewed each RFP Proposal response and
completed the evaluation matrix. The resulting matrix prioritized each
vendor based on the point value assigned for each criterion component in
the evaluation matrix. Vendor rankings based on this scoring method are
shown in the attached evaluation matrix.
As a result of the evaluation, the team has selected Envirosolve as the best
valued supplier for this opportunity. Envirosolve received the highest
rankings on all criteria and is the lowest cost provider. The contract
provides for multi year service and includes pricing for Neighborhood
Collection Centers in the event the City initiates a complimentary approach
to the current HHW collection program.
Funding:
Storm Water
530000-4010-32020 FY03-04 (2 events)
$55,509.50
The ongoing contract is contingent upon all future budget appropriations.
Funds in the amount of $111,019 will be requested annually to support this
contract.
Procurement and Gene
al Services Manager
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
HOUSEHOLD HAZARDOUS WASTE
Envirosolve CleanHarbors ONYX Environmental
Tulsa, Ok La Porte, Tx Ba)ftown, Tx
Maximum Points Points Points
Evaluation Criteria Points Awarded Awarded Awarded
Risk 25 points 24 23.5 22.25
Strategic Need 20 points 20 20 20
Technical Solution 15 points 14.7S 10.5 11
Cost 40 points 40 25 22
SCORE 98.8 79.0 75.3
Annual Cost $111,019 $171,718 $186,100
Three Year Total 333,057 515,154 558,300
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
HOUSEHOLD HAZARDOUS WASTE
Envirosolve CleanHarbors ONYX Environmental
Tulsa, Ok La Porte, Tx Baytown, Tx
Maximum Points Points Points
Evaluation Criteria Points Awarded Awarded Awarded
Risk 25 points 24 23.5 22.25
Strategic Need 20 points 20 20 20
Technical Solution 15 points 14.75 10.5 11
Cost 40 points 40 25 22
SCORE 98.8 79.0 75.3
Annual Cost $t11,01g $171,718 $186,100
Three Year Total 333,057 515,154 558,300
4
AGENDA MEMORANDUM
January 27, 2004
SUBJECT: Garcia Ads Center Area Street Improvements, Project 6134
Acquisition of Pamel 3
AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Real
Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the amount of
$20,000 plus $1,000 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance in connection with a replacement dwelling, all for the purchase of fee
simple property rights for Parcel 3, being all of Lots 10 and 11, Block 4, H.E. Luter
Partition, with street address of 422 Eighteenth Street, necessary for the Garcia Arts
Center Area Street Improvements, Phase 2, Project #6134.
ISSUE: This project was approved in FY2000 and FY2001 and funded by Community
Development Block Grant (CDBG) Funds. The objective of the project is for the
reconstruction and widening of 17th, 18th, and Marguerite Streets within the area of the
Garcia Arts Education Center facility located at 2021 Agnes Street. Full acquisition of
eleven parcels of land along these streets are needed in order to construct the proposed
improvements. Five of the parcels require displacement of landowners. Land Acquisition
staff has concluded negotiations for Parcel 3 and have obtained a signed Real Estate
Sales Contract from Mr. and Mrs. Lopez in the amount of $20,000. These ownem will be
displaced and are eligible for relocation benef'~s not to exceed $22,500. The total cost will
exceed the $25,000 contract limit and City Council approval is required.
REQUIRED COUNCIL ACTION: Contracts with total expenditures exceeding $25,000
require City Council approval.
FUNDS: Funding available in the FY 2000-2001 CDBG Budget.
RECOMMENDATION: Approval of the motion as presented.
Jonathan W~ner
Acting Director of Neighborhood Services
~/~n{)el R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Parcel Map
Exhibit C Contract Summary
H:\HOME\EUSEBIOG\GEN~Agenda Items\Garda Arts. MartinezV~genda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134
Acquisition of Parcel 3
PRIOR COUNCIL ACTION:
1. May 9, 2000 - Approval of the FY 2000-2001 Community Development Block Grant
(CDBG) Program (Resolution No. 024036).
2. 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.
3. 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.
4. January 10, 2001 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
5. March 23, 2001 - Letter of Notification 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.
6. September 18, 2001 - Motion authorizing the City Manager or his designee to
execute a consultant contract with HDR Engineering for a total fee not to exceed
$59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1
and 2. (Motion No. 2001-359)
7. January 13, 2004 - Motion authorizing the City Manager of his designee to execute
a Real Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the
amount of $20,000 plus $1,000 in closing costs and an additional amount not to
exceed $22,500 for relocation assistance for Parcel 3 in connection with the Garcia
Arts Center Area Street Improvements, Phase 2. (Motion No. 2004-0009)
FUTURE COUNCIL ACTION: Council will be required to:
authorize the award of future construction contracts and amendments; and
authorize the approval of any other parcels in the project where acquisition cost
exceeds $25,000
PROJECT BACKGROUND:
The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021
Agnes Street. Area street sections of 17~ Street, 18~ Street, and Marguerite Street around
the Garcia Arts Education Center are characterized with narrow pavement widths and road-
side ditches that were constructed many years ago. Phase 2 of the project provides for the
design and right-of-way acquisition required for local street improvements on 18th Street
Exhibit A
between Agnes Street and Mary Street, Marguerite Street between 17th Street and 18~h
Street including curb, gutter, sidewalks, driveways, underground storm sewers, and utility
adjustments/relocations.
Eleven parcels of land have been identified by the project consultant, HDR Engineering, as
being required for construction of the planned improvements. A public meeting was held on
July 24, 2003 in which residents of the area met at the Garcia Arts Center to hear a
presentation by City staff regarding the project.
Land Acquisition staff has obtained appraisals for each parcel from Pamela K. Teel and
Marion F. Curington, ASA, both independent appraisers. Offers were then made to each
landowner based on these appraisals. Negotiations have concluded with the owners of
Parcel 3 for the purchase of their property, which consists of two residential lots and a frame
house. A purchase price of $20,000 has been agreed upon based on the high appraisal.
The owners also eligible for relocation benefits as described below. Their property, shown
on Exhibit C, is the third of eleven parcels to be acquired. This contract will be escrowed
at First American Title Company.
Relocation Benefits: On November 28, 1983, the City Council approved Resolution No.
11809 which adopted the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970. This resolution establishes the policy for relocation of homeowners,
tenants and businesses, which are displaced as a result of a City project. Persons
occupying the subject property a minimum of 90 days prior to the initial offer qualify for
assistance.
Monetary limits for relocation assistance are set by federal guidelines. A maximum of
$22,500 is available for homeowners, $20,000 for businesses and $5,250 for tenants which
would cover moving expenses and purchase assistance for replacement housing. For
moving expenses, the displaced person would choose between a self-move and one
provided by an independent moving company.
Purchase assistance, as required by the Relocation Act, involve payment of a purchase
price differential, mortgage interest differential, and incidental expenses involved in a
replacement home. The purchase pdce differential is the difference between the sales price
of the home and the cost of a comparable replacement home. The mortgage interest
differential is the amount needed to cover increased mortgage costs due to a higher interest
rate and other debt service costs. The incidental expenses reimbursement would cover
those extra costs involved in purchasing replacement housing such as closing costs,
inspection, appraisal, and loan costs.
Exhibit A
\ Mproject \ councilexhibits \ exh6134, dwg
LOCATION MAP N
NOT TO SCALE
GARCZA ARTS CENTER STREET ZMPROVEIdENTS
PHASE 2 '03s PARCEL #3 JESUS & BLANCA LOPEZ
CITY OF CORPUS CHRISTI, TEXAS
C_TTY COUNC_rL EXHIB_rT ~
DEPARTMENT OF ENGINEERING SEI~CES
PAGE: 1 of 1 ~ ~
DATE: 01~14/2004 ~
CONTRACT SUMMARY
Garcia Arts Center Area Street Improvements, Project # 6134
Parcel 3
This Contract is entered into by Jesus A. Lopez and wife, Blanca Lopez, of 1422 Eighteenth St.,
Corpus Christi, Nueces County, Texas 78405, "SELLER", and the City of Corpus Christi, a Texas
home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-
9277, "BUYER".
Terms:
1.
Seller for the consideration and under the terms set out in the contract, agrees to convey
to Buyer the following described property: HELuter Partition, Block 4, Lots 10 and 11.
Purchase Price - $20,000.
Seller to provide title insurance at Buyer's expense.
4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed.
All taxes to be paid by Seller, up to and including 2003. Taxes for 2004 will be prorated
between Buyer and Seller.
Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep
as liquidated damages should Buyer fail to consummate contract as specified, or Seller
may seek to enforce specific performance of contract.
Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and
zoning and regulatory ordinances.
Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has read the agreement, and it is not binding until approved by
the City Council and signed by the City Manager within 60 days of the contract date.
The contract will survive the closing of the sale and delivery of the General Warranty Deed
and other conveyance documents.
10. Acquisition is under the threat of eminent domain proceedings.
11.
Upon execution of the contract by all parties, construction may commence on the
premises.
12. Time is of the essence in closing this transaction.
\\CLSTRI_USERS2_SERVER\USERS2~HOME\EUSEBIOG\GENV~genda Items\Garcia Ads. Lopez\Contract Summary.doc
Exhibit C
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 27, 2004
AGENDA ITEM: Resolution supporting a fair share for Federal highways in Texas.
ISSUE: At a briefing by Texas Transportation Commissioner Robert Nichols on January
20, 2004, Commissioner Nichols gave a talk on the reauthorization bill for transportation
and the need for Texas to receive 95 cents back on every dollar we contribute to the
Federal Government for transportation funding. Commissioner Nichols requested all cities
and counties in the area to adopt a resolution supporting the 95-cent initiative.
The future of Interstate 69 is a project of local important this is tied to Federal funding.
Commissioner Nichols elaborated on this point. With the current Federal Transportation
funding being debated in Washington, it is important to communicate our position to our
Congressional delegation.
REQUIRED COUNCIL ACTION: Approval of Resolution.
PREVIOUS COUNCIL ACTION: None.
FUNDING: None.
CONCLUSION: Staff recommends approval of the Resolution.
~f~,o~ld F. Massey
Assistant City Manager
RESOLUTION
SUPPORTING A FAIR SHARE FOR FEDERAL HIGHWAYS IN TEXAS.
WHEREAS, Federal legislation authorizing the Highway Program expires February 29,
2004;
WHEREAS, since the inception of the Federal Highway Program in 1956, Texas has
given more than $5 billion to other states in the Federal Highway Program, as one of the
"donor" states which sends in more revenue than it receives in return from the Federal
Highway Administration;
WHEREAS, despite strong past efforts by former Senators Bentsen and Gramm to
rectify this inequity, Texas most recently has received about 88 cents on the dollar in
rate of return numbers;
WHEREAS, the effort to upgrade Texas' return this year is led by Majority Leader Tom
DeLay, who has filed H.R. 2208, the Highway Funding Equity Act of 2003, ensuring a
95% return on trust fund contributions;
WHEREAS, if Texas would have enjoyed this 95% return since the enactment of the
last highway bill in 1998, our state would have received nearly $1.2 billion more to
invest in the Texas Highway Program;
WHEREAS, our dependence on the federal-aid portion of the Highway Program has
grown significantly since 2003, this is the first time since 1991 that the Texas
Legislature has provided a meaningful increase in state highway funds;
WHEREAS, the 95% return would allow increased funding for two important projects for
the South Texas region (1) 1-69, (2) Gulf Coast Strategic Highway System;
WHEREAS, the City of Corpus Christi supports direct funding for 1-69 right-of-way
funding acquisition and construction in the Federal reauthorization legislation;
WHEREAS, the City of Corpus Christi is grateful to the members of the Texas
delegation who have supported H.R. 2208; and
WHEREAS, the City of Corpus Christi is hopeful that 100 pement of the Texas
Congressional delegation will be co*sponsors;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION '1. The City of Corpus Christi fully supports HR. 2208, and encourages all
members of the Texas Congressional delegation to co-sponsor the bill and work for its
enactment.
R43002A1 .doc
2
SECTION 2. The Mayor is directed to forward a copy of this resolution to Senator
Hutchinson, Senator Cornyn, and Representative Ortiz and to the Texas Good
Roads/Transportation Association.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 21st day of January, 2004.
Samuel L. Neal, Jr.
Mayor
R43002A1 .doc
Corpus Christi, Texas
__ day of ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Rex A. Kinnison
Bill Kelly
Jessie Noyola
Mark Scott
3
R43002A1 .doc
6
NO ATTACHMENT FOR THIS ITEM
7
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
I
AGENDA ITEM: Presentation of park improvement plan for Dan Whitworth Park.
STAFF PRESENTER(S):
Name
1. David Ondrlas
Title/Position
Acting Director
Department
Park and Rec.
OUTSIDE PRESENTER(S):
Name
1. Chuck Anastos
2. Marl Whitworth
Title/Position
Architect
Spouse of Honoree
OrRanlzation
ClflzenNolunteer
Professional
ISSUE: A park improvement plan is presented for Dan VVhitworth Park (formerly
Meadowbrook Park).
BACKGROUND: Council voted to approve the renaming of Meadowbrook Park to
Dan Whitworth Park on December 16, 2003. Since that time, a group of volunteers
working with staff have developed a park improvement plan.
REQUIRED COUNCIL ACTION: None
Additional Background []
Exhibits []
.~David Ondrlas, Acting DirectOr
8
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on the City/County Jail contract negotiations.
STAFF PRESENTER(S):
Name
Title/Position
Department
1. P. Alvarez, Jr.
2. Judge R. Tamez
3.
Chief of Police
Presiding Municipal Court Judge
Police
Municipal Court
OUTSIDE PRESENTER(S):
Name
TitlelPosition
Organization
ISSUE: The Nueces County Commissioners Court terminated the City-County jail
contract on August 13, 2003, one week after requesting a review of costs associated
with the contract.
BACKGROUND: A cost review committee has been meeting since October to
negotiate a new contract. With the contract expiring on September 12, 2004, the City
must be prepared to deal with prisoners if an agreement cannot be reached.
P. Alvarez,-_~.
Chief of Police
Additional Background
Exhibits
Jail Contractual Issues
History
• Jail consolidation began September 17, 1991.
• Provided for booking of City Class C prisoners,
average 12,000 prisoners per year
— in 2003, a total of 5,149 Class C prisoners were booked
• $275,000 annual cost payable by October 1
• City staffs Intake Identification Unit
• Contract provides for a review of cost by a
committee of City and County representatives.
2
Timeline
• August 7 — Judge T. Shamsie sent letter to
City Manager requesting a committee be
appointed to conduct a review of cost.
• August 13 — Laura Jiminez sent letter to
City Manager giving one-year notice of
termination of the contract, effective
September 12, 2004.
C
Cost Review Committee
• Pursuant to the contract, the committee was
established to review costs. Consists of 3
City employees and 6 County employees.
• The committee met on October 30,
November 6, November 20.
• City Manager and staff met with committee
on January 15
S
Negotiations/Proposals
• County requested $2,000,000 with an
annual increase based on the CPI.
County assumes the management of the Intake
Identification Section and all duties and
responsibilities.
• City countered with current annual figure of
$275,000 with an annual increase based on
the CPI.
5
Negotiations/Proposals
• January 15 — City Manager counter
proposal to committee
$393,000 adding the Consumer Price Index
since 1991 to the original contract $275,000.
City would consider the County assuming
management of the Intake ID employees
provided the level of benefits and quality of
Identification work remain the same.
0
Existing Agreement
• Annual contractual obligation = $27500
• Operate the Intake Identification Unit:
responsible for photographing, fingerprinting,
and verifying identification of all prisoners for
all agencies. 13 employees.
Annual cost
_ $509,151
• Provide a part-time magistrate for weekend
processing. Annual cost = $ 13,134
• Total annual obligation
_ $797,285
Sheriffs Legal Obligations
• The County Commissioner's Court is
charged with the legal duty to provide a safe
and suitable jail for the county, and the
sheriff is the keeper of the jail. The sheriff
has the legal duty to confine all prisoners
and pay for their maintenance and
housing—'committed to the jail by a lawful
authority in the county.
Sheriffs Legal Obligations
• An arresting agency is responsible for those
people it arrests until they have been seen
by a magistrate and ordered committed.
Once the order of commitment is signed,
the responsibility for that prisoner
immediately devolves upon the sheriff and
the county.
9
Recommendations/Proposals
• Establish a central magistration center
To allow for the timely magistration of
prisoners arrested by the Corpus Christi Police
Department.
• Establish a temporary detention facility
— To hold people arrested by City law
enforcement officers and provide for their
magistration and order for commitment by City
magistrates.
10
r sa
Recommendations/P opols
• The intent is not to create a new City Jail,
but to establish a facility limited in scope
and duration to holding detainees for a
maximum of 12 hours, until they can be
timely magistrated.
• Responsibility for the prisoners then
immediately shifts to the Sheriff, and the
prisoners will be transported to the County
Jail for confinement.
11
Detention Facility
• Location — Police Department 1St floor
• Relocation of Property Room
• Renovation/Construction of vacated area
• Detention Personnel - 2 positions per shift for 24/7
requires 9 employees (4.5 FTE per position)
• Supervisor — 1 Police Lieutenant
• Total cost
— Recurring = $433,540
— One Time = $5431000
_ $976,540
12
Central Magistrating Center
• Location: Police Department Detention Facility
• 24/7
• 5 full time judges
Part time judges for weekends
• Additional staff for paperwork
• Video link and fax for judges after hours
Total cost = $406,414
— Recurring= $381,589
— One Time = 2025
13
Total cost
• Year One
• Year Two
• FY 03/04 budget
• Year 1 additional funds
• Year 2 additional funds
$1,821,389
$1,253,564
$ 797,285
$1, 0241104
$ 456,279
14
Implementation Timeline — III I
Construction Schedule
• January 22, 2004
• February 6, 2004
• February 11, 2004
• March 1011 2004
• March 15, 221 2004
• March 31, 2004
• April 7, 2004
• May 3, 2004
• August 31, 2004
Begin Design Phase
60% Submittal
City Review
Final Submittal
Advertise for Bids
Pre -Bid Conference
Receive Bids
Begin Construction
Construction Completion
15
Implementation Timeline
• Hiring personnel — process to begin by
May 1 for:
• Judges
• Detention personnel
16
Questions
17
9
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Downtown Drainage Project Presentation
STAFF PRESENTER(S):
Name
Title/Position
Department
1. 'Angel R. Escobar, P.E.
2.
3.
Director
Engineering Svcs.
OUTSIDE PRESENTER(S):
Name
Title/Position
Or.qanization
1. Larry Urban, P.E. Principal
2.
Urban Engineering
ISSUE: The Downtown and Port area of the City of Corpus Christi has experienced
problems in the past with flooding during heavy rainfall. Floodwater has been known
to rise above the curbs and enter the buildings in the areas in and around Water St.
This project provides improvements to address this flooding problem.
REQUIRED COUNCIL ACTION: None
!
nt Head Signature)
10
CITY COUNCIL
AGENDA MEMORANDUM
January 27, 2004
AGENDA ITEMS:
(a) Review of Proposed FY 2004 Storm Water Supplementary Project Budgets
(b) Ordinance approving the FY 2004 Capital Budget in the amount of $173,624,300
ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City
Charter, requires the development of a capital improvement program and annual
capital budget. The City Council is required to approve the Plan and Capital Budget
annually. At the recommendation of Staff, the City Council agreed to defer approval
of the FY 2004 Capital Budget until a comprehensive cost analysis of recommended
storm water projects was completed by outside consultants. The cost analysis has
been completed and a summary is included for City Council review by separate
cover (Storm Water ClP Recommended Project List).
BACKGROUND:
The City Council received an introduction to the Proposed FY 2004 Capital Budget and
Capital Improvement Planning Guide on November 18, 2003. The Council had preliminary
discussions on the FY2004 Capital Budget and agreed to resume discussions upon
completion of further storm water project analysis. A public hearing to receive citizen input
was also held on November 18, 2003. The Proposed FY 2004 Capital Budget includes $35
million dollars to be allocated to candidate storm water improvement projects as detailed in
Exhibit B. A total of $55 million dollars over a five year period has been earmarked for
storm water projects. As anticipated, the cost for candidate projects exceeds available
resources. Consequently, Staff has prioritized recommendations in the Exhibit B. The
priorities are based on criteria such as mandates, potential for property damage, safety
hazards, health and vector concerns and increased system capacity. (Exhibit A)
REQUIRED COUNCIL ACTION:
(a) Approval of storm water candidate projects
(b) Approval of 1st Reading of FY2004 Capital Budget Ordinance
FUTURE COUNCIL ACTION:
2ND Reading of FY 2004 Capital Budget Ordinance
Bond 2004 Discussion
/¢~n~el R. Escobar, P.E. ~
· Director of Engineering Services
Marlo Tapia
Acting Director of Management and Budget
Attachments:
Ordinance
Exhibit A - Criteria Ranking for Project PdoritizatJon
Exhibit B - Storm Water Supplementary Budget
Exhibit C - Project Location Map
BACKGROUNDINFORMATION
The Proposed FY 2004 Capital Budget totals $173,624,300 and is categorized in the
following summary:
Airport $36,854,100
Park and Recreation 630,600
Public Facilities 21,980,000
Public Health & Safety 27,465,700
Streets .8,137,400
Gas 1,608,500
Storm Water 35,050,000
Wastewater 20,247,000
Water 15,280,000
Water Supply $6,371,000
TOTAL $173,624,300
Utilities' Capital Projects
The City Council approved a 6% rate effective August 1,2003, to fund $35 million dollars
in storm water projects in the Proposed FY 2004 Capital Budget. This is in addition to the
$5 million authorized in FY2003 a~d an additional $15 million proposed for FY 2005 thru
2007. This allocation of funds totals $55 million over a 5 year period and is reflected in the
Staff recommendation for storm water candidate projects.
The 6% rate increase also funds the capital projects in the other utilities as detailed in the
above summary.
General Obli.qation Proiects
Proposed FY 2004 expenditures reflect anticipated expenditures for projects approved and
funded in the Bond 2000 Program and dedicated sales tax issues. Funding for proposed
long-range general obligation projects such as streets, parks, libraries and other public
facilities must be provided for by future bond issues.
Page 1 of 2
ORDINANCE
APPROVING THE FY 2003-04 CAPITAL BUDGET IN THE AMOUNT OF
$173,624,300
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the 2003-04 Capital Budget in the amount of $173,624,300 is
approved. A copy of the 2003-04 Capital Budget is on file in the Office of the City
Secretary..
H:\LEG-DIR\Lisa\ORD 3\Dec 9 capital budget.doc
Page 2 of 2
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melocy Cooper
Henr,j Garrett
That the foregoing ordinance was read for the first time and passed to its second
readirg on this the day of 2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the ___ day of
Samuel L. Neal, Jr.
Brent Chesney
Javie~ D. Colmenero
Melocy Cooper
Henr~ Garrett
PAS~ED AND APPROVED, this the
ATTEST:
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
.,2003.
Arma ldo Chapa
City Secretary
APPF:OVED: ']~L.
Lisa/~guilar (...)
Assist:ant City Attorney
for Ci'¥ Attorney
Samuel L. Neal, Jr.
Mayor
,2003
H:\LEG-DIR\Lisa\ORD3\Dec 9 capital budget.doc
11
AGENDA MEMORANDUM
DATE: January 27, 2004
SUBJECT: North Side/Port Infrastructure Improvements (Project No. 8468)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
consultant contract for engineering services with MEI Govind, Inc. of Corpus Christi, Texas
in the amount of $351,021 for North Side/Port Area Infrastructure Improvements Project.
ISSUE: This project is necessary to provide design services for infrastructure
improvements necessary to support the North Side/Port development.
.FUNDING: Funding is available from the FY 2002-2003 Wastewater, Water and Storm
Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell
Director of Wastewater Department
Ed[Jardo Galatia ~
Director of Water Services
/~g~l R. Escobar, P.E., t , ,
Director of En lineering Services
I~tor of Sto~
~ater Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit "B" Contract Summary
Exhibit"C" Location Map
H:IHOME~KEVINS~GE N~aseball\OffSit eln frast ruclur e~AG EN DA MEMO doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: North Side/Port Infrastructure Improvements (Project No. 8468)
PRIOR COUNCIL ACTION:
1. October 24, 2003 - Motion authorizing the City Manager, or his designee, to execute an
amhitectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc.
of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003-370).
2. October 24, 2003 - Motion authorizing the City Manager, or his designee, to execute a
project management services contract in an amount not to exceed $475,175.00 with
Anderson Group Construction Management, Inc. of Corpus Christi for the Professional
Minor League Baseball Stadium (M2003-371)
3. October 28, 2003 - 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 (M2003-389).
4. November 11,2003 - Motion authorizing the City Manager, or his designee, to execute
a demolition contract with Cherry Demolition Company, of Houston, Texas, in an
amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for
Stadium Construction subject to approval of an agreement with the Port of Corpus
Christi Authority to purchase the property.
5. December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract in an amount not to exceed $32,500.00 with Wilbur
Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for
the Professional Minor League Baseball Stadium (M2003-434)
6. December 16,2003 - Motion authorizing the City Manger to execute a binding
agreement with RSR Sports, Inc. relating to the location and operation of a minor
league baseball team in the City.
PRIOR ADMINISTRATIVE ACTION:
1. October 10, 2003 - Distribution of Request For Proposals (RFP) No. 2003-06
(Professional Minor League Baseball Stadium Project) to 3 local contractors and 6
out of town contractors for Construction Manager at Risk.
2. November 12, 2003- Addendum No. 1 to the For Proposals (RFP) No. 2003-06
(Professional Minor League Baseball Stadium Project) to 3 local contractors and 6
out of town contractors for Construction Manager at Risk.
H:tHOME\KEVINS\GEN~4~SEBALLIOFFSITEINFRASTRUCTURE~,EBKGEXHA DOC
EXHIBIT A
Page 1 of 3
FUTURE COUNCIL ACTION: Approval of:
· Lease Agreement with RSR, Inc.,
· Construction Manager at Risk Contract,
· Guaranteed Maximum Price contract with CM at Risk,
· Construction Materials Testing Contract and,
· any amendments or change orders necessary to complete the project as required
PROJECT BACKGROUND: On Tuesday, November 5, 2002, city voters approved the
implementation of a 4A sales and use tax, a portion of which was to be used for
construction of a Professional Minor League Baseball Stadium in the Port of Corpus Christi
area. 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).
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 for V.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.
PROJECT DESCRIPTION: This project shall consist of Baseball Stadium Off-site
Improvements necessary to improve traffic and utility infrastructure to support the proposed
Minor League Baseball Stadium. Proposed work will consist of:
Proposed street work will include reconstruction or repair of the following streets:
· North Tancahua from East Port Avenue to Power Street. This work will include a
40' back to back roadway with new sidewalks and curb & gutter.
· East Port Avenue from Sam Rankin to US 181 ROW will include repair to existing
street, new sidewalks in front of the baseball stadium area and installation
associated street lighting and traffic signals.
· East Port Avenue from US 181 ROW to Mesquite will include new 55' back to back
roadway, sidewalks and curb and gutter.
Proposed water utility work will include:
· A new 16" water line on East Port from Sam Rankin to Chaparral will be installed.
The hydrants along East Port Avenue will be replaced.
· A new 12" main on U. S. 181 from East Port Avenue to Harbor Drive will be
installed.
· A new 12" line along on North Tancahua from East Port Avenue to Power Street
will be installed.
Proposed wastewater work will include:
· A new 36" sanitary sewer line on Power Street from Mesquite Street to North
Tancahua will be installed and intercept the existing 24" gravity line from the
downtown area.
· A new 36" sanitary sewer line on North Tancahua from Power Street to Resaca
Street will be installed.
IEXHIBIT A
Page 2 of 3
H:~HOMEkKEVINS~GENt~ASEBALL\OFFS~TEINFRASTRUCTURE~EBKGEXHA DOC
· A new 42" sanitary sewer line on Resaca Street from the intersection of North
Tancahua and Resaca Street to a manhole just outside the existing Broadway
Wastewater Treatment Plant.
· A new 24" sanitary sewer line on North Tancahua from Resaca to approximately
330-feet north.
· A new 18" sanitary sewer line on North Tancahua from East Port Avenue to
approximately a point what would be the intersection if Hughes Street was extended
to North Tancahua
· A new 18" sanitary sewer line on Hughes Street projection from the intersection of
Mesquite and Hughes Street to a manhole on North Tancahua.
· A new 15" sanitary sewer line parallel to East Port Avenue from North Tancahua to
east of the proposed Baseball Stadium access road.
Proposed storm water work will include:
· A new 18" storm water drainage line on East Port Avenue from North Tancahua to
US 181 ROW will be constructed including curb inlets of the intersection of North
Tancahua and East Port Avenue.
· A new 18" storm water drainage line on US 181 ROW from East Port to Wilburn,
intersecting with an existing 18" outfall line will be constructed.
· A new 24" storm water drainage line on North Tancahua from Brewster to the storm
drainage outfall structure south of the railroad will be constructed including curb
inlets at the intersection of Brewster and North Tancahua.
· A new 24" storm water drainage line on North Tancahua from Resaca to the storm
drainage outfall structure south of the railroad will be constructed including curb
inlets at the intersection of North Tancahua and Resaca.
· Construction and concrete lining of the existing drainage ditch from North
Tancahua to Salt Flats ditch.
· Minor drainage improvements will be done at the intersection of Sam Rankin and
East Port Avenue intersection.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
H:\HOME~KEVINS\GEN~ASEBALL~OFFSITEtNFRASTRUCTUREV~EBKGEXHA DOC
EXHIBIT A I
Page 3 of 3
CONTRACT SUMMARY
BASEBALL STADIUM OFF-SITE INFRASTRUCTURE IMPROVEMENTS
SCOPE OF PROJECT:
This project shall consist of Baseball Stadium Off-site Improvements necessary to
~mprove traffic and utility infrastructure to support the proposed Minor League Baseball
Stadium.
Proposed street work will include reconstruction or repair of the following streets:
· North Tancahua from East Port Avenue to Power Street. This work will include a
40' back to back roadway with new sidewalks and curb & gutter.
· East Port Avenue from Sam Rankin to US 181 ROW will include repair to existing
street, new sidewalks in front of the baseball stadium area and installation
associated street lighting and traffic signals.
· East Port Avenue from US 181 ROW to Mesquite will include new 55' back to back
roadway, sidewalks and curb and gutter.
Proposed water utility work will include:
· A new 16" water line on East Port from Sam Rankin to Chaparral will be installed.
The hydrants along East Port Avenue will be replaced.
· A new 12" main on North Tancahua from East Port Avenue to Harbor Drive will be
installed.
· A new 12" line on North Tancahua from East Port Avenue to Brewster Street will be
installed.
Proposed wastewater work will include:
· A new 36" sanitary sewer line on Power Street from Mesquite Street to North
Tancahua will be installed and intemept the existing 24" gravity line from the
downtown area.
· A new 36" sanitary sewer line on North Tancahua from Power Street to Resaca
Street will be installed.
· A new 42" sanitary sewer line on Resaca Street from the intersection of North
Tancahua and Resaca Street to a manhole just outside the existing Broadway
Wastewater Treatment Plant.
· A new 24" sanitary sewer line on North Tancahua from Resaca to approximately
330-feet north.
· A new 18" sanitary sewer line on North Tancahua from East Port Avenue to
Hughes Street projected
· A new 18" sanitary sewer line on Hughes Street projection from the intersection of
Mesquite and Hughes Street to a manhole on North Tancahua.
· A new 15" sanitary sewer line parallel to East Port Avenue from North Tancahua to
the proposed Baseball Stadium access road.
EXHIBIT "B" I
Page 1 of 3
1. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design and survey services
necessary to prepare plans, Construction Bid and Contract Documents, as described in
EXHIBIT A. In addition, NE will provide monthly status updates (project progress or
delays, gantt charts (as requested) presented with monthly invoices) and provide contract
administration services, as described in EXhibit A and A-l, to complete the Project.
2. SCHEDULE
PROPOSED PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday January 21,2004 Begin Preliminary Phase,
Thursday February 26, 2004 Submit Draft Eng. Letter Report
Monday March 8, 2004 Acceptance of Eng. Letter Report
Monday January 19, 2004 Begin Design Phase
Friday February 27, 2004 60% Submittal
Friday Mamh 5, 2004 City Review Comments
Friday March 12, 2004 100% Submittal
Tuesday March 16~ 2004 City Review
Friday March 19, 2004 Final Submittal
Monday (2) March 22 and 29, 2004 Advertise for Bids
Tuesday March 30, 2004 Pre-Bid Conference
Wednesday April 7, 2004 Receive Bids
Monday May 3, 2004 Begin Construction
Weekday March, 2005 Construction Completion
FEES
A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, NE will submit monthly
statements for basic services rendered. In Section I.A. 1-3, the statement will be
based upon NE's estimate (and City concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
I EXHIB~
Page 2 of 3
contract. City will make prompt monthly payments in response to A/E's monthly
statements.
B. Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
NE a not-to-exceed fee as per the table below:
C. Summary of Fees
Fee for Basic Services
Street Sanitary Water Storm Totals
Sewer Water
1. Preliminary Phase $3,873 $20,101 $7,780 $30,158 $61,912.00
2. Design Phase $17,424 $75,625 $64,925 $73,910 $231,884.00
3. Bid Phase 0 $830 $460 $460 $1,750.00
4. Construction Phase $845 $3,616 $2,256 $2,158 $8,875.00
Subtotal Basic Services Fees $22,142 $100,172 $75,421 $106,686 $304,421.00
Fee for Additional Services (Allowance)
1. Topographic Survey $2,663 $10,312 $6,212 $7,207 $ 26,394.00
2. Permit Preparations (as 0 $6,756 $1,972 $3,798 $12,526.00
applicable), Texas Dept. of
License & Regulation, TCEQ,
Railroad, Port of CC, TxDOT
3. Construction Phase 0 $4,147 $1,229 $2,304 $7,680.00
Inspection
Sub-Total Additional Services $2,663 $21,215 $9,413 $13,309 $44,233.00
Fees Authorized
Total Authorized Fee $24,805 $121,387 $84,834 $119,995 $351,021.00
EXHIBIT "B" I
Page 3 of 3
N
SALT F~ATS ~/~
DITCH ~
$1T£
STREET, STORM
SHIP CHANNEL
GULF COMPRESS
TO BE DEMOLISHED
UNDER SEPARATE
CONTRACT
SffE "A2"
STREET, STORM
SITE "Al'
STREET', WATER,
SI~ ~1'
S~EET
WASTEWA~R,S~RM
SITE
S~EET
PROPOSED DRAINAGE SITE "C2"
SYSTEM UPGRADE WASTEWATER
STREET
I
NTERSTATE 37
CZTY PROJECT NO. 8468
VZCZNZTY MAP
NOT TO SCALE
/1 I
EXHZBZT "C"
ZNFRASTRUCTURE ZMPROVEMENTS FOR
NORTHSZDE / PORT AREA
CZTY COUNCZL EXH£BZT
DEPARTMENT OF ENGZNEERZNG SERVZOES
PAGE: 1 of 1
DATE: 12-09-2003
12
CITY COUNCIL
AGENDA MEMORANDUM
January 20, 2004
AGENDA ITEM:
Ordinance amending Article V, Code of Ethics, Chapter 2, Code of Ordinances,
relating to outside employment
ISSUE: When a city employee receives outside employment from a business that
has dealings with the employee's department, there is a potential for conflict of
interest. The Code of Ethics should be amended to specifically prohibit such
employment relationships to avoid appearance of impropriety.
REQUIRED COUNCIL ACTION: Approve the ordinance.
PREVIOUS COUNCIL ACTION: The last amendment to the City Code of Ethics
was in October 2001.
FUNDING: No funding is required.
CONCLUSION AND RECOMMENDATION: That the City Council approve the
ordinance.
Mary I'~ay Fi~che~
City Attorney
BACKGROUNDINFORMATION
City Policy No. H. R. 5.0 provides that non-collective bargaining employees must
receive the approval of their department director prior to accepting outside employment.
The policy identifies factors to consider in evaluating the request which include
potential for actual or perceived conflict of interest. The policy defines a conflict of
interest generally as any outside employment activity or transaction that could be
enhanced or otherwise of benefit to the outside employer because of the public position
held by the employee, or any outside employment activity which unduly influences the
employee in the performance of his or her City-related functions, or any outside
employment which is in conflict with the City's Ethics Ordinance No. 20781.
Ordinance No. 20781 as amended is codified in the City Code of Ordinances at
Sections 2-311 through 2-315, and at 2-320 through 2-334, and 2-340 through 2-349.
Section 2-311 (8) addresses outside employment:
You shall not engage in any outside activities or employment which will
conflict or be incompatible with the full and proper discharge of your official
duties, impair your independent judgment in the performance of your duties,
or reflect discredit upon the city.
Situations have arisen where an employee has been offered outside employment with a
business that has dealings with the employee's department. The current ordinances to
not specifically prohibit this outside employment. It has happened that an employee will
accept outside employment with a company required to submit work to the employee's
department for approval. Even though the employee does not personally review the
work submitted by the business, there may be the appearance of impropriety. The City
has received complaints from members of the public that the outside employer is
getting special treatment from the department because of its relationship with the
employee.
To avoid the appearance of impropriety, the current Code of Ethics should be amended
to prohibit outside employment with a company that is required to submit work for
approval to the employee's department. The proposed amendment to the Code of
Ethics adds a new section which reads as follows:
As an employee, you may not be employed by any business or individual
who has business dealings with or for your department, including any work
that is subject to review or inspection by your department, even if you do not
personally review or inspect the work of the business or individual.
The Ethics Commission approved the proposed ordinance at their September 11, 2003
meeting.
ORDINANCE
AMENDING ARTICLE V, CODE OF ETHICS, CHAPTER 2, CODE OF
ORDINANCES, RELATING TO OUTSIDE EMPLOYMENT; PROVIDING
FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING
FOR PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 2-311 Code of Ordinances is amended by adding new paragraph
(23) to read as follows:
"Sec. 2-311. Standards.
"The following rules of conduct apply to all council members, board members, and
employees:
"Provisions for employees:
"(23) As an employee, you may not be employed by any business or individual
who has business dealin.qs with or for your department, includin,q any work
that is subject to review or inspection by your department, even if you do not
personally review or inspect the work of the business or individual."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full fome and effect for its purpose.
SECTION 3. A violation of this ordinance or requirements implemented under this
ordinance shall subject the employee to appropriate disciplinary proceedings as
provided in Section 2-313 of the City Code of Ordinances.
SECTION 4. 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 5. This ordinance shall take effect upon publication.
Jan 27 2004 Ethics Code amendments.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the follOwing vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
,2004 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
., 2004.
Armando Chapa
City Secretary
APPROVED: January 20, 2004
By:
Lisa Aguilau
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Jan 27 2004 Ethics Code amendments.doc
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: __1/27/04__
AGENDA ITEM:
An Ordinance authorizing the City Manager to execute a long-term lease with Round Rock Baseball,
Inc. to manage and operate a baseball stadium to be constructed by the City, in consideration of the
payment of rent and the obligation to have a minor league baseball team affiliated with major league
baseball play its home games in the stadium.
BACKGROUND INFORMATION:
On November 5, 2002, the voters approved the implementation ofa 4A sales and use tax, a portion
of which may be used for construction ora baseball stadium in the Port area. Since that time, the
City of Corpus Christi and the Port of Corpus Christi Authority have worked with RSR Sports on the
location of a major league affiliated, minor league team in Corpus Christi as the tenant/lessee for the
facility. It is the desire of parties to complete this project so that the team can commenc9 operations
in the new stadium for the 2005 season (April 1, 2005).
On September 30, 2003, the City Council authorized the City Manager to execute a non-binding
agreement/memorandum of understanding (MOU) which set out the terms of a final and binding
lease. Because time is of the essence to insure that the stadium is complete in time for the 2005
season, authorization for the City Manager to execute a subsequent binding MOU was approved by
the Council in December. This binding MOU, which has since been executed, fulfills the contract
requirement to proceed up to but not including actual construction until a final lease is completed.
The final lease is now ready for initial consideration on first reading. A copy of the lease will be sent
separately prior to the Council meeting, as parties continue to work toward substantial completion of
a document through Monday afiemoon.
Subsequent Council action will be required on second reading scheduled for February 24, 2004,
with the lease becoming effective 61 days thereafter. Adoption of a Resolution authorizing a
parameter sale of bonds is scheduled for consideration by both the Business & Job Development
Board and Council in March, with bonds being sold and closing on Port property occurring in late
April upon effective date of the lease. Actual construction will commence in May.
REQUIRED COUNCIL ACTION: Adoption of Ordinance as presented on first reading.
Mar!~'I~i Mc-D~iel -
Assistant City Manager
Attachments: Ordinance
Agreement (to be sent separately)
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LONG-TERM
LEASE WITH ROUND ROCK BASEBALL, INC. TO MANAGE AND
OPERATE A BASEBALL STADIUM TO BE CONSTRUCTED BY THE
CITY, IN CONSIDERATION OF THE PAYMENT OF RENT AND THE
OBLIGATION TO HAVE A MINOR LEAGUE BASEBALL TEAM
AFFILIATED WITH MAJOR LEAGUE BASEBALL PLAY ITS HOME
GAMES IN THE STADIUM; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the voters in Corpus Christi authorized a one-eighth of one percent sales
tax for promotion and development of new and expanded business enterprises within
the City, including the construction, operation, and maintenance of a baseball stadium in
the Arena, Convention Center/Port area of Corpus Christi;
WHEREAS, the Corpus Christi Business and Job Development Corporation on
September 30, 2003, agreed to incur debt to be funded by the one-eighth of one
percent sales tax for the construction of the baseball stadium by the City;
WHEREAS, on October 6, 2003, the City entered into a non-binding agreement with
Ryan Sanders Ryan Sports, Inc. ("RSR Sports"), in which RSR Sports agreed to enter
into negotiations with the City to lease the baseball stadium from the City for the use by
a AA minor league baseball team owned by Round Rock Baseball, Inc. ("Round Rock
Baseball") starting in April 2005;
WHEREAS, on December 16, 2003, the City entered into a binding agreement with
RSR Sports that obligated RSR Sports to lease the baseball stadium from the City for
the use of its AA minor league baseball team starting in April 2005;
WHEREAS, on January 15, 2004, the City entered into a contract with the Port of
Corpus Christi Authority for the purchase and lease port property for the construction of
the baseball stadium and off-site parking;
WHEREAS, the City, RSR Sports, and Round Rock Baseball have negotiated a lease
of the stadium for the use of Round Rock Baseball's AA minor league baseball team,
which is associated with a major league baseball team; and
WHEREAS, Round Rock Baseball has represented to the City that it is authorized to
relocate its AA minor league baseball team to Corpus Christi, if the City constructs the
baseball stadium to league standards of the AA sanctioned league;
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION I. The City Manager is authorized to execute a lease with Round Rock
Baseball, with an initial term of 15 years, and with Round Rock Baseball having the
option to extend the lease for two additional five year periods, to use and operate the
R30623E3.doc
2
baseball stadium to be constructed by the City, in consideration of the payment of rent
by Round Rock Baseball and the obligation of Round Rock Baseball to have a minor
league baseball team affiliated with major league baseball owned by Round Rock
Baseball to play its home games in the stadium. A copy of the lease is on file with the
City Secretary.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by Article IX, Section 3 of the City Charter of the City of Corpus
Christi.
R30623E3.doc
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of ,2004 by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2004.
Armando Chapa
City Secretary
APPROVED: 22nd day of January, 2004:
R./J~y ~einin.g ~.,
Fil'st ,~sistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
3
R30623E3.doc