Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 03/02/2004CITY COUNCIL AGENDA MARCH 2, 2004 Corpus Ch risti AIl-AmericaCity 11:45 A.M. - Proclamation declaring March 18, 2004 as "Absolutely incredible Kid Day" Proclamation declaring the week of February 29 - March 6, 2004 "Severe Weather Awareness Week" Proclamation declaring the month of March as "American Red Cross Month" "At Your Service Award", City Staff Recognition Program AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 2, 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 encl of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espaf~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) 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 Mr. George Pledger, Weber Road Church of Christ. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem 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 February 24, 2004. (Attachment # 1) Agenda Regular Council Meeting Mamh 2,2004 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Building Standards Board CommunityYouth Development (78415) Program Steedng Committee Corpus Christi Convention and Visitors Bureau Board Landmark Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances, ff deemed appropdate, 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 ara incorporated herein for raconsideration and action on any reconsiderad item. Hm CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support 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 requiringseparatediscussionhavebeenactedupon. Theremainingitemswill be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of 33 police package sedans in accordance with Bid Invitation No. BI-0030-04 with Champion Ford, of Corpus Christi, Texas based on Iow bid for a total of $703,296. All units are replacements. Funding is available from the FY 2003-2004 Capital Outlay Fund. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 2,2004 Page 3 Motion approving a supply agreement for Police Uniforms, including 450 pairs of trousers, 525 shirts, and 40 jackets, in accordance with Bid Invitation No. BI-0073-03 with Unifirst, of Corpus Christi, Texas, based on Iow bid meeting specification for an estimated annual expenditure of $63,711.25. The term of the contract will be twelve months with 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 the Police Department in FY 2003-2004. (Attachment # 4) Motion approving a supply agreement with the following companies for the following amounts for approximately 7,087 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI-0053-04 based on Iow bid for an estimated annual expenditure of $216,104.59. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. (Attachment # 5) Hughes Supply San Antonio, Texas Group 1 $163,119.10 Ferguson Enterprises Corpus Christi, Texas Group 2 $8,182.89 Titan Pipe & Supply Corpus Christi, Texas Group 3 $44,802.6O Grand Total: $216,104.59 Ordinance appropriating $49,940 from the unappropriated fund balance of the No. 3160 City Hall Capital Improvement Program Fund; transferring to and appropriating in Public Health and Safety Capital Improvement Program Fund No. 3350 for Fire Station No. 7 Moisture Control Repairs and Modifications; and amending Ordinance No. 025647 which adopted the FY 2003- 2004 Capital Budget by increasing appropriations by $98,880. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with SaI-Con, Inc., of Corpus Christi, Texas in the amount of $49,940 for Fire Station No. 7 Moisture Control Repairs and Modifications. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 2,2004 Page 4 10. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the Seawall Reconstruction Project Contract B-2B with Gunther Nash, Inc., of St. Louis, Missoud in the amount of $351,256 for the McGee Beach Sand Renoudshment Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a Contract for Professional Services with ECMS, Inc., of Corpus Christi, Texas in the amount of $60,000 for Spur 3, Phase 2: Ennis Joslin - Ocean Drive/Alameda to South Padre Island Drive Street Reconstruction Project for additional Construction Management and Inspection Services. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Amendment No. 3 for Construction Management Services with Anderson Group construction Management, Inc., of Corpus Christi, Texas in the amount of $688,840 for various Capital Improvement Projects associated with the 2004 Capital Budget. (Attachment # 9) Motion approving the application from the Corpus Christi Chamber of Commerce to temporarily close the following street sections for the S.E.A. Mixer Event, March 4, 2004: (Attachment # 10) Ao Inside travel lane of Northbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m., Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. Southbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m., Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 2,2004 Page 5 11. 12. 13. 14. 15.a. Motion authorizing the City Manager or his designee to have American Electric Power (AEP)/Central Power and Light, at an aid-to-construction cost of $53,300, proceed with installation of streetlights for Spur3 between South Padre Island Drive and Nile. (Attachment # 11 ) Motion authorizing the City Manager or his designee to execute Amendment No. 2 with J. R. Thompson, P.E., of Corpus Christi, Texas for a total fee not to exceed $35,850 for Club Estates Channel Improvements, Phase 1. (Attachment # 12) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera in the amount of $43,000 plus $1,500 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 8, being all of Lots 3 and 4, Block 4, H.E. Luter Partition, with street address of 2016 Marguerite Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a contract with Leonard Scott, of Sandia, Texas to provide consulting services and serve as Project Manager for the Automated Meter Reading (AMR) and Wireless Fidelity (WiFi) Project at the rate of $37.11 per hour. The contract shall commence March 6, 2004 and extend through March 6, 2006 and may be continued for two more years. (Attachment # 14) Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSoft USA, Inc., of Pleasanton, California in the amount of $252,032.16 for twelve (12) months' PeopleSoff software maintenance for Asset Management, Accounts Payable, Benefits Administration, Budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor Public Sector software based on sole source. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 2,2004 Page 6 15.b. 16. 17. 18.a. 18.b. 19. 20. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSoft USA, Inc., of Pleasanton, Califomia in the amount of= $38,740 for twelve (12) months' PeopleSoff software maintenance for eDevelopment, eCompensation, eBenefits, eProfile, eRecruite, and ePay software based on sole source. (Attachment # 15) Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi to participate and oversee quality checking, data collection, and data processing of the City's cadastral base maps. (Attachment # 16) Resolution authorizing the City Manager or his designee to submit a State Energy Program Grant Application to the Texas State Energy Conservation Office in the amount of $150,000 for a Compressed Natural Gas Fueling Facility at the Maintenance Service Center, with a City match of $258,500 out of the Gas Commercial Paper Fund No. 4550, for a total project costs of= $408,500. (Attachment# 17) First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding the Cable Communications Commission. (Attachment # 18) First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding Rules and Procedures for Public Access Cabiecasting; and providing for penalties. (Attachment # 18) Second Reading Ordinance - Amending Article 1, Chapter 38, Code of Ordinances, relating to Parade Vendor Permits; and providing f=or penalties. (First Reading 02/24/04) (Attachment # 19) Motion authorizing the City Manager or his designee to execute a Parade Vending Agreement with the Buccaneer Commission, Inc. (Attachment#20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 2, 2004 Page 7 I, PUBLIC HEARINGS: 21. An Ordinance of the City of Corpus Christi, Texas finding, after reasonable notice and headng, that Amedcan Electdc Power Texas Central Company's electric transmission and distribution rates and charges within the City should be changed; determining just and reasonable rates; adjusting street lighting charges; adopting recommendations of consultants; providing for recovery of rate case expenses; preserving regulatory dghts of the City; and providing for repeal of conflicting ordinance. (Attachment # 21 ) 22.a. Public hearing on request for a vadance to operate an establishment with on-premise consumption of alcoholic beverages at an establishment known as Guerrero's Place located at 706 S. Port Avenue. (Attachment # 22) 22.b. Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Guerrero's Place, to operate an on-premise alcoholic beverage establishment located at 706 S. Port Avenue. (Attachment # 22) J= PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Advancements in Technology. (Attachment # 23) 24. Water Supply and Strategy Update. (Attachment # 24) 25. Discussion on development of Bond 2004 Program. (Attachment # 25) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (NONE) Agenda Regular Council Meeting Mamh 2,2004 Page 8 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 COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN N= 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 didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espa~ol en la reunir~n 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. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concems; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing Mamh 2,2004 Page 9 26. 27. 28. O. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:45 p.m. February 27, 2004. City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 24, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Mark Scott Council Members: Brent Chesney Javier D. Colmenero (Arrived at 9:05 a.m.) Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe 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 Reverend Edward Garcia of South BluffUnited Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 February 17, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-8). Mr. Kinnison requested that Item 6 be discussed. There were no comments fi.om the audience. A motion was made and passed to approve Items 2 through 8, constituting the consent agenda, except for Item 6, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2004-064 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $81,589 for the Multi-Purpose Arena for various architectural, electrical, and mechanical modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Gm'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Minutes - Regular Council Meeting February 24, 2004 - Page 2 o MOTION NO. 2004-065 Motion authorizing the City Manager or his designee to execute Change Order No. 8 with Moorhouse/Beecrofi, Joint Venture, LLC, of Corpus Christi, Texas in the amount of $665,411 for the Convention Center Expansion and Rehabilitation for mechanical, structural, and other modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Gat'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. MOTION NO. 2004-066 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $234,800 for the Mansheim Area Drainage Improvements Project, Phases 2-A through 6-A. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. MOTION NO. 2004-067 Motion authorizing the City Manager or his designee to execute a one year contract with Maximus, Inc., of Dallas, Texas in the amount of $39,000 for the preparation of a Full Cost Plan and an A-87 Cost Allocation Plan. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. FIRST READING ORDINANCE Amending Article 1, Chapter 38, Code of Ordinances, relating to Parade Vendor Permits; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Minutes - Regular Council Meeting February 24, 2004 - Page 3 8. ORDINANCE NO. 025661 Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 regarding Municipal Court Building Security Fund and Security Fee; by amending Section 29-48 to reflect changes in State Law pertaining to the use of the Municipal Court Building Security Fund; and providing for penalties. (First Reading 02/17/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal opened discussion on Item 6 regarding the State Highway 44 - Clarkwood Road project. Mr. Kinnison asked if this project was already funded. City Engineer Angel Escobar replied affirmatively, saying that the Texas Department of Transportation had issued the construction contract for the bypass project. He said the city was responsible for relocating the water lines and sewer lines in the construction area, which would be funded through the utility fired. Council Member Scott asked when the project was scheduled for completion. City Engineer Escobar estimated that the project would take a year and a half to complete. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 025660 Resolution recognizing public necessity of acquiring utility and construction easements for the State Highway 44 - Clarkwood Bypass Utility Adjustments Project, No. 8478 for utility and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. 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 referred to the presentations on the day's agenda. The first presentation was an update on the Downtown Streetcar System (Trolley) study. Ms. Linda Watson, Director of the Regional Transportation Authority, provided a brief overview of the project. Regarding the Environmental Assessment Work Program, Ms. Watson stated that the following steps in the process had been completed: management plan; purpose and need statement; public participation plan; and screen alignment / technology options. She said there were a number of steps in progress, including the following: alternatives refinement; environmental analysis; transportation impacts; cost and financial analysis; and implementation of the public participation plan. She said the next steps in the process were to conduct an alternatives evaluation and to prepare the environmental assessment. Ms. Watson said the R.T.A. has narrowed the proposed locations for the trolley to two options: a Water Street/Chaparral Street route and a Shoreline Boulevard route. She noted that a route to the Memorial Coliseum was being considered, but would ultimately depend on its cost. Ms. Watson stated that a preliminary Environmental Impact Analysis has been conducted for both Minutes - Regular Council Meeting February 24, 2004 - Page 4 proposed alignments, and no major obstacles have been found so far. Ms. Watson reported that the estimated preliminary capital cost for the project is $30 million for an Ortiz Center to Staples Street station ruute, and an additional $10 million for a route extension to the Memorial Coliseum. She listed a number of potential funding partners. At the federal level, Ms. Watson said the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) were potential partners. She noted, however, that the extent of the federal funding would not be known until the T-21 legislation for transportation was reauthorized by Congress. Ms. Watson stated that there were state, regional, RTA and local/private sources for funding that could also be utilized. She said their research has demonstrated that in similar projects throughout the country, the funding was obtained using many small sources. Regarding the magnitude of the funding, Ms. Watson said there were two likely fimding splits. In the first scenario, the funding would be an 80/20 split - 80 percent federal and 20 percent non-federal share. She said the 80 percent federal share (approximately $24 million) could be comprised of an FTA Small Start grant and a FHWA TEA grant. The 20 percent non-federal share could be comprised of five percent from the state ($1.5 million), ten percent ($3 million) from the RTA, and the remaining five percent ($1.5 million) from local and regional funding sources. In the second scenario, the funding would be a 50/50 split - 50 percent federal ($15 million) and 50 percent non-federal share. Ms. Watson said the 50 percent non-federal share would be comprised of 12.5 percent ($3.75 million) f~om the state, 25 percent ($7.5 million) from the RTA and the remaining 12.5 ($3.75 million) percent from local and regional sources. The cost estimates provided are for the $30 million project without the extension to the Memorial Coliseum. Ms. Watson discussed the potential federal sources of funding in more detail. She said the FTA offered two grants that could be applied to the trolley project, the New Starts grant (Section 5309) and the "Small Starts" grant. She said projects calling for no more than $25 million in federal funding would be eligible for the "Small Starts" grant, which required much less environmental analyses and detailed studies. She said it was important to try to qualify for the "Small Starts" for this reason. Ms. Watson stated that another potential source of federal funding was the Renewal Community program. She mentioned that since the downtown area has been designated as a Renewal Community and is eligible for federal tax incentives, the program requires the state to give priority for state funding to projects in the area. Ms. Watson reviewed a number of potential state sources of funding, including the Texas Emissions Reduction Program (TERP) and the State Infrastructure Bank Loan Program. Finally, she said the potential regional and local sources included the existing RTA transit sales tax, the Port of Corpus Christi, and the City of Corpus Christi. She said the City of Corpus Christi could offer a local match in many ways, including cost-sharing of roadway improvements, street improvement funds, the Transient Occupancy Tax (TOT), a Tax Increment Finance District (TIF), the existing 1/8th percent Economic Development Sales Tax, and parking revenues. She stressed that these were merely suggestions, and the RTA was not advocating that all or any of these options be available for this project. Ms. Watson said the next step in the project was to make a case for the FTA regarding the Minutes - Regular Council Meeting February 24, 2004 - Page 5 following issues: cost-effectiveness; determine whether the project cost was within the FTA "Small Starts" limit; determine if there was a reasonable expectation of securing matching funds; and determine if there was an opportunity for immediate as well as long-term benefits. In addition, Ms. Watson said the consultants were refining the capital cost estimates and working with project parmers to identify key potential funding sources and implement a funding strategy. She also said the consultants would be comparing the two alternative trolley routes versus the consequences of not building a trolley at all, based on the following criteria: effectiveness, efficiency, financial feasibility and equity. Regarding the public involvement plan, Ms. Watson said the plan was intensive and was scheduled to last for three months. She said the goal of the project was to obtain significant public input for the RTA Downtown Transportation Study Environmental Assessment to justify the need for the project to the federal government to qualify for federal funds. Ms. Watson stated that the RTA had created a Project Advisory Committee (PAC) composed of 80 individuals in the community from various backgrounds who had an interest or worked in the downtown area. Ms. Watson reported that the key messages for the projects were as follows: there will be increased traffic that requires immediate response, with the growth in venues and attractions along the bayfront; the downtown transportation study is part of a coordinated, comprehensive planning process for transportation options in the central business district; a solution is needed to reduce traffic congestion along the bayfront and to minimize vehicle emissions to maintain the quality of air; and there is a need to connect points of interest in the uptown and downtown business district with attractions and businesses along the bayfront. Ms. Watson reviewed the public involvement plan objectives. She said the first objective was to maintain and increase the active involvement of the Project Partners Group and the Project Advisory Committee. The second objective was to broaden the input from target audiences during this phase of the project. To this end, Ms. Watson said the RTA planned to update and expand the stakeholder database for use in mailings, web surveys and the like. She said they also planned to design and produce supporting materials as follows: develop a website; produce an informational brochure and fact sheet; produce a newsletter for two distributions; give media interviews; and produce public service announcements for public meetings (PSAs). In addition, the RTA planned to continue dialogue with public officials and other interested individuals and groups; identify and communicate with under-represented groups. Finally, the third objective was to conduct meaningful public meetings (May through June) and public hearings (early July) on the Downtown Transportation Project as measured by attendance, content analysis of audience comments and evaluation surveys of audience participants. Ms. Watson briefly reviewed the environmental assessment schedule. In conclusion, she said the next steps were to hold the next public advisory committee meeting on March 31; review the cost and ridership estimates, and traffic analysis; and review the evaluation of alternatives. Regarding the proposed Water Street/Chaparral Street route, Mr. Scott asked why the route had to loop through the Staples Street station. Ms. Watson replied that the loop was necessary for several reasons. She said the loop passed by large parking garages and surface parking areas for individuals seeking shuttle bus services during special events. In addition, she said that to qualify for federal funds, the route must connect with the RTA's current system. She said the Staples Street Minutes - Regular Council Meeting February 24, 2004 - Page 6 station is the RTA's major transfer station. Mr. Scott asked if the RTA could construct a new transfer in the Memorial Coliseum area, and thus eliminate the Staples Station loop. Ms. Watson replied that this would increase costs considerably. She also suspected that there would not be a significant amount of ridership to the Memorial Coliseum. Mr. Scott asked if there was a running dialogue about locating a stop at the Bayfront Arts and Sciences area. Ms. Watson answered that there wasn't enough public input at this time to gauge public support or opposition. Mr. Scott commented that the route going from Shoreline to 1-37 to the Convention Center was not selected as one of the two final options. Ms. Watson replied that a hybrid of the two routes was possible once the study was complete. Mr. Scott stated that he felt the community would be more receptive to a route that would go down Shoreline north ofi-37 and then down Water Street south of 1-37. Mr. Garrett inquired about the ridership of the current rubber-tire trolley. Ms. Watson answered that the current trolley route was one of the highest ridership routes, averaging between 600 to 800 riders a day. Mr. Garrett asked if it was similar to the proposed routes. Ms. Watson replied that the routes were different because the rubber-tire trolley circulated mainly in the downtown area. Mr. Garrett asked if the rubber-tire trolley would be discontinued if the electric trolley was approved. Ms. Watson replied affirmatively, but stated that they might continue service over the bridge to North Beach. Mr. Chesney stated that he was in favor of the Water Street/Chaparral Street route because it would be a nice boost for the area. He said he felt the Shoreline Boulevard area was generally in good condition and did not need the same attention. He asked if an alternative could be to keep the current rubber-tire trolley's Shoreline Boulevard route while concurrently nmning the new electric trolley on the Water Street/Chaparral Street route. Ms. Watson answered that due to cost, the RTA would prefer to have only one trolley system in place. Mr. Kinnison asked if the rubber-tire trolley was free. Ms. Watson replied affirmatively. Mr. Kinnison asked if the riders transferring to the new electric trolleys from the Staples Street station would be charged an additional fee, or if the current practice of not charging an extxa fee would still apply. Ms. Watson replied that the RTA was awaiting the results of the cost analysis before making a decision. Mr. Kinnison noted that the construction on the trolley was estimated to be complete in 2007. He asked when the construction would begin. Ms. Watson answered that the construction could begin as early as next fall. Mr. Noyola stated that he agreed with Mr. Kinnison that the trolley should run on Shoreline Boulevard by the federal courthouse, arena and the baseball stadium. He asked if the maintenance costs for the Shoreline route would be higher because of its proximity to the water. Ms. Watson answered that she had been informed that the maintenance costs would be no different from the Water Street route. Mayor Neal deviated from the agenda and referred to Item 11, the second quarter update on the city's Americans with Disabilities Act (ADA) transition plan. Mr. David Ramos, Director of the Human Relations department, reported on the progress of addressing accessibility and barrier removal issues in the following areas: public facilities, programs, site development, outreach, citywide curb ramps, and individual curb ramp requests. Minutes - Regular Council Meeting February 24, 2004 - Page 7 Regarding public facilities, Mr. Ramos stated that the improvements are being implemented through the city's Engineering Services department. He said the public facility sites include city hall, the libraries, the health department, streets and solid waste, recreation centers and senior centers. He said an A&E consultant was currently working on the preparations for the barrier removal projects. In January 2004, Mr. Ramos stated that the city reviewed the design phase and were submitting the construction plans to the Texas Department of Licensing and Review. Mr. Ramos reported that the bid release preparation was ongoing. Mr. Ramos also reported on the progress of improvements to programs taking place in the libraries, museum, closed captioning and various customer service areas. Regarding the libraries, Mr. Ramos said staffhas conducted a site visit and held meetings with library staff to discuss ways to improve accessibility in the book aisles for customers to retrieve materials. He said staff would provide other assistance for the libraries including gathering manufacturer information and specifications. Regarding the museum's programs, Mr. Ramos reported that script development and other preparations are underway to produce recordings of exhibits in an alternate format to allow customers with visual impairments to participate in an audio tour through handheld audio devices. Regarding closed captioning, Mr. Ramos stated that staff is working with the city's contractor to modify the tape production process to allow for closed captioning of the Cityscape tapes. He said the target completion date for the project is April 2004. He also said staff was making preparations to add closed captioning of regular Council meetings aired live. He said a Request for Proposals (RFP) has been developed, and staff is currently researching the list of contractors approved by the state for live closed captioning. He said the projected turnaround time upon contract reward and site visit is approximately seven weeks. Finally, Mr. Ramos briefly discussed improvements to program accessibility for various customer service areas. He said plans and preparations are underway to provide information on basic customer services in an alternate format for those customers who are hearing-impaired or vision-impaired. He said, for example, there would be a library of informational CDS for audio use or for use on a personal computer. Additionally, he reported that there is an ongoing effort to ensure that accessible customer service and program participation is not compromised within internal and departmental policies and procedures. He said the Human Relations department, Museum and Park and Recreation departments were undergoing a comprehensive review now. Mr. Ramos discussed another focus area for improvements known as site development. He said this was an area requiring special training for staffthrough the Texas Department of Licensing and Regulation's (TDLR) Accessibility Academy. He stated that preparations are underway to enroll the city's building inspectors and commercial plan reviewer in the academy during the third quarter. Regarding outreach, Mr. Ramos stated that this area focused on the promotion of accessibility awareness. He said staff has conducted three awareness training sessions for front-line employees during this quarter, and is preparing for additional accessibility training for mid-level employees. In addition, he reported that staff is developing action plans for public awareness formats, PSAs and other awareness materials. Minutes - Regular Council Meeting February 24, 2004 - Page 8 Finally, Mr. Ramos discussed the progress on the implementation ofcitywide and individual curb ramps requests. He said the citywide curb ramp projects are scheduled in the 2004 Bond program, subject to voter approval in the November 2004 election. With regard to individual curb ramp requests, he said citizens had submitted several requests prior to the final adoption of the transition plan. He said the bid process for these requested curb ramps has been completed through Engineering Services. He said a recommendation on the construction contract for these individual curb ramp requests is anticipated in February 2004. Mayor Neal opened discussion on Item 12 regarding a construction contract for ADA compliance at various sites. City Engineer Escobar reported that these projects were funded through CDBG funds. He said this was the first of three project phases to address curb ramps and ADA accessibility in these areas. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2004-068 Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of $224,310.53 for American with Disabilities Act Compliance at Various Sites - Phase 1 at the following locations: Individual Requests Mary Grett School Area Memorial Hospital Area Spohn Hospital Area Tarlton between Port and Ayers Poenisch and Ropes Park The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 13 regarding the lease for the baseball stadium. City Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on this item. City Manager Noe said the first part of the item would substitute the draft of the lease the Council had passed on first reading with the latest draft of the lease. He said most of the changes were minor technical changes and clarifications. The third part of the item was a non-relocation agreement that would give the city additional assurances that the team would remain here and comply with the lease. Mr. Noe said the last document to be completed was between the city and the Port of Corpus Christi for parking. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 24, 2004 - Page 9 13.a. MOTION NO. 2004-069 Motion to amend prior to second reading by substituting an amended long-term lease with round Rock Baseball, Inc., to manage and operate a baseball stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. 13.b. ORDINANCE NO. 025662 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. (First Reading 01/27/04) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. 13.c. MOTION NO. 2004-070 Motion authorizing the City Manager to execute a non-relocation agreement by and between the City of Corpus Christi, Texas and Round Rock Baseball, Inc. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal announced that pursuant to Section 551.071 of the Texas Government Code, the City Council would go into executive session for legal advice related to landfill permitting issues, with possible discussion and action in open session. The Council returned from executive session. Mayor Neal opened discussion on Item 14 regarding landfill operating issues. Assistant City Manager Ron Massey provided a brief summary of the actions on the landfill issue to date. He said the Solid Waste department had made presentations on May 21, 2002, August 27, 2002 and December 16, 2002 regarding the status of landfill expansion plans and the development of the Cefe Valenzuela landfill. Mr. Massey stated that today's discussion would focus solely on the landfill location, assuming that the city would operate the landfill. He said the city could re-examine the feasibility of private operation of the landfill at a later date. Mr. Massey reviewed a chart illustrating the relationship between landfill revenue and tonnage. He noted that in 1997-98, the amount of tonnage received was about 550,000 tons annually and the revenue stream was approximately $10,000,000. In 1999-2001, Mr. Massey commented that Minutes - Regular Council Meeting February 24, 2004 - Page 10 there was a tremendous drop in tonnage and revenues caused by the opening of the El Centro landfill. He said the city was able to stabilize the situation by instituting put-or-pay contracts and the municipal solid waste service charge (MSWSC). Mr. Massey discussed the landfill capacities in the area today. He said the J.C. Elliott landfill had approximately 3.5 years of life left, assuming the current volume of 419,000 tons per year. The El Centro landfill has approximately 45 years of life, assuming 200,000 tons per year. Finally, the Cefe landfill is estimated to have 100 years of life, modeled at 500,000 tons per year. Mr. Massey covered the effects of an additional permitted landfill. He said an additional landfill could potentially divide the waste stream further, negatively affecting city revenues. He said a new landfill could result in a number of public concerns, including environmental, social and economic issues. These concerns could be detrimental to the successful permitting of a new facility. Mr. Massey said that the J.C. Elliott landfill would be near closure before an additional landfill could be permitted and operational. Mr. Massey stated that Mr. Jeff Kaplan, Director of Solid Waste, would be presenting two options for the Council's consideration. Mr. Kaplan discussed Option A, the expansion of the J.C. Elliott landfill. He stated that the current permitted volume capacity of the Elliott landfill was 16,210,000 cubic yards on 313 acres. As previously mentioned, the estimated remaining life of Elliott was 3.5 years. He said the estimated time frame for a lateral expansion of the Elliott landfill was 36 months, based on the worst-case scenario. He said the projected capacity was 6,700,000 cubic yards on 102 acres (22 acres owned by the city and 80 acres owned privately). He said the expansion would extend the life of the Elliott landfill by 10 years. Mr. Kaplan said the estimated 10-year capital costs for the J.C. Elliott expansion between FY 2004-05 and FY 2012-13 was $20.5 million. He also reviewed the summary pro forma for the expansion. He highlighted that until FY 05-06, the put-or-pay contracts would continue because they were tied to the existing life of the Elliot landfill (3.5 years). Thus, the assumption was that the landfill would maintain the current annual tonnage of 419,000 tons. After FY 07-08, Mr. Kaplan said staff was assuming a reduction in tonnage to 225,000 tons because of the cessation of the put- or-pay contracts, and subsequent redirection of waste to other disposal sites in the area. He said there would be a corresponding increase in the municipal solid waste service charge (MSWSC) fee to recapture the lost revenues. In FY 2012-13, Mr. Kaplan estimated that the MSWSC could increase to $54.92. Mr. Kaplan discussed Option B, the opening of the Cefe Valenzuela landfill. He said the Cefe landfill was comprised of 2,273 total acres. Initially, he proposed developing only two units of the land: Unit 1 - 205 acres with 27,722,000 cubic yard capacity; and Unit 2 - 605 acres with 102,751,000 cubic yard capacity. Mr. Kaplan stated that the infrastructure development would take approximately 24 months. He said Unit 1 would be on line with first Sector construction completed and ready for waste six months prior to the closing of the J.C. Elliott landfill. Mr. Kaplan stated that the projected 10-year capital costs for the Cefe landfill between FY 04-05 and FY 12-13 was $26,330,000. He noted that there would be costs incurred from closing the J.C. Elliott landfill. He also reviewed the summary pro forma for the transition from J.C. Elliott to the Cefe landfill. He noted that under Option B, staff was still assuming that the put-or-pay Minutes - Regular Council Meeting February 24, 2004 - Page 11 contracts would cease in FY 07-08, leading to a subsequent loss in tonnage and revenues. He highlighted that the proposed MSWSC fee in FY 12-13 was $54.59, slightly lower than the projected amount for the Elliott landfill. Mr. Kaplan reviewed a graph illustrating the landfill capital investment for both the Elliott landfill and the Cefe landfill. He noted that the capital costs for the Cefe landfill spiked around 2005, but then stabilized and became slightly less than those incurred by Elliott. Most importantly, Mr. Kaplan stated that if the Council were to decide to expand Elliott, they would just be deferring the capital cost for Cefe because it would still need to opened in 10 years. Mr. Kaplan referred to a series of graphs. The first graph compared the landfill expense between Elliott and Cefe. He noted that the separation between the two was less than $500,000. The second graph depicted the landfill revenue comparison showed similar results. Finally, the third graph depicted the annual disposal fee increase required to maintain net revenue, saying that the two options differed by only 40 cents. Mr. Kaplan reviewed the pros and cons if the city decided to expand the J.C. Elliott landfill (Option A). He mentioned the following "pros": lower initial investment costs than the Cefe landfill; adds ten years of landfill life; and increases the likelihood of extending put-or-pay contracts. He noted the following "cons": possibility of contested permit application; delays could result in existing disposal capacity being exhausted before expansion is complete; continues landfill operations within city limits and in close proximity to airports; defers move and large initial investment to Cefe to 2014; and delayed opening of Cefe could impact approved permit. Mr. Kaplan also reviewed the pros and cons if the city decided to open the Cefe landfill (Option B). He mentioned the following "pros": resolves long-term disposal issues; increased landfill efficiency after initial investment; increased flexibility to operating procedures; and supports Westside development and aviation operations. He noted the following "cons": requires capital investment to open and develop through the first ten years; requires permitting and development of transfer station; and no guarantees on volume of tonnage to be supplied. Mr. Kaplan discussed the following future actions that would need to be taken regardless of which option the Council chose: execute contracts; make decision on RFP; expand/extend contracts; expand recycling; and contract all waste in city limits. In conclusion, Mr. Kaplan stated that staff's recommendation was to develop the Cefe Valenzuela landfill because it was in the best interests of the city over the long term. Mayor Neal observed that there is a perception in the community that the city uses the fees from the solid waste services as a way to increase revenues. In reality, Mayor Neal said that if solid waste services was an enterprise fund like other city utilities, bearing their own administrative costs, insurance costs and the like, then they would lose money. Assistant City Manager Mark McDaniel agreed, saying that solid waste services is subsidized by the general fund. Mr. Kelly inquired about the closing costs for the Elliott landfill under Option A. He asked why the $3.9 new closure costs were necessary. Mr. Kaplan explained that the new closure costs were for the new cells to be developed in Option A that would need to be closed in 10 years. Mr. Minutes - Regular Council Meeting February 24, 2004 - Page 12 Kelly asked why under Option B, the closure costs for the first phase of Cefe was estimated at $1.1 million. Mr. Kaplan said that the closure requirements for a new landfill can be stretched out over time, unlike at J.C. Elliott. He noted that it appeared that it was going to cost $6 million more at Cefe than at Elliott to buy 10 years of landfill capacity. Mr. Massey replied affirmatively, saying that there were more infrastructure development needs at Cefe than at Elliott. Mr. Kelly stated that it wasn't clear to him why staff was recommending Cefe if it appeared to be more costly. Mr. Massey said that the cost for burial at Cefe over the long run would be lower than at Cefe, even though a transfer station had to be constructed. Mr. Kelly asked Mr. McDaniel if there was any value to delaying the cost of opening Cefe. Mr. McDaniel answered negatively. Mr. Kelly asked if the permit at Cefe would expire if it wasn't used. Mr. Massey replied that under current rules, they would not expire. But he said there was a concern in the environmental area about permits that were not executed. First Assistant City Attorney Jay Reining added that there has been a recent proposal to the TCEQ commissioners to put limits on solid waste permits if they were not developed within five years. The TCEQ deferred the issue, but one of the commissioners stated publicly that he was in favor of limits on permits. Mayor Neal called for a brief recess to present proclamations. He asked to continue the discussion on the landfill after public comment. The Council returned from recess. Mayor Neal called for petitions from the audience. Mr. Sirfrederickvonusa King 7th, 905 Cleveland #4, spoke regarding ongoing problems with his gas bill. Mayor Neal resumed the discussion on landfill issues. Mr. Scott asked how the increase in the municipal solid waste service charge would translate into a constituent's monthly bill. Mr. Massey answered that under Option B (opening Cefe), the cost would translate to a $4.71 increase per month cumulatively over 12 years. Under Option A (expansion of Elliott), the cost would be $4.82 per month cumulatively over 12 years. Mr. Garrett how long an RFP could stay open. Mr. Reining replied that it could stay open until negotiations ended. Mr. Scott asked how long it would take to initiate and complete another RFP process. Mr. Kaplan replied that it would take approximately six months. Mr. Colmenero inquired how long it would take if the city were to negotiate another RFP. Mr. Kaplan replied that in his experience, most contracts take between nine to 12 months to negotiate once the RFP process is over. Mr. Chesney asked Mr. Reining to explain the legalities of negotiation in the RFP process. Mr. Reining answered that when the city issued a Request for Proposals, they reviewed the submissions and then selected the best qualified proposer. Then, the city would negotiate with the proposer to reach an agreement. If the city was not able to reach an agreement with the proposer, Minutes - Regular Council Meeting February 24, 2004 - Page 13 they had two options. He said they could cease negotiations with the proposer, and then commence negotiations with the second-highest scoring proposer, or the city could cancel the RFP altogether and issue a new one. Mr. Reining emphasized, however, that the city could not engage in negotiations with another party until the negotiations with the proposer were complete. Mr. Chesney asked Mr. Reining to provide him a copy of the state law regarding RFPs. Mr. Chesney asked if it was likely that the city would reach an agreement with the party they are currently negotiating with for private operation of the landfill. Mr. Reining replied that there was a good possibility that the city could reach an acceptable agreement. Mr. Massey added that he senses that there is a concern in the community that the city needs to operate the landfill, rather than a private company. He said that when the city initially awarded the RFP to BFI, they were not operating any landfills in the area. Now, since BFI is operating El Centro, Mr. Massey said there is a concern that there would be only one operator in the area, leaving local businesses with no choices. Mr. Chesney replied that he thought BFI would still have to work with its customers. He also said that he felt that the city should privatize landfill operations. City Manager Noe noted that there are many places where the municipalities are not involved in landfill operations. He said the key for success was to have multiple private sector operators to prevent a monopoly on landfill services. Mr. Noyola asked how soon the city could have the Cefe landfill ready for operation. Mr. Massey replied that it could be ready in two years, but it would be preferable to delay the opening as long as possible because of the capital expense. Mr. Noyola stated that he could not support the expansion of the J.C. Elliott landfill to the north because it would be detrimental to his district. He noted that the expansion would abut the existing Grand Stands ballfield in the area. Mr. Massey added that the expansion of the Elliott landfill could potentially interfere with long-term aviation and business interests in the area as well. City Manager Noe added that the expansion of Elliott was not preferable to the Navy either, since they had an interest in developing the area as well. Mr. Garrett stated that he did not think it was wise to have one company operate both of the major landfills in the area. He was concerned that this situation would have a detrimental effect on private haulers. Mr. Massey replied that staff intended today's discussion to focus on the location of the landfill. He said the privatization issue could be discussed at another time. Mayor Neal called for public comment on Item 14. Dr. Bryan Gulley, 2709 Chapelview Drive, spoke regarding an alternate plan to address the landfill issue. He introduced his partner, Mr. Phillip Hurst, and Mr. Mike Stringer, his engineering consultant. He said he and his partners owned property west of Elliott and had acquired an additional 530 acres of property near Elliott. Dr. Gulley stated that this property, located outside of the city limits and west of Elliott, was an ideal location for a Type 1 landfill. He said the neighboring properties were not suited to residential development. He also stressed that he wanted to give the permit and the landfill to the City of Corpus Christi. He said he was working with a partner who could operate the landfill as well. Mr. Scott asked why Dr. Gulley hadn't submitted a proposal during the RFP process in 2002. Dr. Gulley said they did not acquire the additional 530 acres they needed to qualify for a Type 1 landfill until August 2003. Mr. Scott asked if Dr. Gulley had a permit. Dr. Gulley replied negatively, but said he had contracted with a company that would help him acquire the permit quickly if he had an agreement with the city. Minutes - Regular Council Meeting February 24, 2004 - Page 14 Mr. Kelly asked if Dr. Gulley was offering a package deal for the land and the landfill operator. He noted that staffhad intended to segregate the issues into location and operator. Dr. Gulley said that he had an obligation to include their private operator in the negotiations, and he also felt his operator could provide the services most efficiently. Dr. Gulley said he would like to submit a proposal for the Council's consideration. Mr. Chesney asked if it would be legal for Dr. Gulley to enter into negotiations with BFI to see if they could make a deal. Mr. Reining replied that ifBFI wanted to add an option to provide services on Dr. Gulley's proposed site, the city could consider it under the current RFP. However, Mr. Reining said staff would need to look at the proposal closely. A discussion ensued over whether Dr. Gulley's proposal was viable. City Manager Noe stated that the city had already invested almost $9 million in the Cefe Valenzuela landfill, and it was already built into the city's current debt service. Mr. John Torrey, 7253 Yaupon, and Mr. Jim Lotspeich, 1991 Hwy. 35, asked the Council to consider Dr. Gulley's proposal. Mr. Scott spoke in favor of considering Dr. Gulley's proposal. He asked if it would be possible to look at his proposal without issuing another RFP, subsequently delaying a decision for six months. Mr. Reining answered negatively. Mr. Colmenero and Mr. Noyola also spoke in favor of considering Dr. Gulley's proposal. They felt they owed it to the citizens to review the proposal because it could save the city money. Ms. Cooper stated that it was too late to change the plan now. She spoke in favor of Option B, opening the Cefe Valenzuela landfill. She felt it was unwise and a waste of resources to choose another plan because of the $8 million investment the city has already made in the Cefe landfill. Mr. Chesney was in favor of delaying action on this item for two weeks to see if Dr. Gulley's proposal could offer an alternate landfill site. He noted that the city should not stop its negotiations with BFI; rather, he proposed that Dr. Gulley negotiate with BFI directly to see if they could come to an agreement. Mr. Kinnison noted that staff's estimates in their recommendations reflected the worst-case scenario. He said that if the city had an agreement with BFI, they would guarantee a certain amount of tonnage as a key aspect of the deal. He said once the guaranteed tonnage was included in the model, the prices would plummet. Mr. McDaniel agreed with his statement. Mayor Neal asked Dr. Gulley a number of questions about his proposal. In response to his questions, Dr. Gulley said that he owned 750 acres, but would initially sell 482 acres to the city at a cost of $1.7 million. He was uncertain what the life of the landfill would be because it was dependent on various factors, but estimated that it would have a 30-40 year life. Mayor Neal asked what the city would do once the landfill was at capacity in 35 years. Dr. Gulley replied that he could sell the city the remainder of the land. Mayor Neal stated that the city was being asked to evaluate a last-minute, incomplete offer and compare it with staff's recommendation, a 100-year capacity landfill site that was fully permitted. He said it was impossible to make an "apples for apples" Minutes - Regular Council Meeting February 24, 2004 - Page 15 comparison between the two proposals. Mr. Mike Stringer, 1065 Potomac, Dr. Gulley's consulting engineer, said there was legal precedent in the State of Texas regarding solid waste issues which would allow the city to consider Dr. Gulley's proposal without issuing a new RFP. Mr. Reining said he was familiar with the case, but the city historically did not review major proposals behind closed doors. He said it was not the city's practice to "sole source" major proposals. Mr. Kelly stated that BFI has won the right to negotiate with the city on the landfill operation. However, he said the city has not made a commitment yet on a landfill site. He said he would like to consider Dr. Gulley's proposal because it had the potential to save the city money. He made a motion to table the vote on this item until March 23 to see if Dr. Gulley could come to an agreement with BFI. Mr. Chesney seconded the motion. Mr. Noyola commented that Dr. Gulley had not indicated that he was willing to work with BFI. Mr. Kinnison stated that he was not at all sure that BFI would be willing to speak with Dr. Gulley or vice versa. Dr. Gulley stated that he would seek a legal opinion stating that the city had other options to could consider their proposal besides what staffwas presenting. City Secretary Chapa polled the Council for their votes on Mr. Kelly's motion as follows: Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Neal, Cooper and Kinnison, voting "No". The motion carded. Mayor Neal deviated from the agenda and referred to Item 10, a second construction update on Packery Channel. Mr. Tom Utter, Special Assistant to the City Manager, stated that City Engineer Escobar would provide a brief construction update. Then, Mr. Rene Truan, Deputy Commissioner of the General Land Office, and Col. Leonard Waterworth with the Corps of Engineers, would make brief comments. City Engineer Escobar reported that Reach No. 2 (SH 361 Bridge to Intercoastal waterway) was 65 percent complete. He said the construction on Placement Area No. 1 was almost complete. He noted that the dredge fill was coming from Reach No. 2. He stated that in Placement Area 2, the construction of the containment levee was in progress, and the dredge fill was coming from Reach No. 1. He said the dune mitigation and planting was complete. Mr. Escobar noted that on February 17, 2004, the Corps of Engineers had delivered a check for $1,250,000 to the Coastal Bend Bays and Estuaries for Shamrock Island mitigation. He said the utility casing installation was complete for both the force main and the sand by-pass system. Mr. Escobar stated that the jetty stone mining, stockpiling and inspection is underway in Marble Falls, TX. He said the stones will be trucked to the Rincon storage area in March 2004, and ranged in size from 7.5 to 12.5 tons each. He said the stones would create the jetty. Mr. Escobar reported that the boat ramp plans were 100 percent complete and have been submitted to the Corps of Engineers for review and approval. Finally, he provided a brief construction time schedule. He said as of February 2004, the project was 12 percent complete and ahead of schedule. The estimated completion date was August 2005. Mr. Rene Truan, Deputy Commissioner of the General Land Office, spoke in support of the Minutes - Regular Council Meeting February 24, 2004 - Page 16 Packery Channel project, particularly the mitigation of Shamrock Island. He thanked the Coastal Bays and Estuaries program, city staff, the Mayor and Council, the Corps of Engineers, and other resource agencies for their work on this project. Col. Leonard Waterworth with the Corps of Engineers (COE) provided a financial update on the Packery Channel project. He introduced a number of key members of his staff. He said the project was going extremely well. He said that as of July 30, 2003, the COE executed a contract for $21 million with Kingfisher Marine in a joint venture. As of January 2004, he said the COE has spent $2.6 million on the project. Col. Waterworth discussed a number of financing issues. He said that the COE had requested $5 million for the project in 2004. However, due to federal budget constraints, the Corps received $2.3 million. He said he had to use rollover funds to spend the $2.6 million to date. To complete the project in FY 2004, the Corps would need $6 million. He said if the Corps was not able to secure these funds, they would borrow from other projects in the district for the Packery Channel project. In FY 2005, he said the Corps would need $11.6 million to complete the project. To obtain this funding, Col. Waterworth asked the Council for their assistance. He noted that the hardest part of the project, the authorization, had been achieved. Now, Col. Waterworth said the challenge was to obtain the funding in a timely fashion. Mayor Neal presented proclamations to Col. Waterworth, Mr. Herbie Maurer and Mr. Carl Anderson to thank them for their efforts in furthering the project. Mayor Neal called for the City Manager's report. City Manager Noe reported that on Monday, March 1 at 10:00 a.m., a ceremony would be held at the baseball stadium site in recognition of the naming of stadium. He noted that at next Tuesday's meeting on March 2, there would be agenda items on water issues, a presentation on the Velocity Games. He stated that the Council had decided to cancel the March 9 and March 16 meetings due to Spring Break. On March 23, he said there would be agenda items on the bond sale for the baseball stadium and the continuation of the landfill discussion. Mayor Neal called for Council concerns and reports. There were none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:52 p.m. on February 24, 2004. BUILDING STANDARDS BOARD - Two (2) vacancies with three-year terms to 3-03-07 representing the following categories: 1 - Member at Large and 1 - member from the following: realtor, architect, engineer, general contractor, homebuilder or building materials dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS Beverly Bacak (Member at Large), Chairperson Dan Hoffraan (General Contractor) William M. McGuire (Architect) Mary Esther Guerra (Attorney) Sue Corey (Member at Large) *Ike Spiker (Member at Large) *Rudy Garza (General Contractor) ORIGINAL TERMS APPTD. DATES 3-03-05 5-18-99 3-03-05 3-19-02 3-03-06 4-11-00 3-03-05 1-11-00 3-03-06 5-13-03 3 -03 -04 3 - 19-02 3 -03 -04 3 - 13 -01 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Ike Spiker (Member at Large) 3 2 Rudy Garza (Gen. Contractor) 3 3 % OF ATTENDANCE LAST TERM YEAR 67% 100% OTHER INDIVIDUALS EXPRESSING INTEREST David P. Amori Branch Manager, Professional Services Industries. Received B.S. in Civil Engineering and M.S. in Construction Management. Member of the AIA, CEC, ABC and ASCE. (Engineer) (1-29-04) Edgar Farrera Self-employed Architectural Consultant. Master's degree in Architecture from U.T. Austin. Peer Panel member of the Arts & Cultural Commission. Former Director of the Columbus Fleet Association from 1992-94. (Architect) (8- 01-01) D. RayJones Taylor Mauck James W. Rysauy James Robichaux Charles W. Schibi Clark Smith O. Wayne Watkins Project Manager, Fulton Coastcon. Received BBA and MBA from Corpus Christi State University. (Member at Large or General Contractor) (5-12-03) Project Architect, Island Architects, Inc. Received B.A. in Fine Arts with concentration in Architecture. Member of the Local Chapter American Institute of Architects. (Architect) (2-05-04) Quality Improvement Coordinator/Economic Analyst, Citgo Refinery. B.S. in Chemical Engineering, University of North Dakota. Member of the AICHE. (Member at Large) (3-08-22) Attorney/Shareholder, Matthews & Branscomb. B.B.A. and J.D., U.T. Austin. Member of C.C. Bar Association, Texas Bar Association and American Bar Association. Former adjunct professor of business law, C.C. State University. (Attorney) (3-14-02) President/CEO, Apex Engineers and Consultants. Receive A.S. in Industrial Education, Applied Science and Art and B.S. in Civil Engineering. Activities include: Board Chairman of the Light House for the Blind and American Society ofCivil Engineers. (Engineer) (2-08-04) Broker, The Village Realty. Received B.A. from Baylor University. Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (Realtor) (2-02-04) Owner/Developer, Self-employed. Attended Mercer College, Army Command and General Staff College and licensed as an Architect for the State of Texas. Army Colonel Retired USAR Single Family Homebuilder. (Architect) (2-02-04) COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE - One (1) vacancy with term to 8-31-04 representing the category of 78415 resident. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program, or their immediate family members~ may serve on the committee. An expiration date for this committee was set as August 31, 2004, unless funds for the program end sooner. MEMBER TERM Verla Gene Varino (78415 res.),Chair 8-31-04 Alfred Cardona (78415 Res.) 8-31-05 Dick Leonard 8-31-04 Lynda Jean Richter (78415 Resident) 8-31-04 Daniel Ramos 8-31-05 Andrea Walter 8-31-05 Coretta Graham 8-31-05 Cynthia Rodriguez (78415 ResidenO 8-31-04 *Emmelinda Figueroa (78415 Resident) 8-31-04 Erica Tello (Youth) 8-31-05 Brittani Booker (Youth) 8-31-04 ORIGINAL APPTD. DATE 9-12-00 1-20-04 4-25-00 8-19-03 12-16-03 8-21-01 4-29-03 12-17-02 8-27-02 12-16-03 12-16-03 *Resigned INDIVIDUALS EXPRESSING INTEREST Ellie Cardona Certified Nurses Aide. Attended high school in Long Island, New York. Received the Jefferson Award. Active member of the Parent Teacher Organization and the VIPS at Kostoryz Elementary School. (78415 ResidenO (1-14-04) Kimberly A. Riggans Assistant Principal, Tuloso-Midway Primary School. Received B.S. from Texas A & M - College Station and M.S. in Educational Administration from Texas A & M University - Corpus Christi. Activities include: Delta Kappa Gamma Society International for Womens Educators - Chapter President, Association for Supervision and Curriculum Development, National Association of Elementary Supervisors and Principals, and Sponsor of Cherub Choir and For Your Inspiration Youth Choir. (78415 ResidenO (2-23-04) c. CORPUS CHRISTI AREA CONVENTION AND VISITORS BUREAU BOARD - One (1) with term to 7-31-04 representing the category of At Large. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, or their designees, shall serve as additional non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS TERM Dave Prewitt (At Large), Chairman 7-31-05 Tom Schmid (Attractions), Co-Chair 7-31-04 Curt L. Broomfield (Restaurant) 7-31-06 Bert Quintanilla (At large) 7-31-05 Govind Nadkami (At large) 7-31-06 Jody Patel (Lodging) 7-31-05 Bill Goin (Attractions) 7-31-05 Patrick O'Boyle (Restaurant) 7-31-06 Vangie Chapa (Transportation) 7-31-04 Bill Morgan (Lodging) 7-31-04 Kevin Latone (Lodging) 7-31-06 *Linda Routh (At large) 7-31-04 Tomas Duran (At large) 7-31-06 John Trice (At large) 7-31-04 Dan Viola (At large) 7-31-05 Lillian Riojas (Port of Corpus Christi) Ex-Officio Dave Hamrick (CC International Airport) Ex-Officio Ann Vaughn (Coastal Bend Regional Toursim) Ex-Officio Mayor Ex-Officio City Manager Ex-Officio ORIGINAL APPTD. DATE 06-12-01 02-20-01 09-09-03 02-22-00 02-22-00 02-22 -00 02-22-00 07-22-03 07-22-03 05-16-00 07-08-03 02-22-00 12-10-02 02-22-00 05-08-01 *Resigned NOTE: Per the Convention and Visitors Bureau's agreement with the City, the Board is required to submit more names than vacancies. Therefore, the Board is recommending Liana Gonzales, Sandi McNorton and Debbie Wallace for consideration. INDIVIDUALS EXPRESSING INTEREST Gloria C. Aguilar Self-employed tax consultant. Community activities include: Campfire Girls VITA Coordinator for six years and Del Mar distribution for ten years. (At Large) (1-16- O3) Linda Avila Dean of Community Outreach, Texas A & M - University - Corpus Christi. M.Ed. in School Principalship and Ph.D in Educational Administration. Member of the Arts and Cultural Commission, Women's Shelter Board and the Regional Leaders Forum. (6-26-03) J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (At Large) (11-1s-o2) Edna Balboa Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (At Large) (6-19-01) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Pius X Church, Literacy Council and Chamber of Commerce. (RestauranO (2-16-00) Dale D. Berry Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (At Large) (1-24-02) Kent Byus, Ph.D. Associate Professor in the College of Business, Texas A&M-Corpus Christi. Ph.D. fi.om New Mexico State University and M.B.A. form Texas Tech University. Recipient of the Volunteer of the Year Award in 2000 from the Greater Muskegee Area Chamber of Commerce, Muskogee, Oklahama. Strategic planning consultant to Northeastern State University, Tahlequah, Oklahoma. (.,it Large) (10-18-02) Irene Chavez Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication fi.om St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (At large) (6-04-02) N. Foster Edwards CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class XI. (At Large) (7-02-03) Eddie Gamez Refinery Accounting Superintendent, Valero Refining Company. B.B.A. in Accounting from Corpus Christi State University. Licensed C.P.A. since 1982. Community activities include: Leadership Corpus Christi Class 31, Valero Volunteer Council President, and former member of Crime Control and Prevention District board of directors. (At Large) (10-28-02) A1 "Beto" Garcia Retired lab technician, CPC International. One of the founders of the Texas Jazz Festival, which promotes our city both nationally and internationally. Involved with the Texas Jazz Festival Society. (At large)(12-05-02) Herbie Garcia, Jr. President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS fi.om Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Work history includes Senior Planner with the City of Houston and Manager in Texas Governor's Office during the Ann Richards administration. (At large) (2-13-01) John Garcia Director of Sales and Marketing, Ramada United Airport. Ambassador with the Corpus Christi Chamber of Commerce and a member of the Harbor lights committee. (At Large) (9-03-03) Mary Garrett Rudy Garza, Jr. Guadalupe Gomez Liana E. Gonzales Gary Groesbeck Thomas J. "Tom" Hallick Sarah Hicks Britt Hinkle J.P. Jordan President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industry. Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(7- 02-03) Self-employed - Real estate. B.B.A. from Texas A&M - Corpus Christi. Member of the National Association of Purchasing Managers (At Large) 0-05-01) President, Laredo National Bank. B.B.A. in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza. (AtLarge) (7-02-03) Attorney, Self-employed. Received B.B.A. from University of Texas and J.D. from University of Texas School of Law. Activities include: Texas Employment Lawyers' Association, The Lakes Homeowners' Association and the Cattle Baron's Ball Table Sales Committee. (At Large) (2-26-04) Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) (2-18-00) Vice-President of Operations, Avis Rent A Car. Community activities include the following: SEA Board Member, Beefiest, Chamber of Commerce, and CCA State Board member. Recipient of the Volunteer of the Year Award from Chairmanship of Kids Place Addition. (At large) (6-25-02) Account Executive, Blanton Public Relations. B.A. in Communication Arts, Texas A&M University - Corpus Christi. Member of the Texas Public Relations Association, and the Texas Hill Country Wine and Food Festival Committee. (At ~Large)(4-09-03) General Manager, Continential Express. (Transportation) (7-22-03) Owner/Operator, Crystal's Restaurant. Received an Associates degree fi.om Del Mar College and attended Sandy Keiser Robert T. Lacy, Sr. Randy Lara Johll David (J.D.) McDowell Mary McQueen Ela'me Motl Corpus Christi State University and Texas A & I. Member of the Executive Board for Corpus Christi Crime Stoppers. Award the "Wall of Honor" fi.om Del Mar College and Padre Soccer Coach of the Year. (RestauranO (S-29-05) Sales Manager, Thrifty Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (Transportation) (2-10-00) Retired Ford dealer - 31 years. Community Activities include the following: Board member of Crime Stoppers and Beautify Corpus Christi. Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (At large) (4-09-02) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (7-02-03) General Manager, Outback Steakhouse. Works and assist in local charity events. Member of the Coastal Bend Restaurant Association. (Restauran0 (8-28-03) Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class X1V. Past distinctions include the following: three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU-USCC Student Leadership Award (1991). (7-02-03) (Attractions) President/Owner, E.M. Marketing Company. Extensive experience as an event producer including the following: Executive director of Harbor Lights Festival, Race Producer of Allen Samuels Chevrolet Powerboat Shoot- Out, and Event Producer for the U.S. Open Windsurfing Regatta. Member of the Corpus Christi Rotary Club, International Festivals Association and the American Advertising Federation. Recipient of Race Course of the Year Award in 2000.(At large) (6-27-02) Anna Mercado-Flores Sandi McNorton Frank "Rocco" Montesano Leanne Mulholland Corbett "Butch" Pool Z. Paul Reynolds Bill Richmond President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) (At Large)(3-02-02) Marketing Director, U.S.S. Lexington. Attended Del Mar College. Member of the Coastal Bend Regional Tourist Council, USO of South Texas, ADP/CPL Citizens Advisory Council, CVB Visitor Industry Council and Hotel Sales & Marketing Association. (At Large) (2-23- O4) Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (7-02-03) Program Coordinator, Texas A & M University - Corpus Christi. Member of Phi Thetta Kappa Honors Club, Corpus Christi Young American Bowling Alliance Board, King Softball Booster Club and volunteer with Cullen Middle School. (At Large) (2-02-03) Director of Domestic Operations, Neptune Fisheries. B.B.A. in Finance, Texas A&M University - Corpus Christi. Volunteers for Bayfest and the Junior League of Corpus Christi. (At large) (6-22-01) Assistant Director of the University Center, Texas A & M University - Corpus Christi. Received B.Ed., University of Texas and M.S. Ed. and Ed.D., University of Pennsylvania. Activities include: Association of College Unions International, National Association of Student Personnel Administrators, Paths of Courage and GLSEN Finance Committee Member. (AtLarge) (5-11-03) Senior Partner, Wienerschnitzel. Received B.S. from the Texas A & M University. Member of the CCCC Foundation, Leadership Corpus Christ and FOCUS. (RestauranO (1-08-04) Dr. Keith Rose Greg Salvo Bernard (BJ) Seal Clark Smith Marilyn K. Spencer Debbie Flores Wallace Curtis Weidner Self-employed physician. Owner, Katz 21. Received B.S. from Baylor University and M.D. from University of Texas Medical Branch. Member of the American College of Emergency Physicians and Physician liaison form SWAT Team. (RestauranO (5-04-03) Sales and Marketing, Delta Restaurant Supply. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (At large) (7°02-03) Owner, Bernard's Deli and Catering Services. Received a B.A. in Psychology and a minor in speech from Southwest Texas State University. Active in Little League. (RestauranO (7-21-03) Broker, The Village Realty. Received B.A. from Baylor University. Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (At Large) (2-02-04) Director of Centers for Academic Success & Advising, Texas A&M University-Corpus Christi. Ph.D. and M.A. in Economics. Professional and community activities include: Board of Directors of the Corpus Christi Area Council for the Deaf and President of the Southside Rotary Club. Research has included studies of state and local revenue and expenditure decisions, Hispanic labor force issues and local community consumer confidence. (At large) (12-05-02) Executive Director, Corpus Christi Symphony Orchestra. Received B.A. from Corpus Christi State University. Member of the Corpus Christi Chamber of Commerce Membership Committee, Boy Scouts, and the Distinguished Citizen Dinner. (At Large) (2-24-04) Case Manager, Communities in Schools. M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (At Large) (11-22-02) Megan M. Welch Office Manager, Moffitt and Associates, Inc. BBA in Management from Texas A & M University - Corpus Christi. Member of the Society of the Advancement of Management and the Society of Hman Resource Management. Volunteers with the American Cancer Society, Coastal Bend AIDS Foundation and Driscoll Children's Hospital. (At Large)(4-25-03) LANDMARK COMMISSION - Seven (7) vacancies with terms to 11-20-04, 11-20-05, and 11-20-06 representing the following categories: 1 - Historian, 1 - History teacher, 2 - Regular members, 2 - Architects, and 1 - Real Estate. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS TERM ORIGINAL APPTD. DATE *Deborah Douglas (Historian), Chairperson 11-20-03 ***Alan Belcher (History Professor), Vice-Chair 11-20-05 **Sharon Brower (Regular Member) 11-20-03 ***Geraldine McGloin (Regular Member) 11-20-04 ***Alan Wahlers (Architect) 11-20-04 ****Myron Grossman (Real Estate) 11-20-03 Richard Moore (History Teacher) 11-20-05 Susan Abarca (Title Search) 11-20-04 Bunny Tinker (Regular Member) 11-20-05 Kevin Maraist (Regular Member) 11-20-04 Elmon Phillips (Engineer) 11-20-05 Grandis Lenken (Real Estate) 11-20-05 Tom Kreneck (Regular Member) 11-20-04 David Blanke (Historian) 11-20-05 **Terry K. Off (Architect) 11-20-03 4-25-95 8-12-97 9-8-98 4-22-03 12-11-01 5-15-01 7-11-01 5-15-01 5-15-01 9-8-98 8-24-99 7-08-97 9-12-00 11-12-02 7-13-99 *Has met the six-year limitation and is ineligible for reappointment **Resigned ***Has exceeded the number of absences allowed by ordinance ****Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Myron Grossman (Real Estate) 10 7 % OF ATTENDANCE LAST TERM YEAR 70% (Note: The Landmark Commission is recommending realigning Bunny Tinker from Regular member to the Historian position. The Commission is also recommending the reappointment of Myron Grossman (Real Estate) and the new appointments of David Doyle Brown (Architect) and Jim Bright (Architect). OTHER INDIVIDUALS EXPRESSING INTEREST David Doyle Brown Principal, Ferrell, Brown and Associates. Graduate of the University of Texas, School of Architecture. Member of the AIA, Corpus Christi Chapter. (Architect or Regular member) (1-12-04) Michelle Geiger Sales/Business Development, First American Title Company. Attended the University of Southern California and Harvard University. Activities include: Junior League, Bayfest and Capital Club member of the Texas Real Estate Participation Action Committee. (Regular member) (2-24-04) Herb G. Morrison III Architect, WKMC Architects. Received a Bachelor of Environmental Design and Masters of Architecture from Texas A & M University. Member of the Corpus Christi AIA, Bayfest, American Cancer Society and Cattlebarons. Receipient of the Bayfest Sand Award. (Architect or Regular member) (2-26-04) Julia Nguyen Assistant Professor of History, Texas A & M University. Received B.A. from Mount Holyoke College, M.A. and Ph.D. from Louisiana State University. Member of the American Historical Association, Organization of American Historians, Southem Historical Association. (History Professor) (2-02-04) Nita Selby Owner, Selby Properties. Received Texas Real Estate Broker's License. Has been involved in the Women's Shelter, Columbus Ships volunteer and Museum of Science and History. (Real Estate or Regular member)(2-02-04) PeggyShifley Real Estate Broker/Owner, Century 21 Island Estates. Attended Del mar College and received Real Estate Training from Texas A & M University - College Station. Volunteers for various activities at Flour Bluff Independent School District in both sports and academics. Founding member of the Seashore Learning Center - Charter School. (Real Estate or Regular member)(1-29-04) Clark Smith Craig Thompson David Wallace O. Wayne Watkins Broker, The Village Realty. Received B.A. from Baylor University. Attended Corpus Christi State University and Del Mar College for continuing education in Computer Science and Real Estate. (Real Estate or Regular member) (2-02-04) Engineer, Naismith Engineering. Received B.S. in Civil Engineering. Participates as a Student Mentor for Lozano Elementary. President of the American Society of Civil Engineers. (Engineer or Regular member)(2-05-04) Broker/Owner, ERA Windward Properties. Received B.A. in Communications from Stephen F. Austin University. Awarded the Top 50 ERA Company Nationwide. (Real Estate or Regutar member) (1-27-04) Owner/Developer, Self-employed. Attended Mercer College, Army Command and General Staff College and licensed as an Architect for the State of Texas. Army Colonel Retired USAR Single Family Homebuilder. (Architect or Regular member) (2-02-04) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of 33 police package sedans in accordance with Bid Invitation No. BI-0030-04 from Champion Ford, Corpus Christi, Texas based on low bid for a total of $703,296. All units are replacements. Funding is available from the FY03-04 Capital Outlay Fund Purpose: These police package sedans will be used by the Police department for normal police work. Bid Invitations Issued: Nine Bid Invitations Received: Two Basis of Award: Low Bid Price Comparison: The City purchased thirty-seven police patrol sedans last year for a unit price of $21,294. The current price is $21,312. Maintenance Services 550020-5110-40120 Capital Outlay Item No. 60 $703,296 Mlcha~'~BX'a~era, C P~. Procurement & General Services Manager March 2, 2004 Bid Invitation No. BI-0030-04 Police Package Sedans Quantity: 33 each City of Corpus Christi Purchasing Division Bid Tabulation Unit Price Total Champion Ford Corpus Christi, Texas $21,312.00 $703,296.00 Crosstown Ford Corpus Christi, Texas $21,704.00 $716,232.00 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Unifirst, Corpus Christi, Texas for Police Uniforms, including 450 pairs of trousers, 525 shirts, and 40 jackets, in accordance with Bid Invitation No. BI-0073-03, based on low bid meeting specification for an estimated annual expenditure of $63,711.25. The term of the contract will be twelve months with 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 the Police Department in FY03-04. Purpose: The supply agreement covers the trousers, shirts and jackets wom by the Police Officers. The contractor is required to maintain a local stock of inventory and perform alterations at a local facility. Previous Contract: The previous contract was cancelled due to poor performance. Bid Invitations Issued: 15 Bids Received: 3 Price Analysis: When compared to the previous contract, pricing has increased by approximately 31%. The Police Department has been purchasing uniforms on the open market for the past twelve months from the recommended supplier. Although contract pricing will increase, the level of service and quality of the garments has improved substantially. Due to contract requirements to maintain a local stock of inventory and provide alterations at a local facility, the number of local suppliers is limited. Therefore, an award to Unifirst has been deemed to be in the best interest of the City. Basis of Award: Low Bid Meeting Specifications The City received a bid from 9MM Firearms and Accessories, Corpus Christi, Texas. However, their hid has been deemed as non responsive due to a conflict of interest on the part of the owner of the company. The owner of the company is the wife of a Corpus Christi police officer. Section 2-311 (20) of the City Code of Ordinances provides that an employee may not have an "interest" in a contract with the City. Sterling's Uniforms, San Antonio, Texas does not meet specification requirements regarding maintaining a local facility within the Corpus Christi city limit. Funding: {I .ft (~'~ 520040-1020-11800,11801,11810,11830 ...f~,~_ ~ / Total Micha~lXB arr era,X(/.l~.M. Procurement & General Services Manager Police Department 520040-1020-11700, 11711, 11720, 11730, 11740, 11790 $63,711.25 Date: 3/2/04 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI-0073-03 Police Uniforms Sterling's Uniforms Unifirst San Antonio, Texas Corpus Christi, Texas Unit I Extended Unit I Extended Item Description Qty. Unit Price Price Price Price 1 Trousers, Police Personnel Male 450 Pairs $64.35 $28,957.50 $70.85 $31,882.50 2 Trousers, Police Personnel Male 20 Pairs 64.35 1,287.00 71.50 1,430.00 3 Shirts, Police Personnel Male 525 Each 35.00 18,375.00 44.85 23,546.25 4 Shirts, Police Personnel Female 50 Each 35.00 1,750.00 44.85 2,242.50 5 Jackets, Police Personnel 40 Each 112.50 4,500.00 115.25 4,610.00 Totals $54,869.50 $63,711.25 NOTES The City received a bid from 9MM Firearms and Accessories, Corpus Chdsti, Texas. However, their bid has been deemed as non responsive due to a conflict of interest on the part of the owner of the company. The owner of the company is the wife of a Corpus Christi police officer. Section 2-311 (20) of the City Code of Ordinances provides that an employee may not have an "interest" in a contract with the City Steding's Uniforms, San Antonio, Texas does not meet specification requirements regarding maintaining a local facility within the Corpus Christi city limit. AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with the following companies, for the following amounts, for approximately 7,087 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI-0053-04 based on low bid for an estimated annual expenditure of $216,104.59. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. Hughes Supply San Antonio, Texas Ferguson Enterprises Corpus Christi, Texas Group I Group 2 Group 3 $163,119.10 $8,182.89 $44,802.60 Titan Pipe & Supply Corpus Christi, Texas Grand Total: $216,104.59 BACKGROUND: Purpose: The pipe repair clamps are stocked in the Warehouse and used by the Water and Wastewater Departments to splice and repair existing utility lines located throughout the City. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations issued: Twelve Bids Received: Three Price Analysis: When compared to the previous bid of 2001, pricing has increased approximately 7 %. Award Basis: Low Bid Funding: Mlcha~ Barrera, · Procureh~ent and, 119010-5010-00000 P.M. eneral Services Manager $216,105 BID TABULATION B1~)053-04 PIPE REPAIR CLAMPS & COUPLINGS CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO DATE: 3/2/04 1.0 FULL CIRCLE CLAMP COUPLINGS AND LEAK REPAIR CLAMPS IHughes Supply Ferguson Enterprises Titan Pipe & Supply San Antonio, Texas Corpus Christi, Texas Corpus Chdsti, Texas ~163,119.10 $185,146.61 $223,577.60 2.0 STEELCOUPUNGS Ferguson Enterprises Titan Pipe & Supply Corpus Chdsti, Texas Corpus Christi, Texas ~8,182.89 $9,577.50 Hughes Supply San Antonio, Texas $11,582,08 3.0 NON-SHEAR FLEXIBLE COUPLING Titan Pipe & Supply Hughes Supply Ferguson Enterprises Corpus Chdsti, Texas San Antonio, Texas Corpus Chdsti, Texas ~4,802.60 $48,966.59 $50,479.63 Page I of 1 6 AGENDA MEMORANDUM DATE:. March 2, 2004 SUBJECT: Fire Station No. 7 Moisture Control Repairs and Modifications (Project #5160) AGENDAITEM: Ordinance appropriating $49,940 from the Unappropriated Fund Balance of the No. 3160 City Hall CIP Fund; transferring to and appropriating in Public Health and Safety CIP Fund No. 3350 for Fire Station No. 7 Moisture Control Repairs and Modifications; amending Ordinance No. 025647 which adopted the FY 2004 Capital Budget by increasing appropriations by $98,880; and declaring an emergency. Motion authorizing the City Manager, or his designee, to award a construction contract to Sal-Con, Inc. of Corpus Christi, Texas, in the amount of $49,940.00 for Fire Station #7 Moisture Control Repairs and Modifications. ISSUE: This project is necessary to correct the interior damage to Fire Station No. 7 as a result of the undersized HVAC systems and corresponding humidity problems. FUNDING: Funds for this project are available from unappropriated fund balance in the City Hall CIP Bond Fund. RECOMMENDATION: Staff recommends approval of the motion as presented so a construction contract may be issued and necessary improvements may begin. '/~gel' R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Fire Station No. 7 Moisture Control Repairs and Modifications (Project #5160) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. October 30, 2003 - Administrative approval of a Contract for Professional Services to Roots / Foster Associates in the amount of $11,325 for the Fire Station No. 7 Moisture Control Repairs and Modifications project. FUTURE COUNCIL ACTION: Nothing anticipated to complete this project. PROJECT BACKGROUND: Fire Station No. 7 is a one-story structure typical of Corpus Christi Fire Station floor plan arrangements. The exterior wall has a heavy mil thickness polyethylene film vapor barder adhered to the interior face of the exterior block wall which is unusual for this type of construction in this area. Interior damaged has been sustained to this facility and repairs and modifications are necessary to correct the present damage and prevent costly future repairs. The problem with this facility stems from absence of attic ventilation due to the incorrect sizing of the two HVAC units located at the front and back of the building. Further problems have been caused from exterior walls not adequately moisture proofed and a dormitory being overcooled by oversized system. As a result, humidity problems have developed and are causing damage to interior walls and finishes. Failure to control the humidity may result in mold growth with resulting decontamination costs. The project will include the removal of decorative art glass at the front of the building, correction of the problem and replacement of the panel wall and opaque glass. PROJECT DESCRIPTION: The project consists of certain repair/replacement measures for existing deteriorated building elements to include, but not necessarily limited to: · Interior partition gypsum board; · Suspended acoustical ceilings and light fixtures; · Corrective measures to preclude further/future continuing problems; Exterior wall water repellent coating; · Window glass alteration; · Attic ventilation system and component HVAC systems replacement, all in accordance with the plans, specifications and contract documents. EXHIBIT "A" Page 1 of 2 BID INFORMATION: The project solely consists of a base bid. The City received proposals from three (3) bidders on February 18, 2004. (See Exhibit "C") The total bid pdces ranged from: $ 49,940 to $67,428. The Engineer's estimated construction cost for the project is $48,000. City staff, and the City's consultant Roots / Foster Associated, Inc., recommend that based on Iow bid and past satisfactory experience with projects of this type, that a construction contract be awarded to SaI-Con, Inc. of Corpus Christi, Texas in the amount of $49,940 for Fire Station No. 7 Moisture Control Repairs and Modifications. CONTRACT TERMS: The contract specifies that the project will be completed in 75 calendar days after the notice to proceed, with completion anticipated by June 2004. FUNDING: Funds for this project are available from unappropriated fund balance in the City Hall ClP Bond Fund. EXHIBIT "A" Page 2 of 2 FIRE STATION NO. 7 MOISTURE CONTROL REPAIRS AND MODIFICATIONS PROJECT BUDGET March 2, 2004 FUNDS AVAILABLE: IFiscal Year 2003 - 2004 CIP Budget FUNDS REQUIRED: ESTIMATED BUDGET 73,259.00 Construction Cost (Sal-Con, Inc.) $ 49,940.00 'Construction Contingencies 4,994.00 ~,E Consultant (Roots / Foster Associates) 11,325.00 Construction Inspection 2,000.00 Testing 1,250.00 Engineering Reimbursements 1,500.00 ~,dministrative Reimbursements 750.00 Incidental Expenses (Printing, Advertising, etc.) 1,500.00 Total ..................................................................................................... $ 73,259.00 EXHIBIT "B" J Page 1 of 1 TABULATION of BIDs DEPARTMENT OF ENGINEERING - CITY OF CORPUS cansrr, TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, February 18, 2004 TIME OF COMPLETION:75 Calendar Days Fire Station $7 Moisture Control Repairs a Modifications Project No. 5160 To furnish all labor and materials, tools, and necessary equipment, and to perform the work at the locations set out by the plans and specifications and in strict accordance with the contract documents for the project TOTAL BASE BID: Sal -Con Inc. DSSS Construction Inc P.O.Box 71771 P.O.Box 8313 C.C., TX 78467 C.C., TX 78468 UNIT PRICE AMOUNT UNIT PRICE = $49,940.00 I I $64.759.00 Elite Construction Co. 5414 Pressler C.C., TX 78413 UNIT 567.428.00 Pago 1 of 1 ENGINEER'S ESTIMATE: $48,000 UNIT PRICE I AMOUNT $0.00 File : \Mproject\councilexhibits\exh5160.dwg Son Patricio County ~ LOCATr_ON MAP NOT TO SCALE CITY PROJECT No. 5160 EXHIB~_T "0" CITY COUNCIL EXHIBIT ~ FIRE STATION #7 MOISTURE CONTROL OEP~R~E~T OF~~~,~E~R,~C SER.C~S REPAIRS & MODIFICATIONS PAGE: I Of 1 CITY OF CORPUS CHRISTI, TEXAS DATE: 02-26-2004 ~ ORDINANCE APPROPRIATING $49,940 FROM THE UNAPPROPRIATED FUND BALANCE OF THE NO. 3160 CITY HALL CIP FUND; TRANSFERRING TO AND APPROPRIATING IN PUBLIC HEALTH AND SAFETY ClP FUND NO. 3350 FOR FIRE STATION NO. 7 MOISTURE CONTROL REPAIRS AND MODIFICATIONS; AMENDING ORDINANCE NO. 025647 WHICH ADOPTED THE FY 2004 CAPITAL BUDGET BY INCREASING APPROPRIATIONS BY $98,880; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $49,940 is appropriated from the unappropriated fund balance of the No. 3160 City Hall CIP Fund. SECTION 2. That $49,940 is transferred from No. 3160 City Hall CIP Fund to and appropriated in the No. 3350 Public Health and Safety Fund for Fire Station No. 7 moisture control repairs and modifications. SECTION 3. That Ordinance No. 025647 which adopted the FY 2004 capital budget is amended by increasing appropriations by $98,880. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 27, 2004 Lisa Aguilar/"~~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor AGENDA MEMORANDUM DATE: March 2, 2004 SUBJECT: Change Order No. 1 for McGee Beach Renourishment (Project #3264) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the Seawall Reconstruction Project Contract B-2B with Gunther Nash Inc. of St. Louis, Missouri in the amount of $351,256 for the McGee Beach Sand Renourishment Project. ISSUE: This change order is necessary to provide structural support to the seawall section that will be reconstructed at the McGee Beach area. FUNDING: Funds for this project are available in the Seawall Capital Improvement Fund RECOMMENDATION: Staff recommends approval of the motion as presented so a construction contract may be issued and necessary improvements may begin. ( Director of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit"B' Change Order Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Change Order No. 1 for McGee Beach Renourishment (Project #3264) PRIOR COUNCIL ACTIONS: 1. November25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-347); 2. Mamh 24, 1998- · Motion authorizing the execution of a contract in the amount of $36,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084); · Motion to authorize award of a seawall condition assessment in amount of $386,000 to Shiner Moseley and Associates, Inc. (M98-085); · Motion to authorize execution of a Contract for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and · Motion to authorize execution of a Contract for Non-Destructive/Non-lnvasive Investigation Services for the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $86,210 (M98-087). 3. May 29, 2001 - · Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-208); and · Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory)for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-209). January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2002-022). 5. April 30, 2002 · Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123). · Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-124). EXHIBIT "A" Page 1 of 5 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-125). 6. October 29, 2002 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the Seawall Reconstruction Project B-2 (Part A and Part B) - (M2002-360). · Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361). 7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $84,748 for the Blucher Arroyo Storm Water Drainage Structure Condition Assessment (M2002-383). 8. March 4, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $140,400 for the design, negotiation, and construction administration for: · Repair of Blucher Arroyo Storm Water Drainage Structure, · Modification of the Seawall Area, Sidewalk and Curb Re-grading, Storm Water Collection, Drainage and Outfall for the Seawall Pilot and Contract B-I; and · Modifications to the Seawall Area Storm Water Outfall System at McGee Beach (M2003-091). 9. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $158,154 for Storm Water Collection and Outfall Lines Condition Assessment (M2003-227). 10.Au,qust 261 2003 - a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin Environmental, Inc. of Houston, Texas, in the amount of $4,219,200.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-302) b. Motion authorizing the City Manager, or his designee, to execute an engineering materials testing and inspection contract with Fugre South, Inc., in an amount not to exceed $37,240.00 for the Seawall Reconstruction Project Contract B-2, Part A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-303) c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 14 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,950,000.00 for design of Seawall Contract C (Marina Reach) and post construction underwater survey services for Contract B-2. (M2003- 304) 11. December 16, 2003- Motion authorizing the City Manager, or his designee, to execute a construction contract with Gunther-Nash, Inc. of St. Lewis, Missouri, in the amount of $9,900,080.58 for the Seawall Reconstruction Project Contract B-2, Part B, Power Street Outfall to Peoples Street. EXHIBIT "A" Page 2 of 5 12. January 13, 2003 - Motion authodzin~g the City Manage~r his desi~ignee, to execute a Testing Agreement with Fugro South, Inc. of Corpus Christi, Texas, in the $58,940 for the Seawall Reconstruction Project Contract B-2, Part B - Power Street Outfall to Peoples Street. 13. February 10, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,181,100.00 for design and construction phase services for the Seawall South Reach project (Contract D- Cooper Alley L-Head to South End of McGee Beach). 14. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTIONS: 1. June 8, 1998 - Award of Amendment No. I (additional testing) in amount of $13,470 to Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project; 2. February 11, 1999 - Award of Amendment No. I (Backwater Levee Gate Report) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. August 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; and 5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 12, 2002 -Award of Amendment No. 10 (Connection Capacity between New and Existing Pile Cap) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 7. June 10, 2003 - Award of testing contract for concrete evaluation of Pilot Program in the amount of $5,632.78 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 8. July 3, 2003 - Award of Amendment No. 13 (storm water condition assessment traffic control) in amount of $24,950 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 9. July 10, 2003- Award of Amendment No. 1 to a testing contract for concrete evaluation of Pilot Program in the amount of $10,301.73 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 10. July 31,2003 -Award of Amendment No. 2 to a testing contract for concrete evaluation of Pilot Program in the amount of $9,054.34 to Wiss, Janney, Elstner Associates, Inc. of Northbreok, Illinois. FUTURE COUNCIL ACTION: · Seawall Reconstruction Contract D (Coliseum to Holiday Inn). EXHIBIT "A" Page 3 of 5 PROJECT BACKGROUND: As part of the 1999 Seawall Investigation Report prepared by Shiner Moseley and Associates it was determined that the section of seawall in the McGee Beach aroa was to be strengthened only on the west (back) side due to the presence of the beach. In addition, specifically for the McGee Beach aroa, a substantial beach was required to be maintained in front of this section of seawall. The beach, if properly maintained, causes the forces that the seawall is subject to from a major storm event to be less severe than if no beach were present. The conceptual designs and budgets present in the 1999 report aro based on the premise that the beach is assumed to exist, in a substantial fashion, to reduce the forces that the seawall is exposed to. Increasing the width of the beach will assist in providing protection for longer duration storm events, where scouring of the beach may occur. On February 10, 2004, the final design contract for the Seawall Reconstruction project was awarded for the McGee Beach aroa from the Coliseum to Holiday Inn. As part of the design criteria for this segment of construction new steel front wall sheet piling is not being installed to keep costs within budget for this project. Therefore, it will be necessary to reinforce the existing beach area with additional fill material to provide stability to the seawall structure. This project will provide clean washed beach sand along the seawall at McGee Beach. Additional fill will renourish the existing beach with clean washed sand and provide required maintenance and protection of the seawall. It has been determined by the City's Bond Counsel, Jeff Leuschel, that seawall bonds funds could be utilized for sand purchase and installation due to the fact that a Professional Engineering firm has certified that the addition of sand to McGee Beach will contribute to stabilizing the seawall and extending the life of the repairs. CHANGE ORDER DESCRIPTION: The project consists of the installation of 12" thick cap of new sand on McGee Beach as per the plans and specifications. This work includes all labor, materials and incidentals to complete the required project. The contractor, Gunther Nash will place 19,173 tons of clean washed beach sand on the existing beach. This work will include: · Re-grading of approximately the top 12 inches of existing sand. The existing sand will be re-graded into the water within the limits of the permitted template; · Replacement with new sand within the existing limits, to be placed on top of the existing sand; · The new sand will be imported, beach quality, quartz4eldspar sand material; and · The new sand will be tested prior to site deliver for the proper sieve analysis and chemical screening requirements listed in the project specifications. The fill material will be provided by Saratoga Materials of Calallen, Texas; Access to the beach will be provided by a temporary haul road constructed over the existing seawall at the south end of McGee Beach. The haul route from the pit will be via 1- 37 to Crosstown Expressway, down Morgan and a short distance (< ¼ mile) north on Ocean Drive to the job site. Equipment on the job-site will include (2) bulldozers, (2) front end loaders, a water truck and tandem dump trucks. EXHIBIT "A" Page 4 of 5 PROJECT COMPLETION: Work on this project is anticipated to take approximately 6 to 7 weeks with the contractor working five (5) - ten hour work days per week. Work will begin after Spring Break at the end of March 2003. The project will be complete before May 21, 2004 in time for the City's Velocity Games. EXHIBIT "A" Page 5 of 5 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET February 25, 2004 PROJECT: Seawall Reconstruction Project- Contract B-2B Project No: 3264 APPROVED: City Council on 12/16/03 - Motion No. M2003-454 CONTRACTOR: Gunther Nash, Inc. Two City Place, Suite 386 St. Louis, MO 63141 Total Contract Amount ................................ 25% Limit Amount ........................................ Change Order No. 1 (2/24/04) ..................... Total ........................................................ $9,900,080.58 2,475,020.15 351,256.00 351,256.00 = 3.55% < 25% Exhibit "B" Page 1 of I File : \Mproject\councilexhibits\exh3264a. d~g  NUECES BAY .......... LOCATZON ~AP NOT TQ SCALE IEXTENTS ~ }~, ~ /~¢ VZCZNZTY MAP NOT TO SCALE PROJECT No. 3264 EXHZBZT "C" CZTY COUNCIL EXHZBZT SEA WALL RECONSTRUCTION PR~ECT CONTACT B-2B DEPARTMENT OF ENGINEERING SERWCES CHANGE ORDER NO. ~ FOR McGEE B~CH RENOURISHMENT PAGE: I o f 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 02-26-2004 AGENDA MEMORANDUM DATE: March 2, 2004 SUBJECT: Spur 3, Phase 2: Ennis Joslin-Ocean Drive / Alameda to South Padre Island Drive (Project No. 6062) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a Contract for Professional Services with ECMS, Inc. of Corpus Christi, Texas, in the amount of $60,000 for Spur 3, Phase 2: Ennis Joslin - Ocean Drive/Alameda to South Padre Island Drive Street Reconstruction Project for additional Construction Management and Inspection Services. ISSUE: This contract will provide for additional construction management and inspection phase services necessary to complete this project. FUNDING: Funds for this project are available in the Water and Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Eduardo Gara~a, P.E., Director of Water Services '~g~115,: Escobar, P. E., Director of Engineering Services Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUNDINFORMATION SUBJECT: Spur 3, Phase 2 Ennis Joslin/Nile Drive Project No. 6062 PRIOR COUNCIL ACTION: 1. November 6, 1992 - Resolution expressing the commitment of the City Council to constructJprovide funding for right-of-way acquisitions, utility relocations, and wetland mitigation for upgrading and reconstruction of Ennis Joslin Road. 2. November 18,1993 - Resolution authorizing the City Manager to execute an agreement with TXDOT relative to improvements to Spur 3, including Ennis Joslin Road. 3. July 16, 1996 - Motion authorizing the City Manager to execute a contract in the amount of $143,818 with Naismith Engineering, Inc. for engineering services associated with the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 4. October 28, 1997 - Motion authorizing the City Manager to execute a Participation Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and or installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2 improvements, the City's share of which will not exceed $217,000. 5. June 29, 1999 -Motion authorizing the City Manager to execute Amendment No. 3 in the amount of $19,050 to the contract for engineering services with Naismith Engineering, Inc. for the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive improvements. 6. February 29, 2000 - Resolution of Statement Expressing Official Intent to Reimburse Costs of Spur 3, Phase Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Drive and Nile Drive from Pharaoh Drive to Ennis Joslin Road. 7. February 29, 2000 - Ordinance appropriating $118,320 from the Unreserved Fund Balance in the Combined Utility Systems Fund; loaning and appropriating in the No. 3539 Street Capital Improvement Project 2000 (CO) Bond Fund for the City's share of the State's Spur 3, Phase 2 Improvement Project, to be reimbursed to the Combined Utility Systems Fund with interest; amending the FY 1999-2000 Budget, adopted by Ordinance No. 023702 by adding $118,320 to the Combined Utility Systems Fund; amending the FY 1999-2000 Capital Budget, adopted by Ordinance No. 023703 by adding $118,320 to the No. 3539 Street Program; and declaring an emergency. 8. February 29, 2000 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $6,039,661.98 for construction of the Spur 3, Phase 2 Improvements: Ennis Joslin Road from Ocean Drive to South Padre Island Drive and Nile Drive from Pharaoh to Ennis Joslin Road; and associated utility work. 9. June 12, 2001 - Motion authorizing the City Manager, or his designee, to increase the escrow amount as a result of higher bid prices than estimated and to execute Change Orders Nos. 10, 13, and 24 with the Texas Department of Transportation in the amount of $205,649.76 as part of the Spur 3, Phase 2 Ennis Joslin/Nile Drive construction contract in accordance with the Advanced Funding Agreement. i EXHIBIT "A" PRIOR COUNCIL ACTION (continued): 10. Various actions related to the acquisition of parcels required for street right-of-way and utility easements. PRIOR ADMINISTRATIVE ACTION: 1. December 17,1997 - Amendment No. 1 in the amount of $12,960 to contract for engineering services with Naismith Engineering, Inc. for services associated with a change order to the Bay, Inc. contract for Phase 1 improvements and design of a new dam at the Pharaoh Golf Course. 2. March 2, 1999 - Engineering agreement in the amount of $10,000 with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 1/Permit Application. 3. December 20, 1999 - Amendment No. 1 in the amount of $4,800 to the contract with Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights Permitting - Phase 2/Permit Application. 4. May 10, 1999 - Amendment No. 2 in the amount of $2,000 to contract for engineering services with Naismith Engineering, Inc. for services to coordinate GLO easement acquisition. 5. January 11, 2000 - Amendment No. 4 in the amount of $6,000 to the contract for engineering services with Naismith Engineering, Inc. for services associated with the TxDOT Logo and Copyright Information to Plan Sheets, 6. Au.qust 24, 2001 - Agreement with Pyle & Associates, Inc. in the amount of $11,000 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 7. October 31,2001 - Amendment No. 1 to the Agreement with Pyle & Associates, Inc. in the amount of $11,300 for professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys. 8. Various actions related to the acquisition of parcels required for street right-of-way and utility easements. FUTURE COUNCIL ACTION: 1. Additional change orders may be necessary as project proceeds to completion. 2. Additional construction inspection amendments may be necessary as project proceeds to completion. BACKGROUND. The engineering service contract includes claim management and full time inspection phase services. The City's responsibility for construction inspection of utility work is in accordance with the Advanced Funding Agreement. A request for full time inspection was made by TxDOT to expedite the progression of utility construction. It is necessary to amend this contract a second time due to TxDOT's determination that archeological explorations are due to the utility work and not the road work. Therefore it is the City's responsibility to have a representative present during all exploratory excavation. This contract will provide for an additional 8 months of Construction Management and Inspection Phase Services. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" 1 CONTRACT SUMMARY AMENDMENT NO. 3 TO A CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and ECMS, Inc. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Spur 3, Phase 2: Ennis Joslin - Ocean Drive/Alameda to South Padre Island Drive as authorized and amended by: Original Contract March 11, 2003 Amendment No. 1 October 24, 2003 Motion No. M2003-104 $60,500.00 Administrative Approval $ 22,440.00 Exhibit "A", Section 4. FEES, Part C. Summary of Fees is amended to read: PERIOD OF CONTRACT: The period of this contract amendment shall be eight (8) months unless amended by the City. CONTRACT AMOUNT: The contract amendment amount for the above professional services shall not exceed $60,000 unless amended by the City. The City will make monthly payments based on invoices submitted by the Engineer based on the following fee schedule: a)Services by the Engineer will be paid at $60 per hour. b) Services by the full time Inspector will be paid at $35 per hour. c) The total estimate fee for the Engineer is computed as follows: Contract and claims management 22 days @ 1 hrs/day @ $60/hr for 8 months .................. $10,560 d) The total estimated fee for the full time Inspector is computed as follows: 22 days @ 1 hrs/day @ $35/hr for 8 months .................. $49,280 The total contract amount is ........................................... $60,000 All other terms and conditions of the Contract and Amendments between the City and Consultant will remain in full force and effect. Exhibit B Page 1 of 1 r~le : \Mpro. lect\councflexhibits\exh6062, dwg CORPUS CHR~U BAY N SPUR J PROJECT LOCATION CAYO DEL OSO CITY PROJECT No. 6062 LOCATION MAP NOT TO SCALE EXHIBIT "C" SPUR 3, PHASE 2 : ENNIS JOSLIN- NILE DRIVE TO S.P.I.D. CITY OF CORPUS CHRISTI CITY COUNCIL EXHIBIT DEPARTklENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 02-25-2004 9 AGENDA MEMORANDUM DATE: March 2, 2004 SUBJECT: Construction Management Services for 2004 Capital Budget (Project No. #900(~4) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for construction management services in the amount of $688,840 with Anderson Group Construction Management, Inc. for various Capital Improvement Projects associated with the 2004 Capital Budget. ISSUE: The term of the current contract is expiring. The increased volume of capital improvement projects has made it necessary to extend the contract for construction management services for one additional year. FUNDING: Funds are available from Storm Water, Wastewater and Water ClP Funds. RECOMMENDATION: Staff recommends approval of the motion as presented. · Escobar, P. ., tor of Engineering Services Foster Crowell, Director of Wastewater Services Edua~d~ar~, P.E., Director of Watee Sd' vices V . Dir~,~r of Storm W~ ~r Services Additional Support Material: Exhibit "A" Background Information Exhibit "B' Contract Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Project Management Services for 2004 CIP Projects. PRIOR COUNCIL ACTION: January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction management services agreement in the amount of $72,800 with Anderson Group Construction Management, Inc. for various Capital Improvement Projects associated with the 2003 Capital Budget (M2003-053). July 8, 2003 -Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for construction management services in the amount of $187,200 with Anderson Group Construction Management, Inc. for various Capital Improvement Projects associated with the 2003 Capital Budget (M2003-246). February 101 2004 - Approval of the FY 2004 Capital Improvement Budget (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. July 25, 2003 - Award of Amendment No. 2 for construction field inspection services in the amount of $25,000 to Anderson Group Construction Management, Inc. FUTURE COUNCIL ACTION: Award of engineering design, materials testing and construction contracts necessary to complete various CIP projects. PROJECT BACKGROUND: Anderson Group was selected in 2003 to provide general construction management services. They had previously been selected for management services associated with major projects such as the CCIA Terminal Building, the Convention Center Expansion and Multipurpose Arena. The 2004 Capital Budget adopted provides for projects with an estimated cost in excess of $173 million. Many of those projects are under construction resulting in a sharp increase in actual expenditures during 2003 to $120.6 million. Engineering Services has been examining methods of ensuring the Council's initiatives are completed in an expeditious manner with the available resources. The 2004 Capital Budget represents a significant commitment to the future well being of the City. The additional construction management services to be provided by Anderson Group are necessary to help ensure the projects are propedy completed in a timely manner. PROJECT DESCRIPTION: This proposed contract includes construction management services for the various projects that are overseen by the City's Construction Inspection activity. The City Construction Engineer position is vacant despite continued recruitment efforts. Anderson Group is presently supplying one engineer and one inspector to address H:~HOME~KEVINS\GEN~CIP~.004~AGCMAwd BkgExhA.doc IEXHIBIT "A" I Page I of 2 the heavy work-load. The amendment will continue those services for an additional twelve months and add the services of a contract coordinator, one additional field inspector and a part time construction engineer. CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B". FINAL PRODUCT: This contract will result in additional construction management resources allowing better management of projects actually under construction. H:~IOME~KEVINS\GEN\ClP~004~AGCMAwdBkgExhA.doc CONTRACT SUMMARY AMENDMENT No. 3 CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES CORPUS CHRISTI CAPITAL IMPLEMENTATION PROGRAM Construction Contract Administration is amended and attached as Exhibit A-3. Section II.A Scope of Services, Basic Services, Construction Phase Services is amended to by the addition of II.A.9: 9. provide the services of one construction engineer, contract coordinator, two field construction inspectors, and one part time construction engineer when needed to provide to provide daily inspection and observation of public works projects. Section IV. Fee is amended to ~ad: IV. FEE Fee for Basic Services Authorized. The City will pay the Consultant an additional fee to not exceed $688,840.00 for field ~inspection for a restated not to exceed fee of $973,840.00 for providing services specified in Section II.A. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Consultant will submit monthly statements for basic services rendered. For services provided in Section I I.A the statement will be based upon the Consultant's record of total services actually completed at the time of billing. The basis of the billing will be the rates as set forth in Exhibit C-3. City will make prompt monthly payments in response to Consultant's monthly statements. Services provided by the construction engineer(s) and contract coordinator associated with Amendment No. 3 (Tasks II.A.9) will be invoiced at the rate set forth in Exhibit C-3 for a maximum 40 hours per week. Services provided by field construction inspectors will be invoiced at a maximum 40 hours per week provided that additional hours per week excess of 45 hours per week may be invoiced. The houdy rate is inclusive of all expenses including transportation. ~ummar foT Au[nonzea ~-ees. Task No. Description Total Fee OHginal Contract II.A I Construction Phase Services; $72,800 Amendment No. 1 I Construction Phase Services $187,200 Amendment No. 2 I Construction Phase Services $25,000 Amendment No. 3 I Construction Phase Services $688,840 II.A.9 Amended Total $973,840 Exhibit B Pa,qe 1 of 3 I EXHIBIT A Construction Contract Administration Provide the one construction engineer, contract coordinator, two field construction inspectors, and one part time construction engineer for approximately twelve (12) calendar months. The personnel wilt provide assistance to the City Engineer through the oversight of City construction projects. This wild include the general review of assignment of City construction inspectors, daily reports, and contractor progress in accordance with plans and specifications. Typical services will include: a. Attend pre-construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's key personnel. Establish communication procedures with City staff, City Engineer, City's design consultants and Contractor. b. Submit monthly reports of construction progress. Reports will descdbe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. c. Maintain a document control system designed to track the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Send contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals to the City's design consultants for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review contractor's application for payment and recommend payment in accordance with the procedures in the construction contract documents. e. Monitor contractors' compliance with minimum wage rate requirements as required by the construction contract documents. f. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents, including daily construction reports and tracking corrections of defective work. g. Provide a full time on-site representative to serve as project contract administrator and to observe the construction of the project to determine that the completed project will meet the requirements of the contract documents. Provide documentation of observations made while at the site. h. Assist in the transfer of and acceptance by the construction contractor of any City- furnished equipment or materials. i. Establish and administer quality assurance procedures in accordance with the construction contract documents. Notify contractors of non-conforming work observed. Take action to initiate corrective procedures for defective work, coordinate special materials tests and performance teSts needed to obtain a qualityproject. j. Review quality related documents~ provided by the contractor such as test reports, equipment installation reports or other documentation as required by the construction contract documents. k. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the City to determine the cost and time impacts of these changes. Prepare change/field order documentation for approved changes for execution by the City based on information provided by City's design consultants. I. Routinely examine the contractor's "as-built" drawings to determine that information appears to be recorded in an accurate and timely manner by the contractor as required in the construction contract documents. See that these drawings are provided to the City's design consultants at the completion of the project so they can revise the odginal construction drawings in accordance with the information furnished by the construction contractor to reflect changes made in the project dudng construction. I Exhibit B Page 2 of 3 m. Assist in project completion activities at the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies to be corrected by the contractor before final payment can be recommended. Assist the Cityin obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor. n. Permits, Insurance and Labor Affidavits - Consultant will monitor the progress of the contractor(s) in secudng required building permits, insurance, and labor affidavits. o. Contractor Construction Schedules - Consultant will review and familiarize itself with the detailed construction schedule of the contractors and sub-contractors within the framework of the Consultant's Master Schedule. p. Contract Administration, Construction Phase Procedures, and Scope of Services - Consultant will assist with coordination and communication among facility managers, Consultant, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of time, quality, and costs. q. Construction Site Meetings - Consultant will attend pedodic construction site meetings. r. Coordination of Other Independent Consultants - Consultant will assist the City Engineer with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. s. Removal of Asbestos or any other Hazardous Matedal - The Consultant will only provide assistance in coordinating removal work, if any, with other ongoing activities. The Consultant will not be responsible for performing any asbestos or hazardous matedal administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. The Consultant will not be responsible for any failure of contractor(s), sub-contractors, design professionals, asbestos/hazardous material firms, or other third parties to adhere to any regulatory requirements. t. Progress Payments - Consultant will make observations at the site and upon applications for payment by contractor(s), which will include certified payrolls, Consultant will review the payment request for accuracy and progress of the work and forward its recommendations concerning payment to City Engineer. u. Monthly Job Progress Report - Consultant will prepare a daily inspection report and a monthly progress report for submis{ion to the City Engineer, in wdting, on the status of job site progress. A copy of the report will be forwarded to the City Engineer, or his designee. Included in the reports will be Consultant's review of contractor's progress payment requests, a status report On all incomplete change orders, and an evaluation of the Program Master Schedule. '[he report will also discuss any disputes, conflicts, or claims relating to the project. The report will also note any actual or anticipated departures from the most recent pdor City-approved schedule of work. v. Change Order Control - Consultant will assist the City Engineer with change order(s). w. Shop Drawings - Consultant will familiarize itself with approved shop drawings for use dudng inspections. Shop drawings, as used here, will include vendor's drawings, catalog cuts, manufacturer's literature, samples, mock-ups and other materials submitted by contractor(s). Design professional(s) will be the responsible parties for technical review and approval of shop drawings including, where appropriate, shop inspections and releases. x. Claims - When requested, Consultant will assist the City Engineer with review the contents of any construction claim submitted. Exhibit B I Page 3 of 3 10 AGENDA MEMORANDUM DATE: February 20, 2004 SUBJECT: The Corpus Christi Chamber of Commerce S.E.A. Mixer Event AGENDA ITEM: Motion approving the application from The Corpus Christi Chamber of Commerce to temporarily close the following street section for the S.E.A. Mixer Event, March 4, 2004. The inside travel lane of Northbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m. Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. Southbound Shoreline Boulevard from Power Street to Palo Alto Street, exclusive of the median crossovers at Power Street and Palo Alto Street, beginning at 6:00 a.m., Thursday, March 4, 2004 through 12:00 midnight, March 4, 2004. ISSUE: The Chamber of Commerce S.E.A. Mixer Event necessitates the temporary closure of both northbound and southbound Shoreline Boulevard between Power Street and Palo Alto Street. The event Chairman for this event, Ms. Pam Arrendondo, has requested the above mentioned street section closures be approved by the City Council for this year's Chamber of Commerce S.E.A. Mixer Event. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. ~..~ngel R. Escobar, P.E. ' Director of Engineering Services Additional Support Material 1. Site Map EXHIBIT "1" PROPOSED STREET CLOSING SUBJECT: S.E.A. MIXER EVENT __--- ~ TEMPORARY STREET CLOSING LOCATION MAP I Traffic Engineering Div. I Engineering Services Dept. ~ 11 AGENDA MEMORANDUM March 2, 2004 SUBJECT: Street Lighting - Spur 3 - S.P.I.D. to Nile Project No. 6062 AGENDA ITEM: Motion authorizing the City Manager, or designee, to have AEP, at an Aid-to-Construction cost of $63,300, proceed with installation of streetlights, for Spur 3 between S.P.I.D. and Nile. ISSUE: Installation of street lights along this section of Spur 3 is necessary to comply with urban artedal illumination standards. FUNDING: Funding is available from the Street Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Ar~el'~ Escobar, P.E. Director- Engineering Services Date Attachments: Exhibit A - Additional Information Exhibit B - AEP Cost Estimate Letter Exhibit C - Location Map H:~OME~KEVINS\GEl~STREETS\SPUR3~St~eet~ights\Spur3LightingSPIDNileMemo.doc ADDITIONAL INFORMATION BACKGROUND: Spur 3 was constructed byTXDOT with City participation. Installation of continuous illumination is a City responsibility. Installation of streetlights is one of the last improvements installed on street projects. Spur 3 between S.P.I.D. and Nile is complete and ready for streetlight installation. PROJECT DESCRIPTION: This project consists of the installation of forty-seven (47) new 27,500 lumen high pressure sodium vapor street light fixtures. The fixtures will be installed on concrete and wood poles using overhead and underground circuits. The letter (See Exhibit B) from AEP/Central Power and Light incorrectly states that thirty-seven (37) lights are to be installed. They have verbally acknowledged that the correct number is forty- seven and the installation price is $63,300. CONTRACT INFORMATION: Street lights are installed and maintained by AEP/Central Power and Light on a "cost-sharing" basis. The City pays a not to exceed installation cost and operating costs. AEP/Central Power and Light retains ownership of the equipment and is responsible for maintenance. AEP/Central Power and Light has agreed to complete the installation for an estimated cost of $63,300.00. FUTURE COUNCIL ACTION: Council will be requested to approve installation of streetlights on Spur 3 between Nile Drive and Ocean Drive when construction is complete. RECOMMENDATION: Approval of the motion as presented. H:~-~OME~KEVlNS\GEN~STREETS\SPUR3\Streetlights\Spur3LighfingBkgExhA.doc IExhibit 'A' I Page 1 of 1 Central Power And Light Company PO. Box 2121 . Corpus Christi, TX 78403 2121 www aep corn January 15, 2004 Mr. C.J. Rodriguez Traffic Engineering Dept. City of Corpus Christi P.O. Box 9277 Corpus Cluisfi, Texas 78469 Subject: Spur 3 ( Ennis Joslin Rd.) Lighting Improvements South Padre Island Drive to Nile Drive Dear C.J., ~ ~w5~ The estimated Aid-to-Construction costs~et lighting improvements on Spur 3 (Ennis Joslin Rd.) from South ~/~dre Island Dr. to Nile Dr. is $63,300. Costs are based on the installation ofxq, d~q~-seven 27.5kl HPS street lighting fixtures mounted on concrete and wood poles with overhead and underground circuits. Three concrete poles and two wood poles were installed earlier during Sound Abatement Wall construction and the A.T.C. was applied to the poles only. The City is to provide an underground 2" conduit system with pull boxes as shown on City/TXDOT plans. AEP will need a letter of authorization from the City to proceed with the design and construction of Phase One. Phase Two, from Nile to Ocean Dr., will be installed as roadway construction is completed. Sincerely, Mike Hicks Tele: 985-3913 Fax: 992-8326 RECEIVED JAN g 0 2004 DIVISION IExhibit B Pa~e 1 of 1 ~ AEP: America's Energd, Partner ® File : \Mproject\councilexhibits\exh6062,dwg CORPUS CHRISTI BAY N SPUR 5 PROJECT LOCATION CAYO DEL OSO CITY PROJECT No. 6062 LOCATION MAP NOT TO SCALE EXHIBIT "C" SPUR 3, PHASE 2 : ENNIS JOSLIN- NILE DRIVE TO S.P.I.D. CITY OF CORPUS CHRISTI CITY COUNCIL EXHIBIT D£PAR~TOF ENGINEERING S~C~ PAGE: 1 of 1 DA~: 02-25-2004 12 AGENDA MEMORANDUM DATE: Mamh 2, 2004 SUBJECT: Club Estates Channel Improvements, Phase 1 (Project No. 2171) AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 with J. R. Thompson, P. E. for a total fee not to exceed $35,850 for Club Estates Channel Improvements, Phase 1. ISSUE: The proposed NE Amendment No. 2 is for additional Stage 2 Services and includes Basic Services and Additional Services for the required improvements. The total re-stated fee of $60,650 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~/ater Department ,~gel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUND INFORMATION SUBJECT: Club Estates Channel Improvements, Phase 1 (Project No. 2171) AMENDMENT NO. 2 PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the Capital Improvement Program FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. May 22, 2003 - Executed Small Agreement for AmhitectJEngineer Consultant Services with J. R. Thompson, P. E. in the amount of $5,400 for the Club Estates Channel Drainage Study. 2. February 13, 2004 - Executed Amendment No. 1 to the Small Agreement for ArchitectJEngineer Consultant Services with J. R. Thompson, P. E. in the amount of $19,400, for a total re-stated fee of $24,800. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: The severely steep side slopes of the Club Estates Channel from Sanders Street to its outfall at Schanen Channel are causing the banks of the channel to fail or collapse in numerous locations. The enclosing of a portion of the Club Estates Channel into an underground box culvert will reduce maintenance costs, protect adjoining property, and increase safety for the portions of the channel with border the adjacent Dawson Elementary School and public park. Corpus Christi Independent School District (CCISD) has requested that work performance along the CCISD school property be constructed during the summer months of June, July, August while school is not session, PROJECT DESCRIPTION: The scope of work includes Basic Services and Additional Services to improve the Club Estates Channel from Sanders Street to its ouffall at Schanen Channel as follows: BASIC SERVICES · Design Phase · Bid Phase · Construction Phase ADDITIONAL SERVICES · Survey Work EXHIBIT "A" [ Page 1 of 1 File : \Mproject\councilexhibits\exh2171.dwg LOCATION MAP NOT TO SCALE CITY PROdECT NO. 2171 EXHIBIT "B" CITY COUNCIL EXHIBIT ~ CLUB ESTATES CHANNEL Tt~PROVF~IFIVTR --..., --------...------,~, DEPARTMENT 0£ ENGINEERING SERVICES PHASE 1 PAGE: I of= 1 CITY OF CORPUS CHRISTI, TEXAS DATE: 02-26-2004. ~ 13 AGENDA MEMORANDUM March 2, 2004 SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134 Acquisition of Pamel 8 (Rivera) AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera in the amount of $43,000 plus $1,500 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 dghts for Parcel 8, being all of Lots 3 and 4, Block 4, H.E. Luter Partition, with street address of 2016 Marguerite 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 8 and have obtained a signed Real Estate Sales Contract from Mr. and Mrs. Rivera in the amount of $43,000. These owners will be displaced and are eligible for relocation benefits not to exceed $22,500. 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. Acting Director of Neighborhood Services 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. M Rivera~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134 Acquisition of Parcel 8 (Rivera) 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. I 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 Garoia 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 Sylvia B. Martinez in the amount of $57,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 7 in connection with the Garcia Arts Center Area Street Improvements, Phase 2. (Motion No. 2004-009) 8. January 27, 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 Exhibit A PROJECT BACKGROUND: The Garcia Arts Education Center, formedy the Hispanic Arts Center, is located at 2021 Agnes Street. Area street sections of 17"~ Street, 18~ Street, and Marguerite Street around the Gamia 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 between Agnes Street and Mary Street, Marguerite Street between 17~ Street and 18th 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 8 for the purchase of their property, which consists of two residential lots and a frame house. A purchase price of $43,000 has been agreed upon based on the high appraisal. The owners are also eligible for relocation benefits as described below. Their property, shown on Exhibit B, is the fifth of eleven parcels to be acquired. Two parcels involving displacement remain to be acquired. This contract will be escrowed at Stewart 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 pdor 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 pdce differential, mortgage interest differential, and incidental expenses in connection with a replacement home. The purchase price 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 \ exh61.~4.dwg  ~ PARCEL LOCATION LOCATION MAP N NOT TO SCALE .~'Parcel #8-: ~ ~ ..i.~. ,- -- ~~__ ~ ~ · '~ ' ,'~ · - ~,~~ . ,~ - ~7 ~ ~~ .., .... '..~ ~ ~. . VZCZNZTY MAP NOr TO SCALE PROJECT NO. 6134 ~[~[~ GAROZA ARTS CENTER STREET ZMPROVEMENTS CZTY COUNCZL EXHZBZT PHASE 2 '03s P~CEL ~8 MELESZO G. RZVE~ DEP~TMENT OF ENGINEERING SER~CES and YGNAOZA REYES RZVE~ PAGE: I of 1 Cl~ OF CORPUS CHRISTI, TEXAS DATE: 02/24/2004 CONTRACT SUMMARY Garcia Arts Center Area Street Improvements, Project # 6134 Parcel 8 This Contract is entered into by Melesio G. Rivera and wife, Ygnacia Reyes Rivera, of 2016 Marguerite St., Corpus Chdsti, Nueces County, Texas 78405, 'SELLER", and the City of Corpus Chdsti, 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: H.E.Luter Partition, Block 4, Lots 3 and 4. 2. Purchase Price - $43,000. 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. 5. All taxes to be paid by Seller, up to and including 2003. Taxes for 2004 will be prorated between Buyer and Seller. 6. Buyer agrees to deposit $500 Eamest 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. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. 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. 9. 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. Seller agrees to vacate the premises within 90 days from the date of closing. 12. Time is of the essence in closing this transaction. \\CLSTRI_USERS2_SERVER\USERS2~HOME\EUSEBIOG~GENV~genda Items\Garcia Arts, M Rivera\Contract Summary.doc Exhibit C 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 2, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Leonard Scott of Sandia, TX to provide consulting services and serve as Project Manager for the Automated Meter Reading (AMR) and Wireless Fidelity 0NiFi) project at a rate of $37.11 per hour. The contract shall commence March 6, 2004 and extend through March 6, 2006 and may be continued for two more years. ISSUE: The City contracted with Public Technology, Inc. to develop, implement and evaluate an automated meter reading and wireless broadband network pilot project. This is a new field and the City needs a person to manage this project. The Consultant, Leonard Scott is familiar with automated meter reading and has expertise in wireless broadband and in projects of importance to the City. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: 1. City Council approved a contract with PTI on October 28, 2003 to develop, implement and evaluate an automated meter reading and wireless broadband network pilot project. 2. City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003. FUNDING: Amount Budgeted $29,000 in FY 2003-2004 Source of Funds 5210-40400-530000 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke, P.E., Director of Information Technology Attachment: PROFESSIONAL SERVICES CONTRACT PROFESSIONAL SERVICES CONTRACT This Professional Services Contract (the "Contract") is made by and between the City of Corpus Christi, a Texas home rule city (the "City") and Leonard Scott (the "Consultant"). Whereas, the Consultant has expertise in projects of importance to the City; Now, therefore, the City and the Consultant agree as follows: 1. Services. The Consultant shall perform the following tasks: a. Serve as Project Manager for the Automated Meter Reading (AMR) and Wireless Fidelity (WiFi) for the City of Corpus Christi (the "Projects"). b. Represent the City, with the approval of the City Director of Municipal Information Systems, on the Projects as necessary to promote the Projects and the City. c. Perform the duties of a Business Unit Manager for the City's Municipal Information Systems Department. The duties are described on the attached Exhibit A. 2. Compensation. a. Dudng the first year of this Contract, the Consultant shall be compensated for services provided at the rate of $37.11 per hour (the "Houdy Rate"), not to exceed $68,288.00 for the first year (the "Maximum Contract Amount"). Beginning March 6, 2005, the Hourly Rate and the Maximum Contract Amount shall increase annually by five percent. b. The City shall reimburse the Consultant for reasonable out-of-pocket expenses incurred at the request of the City Director of Municipal Information Services ("Director") or upon advance approval of the Director. Any other expenses required to perform the Consultant's services shall be the sole responsibility of the Consultant. c. Consultant shall submit monthly statements for services authorized by Director and performed by Consultant. The statement shall contain an hourly itemization of Consultant's services during the billing period, and related expenses. City shall pay Consultant within 30 days of receipt of billing statements. 3. Compliance with Laws. The Consultant shall comply with all applicable federal, state and local laws. 4. Professional Standards: The Consultant's performance shall conform to the professional standards prevailing in the State of Texas with respect to the scope, quality, due diligence, and care of the services of the type to be provided under this Contract. 5. Independent Contractor. The Consultant agrees that his relationship to the City and work under this Contract is that of an independent contractor and not an employee of the city. 6. Assignment. The services to be provided under this Contract shall not be assigned without the written consent of the City, in its absolute discretion. Page 2 of 3 7. Entire Contract. This Contract contains all of the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. 8. Written Amendment. This Contract may be amended only by written instrument duly executed on behalf of the City and the Consultant. 9. Notices. All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when actually delivered or, if earlier, on the third day following deposit in a U.S. Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective party at the following address: 1) For the Consultant: Leonard Scott, 2802 FM 70, Sandia, Texas 78383. 2) For the City: Ogilvie Gericke, Director of Information Systems, P. O. Box 9277, Corpus Christi, Texas 78469-9277; or at such other address as the receiving party may have theretofore prescribed by wdtten notice to the sending party. 10. Third Parties. This Contract shall not bestow any rights upon any third party, but rather shall bind and benefit the City and Consultant only. 11. Potential Conflicts. Dudng the term of this Contract, the Consultant shall not accept employment for other clients which could be in conflict with the interests of the City. The parties agree that it shall not be a conflict of interest for Consultant, upon request of Public Technology, Inc., a consortium of local governments, to assist other cities in similar technology projects. Should a conflict of interest arise, the Consultant shall immediately contact the City Attomey for a determination of whether representation of another client would create a prohibited conflict. 12. Indemnity. The Consultant shall exonerate and indemnify and hold the City, its officers, employees, and representatives harmless from and against any and all liability, loss, cost, expense, damage, claims or demands on account of injuries, including death, to the Consultant, his employees, or third parties arising out of or resulting in any manner from or occurring in connection with performance of service under this Contract by the Consultant. 13. Term. Upon execution of this Contract by both parties, the term of this Contract shall commence March 6, 2004 and extend through March 6, 2006, subject to annual appropriation of funds. The term of this Contract may be continued by the parties for two more years, or on a month-to-month basis as needed, subject to appropriation of funds. '14. Appropriation of Funds. This Contract is subject to annual appropriation of funds by the City. The parties recognize that continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31, is subject to appropriations and budget approval providing for covering the contract item as an expenditure in the budget. If this contract is not a budgeted item for any City fiscal year, this contract shall terminate on July 31 of the last fiscal year for which contract funds were budgeted. If any of the Projects are not included as a budgeted item for any City fiscal year, this contract shall terminate on July 31 of the last fiscal year for which the Project funds were budgeted. LEG-DIR~Lisa~2400',Feb 2004 LScott Prof Svc Agmt.doc Page 3 of 3 15. Waiver. No waiver of any breach of any term, or condition of this Contract shall be construed to waive any subsequent breach of the same term or condition. 16. Termination with cause. City shall have the right to terminate this Contract at any time for cause by providing written notice to Consultant. The phrase "for cause" shall mean but not be limited to the following incidents: a. Any material breach by Consultant of the terms and conditions of this Contract. b. Disclosure by Consultant of any information known by Consultant to be confidential information of the City or of a company proposing solution to the Projects. c. Non-appropriation of funds for this Contract. d. Non-appropriation of funds to continue any of the Projects. 17. Termination without cause. City shall have the dght to terminate this Contract at any time without cause upon providing thirty days written notice. If the City terminates this contract without cause, the City shall pay Consultant the difference between the Maximum Contract Amount and the amount paid to Consultant as of the date of termination for the then-current contract year. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager Date: Approved as to legal form this the Lisa Aguilar Assistant City Attorney for City Attorney day of February, 2004 LEONARD SCOTT LEG-DIR~isa~400~Feb 2004 LScott Prof Svc Agrnt.doc Managerial Mll Department of Information Technology Exempt Position Emergency Service Position JOB TITLE: Manager - Business Applications and Databases & Information Sharing PURPOSE OF POSITION: Under general supervision, manages the business applications and databases & information sharing business units. Develops a long range business plan, determines assignments of projects, prepares budgets, and evaluates and plans for future needs of these business units. And, on rotational basis, represents the department in absence of the Director. JOB TASKS: The Essential Functions assigned to this position are necessary for the benefit of the general public during an emergency situation, and the incumbent in this position will be required to wo~ dur~n, g the Essential Services Phase of the City of Corpus Christi's Bad Weather Policy unless a watver is requested and granted. ESSENTIAL FUNCTIONS: Manages the business applications and databases & information sharing units by: · creating clear and visible values, goals and objectives selecting data and information to be included in data and information base · assuring the reliability, timeliness and access of applicatious, data and information · developing and implementing short-and long-term strategic plans · providing environment for employees to develop and realize their full potential · designing and implementing a systematic approach to assure the quality of services provided · examining quality of services provided and services/products furnished by contractors/vendors · determining customer needs, setting service standards, resolving complaints and using complaints to improve service Provides technical assistance to the business units by: · preparing the budget, monitoring spending and reimbursements, and ensuring compliance with all applicable laws and regulations · researching and developing work standards, techniques and procedures · writing specifications for the procurement of material and equipment · contacting vendors and evaluating bids · developing plans and providing cost estimates Initiates and assists with the development of plans and strategies for deployment of core information infrastructure. When assigned, performs the duties of special project coordinator: plans; budgets; coordinates resources; and manages special projects. .Designs and implements employee training and development programs. Serves as a resource In administering personnel policies, including evaluation, selection and disciplinary processes. Represents the Department in absence of the Director at City Council, state, community and other meetings. Establishes and maintains liaison with government agencies and other city departments. PHYSICAL FACTORS: Required to sit at a desk for 4 to 6 hours a day when writing or using a personal computer; simple grasping and fmger manipulation to write reports and perform computations; good hearing and distinct speaking to communicate; occasional lifting or carrying up to 10 pounds; and acuity of vision 20 inches or less. ENVIRONMENTAL FACTORS: Works in an air Conditioned indoor environment. May occasionally be exposed to extreme weather (heat, cold, rain, wind). Travels occasionally through the City to different job sites. · VEHICLES, MACHINERY, EQUIPMENT, TOOLS, TECHNOLOGY USED TO DO THIS JOB: Requires the use of personal computers, various software packages (including: Power Point, MS Word, Windows, data base and spread sheets) and personal vehicle. KNOWLEDGE, SKILLS, ABILITIES: Knowledge of applications supporting business processes. Generalkaowledgeofall business processes supported. Generalknowledgeofsystems analysis techniques, data structures and the City's data architecture. General knowledge of database, reporting, and data browsing tools used by the City. Excellent skill in team leadership, personnel management, resources and budget management (including work planning and backlog management); skill in cost analysis and contract administration; skill in dealing effectively and courteously with employees, the public and outside entities. Ability to prepare and read plans; and to use computer based managing systems. MINIMUM QUALIFICATIONS: Degree in related field with at least six (6) years experience in business applications, database development and access (spatial and non-spatial), data backup, data architecture, and Internet site development. Or, any equivalent combination of education, training and experience. Continued Page 3 LICENSES, CERTIFICATIONS REQUIRED BY ESSENTIAL FUNCTIONS: A valid Class "C" Texas Drivers License. The City of Corpns Christi shall verify the driving record of the finalists for this position with the Texas Department of Public safety. Failure of an applicant to meet the following minimum driving record standard will result in disqualification form consideration of initial employment, or promotion to any position with the City of Corpus Christi, which requires driving City vehicles. 1. A total of more two or more moving violations and/or accidents on his/her Texas DPS Motor Vehicle Driver's Record within one year of the date of his/her application, or a total of three or more moving violations and/or accidents in tluce years; and/or, 2. An applicant who has a Driving While Intoxicated (DWI) conviction within thee years of the date of his/her application. MARGINAL (NON-CRITICAL) FUNCTIONS: None (Prepared by MIS Department; Approved by Human Resources Department; July 30, 2001) APPROVED: Ogilvie F. Gericke, P.E. Director, DIT Cynthia C. Garcia Director of Human Resources 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/0212004 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSofi USA, Inc. of Pleasanton, California in the amount of $252,032.16 for twelve (12) months PeopleSofi soft'ware maintenance for Asset Management, Accounts Payable, Benefits Admin, budgeting, General Ledger, Human Resources, Inventory, Projects, Purchasing, Payroll, Time & Labor Public Sector software based on sole source. b. Motion authorizing the City Manager or his designee to approve a Renewal for Standard Maintenance with PeopleSofl USA, Inc. of Pleasanton, California in the amount of $38,740.00 for twelve (12) months PeopleSofi software maintenance for eDevelopment, eCompensation, eBenefits, eProfile, eRecruit, ePay software based on sole source. ISSUE: PeopleSofi USA, Inc. has submitted two invoices #USA0080812 and #USA0080813 for Renewal Standard Software Maintenance and Support Fees pursuant to the terms of the License Agreement. Support is for the period 03/25/2004 through 03/24/2005. PeopleSofl USA, Inc. is the sole provider of this licensing and technical support. According to Local Govemment Code 252.022(a)(7)(D), these are sole source procurement. BACKGROUND: On March 24, 1998, City Council authorized the purchase of PeopleSofi Human Resources, Benefits Administration, Payroll, Time & Labor, General Ledger, Payables, Purchasing, Asset Management, Projects, Budgets, Inventory, and SQR. Licensing and technical support for the PeopleSofi applications were included in that purchase. Since this original purchase PeopleSofl has enhanced their offerings to take include web-based applications. The six web-based modules up for support renewal, eDevelopment, eCompensafion, eBenefits, eProfile, eRecruit, and ePay were made available to the City at no initial cost in March 2002. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: Council approved Renewals for Standard Maintenance for the previous fiscal year. FUNDING: The total cost of $290,772.16 will be funded from the MIS Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staffrecommends approval of motions as requested. Ogilvie Gericke, Director of MIS 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 2, 2004 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an interlocal governmental agreement with Texas A&M University - Corpus Christi, (TAMU- CC to participate and oversee quality checking, data collection and data processing of the City's cadastral base maps. ISSUE: The City of Corpus Christi developed a basemap of known accuracy and adjustments are routinely needed to improve and refine this basemap. Texas A&M University - Corpus Christi, in particular Dr. Stacey D. Lyle and Dr. Gary Jeffress assisted us in the past and they are familiar with our needs and well versed in the art of basemap adjustment. REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PREVIOUS COUNCIL ACTION: The City Council approved the GIS basemap adjustment contract with the Thompson Professional Group on May 8, 2001. FUNDING: Amount Budgeted $22,000 Source of Funds 5210-40470-530000 CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this intedocal agreement with Texas A&M University - Corpus Christi. Ogilvie F. Gericke, P.E. Director of Information Systems Attachment: GIS Research Project Agreement January 23, 2004 INTERLOCAL AGREEMENT for GIS Research Proiect Texas A&M University-Corpus Christi and Ci~, of Corpus Christi This Interloeal Agreement is made by and between the City of Corpus Christi (the City) and Texas A&M University - Corpus Christi,(TAMU-CC), a component of The Texas A&M University System, an agency of the State of Texas pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The parties agree as follows: 1. Statement of Services to Be Performed By TAMU-CC. Dr. Stacey D. Lyle and Dr. Gary Jeffress of the Geographic Information Science Program, Texas A&M University- Corpus Christi will participate and oversee quality checking, data collection and data processing of the City's cadastral base maps. Dr. Lyle and GIS degree students will assist the City Surveyor and City GIS Group to collect and inspect spatial data via GPS on a miniraum of 50 property monuments in areas throughout the City in which there are spatial inaeeuracias. Dr. Lyle and Dr. Jeffress will determine the best method to make the final adjustments to portions of the City basemap utilizing the GPS data and will make said adjustments on a subdivision by subdivision basis as required. Throughout the project, GPS and adjusted basemap data will be delivered to the City for each area as completed. All field work will be complete and final results and report will be submitted to the City by September 1, 2004. 2. Contract Amount. City shall pay TAMU-CC twenty-two thousand dollars ($22,000.00) for services provided by TAMU-CC under this Agreement, as itemized in Budget below. TAMU-CC shall be responsible for paying its costs listed in the budget below. Any payment made by either party for the services provided in this Agn~ment shall be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. City shall pay TAMU-CC filq:y percent of the contract price, $11,000.00, at the beginning of the project and fifty percent of the contract price at the end of the project. 3. Term of Contract. This contract shall begin on March 1, 2004 and shall remain in effect until November 1, 2004. This Agreement shall take effect upon date of last signature. Dr. Stacey D. L¥1e, Dr. Gary Jeffress Two Research Assistants & Benefits Travel Equipment Total City of Corpus Christi GPS Equipment 10 months ~ $1,000/Month Computer Cost 10 months ~ $350/Month ESRI Sofl3vare 10 months ~ $50/Month Total Cost Sharing $12,000 $7,500 $1,000 $1,500 $22,000 $10,000 $3,50O $500 $14,000 5. Dispute Resolution Process. (a) The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by TAMU-CC and City to attempt to resolve any claim for breach of contract made by City: (b) A claim for breach of this Agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, City shall submit written notice, as required by subehapter B, to the other party by and through the appropriate individual designated to receive notice under this agreement. Said notice shall specifically state that the provisions of Chapter 2260, subehapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TAMU-CC and City otherwise entitled to notice under the Agreement. Compliance by City with subehapter B is a condition precedent to the filing of a contested ease proceeding under Chapter 2260, subchapter C, of the Government Code. (c) The contested case process provided in Chapter 2260, subehapter C, of the Government Code is City's sole and exclusive process for seeking a remedy for any and all alleged breaches of the Agreement by TAMU-CC if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. (d) Compliance with the contested case process provided in subehapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by TAMU-CC nor any other conduct of any representative of TAMU-CC relating to the contract shall be considered a waiver of sovereign immunity to suit. (e) The submission, processing and resolution of City's claim is governed by the published roles adopted pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. (f) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by City, in whole or in part. (g) The designated individual responsible on behalf of TAMU-CC for examining any claim or counterclaim and conducting any negotiations related thereto as required under {}2260.052 of H.B. 826 of the 76t~ Texas Legislature shall be Judy Harral, Director of Purchasing. (la) Dr. Lyle and Dr. Jeffress shall have the right to disperse the monies as necessary for the completion of the contract. 6. Severability. If any term, covenant or condition contained in this Agreement shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either TAMU-CC or the City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. 7. Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and them are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 8. Written Amendment or Modifications. Unless otherwise provided herein, this Agreement may be amended or modified only by written instrument duly executed on behalf of each party. 9. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City TAMU-CC George K. Noe City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 Dr. Robert R. Furgason President Texas A&M University- Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 10. Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 11. Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or TAMU-CC or any officer, agent or employee of TAMU-CC. 12. Warranty. This Agreement has been officially authorized by the governing body of the City and TAMU- CC, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 13. Administrative Services. The City and TAMU-CC agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 14. Validity and Enforcement. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a party of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continues in full force and effect. 15. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 16. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of either party or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 17. Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes any and all prior Agreemem between the parties, whether written or oral, relating to the subject of this Agreement. IN WITNESS HEREOF, the City and TAMU-CC have made and executed this Agreement in multiple copies, each of which is an original. City of Corpus Christi Texas A&M University - Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 George K. Noe, City Manager Date: Attest: Armando Chapa City Secretary Approved as to form: ~f;1 '~, 2004 Assistant City Attorney for City Attomey Dr. Gary Jeffress Professor of GIS 361-825-2720 Dr. Stacey Lyle Assistant Professor 361-825-3712 Dr. Harvey Knull Dean of Graduate Studies and Associate Vice President of Research Date: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY - CORPUS CHRISTI TO PARTICIPATE AND OVERSEE QUALITY CHECKING, DATA COLLECTION AND DATA PROCESSING OF THE CITY'S CADASTRAL BASE MAPS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an interlocal cooperation agreement with Texas A & M University-Corpus Christi to participate and oversee quality checking, data collection, and data processing of the City's cadastral base maps. A copy of the agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 27, 2004 By: ~..4~. p~,~-~ Lisa Ag uil~.r.) Assistant City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 2 March 2 2004 TAMU CC Interlocal,doc 17 AGENDA MEMORANDUM Date: February 26, 2004 SUBJECT: Compressed Natural Gas Fueling Facility Environmental Programs Gas Department AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit a State Energy Program grant application to the Texas State Energy Conservation Office in the amount of $150,000 for a compressed natural gas fueling facility at the Maintenance Service Center, with a city match orS 258,500.00 out of the Gas Commercial Paper Fund 4550, for total project costs of $408,500.00. ISSUE: The State Energy Conservation Office (SECO) issued a Request for Proposals for the 2004 State Energy Program grants from the US Department of Energy (DOE). The City of Corpus Christi Gas Department proposes to apply for a $150,000 grant under this program to construct a Compressed Natural Gas (CNG) Fueling Facility on City property at the Maintenance Service Center. FUNDING: Up to $150,000 would be awarded by the DOE grant through SECO. The City match of $258,500 to complete the project will be allocated out of Fund No. 4550, Gas Commercial Paper. RECOMMENDATION: Staffrccommcnds approval of the motion as presented. C. Ki~ McGhire Director, Office of Environmental Programs David Flores Acting Superintendent, Gas Department Attachments: Department of Energy Grant Solicitation BACKGROUND INFORMATION Subject: Compressed Natural Gas Fueling Facility Project Description: The US Department of Energy (DOE) is soliciting grant proposals from the states for alternative fuel projects. The State Energy Conservation Office (SECO) is administering that program for the State of Texas. The City of Corpus Chdsti Gas Department proposed to apply for a $150,000 grant to construct a Compressed Natural Gas (CNG) facility at the Maintenance Service Center. The purpose of the CNG fadlity will be to service City vehicles capable of operating on CNG. CNG is a cleaner burning fuel than gasoline or diesel, and the City, in its desire to maintain good air quality, has been purchasing vehicles that utilize CNG. The facility would be accessible to the public. A goal of the Gas Department is to increase the number of vehicles in Corpus Christi capable of utilizing CNG. A key facet of that program is the ability of potential customers to have ready access to CNG fuel. Construction of this facility will provide that access. Prior Council Action: None Future Council Action: Approval of the grant contract, if awarded, as the grant amount e)ceeds $25,000. ATTACHMENT CLEAN CITIES REFUELING INFRASTRUCTURE DE-PS26-04NT42068- 0lB: ESTIMATED FUNDS AVAILABLE: $1,800,000 ESTIMATED NUMBER OF PROJECTS: 7 - 12 FUNDING CEILINGS/EXPECTED RANGE OF FUNDING: $150,000 or $250,000 for "cluster" projects. A "cluster" project contains a minimum of three commercial or "mini- fast-fill" refueling installations in a specific geographic area or ten or more residential/home refueling devices in the same region. COST SHARE: 30% non-Federal cost share with 50% of this amount in cash BACKGROUND AND OBJECTIVES: The goal of the U.S. Department of Energy's (DOE) Clean Cities program is to accelerate the development of a sustainable alternative fuels market through public/private Clean Cities partnerships formed around the country. The program will continue to provide funds to State Energy Offices for Special Projects to support Clean Cities' alternative fuels and petroleum reduction through the development of infrastructure, niche markets, idle reduction technologies, and strategic alliances between the Federal, State and local government partners and private sector Clean Cities stakeholders. The Clean Cities program is offering funding to help ensure that local Clean Cities coalitions are vibrant, active coalitions enabling fleet customers to increase their use of AFVs. This sub-solicitation for refueling infrastructure is interested in projects that promote AFV infrastructure development. Proposals must include the Clean Cities Cover Sheet (Exhibit 1) which summarizes significant proposal elements. Note: Projects requesting funding assistance for both vehicles and related fueling infrastructure must be submitted as separate proposals under two sub-solicitations Niche Markets and Refueling Infrastructure. Each proposal should cleady reference the other in order to assure proper consideration. PROJECTS REQUESTED/AREA OF INTEREST Infrastructure projects can include new dispensing facilities, or additional equipment or upgrades and improvements to existing AFV refueling sites. Funding can be used to purchase equipment or to pay for specific turn-key fueling services by qualified AFV fuel providers. Project proposals should include the fuel type, estimated fuel use sales (i.e. fuel quantity based on fleet commitments, not the total capacity of the station), and the projected number of AFVs that will use the facility. Whenever possible, identify actual fleets that have pledged to use the sites and attach letters of commitment to that effect. Projects that include fleet commitments for fuel purchases at the fueling site will be ranked higher. Extra consideration will be given to refueling sites that have shared fleet or open (public) access provisions. Projects that include card lock systems must utilize a universal reader technology and, whenever possible, support station networking protocols already established in the region. Refueling sites that contribute to an infrastructure corridor development plan or regional strategy are desirable and should be cleady noted. Also desirable are refueling stations which will provide alternative fuels to EPAct-covered (Federal, State, and fuel provider) fleets. These fleets should be identified. Each refueling site location must be identified and applicants must submit a project implementation plan that includes a proposed construction schedule, a discussion of permitting requirements, and environmental assessment needs. The applicant has one year after the award date to complete local permitting requirements or DOE funds will be de-obligated. In this category, the Clean Cities is interested in providing a maximum of $150,000 per project. Projects that include multiple fuel types (i.e. propane and E- 85) at the same location must provide evidence of essential support from each fuel provider for each fuel type being proposed, in addition to evidence of fleet commitments. Additionally, Clean Cities is interested in providing a maximum of $250,000 per project for "cluster" refueling infrastructure projects. A "cluster" project contains a minimum of three commercial or "mini-fast-fill" refueling installations in a specific geographic area or ten or more residential/home refueling devices in the same region. Projects proposing home refueling systems will be required to show technical oversight by a project manager who will collect and report fuel use and customer satisfaction survey data to the appropriate DOE Regional Clean Cities office on March 30 and September 30. The home refueling systems can only be used to refuel licensed conventional on-road AFVs (golf cads, fork lifts, novelty vehicles, and neighborhood vehicles are not eligible). Full production facilities are not eligible. Note: Depending on the number and type of proposals that are received related to hydrogen powered vehicles, Clean Cities may decide to evaluate hydrogen projects separate from other alternative fuel technologies, while using the same evaluation criteria described in this sub-solicitation. EVALUATION CRITERIA: Proposals submitted will be evaluated and ranked by the following criteria: 1. Probability of project success based on the technical feasibility of the project, thoroughness of project implementation plan, identification and qualifications of appropriate team members, and quality of supporting documentation (i.e. fleet and financial letters of commitment, letters identifying site locations, letters with equipment bids information.) (35 points) 2. Energy security benefits as indicated by the estimated amount of fuel dispensed at alternative fuel refueling stations introduced as a result of this project. (30 points) Probability of project success, as indicated by coalition and partner(s) past performance as reflected in previous project final report and the WinSaga data base. The proposal should demonstrate that the team has sufficient expertise and experience to bring the project to a successful conclusion. Grading factors will include: successful prior project management experience with significant infrastructure deployment results, prior AFV related grant implementation success; and consistency with previously documented coalition goals, and completeness of 2002 Clean Cities Annual Survey. (10 points) 4. Extent to which project will contribute to a sustainable alternative fuel market and potential for future growth without additional Federal funding. (10 points) Greater cost share participation or cash equivalent contribution than what is required. Financial investment and active participation from other coalition stakeholders and partners are strongly encouraged. (10 points) Visibility of project activities - probability of increasing awareness and acceptance of alternative fuels and AFVs among target sectors in the local community including, but not limited to, current stakeholders, fleet operators, media, and the general public. Clean Cities decals must be used if AFVs are being purchased. (5 points) SPECIAL REQUIREMENTS: In all cases, letters of commitment (not support) must accompany the proposal to substantiate cost share Fuel providers, as participating private-sector partners, must be in compliance with the EPAct alternative fuel vehicle acquisition rule in order to be eligible to receive Clean Cities funding under this sub-solicitation. States must submit special project proposals for altemative fuel transportation projects in partnership with their local, officially-designated Clean Cities coalition. ^ letter to this effect, from the coalition, indicating that the coalition recommends this proposal for funding must accompany the proposal. Only projects located in active, designated (or approved for designation) Clean Cities are eligible for funding. An "active" coalition is one with a valid and approved Memorandum of Understanding with DOE. "Approved for designation" means that DOE has authorized a designation ceremony for a coalition, making the coalition eligible to compete. Projects are evaluated on the value of cost share, and the type of in-kind services being offered, not necessarily the total declared value of the contribution in the proposal, although the minimum requirement must be met. For instance, in-kind services such as general office costs, which would be paid regardless of SEP funding, are valued much lower than a strictly financial contribution tied directly to the project. Funds are intended to pay for hardware and/or tum-key fueling services. However, DOE recognizes that project management costs may be necessary. If project management costs are included in the budget, the project manager must be identified and his/her responsibilities described. Project management costs are not the same as administration costs. Proposals must be adequately documented. If hardware is to be pumhased, bids identifying hardware cost must be included. If the applicant requests funding from more than one special project category, a separate proposal for each category must be submitted for evaluation. For example, projects that entail funding for both vehicle acquisition, and infrastructure development to fuel those vehicles, must be submitted as two separate proposals addressing the criteria identified in the Niche Markets and Refueling Infrastructure sub-solicitations, respectively. It should be noted in both proposals, that funding has been requested in more than one sub-solicitation. A final report will be required by resultant awards. This report will include site location, permit verification, date opened, equipment selection with itemized costs or final bid information, types of fueling services that will be provided, and a list of fleet participants and key partners. States can not make final invoice payment until the final report and all project milestones have been submitted to the appropriate DOE Clean Cities Regional Office. The performance track record of prospective grantees which have received previous grants will be taken into account. Applicants must describe the status and results of previous grants in the application. Applicants should be aware that permits may be required for many infrastructure projects. If the applicant does not have the required permits within one year of the grant negotiation date, funds for the grant will be de-obligated. Page I of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A STATE ENERGY PROGRAM GRANT APPLICATION TO THE TEXAS STATE ENERGY CONSERVATION OFFICE IN THE AMOUNT OF $150,000 FOR A COMPRESSED NATURAL GAS FUELING FACILITY AT THE MAINTENANCE SERVICE CENTER, WITH A CITY MATCH OF $ 258,500.00 OUT OF THE GAS COMMERCIAL PAPER FUND 4550, FOR TOTAL PROJECT COSTS OF $408,500.00 BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas State Energy Conservation Office in the amount of $150,000 for a Compressed Natural Gas Fueling Facility Grant at the Maintenance Service Center. The City match for this grant is $258,500.00 out of the Gas Commemial Paper Fund 4550, for total project costs of $408,500.00. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor AP_PROVED: c~,~7~l<:lay F~ ~4~-~'V, 2004. uoy~e Clfi'r~s v _ Chief, Ab'ministrative Law Section Senior Assistant City Attorney For City Attorney H:~EG-DIR~Iea n nie\Doyle\Resolutions\CNGF,dcc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Page 2 of 2 H:%EG-DIR~Iea n nie\Doyle~Resolutions\CNGF,doc 18 CiTY COUNCIL AGENDA MEMORANDUM I I I I City Council Action Date: March 2, 2004 AGENDA ITEM: a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission; providing for severance; and providing for publication. This amendment will update Sec.2-182, Duties, items (6) and (13) of the ordinance to reflect current responsibilities of the Cable Communications Commission. b. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasfing; providing for penalties, providing for severance; and providing for publication. This amendrnent will update Chapter 55 to reflect current processes and implement improved complaint procedures. ISSUE: a. Item (6): The FCC no longer allows the City to regulate cable rates because the FCC determined there was effective competition in the city. Item (13): As cable operators do not provide a public access studio, the Cable Communications Commission no longer has responsibility to resolve disputes concerning the use of public access equipment and facilities. b. The Cable Communications Commission, public access user groups, Time Warner, and City staff determined that Chapter 55, Exhibit A, Rules and Procedures for Public Access Cablecasting in the Master Cable Services Regulatory Ordinance needed to be updated for accuracy, clarification and improved complaint procedures. REQUIRED COUNCIL ACTION: Passage of the ordinance amendment to Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission duties and the ordinance amendment to Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. PREVIOUS COUNCIL ACTION: City Council approved the Rules and Procedures for Public Access Cablecasting in the Master Cable Services Regulatory Ordinance in June 2002. City Council approved Section 2-182 in January 1983. FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented. Susan Cable Director, E-Government Services BACKGROUNDINFORMATION These proposed amendments ara submitted by the Cable Communications Commission to City Council for approval. In August 2003, the Cable Communications Commission held a workshop to raview and discuss City Ordinances (Sections 2-181, 2-182, 2-183, 2-184) which establish the membership and duties of the Cable Communications Commission; the cable franchise agreements with Time Warner and Grande Communications; and the Master Cable Services Regulatory Ordinance (Chapter 55), which includes the Rules and Proceduras for Public Access Cablecasting. a. Two duties listed in Section 2-182 have changed. First, because of a FCC determination, the Cable Communications Commission does not have rasponsibility to advise the City Council on rate adjustment. Second, because neither cable operator provides a public access studio, the Cable Communications Commission does not have responsibility to rasolve disputes concerning the use of public access equipment and facilities, When the cable franchise agreement was approved in June 2002, Time Warner closed their public access studio and gave to the City some access equipment. Grande Communications has never provided an access studio. The City currently contracts with the Channel 10 Public Access User Group to manage the access studio and editing equipment. At their September 2003 meeting, the Cable Communications Commission approved proposed amendments to Section 2-182 of the City Code of Ordinances, which was last amended in January 1983. The Commission directed staff to submit the proposed amendments to City Council for approval once the review process for the Rules and Proceduras for Public Access Cablecasting was completed. b. At their September 2003 meeting, the Cable Communications Commission discussed possible ravisions to Section 55, Article XVlII, Division 16, Exhibit A, Rules and Proceduras for Public Access Cablecasting. The Commission directed City staffto meet with producers from Channel 10 and 18, and Time Warner Cable, to work together to update the rules for accuracy and clarification and to improve the complaint proceduras with reasonable timetables. For example, with the Council approved agreement between Time Warner and Grande Communications for a live feed of access programs, producers must submit one tape to Time Warner rather than two tapes as stated in the current Rules and Proceduras. Information required on tape labels has been clarified to help ensura tapes ara aired in correct timeslots. Under Violation of Rules, proceduras for investigation of complaints, identification of types of complaints and steps for submitting and rasponding to complaints were clarified. Timelines were established for submitting and responding to complaints. City staff met with producers on November 13, 2003 and then with Time Wamer on December 17, 2003 to review and modify the Rules and Proceduras. At their February 23, 2004 meeting, the Cable Communications Commission approved the proposed amendments to the Rules and Proceduras and diracted City staff to submit them, along with the proposed amendments to Section 2-182, to City Council for approval There have been ongoing problems with broadcasting of public access programs, primarily related to non-airing of programs in timeslots and sound malfunctions, including bleed-over from Channel 18 to Channel 10. In November 2003, City staff sent a certif'~d letter to Time Warner, citing specific program errors. Time Warner provided a general response. Monitoring by City staff and discussions with Time Warner continued. In a conference call with Time Warner representatives from Corpus Christi and Dallas in early February, City staff requested a proposed plan from Time Warner to resolve the ongoing problems. Time Warner submitted proposed solutions. City staff held a meeting with producers on February 19, 2003 to review these efforts. Both Time Warner and the producers have agreed to work individually and through a joint effort to improve tape labeling and delivery, communications, and video and audio quality. Time Warner has indicated they are improving equipment and Master Control processes. The proposed amendments to the Rules and Procedures will support these efforts by establishing clear and timely steps for identifying and resolving complaints. The Rules and Procedures state that "These rules may be amended by City Council following recommendation from the Cable Commission or franchised Cable Operators in the City. The city shall give any Cable Operator sixty (60) days wr'~ten notice of any proposed amendment to the Rules and Procedures for Public Access Broadcasting.* Time Warner signed a waiver for the required sixty (60) day notice in order to move forward with adoption of the proposed amendments. A copy of the waiver is attached. The following is a summary of the proposed ordinance amendments: Summary of changes to Section 2-182: · Commission no longer advises on rate adjustments · Commission does not resolve issues related to use of studio and or equipment Summary of changes to the Rules and Procedures for Public Access Cablecasting: Clarifies that two tapes are not required · Establishes new tape label requirements · Clarifies that individual or organization must select one public access channel to air program · Removes requirement that lotteries must be held at specific time of day · Provides that programs may be broadcast as original in subsequent lottery periods · Provides that program time slots are forfeited for remainder of lottery period if tapes are not timely provided · Adds definition of locally produced programming · Revises procedures for rules violation Southwest Division 4060 South Padre Island Drive (78410 P.O. Box 6607 Corpus Christi, Texo$ 78466-6607 Phone: 361-698-6259 Fax 361-857-5038 TIME WARNER February24,2004 Susan Cable City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Dear Susan, Time Warner Cable does hereby waive the required 60 day written notice of the proposed changes and amendments to the Rules and Procedures for Public Access Cablecasting. This waiver is restricted to the proposed attached changes and amendments as approved by the Cable Communications Commission on Monday, February 23, 2004. We urge City of Corpus Christi Staff to request City Council consideration as soon as possible. Sincerely, Gordon Harp General Manager Lisa Aguilar, City of Corpus Christi Paula Kolda, Time Warner Cable ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CABLE COMMUNICATIONS COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2-182 of the Code of Ordinances is revised to read as follows: "Sec. 2-182. Duties. The cable communications commission shall have the following powers and duties: (1) To advise the city council on adherence to the provisions of any franchise agreement approved by the city council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (7) (6) Report annually to the council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (8-) (7) To advise the city council on future applications for franchises, (9-) (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (! 9) (9) To certify access user councils, and reporting such certification to the city secretary. March 2 2004 2-182.DOC ,, ,, ,10) To establish rules and regulations for use of public access channels until such time as a public access user council has been certified. (12) (11) To approve the rules and regulations of certified access user councils for use of access channels. , ,~, ~ To resolve disputes concerning program content, allocation of access funding, channel space, and channel t~me ........ uc~r.....,v-v~ v.~-,r ........... far:,iiit~. (4.4) (13) To coordinate access activities of access users and user councils." 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1~6 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. MARCH 2 2004 2-182.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 ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 3 PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 9 ~-~ ~ ,2004 Lisa Aguilar U Assistant City Attorney for City Attorney day of ,2004. Samuel L. NeaI, Jr. Mayor March 2 2004 2-182~DOC ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. · To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. · For random placement of nonrecurring show (i.e., a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. · The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. · The PAUG receives and schedules programming submitted by occasional users. · The PAUG collects and makes available fcr p!c~up 5~,' cable operators the schedules and tapes for each channel. · The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. · The PAUG may require series users to pay nominal membemhi~due~ fees to offset minor operational expenses. March 2 2004 public access rules ordinance. DOC 2 There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, with the consent of the cable operators. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Users must complete and sign a programming contract. In signing the programming contract, the user warrants that the following rules will be observed: · All programs must be produced by a user as defined in section 4. · All programs shall not be commercial as defined in section 4. · No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. · No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. · No program shall be transmitted which contains obscene or indecent material. · All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. March 2 2004 public access rules ordinance. DOC 3 Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the cable commission based upon a request from an access user group and/or the cable operator(s). Labeling: All users must clearly label tapes as follows: c,", *h.,...v tCF v,"~ *~'~..,.. *,..~.,. ..... .*..-'~ v.,"" *h....~ a. Name of individual s~.c.".=cr producer and or.qanization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: d.a. Title of the program D b__. Timeslot number (as determined by Timeslot Lottery). Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length. March 2 2004 public access rules ordinance. DOC 4 b. All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. .Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual timeslet time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. Application: No later than two weeks prior to each bi-annual timeslet time slot lottery, each series user must submit a completed public access cablecasting application to their respective access user group, and provide current copies to cable operators, including the following items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: A ccd"..: prcgram An individual user or organization must select one channel for cablecasfing of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery period begins the first Sunday in June through the day preceding the first Sunday in March 2 2004 public access rules ordinance. DOC 5 December. The Fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Users will attend the timeslet time slot lottery as noted in a and b below. ~ letteries Lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April at-4+3O-pmm, with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October at ~. :30 p.m. with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection t .......... time Based on selection numbers, each user, one-by-one, selects an available ~'~'""~"* ' slot. After all users select t~mcslcts .time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial *Jmc=Ic~.= time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional users. Single timeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the a~es~e~ PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. No programs will be scheduled during holidays. March 2 2004 public access rules ordinance. DOC 6 Forfeit of time slot If a series user fails to supply tapes for two consecutive weeks for a weekly program ~. ........... ,~ ...... ,~ ~ ...... ,~.m ......... ~ forfeits the tim si until-the ........................................ · ~..~= ..... /, the user eot · -~-'-* ~'-**'-'-' for the remainder of that lottery period. A series producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery period. After that, if a series user fails to supply a tape for a monthly program during the month of scheduled airing, the user forfeits the time slot for the remainder of that lottery period. § 4 Defined terms. Access user group - As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming - Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced pro,qramm ng--means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification -- The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") - This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. March 2 2004 public access rules ordinance. DOC 7 Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program -- A program which was previously aired on any public access channel. Semi-annual timer, let time slot renewal period - A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series -- A locally produced public access show from a single user. A series can be either weekly or monthly. User - Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investi.qate complaints concemin,q violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investi.qate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The Chcr, r, cl I0 ccccss user · .,. r-~. .... I !0 Th~ r,h .... i I~ ~CC~SS 'Js~r ~ro'J'p ,.,;ii .... ~ .....,4 ~ ..... *i~,.~ ..... ,, ................... ~ ......................................... access user group will inform the user who produced the program that is the subject of the complaint March 2 2004 public access rutes ordinance. DOC 8 of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or .qroup. .... v ....................... n a Section 1 rule has been violated, the aer~=~os-use~ Grc'.-'p Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The user may appeal the decision of the a6ees~aser~j~ Access User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall hold the hearing for appeal within ~ thirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the headng. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to the city council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of~d~)ve~ales a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of the c~c':c r'c!~= a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until ~ the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint re.qardin.q a violation of rules in Sections 2 or 3, the User or Access User Group Board of Directors shall follow procedures established by their .qroup's certified by-laws. If a complaint is not resolved within seven (7) workinq days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writin,q, to the Cable Communications Commission, and the item shall be placed on the a.qenda for the next scheduled Cable Communications Commission meetin.q. (2) If a User or Access User Group Board of Directors has a complaint reRardin.q a cable provider, that complaint shall be submitted, by email or delivered in writin.q, within three (3) workin.q days, from a User to the Access User Group and then from the March 2 2004 public access rules ordinance. DOC 9 Access User Group Board of Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) workin.q days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the a.qenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint re.qardin.q a User or Access User Group, the cable provider shall submit the complaint, by email or delivered in writin.q, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writin.q, the cable operator within seven (7) working days. If a complaint is not resolved within seven workin.q days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the a.qenda for the next scheduled Cable Communications Commission meetin.q." 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 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. This ordinance shall take effect upon publication. March 2 2004 public access rules ordinance. DOC 10 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 A'FI'EST: 2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of .,2004. Armando Chapa City Secretary APPROVED: ~z,~. ,~-'~-- Lisa Aguilar Assistant City Attorney for City Attorney ,2004 Samuel L. NeaI, Jr. Mayor March 2 2004 public access rules ordinance. DOC 19 CITY COUNCIL AGENDA MEMORANDUM February 17, 2004 AGENDAITEM: AMENDING ARTICLE I, CHAPTER 38, CODE OF ORDINANCES, RELATING TO PARADE VENDOR PERMITS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES, AND PROVIDING FOR PUBLICATION ISSUE: Currently, the City administers parade vending permits under Section 38-17 of the City Code. The Buccaneer Commission has requested exclusive authority to administer parade vending for the Buccaneer Days parades, and the right to sell parade vending rights to a professional vending contractor. The proposed ordinance amendment allows a parade organizer to administer the parade vending process by separate agreement with the City. The proposed agreement with the Buccaneer Commission will be presented for approval on March 2, 2004. REQUIRED COUNCIL ACTION: Approve the ordinance. PREVIOUS COUNCIL ACTION: This ordinance was last amended on March 16, 1993. FUNDING: Revenues from parade vending permits were budgeted in the No. 1020 General Fund, Account Number 301600, Other business licenses and permits. CONCLUSION AND RECOMMENDATION:~Ap oval of the ordinance._ David Ondrias Acting Director of Park and Recreation ORDINANCE AMENDING ARTICLE I, CHAPTER 38, CODE OF ORDINANCES, RELATING TO PARADE VENDOR PERMITS; 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 38-17 Code of Ordinances is amended by revising paragraph (b) to read as follows: "Sec. 38-17. Sidewalk vendors; special regulations. "No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: "(b) Parade vendin,q. "(1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: "(-1-) a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. "(2) b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. "(3) c. Parade vendor permits shall be issued for the period specified in this section only. and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors in section 38-9 of this article. "(4-) d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade reute and to private premises immediately adjacent to and within six hundred (600) feet of parade reutes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such Feb 2004 parade vender ordinance.doc 2 permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. "(,~) e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. "(2) The City may allow parade organizers to administer the parade vending process by separate agreement." 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 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. Feb 2004 parade vendor ordinance.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. 3 Armando Chapa City Secretary APPROVED: February 18, 2004 Lisa Aguilar ~) Assistant City Attorney for City Attomey Samuel L. Neal, Jr. Mayor Feb 2004 parade vendor ordinance.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: February 18, 2004 Li~a Aguila~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 3 Feb 2004 parade vendor ordinance.doc 20 CiTY COUNCIL AGENDA MEMORANDUM February 24,2004 AGENDA ITEM: MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PARADE VENDING AGREEMENT WITH THE BUCCANEER COMMISSION INC. ISSUE: Previously, the City administered parade vending permits. The Buccaneer Commission has requested exclusive authority to administer parade vending for the Buccaneer Days parades, the right to sell parade vending rights to a professional vending contractor, and would like to place stationary vending booths along the parade route. The proposed agreement with the Buccaneer Commission is attached. REQUIRED COUNCIL ACTION: Approval of the agreement FUNDING: Revenues from parade vending permits were budge.ted in the No. 1020 General Fund, Account Number 301600, Other business licenses and permits. CONCLUSION AND RECOMMENDA'I~~ David Ondrias Acting Director of Park and Recreation Parade Vending Agreement between the City of Corpus Christi and the Buccaneer Commission, Inc. Whereas, the Buccaneer Commission, Inc. ("Commission") a Texas nonprofit corporation, sponsors two parade events, the Buccaneer Days Illuminated Night Parade, and the Buccaneer Days Junior Parade, ("Parade Events"); Whereas, the Commission desires the right to administer the parade vending process for the Commission's Parade Events, and the right to sell its parade vending rights to a professional vending organization to help offset Commission's operating expenses to operate its Buccaneer Days events; Whereas, allowing the Commission to administer the parade vending process will benefit both the Commission and the City of Corpus Christi ("City"); Now, therefore, the parties agree as follows: Section 1. Parade vendors. a. The Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ("Lighted Parade"), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ("Junior Parade"), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. b. The Commission shall have the right to determine permit fees for parade vendors who desire to sell items at the Commission's Parade Events. c. The Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Sections 38-6 and 38-17 (b) of the City Code of Ordinances, copy attached, and Chapter 38 of the City Code of Ordinances, copy attached. d. The Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. e. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by Corpus Christi Police Department. Page 2 of 8 f. The Commission shall ensure that all food vendors comply with all requirements of the Corpus Christi-Nueces County Public Health Department, and all other local, state or federal rules and regulations regarding the sale and storage of foods. g. The Commission shall ensure that all vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. h. The Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Chdsti. The Commission may place a vending booth at specific location which has been reviewed and approved in writing by the City Manager or designee, Chief of Police or designee, Fire Chief or designee, Director of Engineering Services or designee, Traffic Engineer or designee, Director of Park and Recreation or designee, and Director of Solid Waste or designee. i. Stationary vending booths at City-approved locations may be placed no earlier than 36 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. j. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. k. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. I. Commission shall obtain all necessary permits prior to the placement of vending booths at City-approved locations. m. No alcoholic beverages may be sold by a parade vendor. n. Commission shall require all food and beverage vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Section 2. Indemnity: Commission shall indemnify and hold City, its officers, agents and employees ("lndemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or LEG-DIR\Lisa\1800W~ar 2004 Buc Days Parade Vending Agreement.doc Page 3 of 8 misconduct on the part of the Commission, its agents, servants, employees, contractors, or parade vendors in administering parade vendor permits or on the part of any parade vendor associated with the Buccaneer Days parades. These terms of indemnification are effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the event, but not if such damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City, its officers, agents and employees are made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to parade vending at the Buccaneer Days Parade Events, Commission shall defend City upon receipt of reasonable notice regarding commencement of such litigation. Section 3. Amendments. Written amendments or modifications to this Agreement which do not change the general scope of the Agreement may be authorized by the City Manager and authorized Commission representative. Section 4. Effective Date. This Agreement takes effect upon execution by the City Manager. This Agreement expires on May 31, 2004. Executed in duplicate, each of which shall be considered an original, on this the day of March, 2004. CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: LEG-DIR\Lisa\tSO0~Vlar 2004 Buc Days Parade Vending Agreement.doc Feb-27-04 10:44A P.02 Page 4 of 8 Al-rEST: Armando Chapa City Secretary Approved as to legal form this the day of February, 2004: Lisa Aguilar Assistant City Attorney for City Attorney Buccaneer Commission Inc. By: ~ Date'. ~ ACKNOWLEDGMENT THE STATE OF TEXAS ' COUNTY OF NUECES ' This instrument was acknowledged before me on February ,2004, by Barry Box, Executive Director of Buccaneer Commission, Inc. a Texas non-profit corporation, on behalf of Buccaneer Commission, Inc. Notary Public, State of Texas ocumer~ts and Se~tings~Barry Box\Local Settings\Te~nporary Internet FJlesV;)LKA~Vlar 2004 Buc Days Parade Vending Agreementdoc Page 5 of 8 Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card-required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for LEG-DIR\Lisa\1800\Mar 2004 Buc Days Parade Vending Agreement.doc Page 6 of 8 property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38-17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. LEG-DIR\Lisa\1800',Mar 2004 Buc Days Parade Vending Agreement.doc Page 7 of 8 Sec. 38-17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (a) Vendors shall be permitted to operate on the Bayfront Seawall sidewalk, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article. (1) The maximum size of vending units shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four (4) feet in width. (2) Vendors shall confine their vending units and activities on the seawall sidewalk to the area immediately adjacent to the waterside seawall curb (the side of the unit nearest such curb shall be kept within two (2) feet of such curb). Vending is prohibited on or from streets, the bayfront landmasses and connecting sidewalks, the seawall steps, the barge dock and parking areas. (3) Mobile vending units shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. (4) No type of vendor service vehicle shall be parked along Shoreline Boulevard next to the seawall except for the time necessary to load or unload inventory or a vending unit. (5) Vending is prohibited within seventy-five (75) feet of another vendor; within three hundred (300) feet of any permanent contractual concession; within twenty-five (25) feet of any street intersection; within three hundred (300) feet of the designated grounds of an authorized community festival event, and within fifty (50) feet of any building entrance. (6) No vendor shall cause any obstruction to the smooth flow of pedestrian or vehicular traffic and vendors shall yield the right-of-way to other traffic of any type. (7) Rental of motorized transport for use on the Bayfront Seawall sidewalk is prohibited. (8) Motorized vending units are prohibited. (9) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. Distribution of commercial handbills, circulars or other advertising paraphernalia is prohibited. (10) No vendor shall vend to persons in vehicles. (b) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City LEG-DIR\Lisa\1800~vlar 2004 Buc Days Parade Vending Agreement.doc Page 8 of 8 Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: (1) The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. (2) Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. (3) Parade vendor permits shall be issued for the period specified in this section only and the fee therefor shall be ten dollars ($10.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors in section 38-9 of this article. (4) Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. (5) Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. LEG-DIR\Lisa\1800\Mar 2004 Buc Days Parade Vending Agreement.doc CITY COUNCIL AGENDA MEMORANDUM February 25, 2004 AGENDA ITEM: ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT AEP TEXAS CENTRAL COMPANY'S ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADJUSTING STREET LIGHTING CHARGES; ADOPTING RECOMMENDATIONS OF CONSULTANTS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND DECLARING AN EMERGENCY ISSUE: On November 3, 2003, AEP Texas Central Company ("Company") filed application with the City seeking to increase electric transmission and distribution rates on a system-wide basis by 14.7%, to take effect on December 8, 2003. The City suspended the rate increase for 90 days, to allow review of the proposed rates. The City's consultants have determined that the Company's electric transmission and distribution rates should be reduced by 21%. Failure to take action on Company's application by March 19, 2004 would allow TCC, under the Public Utility Regulatory Act, to implement the Company's proposed rates. REQUIRED COUNCIL ACTION: Approval of the ordinance PREVIOUS COUNCIL ACTION: On November 18, 2003, City Council suspended the Company's proposed transmission and distribution rate increases for 90 days and authorized investigation of Company's transmission and distribution rates. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approval of the ordinance. Ma~y I~ay ~i~rche~- City Attorney BACKGROUND INFORMATION During the summer of 2003, the Cities of Corpus Christi, Mc, Allen, Laredo, Harlingen, Victoria, Edna, and Carrizo Springs adopted resolutions requiring ^EP Texas Central Company ("TCC" or "Company"), formerly Central Power & Light Company, to provide cost information justifying the electric transmission and distribution rates charged within City limits. The existing rates were established by the Public Utility Commission of Texas in 2001 and are based upon estimated costs. Since then, the cost of capital has significantly decreased and actual cost information has become available. Investigation of TCC's rates, particularly with regard to unfair street lighting rates, was urged by the member Cities of the South Texas Aggregation Project ("STAP") as well as the CPL Cities Steering Committee. TCC refused to negotiate any change to street light tariffs, leaving the Cities with no choice but to push for a general rate review. Upon passage of local rate review resolutions, TCC requested that the Cities enacting resolutions allow the Company to file a rate filing package containing all cost information with the Public Utility Commission of Texas ("PUC" or "Commission"). The Cities agreed. On November 3, 2003, TCC filed with the PUC and all Cities in TCC's service territory an application to increase electric transmission and distribution ("T&D") rates by $66.5 million or 14.7%. The Company seeks to slightly decrease transmission rates by $2.5 million, but increase distribution rates by $68.8 million. The Company noticed a December 8, 2003 effective date. The electric T&D rates at issue are charged to the retail electric providers ("REPs") operating in TCC's service territory. Consequently, any rate increase will impact municipal electric accounts served by individual REPs as well as charges from First Choice if the City is a member of the South Texas Aggregation Project. Further, any increase will effect small commercial and residential customers served by a retail electric provider. Residential price to beat customers will not be impacted until price to beat rates expire or customers switch to an alternative provider. The City, pursuant to §33.001 of the Public Utility Regulatory Act has exclusive, original jurisdiction over the electric rates charged by TCC. In accordance with that authority the City, on November 18, 2003, suspended the effective date for 90 days giving the City time to evaluate the application. Later, TCC amended the effective date by two weeks, extending the City's jurisdiction to March 19, 2004. Also on November 18, 2003, the City authorized joining other Cities to investigate TCC's rates and retained Geoffrey Gay and Steve Porter of the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend of Austin, Texas. Lloyd, Gosselink is counsel to STAP and the CPL Cities Steering Committee and Mr. Gay and Mr. Porter have represented CPL Cities on electric rate matters since the 1980s. Eighty-five Cities have joined together and intervened in the case at the PUC. A list of the intervening Cities is attached. Consultants were hired to review various aspects of TCC's request. All reasonable consulting and legal fees are, by law, reimbursable by TCC. On February 9, 2004, Cities' representatives filed at the PUC the testimony of eight expert witnesses supporting an electric rate reduction of $97 million or about 21%. A hearing is scheduled to begin at the PUC on March 1, 2004. Consultant Recommendations As noted above, the rate decrease is supported by the recommendation of Cities' consultants. Cities have assembled a team of experts with vast regulatory experience. Each is highly qualified to evaluate the assigned issues. All of Cities' witnesses understand that this is an important case in determining whether electric competition will thrive and provide benefits to consumers. The following is a list of Cities' witnesses with a brief summary of the testimony each witness is presenting to the PUC: Stephen G. Hill Mr. Hill presents Cities' recommended return on equity, capital structure and overall cost of capital. Having participated in the generic ROE phase of TCC's last case, Mr. Hill is familiar with the risks facing T&D utilities. His 9% return on equity incorporates an adjustment to account for the poor quality of TCC's service and is based upon the well-accepted discounted cash flow method. The capital structure recommended by Cities' (60% debt - 40% equity) witness helps prevent financial subsidization and is the same adopted by the Commission in TCC's last case. Mr. Hill has concluded that the overall rate of return will allow TCC to maintain its bond rating and financial integrity. Mick Arndt Mr. Arndt, a CPA, has been involved in utility regulation for 30 years and has testified in Texas numerous times. He presents Cities' recommended system-wide rate reduction of $97.715 million. As the regulatory accountant on this case, Mr. Arndt applies well-established ratemaking principals including historical test-year ratemakin9. Mr. Arndt adjusts TCC's cost of service to comply with the Agreement approved by the Commission in Docket No. 19265. TCC's faulty interpretation of the Agreement has unnecessarily increased cost of service by about $30 million. He presents a consolidated tax savings adjustment of $9.8 million based on the method adopted by the PUC in Docket No. 14965 and approved by the courts. His recommendation concerning the gain on the sale of AEP's affiliated REP provides the fair sharing necessary to ensure customers benefit from the good-will and brand name recognition built by ratepayers over several decades. Gerald Tucker A former CPL Controller, Gerald Tucker is uniquely qualified to review and evaluate the affiliated service company's charges to TCC. Mr. Tucker found that the problems existing in Docket No. 14965, which led to a large disallowance by the Commission, remain today. Direct assignment of costs has decreased in violation of Commission policy, while allocated charges have increased. The complexity of the affiliate charge system makes it difficult, if not impossible, to review the charges and apply the standard required by law. Applying the standards set out in PUP, A, case law and Commission precedent, witness Tucker concludes that while TCC has not met its burden of proof, it would be reasonable to hold affiliate charges to that level allowed in CPL's last proceeding. He recommends a $16.5 million adjustment to TCC's request. Nancy Hughes Ms. Hughes has performed depreciation studies for utilities and customers. Based on industry-accepted methods, she adjusts TCC's recommended service lives and net salvage values for several accounts, and recommends a reduction of depreciation expense of $8 million. She has also reviewed TCC's calculation of decommissioning costs and recommends that the Company's calculation include only the 10% contingency allowed by PUC rules. Bill Starnes Mr. Starnes is a consultant to two of the largest municipal aggregators in Texas, including STAP, and is intimately familiar with the problems experienced in the transition to competition. Mr. Statues has evaluated TCC's street and non-roadway lighting rates and services. His investigation reveals that TCC has over-estimated the billing determinants necessary to calculate lighting rates and that the facilities charge is too high in two respects. Adoption of Mr. Statues' testimony will ensure reasonable rates for a service with significant health and safety implications. Dr. A. D. Patton Dr. Patton may be the premier electric system reliability expert in Texas. Dr. Patton concludes that TCC has not achieved the level of service contemplated by the Commission's reliability rules. In fact, Dr. Patton concludes that TCC's service reliability is declining. The cause, according to Cities' witness, is TCC's misallocation of resources. While charging TCC substantial amounts of administrative and general costs ("A&G") incurred in Columbus, Ohio, corporate headquarters has reduced TCC's maintenance budget as well as the work force necessary to maintain the system. Dr. Patton calculates a $2.7 million service penalty owed customers pursuant to the Agreement adopted by the PUC in a prior docket; recommends that $1.5 million be reallocated to actual maintenance of the system; finds that $13.8 million in unnecessary affiliate A&G costs be disallowed; and recommends that one-time, non-recurring costs of $6 million allocated to distribution O&M be removed from cost of service. Dr. Sarah Goodfriend Dr. Sarah Goodfriend, former Texas Commissioner, was asked by Cities to review TCC's interaction with REPs, proposed service fees, TCC's tariff, and compliance with quality of service standards. Cities are concerned about the potential for cross-subsidies and incentive for anti-competitive behavior inherent in the competitive market scheme implemented in Texas. Dr. Goodfriend addresses TCC's poor quality of service which is having adverse cost effects on the market as well as making it more difficult for REPs to compete. Dr. Goodfriend finds that TCC's service to the REPs does not compare favorably to the quality of service provided by TXU and Reliant. She makes several recommendations designed to curb cross-subsidies and improve service. Among those are to deny TCC's request to share in the profit of non-regulated construction projects and to place a moratorium on TCC's efforts to provide unregulated services. TCC, according to Dr. Goodfriend, should improve services provided to its customers prior to expending resources in providing services to others. A summary of the consultants' findings are as follows: On a system-wide basis, Cities propose a $97.715 million reduction to existing rates. This compares to the Company's request to increase system-wide rates by $66.476 million. Cities urge the Commission to decrease transmission rates by $35.586 million and to decrease distribution rates by $62.135 million. TCC's rate of return is overstated. Cities recommend a return on equity of 9%. As explained by Cities' witness Hill, this is in line with the historic Iow cost of capital and investors expectations. Cities' ROE recommendation reflects consideration of TCC's failure to provide reliable, quality electric service. A capital structure of 60% debt and 40% equity is reasonable. It is the same capital structure adopted by the Commission in CPL's UCOS case and ensures against financial cross-subsidization of the parent company as described by Mr. Hill. Adoption of TCC's request would require captive ratepayers to subsidize AEP's unregulated businesses in several respects. As noted above, Cities' financial witness found that adoption of TCC's proposed capital structure would require ratepayers to financially subsidize TCC's parent company. TCC's charges from the affiliated service company result in subsidization and should be reduced by $16.5 million. The Company's affiliate expense request gives rise to the same concerns as presented in Docket No. 14965 where the Commission disallowed a substantial portion of CPL's affiliate transactions. Finally, TCC's venture into the provision of non-regulated services results in a subsidy by ratepayers and poor customer and distribution service for ratepayers. · TCC's requested cost of service is inflated because the Company misapplied the provisions of the Agreement approved by the Commission in Docket No. 19265. TCC has inappropriately inflated the cost of service by $22.5 million as it failed to demonstrate that the rate increase request filed by TCC was not associated with the merger of CSW and AEP. In addition, TCC ignored the Agreement's requirement that TCC's revenue requirement be reduced by $7.5 million. TCC failed to calculate Federal Income Tax expense as though it filed a consolidated tax return. A consolidated income tax savings adjustment of $9.8 million needs to be made in accordance with state law and well-established PUC precedent. · Over the years, CPL built up its brand name and good will, fairness requires that TCC customers share in the gain attributed to the sale of ^EP's affiliated REPs. · TCC's depreciation expense is excessive by $8 million. The Company has unreasonably increased cost of service by going well outside the test-year to recognize particular expenses and failing to account for increased revenues. Specifically, TCC has abandoned historical test-year ratemaking by projecting DSM, pension and salary expenses. · TCC's desire for a 429% increase in the catastrophic insurance reserve should be rejected. TCC has reduced expenditures associated with the maintenance of the distribution system. Consequently, the Company has not achieved the reliability standards set out in the PUC's rules. In fact, reliability of TCC's service has declined. The Company owes customers $2.7 million in service penalties. At the same time that TCC's service reliability and maintenance expenditures are declining, TCC's request includes a substantial amount of affiliated administrative and general expenses. Excessive, as compared to other T&D companies, and unnecessary, affiliated A&G costs of $13.8 million should be disallowed. · Not only is the reliability of TCC's service declining, but TCC has failed to achieve other quality of service standards. TCC's request for a good cause exception to the PUC's rules t,o allow for a sharing of non-regulated service revenues should be denied in order to help prevent greater cross-subsidy. TCC has not provided reliable, quality service to its captive customers and surely should not be allowed to engage in unregulated businesses. Recommendation The electric rate ordinance included in your package adopts your consultants' recommendations and lowers electric T&D rates by $97 million or 21%. Similar rate ordinances are being considered and adopted by the other participating Cities. Failure to take action on TCC's application by March 19, 2004 would allow TCC, under the Public Utility Regulatory ,Act, to implement the Company's proposed rates. It is recommended that the proposed rate Ordinance reducing electric rates by 21% be adopted. CITIES INTERVENING IN PUC DOCKET NO. 28840 Agua Dulce Alamo Alice Alton Aransas Pass Asherton Bay City Bayside Bayview Beeville Bishop Carrizo Springs Charlotte Columbus Corpus Christi Cotulla Crystal City Del Rio Dilley Donna Eagle Lake Edinburg Edna El Campo Eisa Freer Ganado George West Goliad Gregory Harlingen Ingleside Ingleside on the Bay Jourdanton Karnes City Kingsville La Feria Laguna Vista La Joya Laredo La Villa Leakey Los Fresnos Luling Lyford Lytle Mathis McAIlen Mercedes Mission Nordheim Odem Orange Grove Palacios Palm Valley Pearsall Pe~itas Pharr Pleasanton Port Aransas Port Isabel Portland Port Lavaca Poteet Primera Progreso Rancho Viejo Raymondville Refugio Rio Hondo Rio Gande City Rockport Roma Runge San Benito San Juan Santa Rosa Sinton Smiley South Padre Island Taft Three Rivers Uvalde Victoria Weslaco Woodsboro ORDINANCE AN ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT AEP TEXAS CENTRAL COMPANY'S ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADJUSTING STREET LIGHTING CHARGES; ADOPTING RECOMMENDATIONS OF CONSULTANTS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND DECLARING AN EMERGENCY WHEREAS, pursuant to § 33.001 of the PubLic Utility Regulatory Act, the City of Corpus Christi has exclusive, original jurisdiction over the electric rates, operations, and services provided within city limits; WHEREAS, on or about November 3, 2003, AEP Texas Central Company ("TCC" or "Company") filed with the City of Corpus Christi an application seeking to increase electric transmission and distribution rates by 14.7% on a system-wide basis; WHEREAS, the Company proposed an effective date of December 8, 2003, that was suspended by resolution to provide time to study the reasonableness of the application; WHEREAS, on December 19, 2003, TCC extended the effective date by two weeks; WHEREAS, the City of Corpus Christi, in a reasonably noticed public hearing considered the Company's application and a recommendation from the City's consultants who were retained to evaluate the merits of the Company's application; WHEREAS, the City has determined that the electric transmission and distribution rates charged by the Company within the City should be reduced pursuant to the recommendations of its consultants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the existing rates and charges of AEP Texas Central Company are hereby found, after reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered. The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. SECTION 2. The company shall reduce its electric transmission and distribution rates charged to customers located within City limits by 21% on a system-wide basis. The rate decrease shall be allocated to all customer classes uniformly on an equal percentage basis. SECTION 3. The Company shall lower the facilities charge for both street lighting and non-roadway lighting by 21%. SECTION 4. The electric rates charged within City limits shall reflect a 9% return on equity and a capital structure comprised of 60% debt and 40% equity in order to reflect the historic Iow cost of capital and to prevent financial subsidization of TCC's parent company. SECTION 5. The electdc rates charged within City limits shall reflect a total plant depreciation rate of 2.93%, a reduction to the Company's proposed rate of 3.22%. SECTION 6. TCC has failed to achieve the minimally accepted service reliability standards established by the Public Utility Commission and has failed to properly allocate sufficient resources to distribution maintenance. TCC shall refund, on a system-wide basis, $2,754,380 to customers located on feeders failing to meet Commission reliability standards for the years 2001 and 2002. SECTION 7. TCC has incorrectly interpreted the Integrated Stipulation and Agreement CISA") approved by the Public Utility Commission in Docket No. 19265. As a result, the electric rates hereby approved within City limits shall incorporate a $30 million system- wide reduction to ensure that the provisions of the ISA are implemented. SECTION 8. TCC's request for authority to defer bad debt expense and include such expense in the next rate case is denied. SECTION 9. TCC may not charge an account history fee to end-users, REPs or aggregators. Further, no service fee shall be charged to REPs or aggregators requesting a detailed billing and invoicing analysis. SECTION 10. Cities' rate case expenses are found to be reasonable and shall be reimbursed by the Company. SECTION 11. The electric rate reduction herein approved shall be effective for bills rendered on or after approval of this Ordinance. TCC shall file tariffs reflecting the change of rates herein ordered within 10 days of passage of this Ordinance. SECTION 12. The rates set forth in this Ordinance may be changed and amended by either the City or Company only as provided by law. SECTION 13. It is hereby found and determined that said meeting at which this Ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. SECTION 14. This Ordinance shall be served on AEP Texas Central Company by U.S. Mail to the Company's authorized representative, Ron Ford, 400 West 15th Street, Suite 610, Austin, Texas 78701. H:~LEG-D1R~Lisa\ORD3~March 2, 2004 AEP rate change-Ord.doc 2 SECTION 15. Nothing contained in this Ordinance shall be construed now or hereafter in limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of AEP Texas Central Company. SECTION 16. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. SECTION 17. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: Lisa AguilarZ~~ Assistant City Attorney for City Attorney H 5LEG-DIR~Lisa\ORD3WIarch 2, 2004 PEP rate change43xd.doc Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff H:~LEG-DIRLLisa\OKD3 ~March 2, 2004 AEP rate change-Ord.doc 4 22 CITY COUNCIL AGENDA MEMORANDUM February 25, 2004 AGENDA ITEM: (a) Public hearing on request for a variance to operate an establishmem with on-premise consumption of alcoholic beverages. (b) Resolution granting variance to operate an establishment, known as Guerrero's Place, with on-premise consumption of alcoholic beverages. ISSUE: Mrs. Margaret Rios is requesting a variance for an on-premise liquor license for an establishment located within 300 feet of a church and day-care center. State law requires no such establishment be located within 300 feet of a church or day-care center unless City Council has approved a variance to the distance requirement. REQUIRED COUNCIL ACTION: Approval of Resolution PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an amendment to Section 4-5 of the Code of Ordinances establishing a variance procedure for operators of establishments requesting a license to dispense or sell alcoholic beverages for on- premise consumption which are located within 300 feet of a church, child-care facility, day-care center, public hospital or public or private school. FUNDING: None. RECOMMENDATION: Denial of Variance Assistant Director, Development Services Department C:~X)CUME~ I\USER~OCALS~ I\TEIV~TABCVARIANCERIOS.REV._i .DOC BACKGROUND INFORMATION On December 9,2 003, t he Development Services Department received a request for a Texas Alcoholic Beverage Commission (TABC) license review and approval for Mr. Jesse Guerrero to allow him to operate a bar, Guerrero's Place, at 706 S. Port Avenue. On December 23, 2003, the license was denied because the bar was within 300 feet of a church and day-care center. On January 30, 2004, Mrs. Margaret Rios submitted a request to the City Secretary's Office for a City Council variance on behalf of the owner of the subject property, Mr. Jose Champion. A variance would allow the intended lessee, Mr. Jesse Guerrero, to obtain a liquor license for on- premise consumption of alcoholic beverages. According to Ms. Rios, this property has been operating as a bar for the last 48 years. The previous operator of the bar retired their TABC license. Jesse Guerrero wants to continue operating the bar. In 1998, a church, Iglesia De Dios, opened at 722 S. Port Avenue, approximately 100 feet south of the subject property. In 1995, the City Council granted a Special Permit for a child care center (Los Pequefios Day Care Center) at 2801 Moms Street, approximately 240 feet west of the subject property. City Variance Procedure State law prohibits bars, taverns and night clubs from locating within 300 feet of churches, day- care centers, hospitals and schools unless the City Council grants a variance to the distance requirements. According to the amended ordinance City Code of Ordinances, in order for Council to grant a variance, a public notice must be published in the newspaper ten (10) days before the hearing date and notices mailed to all property owners, churches, day-care centers, child-care facilities, public or private schools and public hospitals within 300 feet from subject property. The ordinance also states that" The City Council may, upon application, allow a variance to the regulation if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, after consideration of the health, safety, welfare of the public and the equities of the situation, determines it is in the best interest of the community." Police Incident Report and Pending Licensee Background There have been a total of 58 calls for police service at 706 S. Port for the period between January 1, 2002 and May 3, 2003, a five (5) month period. The bar was closed in June of 2003 when the license expired. The vast majority of the calls for service were for fights and disturbances. Major incidents included: Stabbing (4/19/03), Liquor Law Violation (5/12/03 and 12/31/02), Stabbing (3/17/02), Shots Fired (01/20/02). The pending licensee identified on the TABC application is Jesse Reyes Guerrero. Mr. Guerrero applied on for an on-premise liquor license in December, 2004 to open Guerrero's Place. H:\P LN-DIR~SHARED\WORD\COUNCIL AGEN DA\TABCVARIANCERIOS.REV..DOC -2- According to TABC, Mr. Guerrero also applied for a license for the Monterrey Club located at 1914Agnes. The area of 700 S. Port has been associated with bars, drugs, prostitutes and frequent violent encounters for many years. It would be counterproductive to willingly allow the property to be continued to be used in this fashion when we have an opportunity to make incremental progress away from these problems. Land Use and Zoning Issues The subject property, Guerrero's Place is located on S. Port Avenue between Mary Street to the north and Ruth Street to the south. The S. Port Avenue corridor and surrounding property within 300 feet of the subject property is primarily commemial in character, with the exception of a church and a day care center. The Church is located 100 feet south and the day-care center 290 feet west of the subject property. The commercial uses include auto repair, manufacturing, a flea market and three (3) bars, including the subject property. The current zoning along this segment of S. Port Avenue is zoned a "B-4" General Business District. The "B-4" district allows, as a matter of right, allows the above uses. To the east, the subject property backs up to a local residential street, Muely Avenue and a one-family residential neighborhood. Findings and Recommendation Within this 300 foot commercial corridor along S. Port Avenue, there exists two (2) bars situated across S. Port Avenue 80 to 100 feet from Guerrero's Place in proximity to residential neighborhoods to the east and west ofS. Port Avenue. D ay and night operations, especially night, of these bars can adversely impact the neighborhoods with disruptive noise and late night and early morning traffic. Based on the Police report, Guerrero's Place operations in the past substantiate this finding. With Guerrero's Place being out of business, this is an excellent opportunity to permanently reduce the number of bars from three (3) to two (2) and encourage a different use more compatible to the neighborhood. Staff Recommendation: Denial of Variance. Attachments: Location and Notice Map Letter from Ms. Margaret Rios City Permit Denial Variance Procedure Ordinance Resolution H:~PLN-DIR\SHARED\WORD\COUNCIL AGEN DA\TABCVARIANCERIOS,REV,.DOC Liquor License Variance Map Reference Numbers 1. Store Craft Refrigeration 2. La Malinche Tortilla Factory 3. Guerrero's Place 4. Iglesia de Dios Church 5. Bob's Auto Service 6. Auto Detail 7. Dick's Groceries 8. Law Office 9. Flea Market 10. Nick's Saloon 11. Mica's Lounge 12. Vacant Business 13. Appliance Repair 14. CircleK 15. Los Pequenos Day Care MARY STREET 02-11-04/AS Liquor License Variance NORTH Feb-ZS-Z004 0Z:351m ;rom-CITY OF CC CITY SECI~ETARY$ 0FF~CE +~61 8803113 ~ ~A~Y 30, 20~ T-GR P 003/000 F-885 MY NAME IS MARGARET O. RIOS, AND I RESIDE AT 913 LAREDO. CORPUS CHRISTI, TEXAS 78401-3312. I AM REQUESTING A VARIANCE UNDER SUBSECTION (F) OF SECTION 4-5 REGARDING THE PROPERTY AS FOLLOWS: 706 SO. PORT CORPUS CHRISTI, TEXAS 78405 A BAR HAS OPERATED IN THE ABOVE PROPERTY FOR THE PAST FORTY-EIGHT (48)YEARS AND IT IS HARD TO BELIEVE THAT A CHURCH WOULD GET SITUATED TWO (2) LOTS FROM THE BAI~ YOUR CONSIDERATION TO THIS REQUEST~TLY / / APPRECIATED. / ' / MARGARET O. RIOS ~r Jo~e Angel Champion · CITY OF CORPUS CHRISTI-DEVELOPMENT SERVICES 1201 Leopard- P.O. Box 9277 Corpus Christi, Texas 78469 Tele(361) 826-3282 Fax (361) 826-3006 Location of Business Zoning of Business Statement of Officer I, ,J~LoL)~ 6 g/L*~.~ , attest that I performed the measurement of the distance between the place of business where alcoholic beverages are sold and the nearest church, public hospital, public or private school. [] Approved ~sapproved I, , affirm that the proposed permittee's or licensee's place of business is located in a zone wrnh~coholic beverages are permitted to be sold. [] Approved Ll./Disapproved Is a new Certificate of Occupancy required for this location. [~ es ~lqo ~o~t olr Z~D~a~'? "~--~ermit ~ate AN ORDINANCE AMENDING SECTION 4-5, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE LOCATION OF ESTABLISHMENTS SERVING ON-PREMISE ALCOHOLIC BEVERAGES; 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 4-5 of the Code of Ordinances is revised to read as follows: "Sec. 4-5. Prohibited location of on-premises alcoholic beverage establishments, etc. "(a) No person =h=!! may maintain a place of business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the city within three hundred (300) feet of any church, child-care facility, dawcare center, public or private school, or public hospital. "(b) The n~as~'cR~he~istance between any ..... place of business tb.,at dispenses and Ells alcoholic bevera.qes for on-premises consumption and a church.. child-care facility, dav-care center, or public hospital ...... must be measured ..... u .... ...... ~"~ .... "~; ...... ~'~'~ ~' ......... under Section 109.33 and 109 331 Texas Alcoholic Beverafle Code. "(c) The meae~eme~-~istance between .... ~- any ..... place of business that dispenses and sells alcoholic beveraRes for on-premises consumption and a public o_Er pdvate school shall-must be measured f;c"' "' ....... * ..... "" """ "~*~' .... ~'"" -.-,,u"' .... ..,..v.*'~* ,., ,....""~ 3nd :.",'.~ ..,, v...'~;-~'"* ,.,,~';"" =crcs= .......................... ;"*"'-~"~; ...... "~-~ *~'~". cccur under Sections 109.33, Texas Alcoholic Beverage Code. "(d) Any such establishment which receives "~ '~* ~';'"" *~' ..... .~ ..,.~...i..~/o,~ 4 ~o~ less than fi~ (50) per cent of its gross ~receipts from the sale or sewice of fccd_ alcoholic beveraees and holds a food and beveraee ce~ifi~ts issued by ~e Texas Co ' ' '"~ ~";~ ~ ~*'~ ~ ~' ;*~ ~* .... end Al~holic Beverafle mm~ss~o . ................ . ....... ~ ....... ....... · -.~ ..... * ........ ~ ~*~ ~ -~* ~-~-* ...... -';~ ~*-~* ~,, b= ~s excluded from the prohibition~ in this section. "(e) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. This subsection applies only as long as the place of business is R30542A3,doc ', ,-';)354 2 continuously in operation from-that-date September 1, 1983, whether or not under the same license or permit. "(fl The city council may, upon application of a business regulated-herei~ under this section, allow a variance to the regulation if the council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community. "(el) Before qrantin,q a variance under subsection (fl of this section, the City Council will hold a p~blic hearing to receive input from the public on the requested variance. The City Secretary shall publish a notice of the public hearinq in the newspaper at least ten {10) days before the hearinR date. Written notice of the PUblic hearin,q before the City Council on the requested variance must be sent to the owners of real property within 300 feet of the property on which the variance is requested. Separate notices must be sent to any church, child-care facility, day-care center, public or private school, or public hospital located within 300 feet of the property on which a vari.a...nce is requested and to the superintendent of the school district in which the property requestin,q the variance is located. The notice may be served by its deposit, properly addressed with posta.qe paid, in the United States mail. "(h) The applicant for the variance must reimburse the City for the costs of publishin,q the notice in the newspaper and mailin.q the written notice to surrounding property owners, churches, child-care facilities, day-care centers, public or private schools, public hospitals, and school district superintendents before the public hearinR is held." 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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section '1-6 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. R30~42A3.doc That the foregoing or, fiance was r/~d for the first, time and passed to its second reading on this the (.~lt'- day of ~)~_(_.~.~-~.,D-E..~' , 2003, by the following vote: Samuel L. Neal, Jr. ~ Bill Kelly Brant Chesney ~"~_.~1~ Rex A. Kinnison Javier D. Colmenero f~,c~ Jesse Noyola t Melody Cooper ~ Mark Scott Henry Garrett That t~foregoing ordil~nce was Eead for the second time and passed finally on this the J[~'"' day of ~1~ ~ 2003 by the following vote: Samuel L. Neal, Jr. Ci.~-~l~_0 Bill Kelly Brant Chesney ~ Rex A. Kinnison Javier D. Colmenero ~/ Jesse Noyola Melody Cooper ~'8~t~- Mark Scott Henry Garrett 0 I~dayof~ 2003. PASSED AND APPROVED, this the , Armando Chapa City Secretary APPROVED: 3~ day of December, 2003: R. ~,~. av,~_ einir~ Abting'City Attorney Mayor R30542A3,doc A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-$(F) OF THE CODE OF ORDINANCES, TO GUERRERO'S PLACE TO OPERATE AN ON-PREMISES ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 706 S. PORT AVENUE. WHEREAS, Guerrero's Place desires to operate an on-premises alcoholic beverage establishment located at 706 S. Port Avenue, which is situated within the corporate limits of the City of Corpus Christi ("City"); WHEREAS, the location of the proposed business is within 300 feet of a church and child care center; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances ("Code") to prohibit any person from maintaining a business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any church or child care center; WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow the City Council ("Council"), upon application of a business regulated by Section 4-5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resoumes, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, and, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; WHEREAS, Ms. Margaret Rios, on behalf of the owner of the property, Jose Champion, has formally applied to the City for a variance under Section 4-5(f); WHEREAS, Ms. Rios believes and states that enforcement of the regulation, in this particular instance, creates an undue hardship on an applicant for a license or permit; and WHEREAS, Ms. Margaret Rios, on behalf of the owner of the property, requests that the Council grant the variance that Guerrero's Place seeks to obtain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, creates an undue hardship on an applicant for a license or permit and, after consideration of the health, safety, and welfare of the public, grants the variance in the best interest of the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED AS TO LEGAL FORM: February 27, 2004 Eliz~b~ R. Hundley Assistant City Attorney for the City Attorney 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Advancements in Technology STAFF PRESENTER(S): Name 1. Ogilvie Gedcke 2. Connie Burns Title/Position Department Director MIS Assistant Director MIS ISSUE: The City invests in Technology to improve the productivity of employees, the effectiveness and efficiency of operations, and customer satisfaction. To maximize its value in this investment, it is important that there be a high level of planning and coordination through the development of multi-year plans and strategies, especially concerning new and enhanced Technologies. BACKGROUND: The City moved from a Main Frame (centralized environment) to client server applications (decentralized environment) during the 1990's and placed delivery of Information Technology (IT) services in the hands of departments using it. But advancements in IT allow us today to reduce the number and complexity of supported environments by centralizing service delivery. Combined with high personnel costs, it was advantageous for the City to centralize delivery of all IT under the MIS department and the departments are now managing their business information usage while MIS manages the technology for them. REQUIRED COUNCIL ACTION: No action required at this time. In near future, the proposed MIS budget for FY 2004-2005 will be presented to City Council for approval. Ogilvie F. Gedcke, P.E., Director of Information Systems Information Technology The Role of Technology in the Organization Operations Key Factors Influencing Technolo Decisions ■ Operations - Effectiveness and Efficiency o Business Process Improvements o Real Time Transactional Reporting o Key Operating Indicators ■ Employees - Productivity o Hire o Train o Reward ■ Customer - Satisfaction o Adhere to Quality Service Level Standards o eService Current Elements Software o Applications - Automate Business Processes o Databases - Organize Data Storage o Operating Systems - Communicate Between Business Processes and Data Storage Hardware Perform Calculations and Store Data o Desktop Personal Computers (1,200+) o Hand -Held Devices o Servers (50+) o Disk Storage & SAN (3) Connectivity Transmit Data Between Devices o Fiber Cable Plant o WiFi o T-1 lines - Lease o Modems - Lease IT Planning and Direction Centralized under IT Steering Committee o Oversee Plans and Multi -Year Strategies o Identify Funding o Recommend How to Organize for Deployment o Support Technical Standards IT Delivery of Service Now Centralized Under MIS o Project Management o Resource Sharing o Standardization o Centralization ■ Desk -Side Support ■ Servers ■ Data Storage and Backup Information Technology Budget FY 2003-2004 $9.3M Cost of Technology o Purchase o Implementation o Training o Operations and Maintenance ■ Ongoing Costs ■ Vendor Directed Upgrades MIS Support o Public Safety - $412,356 ■ Purchased Mobile Data Computers ■ Started Process to Replace Computer Aided Dispatch and Record Management Systems o Utilities (SCADA) - $119,268 ■ Implemented Monitoring Program at Water Production and Supply MIS Support o Work Management System (MAXIMO) - $520,224 ■ Continued Re-engineering Phase 3 Roll-out o Geographical Information System (GIS) - $673,344 ■ Integrated with Work Management System MIS Support o Utility Billing, Building Inspections, Code Enforcement, Planning (H.T.E.) - $927,792 ■ Improved Access by Web Enabling o Municipal Court - $408,744 ■ Consolidated Operations with Police Department and Replaced Old Servers and PCs MIS Support o Financials & HR Systems (PeopleSoft) - $1,355,112 ■ Upgrading Both Applications ■ Pilots for Skill Based Pay and eRecruit o User Support & Training - $1,183,320 ■ Consolidated Support at Police Department and Municipal Court MIS Support o Connectivity &Telephones - $11815,408 ■ Improved Network Speed and Capacity ■ Consolidated Department / Storage Area Disk Storage at both Municipal Court and Network Police City Hall to ■ Improved Service to Health, Library, and Museum MIS Support o E -Government - $436,000 ■ Online Payments and Communications o Call Center - $268,000 ■ Launch Scheduled for June 1, 2004 MIS Su ort o Automated Meter Reading and WiFi - $1.1M ■ Planning and Pilot Stage of New Program o Library (DYNIX) - $66,000 for Maintenance ■ Replacing Old Automated Card Catalog and Tracking System Proposed Technology Investment "3 -Year Plan" o Arena • Public Safety CAD/RMS Replacement • PeopleSoft Upgrades & Enhancements • Online Building Permits • Call Center • AMR / WiFi • CMMS Upgrade (Maximo) • Imaging Questions &Comments 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Water Supply And Strategy Update CITY STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. Eduardo Gara~a Title Assistant City Manager Director Department Public Works/Util. Water OUTSIDE PRESENTER(S): None ISSUE: Water Supply and Strategy Update BACKGROUND: Senate Bill I was enacted by the 75th Session of the Texas Legislature in 1997. Its purpose is to provide for the orderly development, management, and conservation of water resources and preparation for and response to drought conditions in order that sufficient water will be available at a reasonable cost to ensure public health, safety, and welfare; further economic development; and protect the agricultural and natural resources of that particular region. It directs the initiation of the regional water planning process that requires a region-wide assessment of demands and supplies for the determination of projected needs, Individual water strategies are examined as possible options to meet those needs and this leads to the development of the regional plan for review. This plan is considered to be a reconnaissance level plan which brings together existing studies along with new concepts requiring further study. Each strategy identified is summarized in the Regional Water Plan along with an estimate of cost per acre-foot and the available supply as well as any issues regarding permitting. Regional Water Planning Group Members have a role in the development and evaluation of the Regional Water Plan, The reviewed plan is submitted to the Texas Water Development Board and becomes a component of the State Water Plan. The Coastal Bend Regional Water Plan was produced January 3, 2001 and the Texas State Water Plan was published December 31, 2001. The Coastal Bend Region was recognized as the region having the lowest capital costs to meet future needs as well as the lowest capital cost per capita to meet future water supply needs. The Regional Water Plan developed under the first water planning cycle made a distinction between near-term strategies before 30 years and long-term strategies after 30 years. Water users in the region were separated into two categories; Water User Group referring to small cities or water districts; or major Water Provider category referring to water purveyors in the area. There are two Major Water Providers in the Coastal Bend Region; they are the City of Corpus Christi and the San Patricio Municipal Water District. The City's raw water sources currently on-line include the Choke Canyon Reservoid Lake Corpus Christi system and Lake Texana Reservoir. These surface water reservoirs provide water for the Corpus Christi Regional system in a range from 202,909 acre-feet to 237,000 acre-feet (1 acre foot is enough water to flood an acre of land with 1 foot of water or a football field with 9 inches of water). With this supply, water demands are met to the year 2025 under a worst-case scenario and 2048 under a best-case scenario. These projections do not include the Garwood water rights in the Colorado River Basin which the City owns. The San Patricio Municipal Water District is the City's largest customer and accounts for approximately 21 percent of the City's annual water sales. The City of Corpus Christi's current water supply initiatives include acquiring additional Texana interruptible water, ongoing studies in brackish-water desalination on Padre Island, the Govemor's desalination initiative, wastewater diversion projects, the Garwood pipeline and additional studies as part of the Nueces River Basin Feasibility studies. The initiatives the City is currently pursuing were primarily the lowest cost water supply options identified in the Regional Water Plan with the exception of the Governor's desalination initiative which offers the opportunity for further study of a drought-proof desalination facility in the Coastal Bend at no cost to the City. Acquiring additional interruptible water supplies from Lake Texana allows the use of the existing Mary Rhodes Pipeline to deliver additional water which lowers the over all cost of Texana water. Another effort, the Padre Island desalination initiative, was seen as a project that would increase the capacity in the fastest growing area in the City, has the potential to become a water supply independent from the City's system preserving existing capacity for future use by the City's customers. The project would also serve as a best available information resource for Gulf Coast Aquifer brackish water desalination plants envisioned in the Regional Water plan as a strategy for small cities in the Coastal Bend that are not currently serviced by the City. Many of the City's initiatives were also identified by the Regional Water Planning group for further study as long-term strategies. The Raw Water Cost Adjustment (RWCA) is used to recover all raw water supply costs. The calculation is simply the total annual raw water expenses divided by the number of K/gal. units of raw water sold. The RWCA formula is intended to be revenue neutral with the goal of having raw water revenue equal to the raw water expenses at the end of the year. The expenses and number of units sold are estimated. Any shortage or overage in the raw water revenue collected at the end of the year is rolled into the estimated expenses for the following year. In 2003 the RWCA was calculated at $.728/Kgal. In 2004 the RWCA was calculated at $.891/Kgal. The difference in the rates between 2003 and 2004 is $.163/Kgal. or 18 percent. The majority of the increase $.120/Kgal., is due to lower sales while the remaining .043/Kgal. is due to incremental increase in expenses associated with the pursuit of raw water supply strategies. As the Raw Water Cost Adjustment is a function of cost over units sold, drastic changes in annual expenses or lack of usage affect the stability as welt as the severity of increases in the rate. Conversely increases in units sold serve to spread the costs of raw water and decrease the RWCA rates for all ratepayers. REQUIRED COUNCIL ACTION: None. Assistant City Manager Water Supply and Strategy Update Ronald F. Massey Assistant City Manager -Public Works and Utilities March 2, 2004 State Water Planning Based on Senate Bill 1 1997 Regional Plans Produced January 3, 2001 Texas 2001 State Water Plan Published December 31, Near-term strategies (before 2030) Long-term strategies (after 2030) Planning Region N Water Supply Strategies Near—term Strategies (before 2030) . Water User Groups Small Quantity • Gulf Coast or Carrizo Aquifer -Package Desal Plants, Conservation, System Interconnects. . Magor Water Providers Large Quantity • None. Long-term Strategies (after 2030) . Water User Groups Small Quantity • Gulf Coast or Carrizo Aquifer -Package Desal Plants, Conservation, System Interconnects. . Maior Water Providers Large Quantity • Interruptible Texana, Quality/Conservation, Garwood Pipeline, ASR in Gulf Coast Aquifer. City Water Supply Initiatives Strategy Cost Per Acre-foot Regional Water Plan Cost Per Acre-foot City Texana Firm and Interruptible $285-$335 $266-$307 Wastewater Diversion Projects $239-$281 $197-$260 Padre Island Brackish Desal and ASR $592-$807 $268 $325-$1779 $596 Garwood Pipeline $478-$484 $467-$532 Governor's Seawater Desalination Initiatives $893-$1168 $17010 Corps Feasibility Studies Nueces River Basin Desalination Cotulla Two-way W -W $1,168 >$600 $555 $307 I Region N Groundwater Issues Water levels, saltwater intrusion, subsidence. Purchase of groundwater rights. Groundwater competition. Regulations by new districts. Extensive permitting. Environmental Mitigation. Recent Groundwater Related Events Senate Select Committee on Water Policy SAWS Letter of Intent on Refugio County GW New Groundwater Districts and Alliances Challenges to LBG Guyton Report for Lower Guadalupe Water Supply Project Several Groundwater Modeling Initiatives Companies Offering Leases for GW San Patricio Municipal Water District RFP acre-feet 260,000 240,000 220,000 200,000 160,000 140,000 120,000 100,000 71500 10,440 {, 31,400 'A An A r+!' Total Supply (2003) Firm Yield 237,000 7.500 Safe Yield 202,909 exana ■ LCC/CCR Firm Yield ■ Texana ■ Temporary Texana 0 Texana Interruptible 1 0 Texana Interruptible 11 Supply and Demand 2000-2010 250,000 A. K A 202,909190 9 201,834 138,486 156,416 155,731 948,427 116,062 115,902 112,996 --- 200,000 150,000 100,000 50,000 - M 6ic1--W�LiI1 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 f Firm Yield Supply (F1) —s GRw/Margin Proj Demand —s Safe Yield Supply (Sl) —s—LRw/Margin Proj Demand sActual Demand Supply and Demand Current Projections Supply =Demand 2028 (2025) Safe Yield/ Higher Demand 2034 (2030) Safe Yield/ Lower Demand 2038 (2036) Firm Yield/ Higher Demand 2052 (2048) Firm Yield/ Lower Demand (2002 Projection) Eeeville' 2AS' Agcevv" 1.86% YV45C 0.039E Port 1. Water Users SPNNVD 1 111 Il 1 111 3.92% C8y [f Carpus Christi 62.63% RWCA Implemented in 1997 Designed to Recover All Water Supply Expenses Total Annual Expenses = 1,000 Gallon Units Sold Calculated Annually Revenue Neutral RWCA 1000 Gal. 1.00 0.90 0.80 0.70 0.60 N v 0.50 6KIIEFIJ 0.30 0.20 0.10 0.00 Historical Raw Water Costs (Per Thousand Gallons) 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Year —•— Composite Cost —* Raw Water RWCA Comparison 2003 and 2004 2004 RWCA 2003 RWCA .891 .728 / - + .163 RWCA Increase (Ratepayers) 2003 Actual 2004 Estimated Expenses $ 27,268,781 $ 32,241,993 Revenue $ 239338,154 $ 32,241,993 A $ -31930,627 $0 San Patricio Municipal Water District —Groundwater Land Lease Request for Proposal Initial Capacity 10 MGD Expansion 40 MGD Transported to Facility in Ingleside District will Design, Construct, Own and Operate Additional Information Requested from Consultants ➢Information on Quantity and Quality of Groundwater- Maps, Cross-section and descriptions Price Proposal- in $/Kgal or Acre-feet Identity of Lessor- Copies of Operative Documents ➢Third Parties- Regulatory Approvals, Potential Opponents Impact of Water Sales on RWCA Annual Sales I RWCA 2 10 MGD increase 39, 850, 000 .809 Current Projected Sales 36,200,000 .891 10 MGD decrease 32, 550, 000 .991 20 MGD decrease 287900,000 1.116 1- sales in K/gal. 2- Based on FY 04 estimated costs Questions? /Comments? CITY COUNCIL AGENDA MEMORANDUM PRESENTATION March 02, 2004 AGENDAITEM: Discussion on development of Bond 2004 Program STAFF PRESENTER(S): Name 1. Mark L. McDaniel 2. Angel R. Escobar, P.E. 3. Marlo Tapia Title/Position Department Assistant City Manager - Support Services Director of Engineering Services Assistant Director- Management & Budget ISSUE: The City Council has expressed its commitment to formulate a Bond 2004 package to be presented to the citizens in the November 2, 2004 General Election. The general size of the bond package and project priorities must be determined in order to move forward. BACKGROUND: On February 10, 2004, the City Council was presented with an initial Bond 2004 overview which provided City Council with recently updated cost estimates. In addition, Staff outlined general considerations for a bond package including the dollar amount of a package, affordability and the impact on utility rates for utility relocations associated with street improvements. The City Council expressed their general vision for the bond package, Staff has in turn formulated preliminary structure/parameters for the Bond 2004 Program. REQUIRED COUNCIL ACTION: Staff is requesting further direction in building the Bond 2004 Program. ~rk L. ~Ic'~a n~el Assistant City Manager - Support Services Attachments: PowerPoint Slides � ti Affordability • Debt — $70 million Issue — No tax increase required for debt service — $100 million Issue — 3 cent tax increase required for debt service • O&M — may require additional tax rate increase for some projects • Utility Relocates — will require additional utility rate increases Bond Package Assumptions • 3 % annual growth in property value • 4.98% interest rate • Potential impact of Proposition 13 Prelimina 1. Streets Priorities • Arterial, Collector & Residential • ADA Improvements • TxDOT/MPO Matches • Coordination w/Planned Utility Improvements 2. Golf Courses, Marina & Parks 3. Libraries & Recreation Centers 4. Fire Stations Recommendations • $70 Million Bond Package $45 Million in Street/ADA Improvements TBD $25 Million in Other Improvements Bond 2004 Tentative Timeline - March 30, 2004 - • Finalize Preliminary Project Candidates - April, 2004 - Obtain Public Input/Refine Project Candidates - June -July, 2004 - • Council Finalizes Bond Election Projects - August -October, 2004 - • Public Information Effort - November 2, 2004 - • Bond Election