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
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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