HomeMy WebLinkAboutAgenda Packet City Council - 05/18/2004CITY COUNCIL AGENDA
MAY 18, 2004
Corpus Christi
AII-AmedcaCity
11:45 A.M. - ProclarnalJon declaring May 18, 2004 as =Holl Caiarpillar Day"
Proclamation declaring May 16-22, 2004 as 'Hurricane Awareness Week'
Proclamation declaring May 16-22, 2004 as 'National EMS Week'
ProctamaLion declaring the monlh ol= May as 'Menial Health Month'
Proclamation declaring the month ol: June as 'Fitness Month"
Commendation for Wallace Whitworth, CEO of MHMR retiring alter 25 years
Presentation oi' 3 Automatic External Defibrillators to the Cib/from the American Heart Association
"At Your Service Award", Cib/Staff Recognition
Swearing-in ceremony ol= newly appointed Board, Commission and Committee members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 18, 2004
10:00 A.M.
PUBLIC NO TICE - THE USE OF CELL ULAR PHONES AND SOUND A CTIVA TED PAGERS ARE PROHIBITED IN THE
CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of ~he audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Councit Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petib'on or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted dasea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int&rprete ingl~s-espaflol en tedas las juntes
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact ~he 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 Associate Pastor Brian Crown, Bay Area Fellowship Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
May 18,2004
Page 2
E. MINUTES:
Approval of Retreat Meeting of May 4, 2004 and Regular Meeting
of May 11,2004_ (Attachment # 1)
F. BOARDS & COMMI'I-rEE APPOINTMENTS: (Attachment # 2)
2. * Park and Recreation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items ara listed
as motions, resolutions, or ordinances. If 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 reconsideration and action on any reconsidered
item.
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 matertal 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
requifing separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual considera~on)
Motion authorizing the acceptance of three donated Automatic
External Defibrillators (AED) from the American Heart Association
and assigning those devices to the Fire Department to be used in
the Public Access to AED program, with one of the devices to be
located at the City's new arena. (Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
(Rear to legend at the end o~ the
agenda summary)
Agenda
Regular Council Meeting
May 18,2004
Page 3
Motion approving the purchase of captive replacement parts for
the ultraviolet disinfection system at the Greenwood Wastewater
Treatment Plant from Infllco Degremont, Inc., Richmond, Virginia,
based on sole source for a total amount of $31,411.06. The parts
will be installed at the Greenwood Treatment Plant. Funds have
been budgeted by the Wastewater Department in FY 2003-2004.
(Attachment # 4)
Motion approving a supply agreement with G & K Services,
Corpus Chdsti, Texas, for uniform rental service, in accordance
with Bid Invitation No. BI-0064-04 based on total Iow bid for an
estimated two year expenditure of $145,974.40 of which $18,248
is available for the remainder of FY 2003-2004. The term of the
contract shall be for twenty-four months with an option to extend
for up to one additional twelve-month pedod subject to the
approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the using departments in FY 2003-
2004 and requested for FY 2004-2005. (Attachment # 5)
Motion approving the purchase of a vacuum truck from the
following companies for the following amounts based on the
cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC) for a total amount
of $231,342.68. The equipment will be used by the Wastewater
Department. This unit is a replacement. Funding is available
from the FY 2003-2004 Capital Outlay Budget in the Maintenance
Services Fund. (Attachment # 6)
Kinlock Equipment Co.
Pasadena, Texas
Vacuum Truck Body
$163,351
Masters International
Arlington, Texas
Truck Chassis
$67,991.68
Grand Total: $231,342.68
Resolution authorizing the City Manager or his designee to submit
a municipal solid waste grant application to the Coastal Bend
Council of Governments in the amount of $34,642 for salary for
a second year of grant funding for an Assistant Compliance
Officer. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Reh~r to legend at ~e end ~
age~la summary)
Agenda
Regular Council Meeting
May 18,2004
Page 4
10.
Resolution authorizing the City Manager or his designee to submit
a municipal solid waste grant application to the Coastal Bend
Council of Governments in the amount of $4,000 to pumhase
educational materials for tours and visits to the landfill and to
educate the public on solid waste issues. (Attachment # 7)
Resolution authorizing the City Manager or his designee to submit
a municipal solid waste grant application to the Coastal Bend
Council of Govemments in the amount of $15,000 to develop a
Community Media Outreach Campaign for the City's New Anti-
Litter Ordinance. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
Change Order No. 5 with A. Ortiz Construction & Paving, Inc., of
Corpus Chdsti, Texas in the amount of $103,125 for the Rolled
Curb and Gutter Replacement and Sanitary Sewer Manhole Ring
and Cover Adjustments FY 2003 (Rebid). (Attachment # 8)
Motion approving the application from SMG to temporarily close
the following street section for the Corpus Chdsti and Hispanic
Chambers of Commerce Mixer Event, May 20, 2004:
(Attachment # 9)
The inside travel lane of Northbound Shoreline Boulevard
from Fitzgerald Street to Resaca Street, exclusive of the
median crossovers at Fitzgerald Street to Resaca Street,
beginning at 8:00 a.m., Wednesday, May 19, 2004 through
3:00 p.m., Friday, May 21,2004.
Southbound Shoreline Boulevard from Fitzgerald Street to
Resaca Street, exclusive of the median crossovers at
Fitzgerald Street to Resaca Street, beginning at 8:00 a.m.,
Wednesday, May 19, 2004 through 3:00 p.m., Fdday, May
21, 2004.
Motion authorizing the City Manager or his designee to execute
a Second Amendment to the Pre-Opening Services and
Management Agreement for the Corpus Chdsfi Multi-Purpose
Arena between the City of Corpus Chdsti and SMG, of
Philadelphia, Pennsylvania to include the assignment of the
naming rights for the Multi-Purpose Arena and Convention
Center. (Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Rel'er to legend at I~e end o/the
agenda summary)
Agenda
Regular Council Meeting
May 18,2004
Page 5
11.a.
11.b.
11.c_
12.a.
12.b.
12.c.
Motion authorizing the City Manager or his designee to approve
a Statement of Services #12 for PeopleSoff Solutions Center
Upgrade Services with PeopleSoft USA, Inc., of Pleasanton,
California in the amount of $190,000 to provide the City with a
certified technical upgrade of the PeopleSoft Financials v7.02
software to v8.8 based on sole source. (Attachment # 11)
Motion authorizing the City Manager or his designee to approve
a Statement of Services #13 for Consulting Resources with
PeopleSoft USA, thc, of Pleasanton, California in the amount of
$141,440 for consulting services to provide the City with certified
consultants to assist with the upgrade of the PeopleSoff
Financials v7.02 software to v8.8 based on sole source.
(Attachment # 11)
Motion authorizing the City Manager or his designee to enter into
a contract with Precision Task Group, Inc., of Houston, Texas for
consulting services to support PeopleSoft Financials v7.02 in
accordance with the State of Texas Cooperative Purchasing
Program for an amount not to exceed $150,000.
(Attachment # 11)
Ordinance amending Ordinance No. 025443 which appropriated
funds for operation of 9-1-1 System and other operational
expenses by reducing amount appropriated from $277,154.07 to
$35,000_ (Attachment # 12)
Ordinance appropriating $72,000 from the General Fund No.
1020 Reserve for 911 Wireless Service and $35,000 from
anticipated additional revenues in the General Fund 911 Wireless
Services Revenue Account for consultant services to assist City
in replacement of the existing Police Department Tiburon, Inc.
Phoenix System; amending the FY 2003-2004 Operating Budget
adopted by Ordinance No. 025394 by increasing appropriations
by $107,000. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute
a contract with Public Safety Consultants, Inc. (PSCl), of
Wetumpka, Alabama in the amount of $106,229.25 to provide
consulting services to the Corpus Chdsti Police Department and
Municipal Information Services to replace the existing Tiburon,
CITY COUNCIL
PRIORITY ISSUES
(Rel~' ID leoend at the e~d ~ Ihe
agenda surnma~)
Agenda
Regular Council Meeting
May 18,2004
Page 6
13.
14.
15.
16.
17.
18.
Inc. Phoenix System. This antiquated system provides critical
technology for Computer Aided Dispatch (CAD), Records
Management System (RMS), and Mobile Data Computer Support
(MDC). (Attachment# 12)
Resolution nominating Valero Refining Company - Texas, L. P.
to the Office of the Governor Economic Development and
Tourism (EDT) through the Economic Development Bank (Bank)
for designation as a qualified business and Triple Jumbo
Enterprise Project (Project) under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303,
Texas Govemment Code (Act). (Attachment # 13)
Resolution authorizing the City Manager or his designee to submit
an application to serve as the Fiscal Agent for the Texas
Department of Family and Protective Services (DFPS) FY 2004-
2005 78415 Community Youth Development (CYD) Program in
the amount of $426,000. (Attachment # 14)
Ordinance abandoning and vacating a 1,514-square foot portion
of a 10-foot wide utility easement between Lots 23-25 and Lots
48-50, Block 11, Flour Bluff Park; requiring the owner, SSP
Partners II, L.L.C., to comply with the specified conditions and
replat the property within 180 days at owne¢s expense.
(Attachment # 15)
Second Reading Ordinance - Amending the City's Code of
Ordinances, Chapter 53 - Traffic, Article V - Operation of
Vehicles, by restricting vehicular traffic on the Alameda Street
Bddge over 1-37 as pad of the Regional Transportation Authority's
Livable Communities Initiative; and providing for penalties.
(First Reading 05/11/04) (Attachment # 16)
PUBLIC HEARINGS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Construction Update #3 on Packery Channel. (Attachment # 17)
Presentation of the Third Quarterly Update on the City's Title II
Transition Plan under the Americans with Disabilities Act (ADA).
(Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Re fer t~ lage~d at the end c~ bhe
agenda s~mma~j)
Agenda
Regular Council Meeting
May 18,2004
Page 7
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
19.a.
Motion authorizing the City Manager or his designee to enter into
a sole source contract with Tropos Networks, Inc., of San Mateo,
California in the amount of $641,200 to provide the wireless
broadband network necessary for the implementation of the
Automated Meter Reading/Wireless Broadband Network Pilot
project. (Attachment # 19)
19.b.
Motion authorizing the Cib/Manager or his designee to execute
a Contract amendment with PTI/RAM Technologies, of
Washington, DC in the amount of $300,000 to provide Consulting
Services for the deployment and Contract administration of the
Automated Meter Reading/Wireless Broadband Network Pilot
project, (Attachment # 19)
19.c.
Motion authorizing the expenditure of an amount not to exceed
$100,000 to Amedcan Electdc Power for access to utility poles;
power supply to automated meter reading (AMR) devices; and
build outs as necessary; and to a third party for installation of the
devices necessary for the Automated Meter Reading/Wireless
Broadband Network Pilot project. (Attachment # 19)
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 YOUPLAN
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 recoiling is made of the mee~ng; therefore, please speak into the
microphone located at the podium and state your name and address. If you
have a petition or other information pertaining to your subject, please present
it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es Ilmitado, habr~ un int~rprete
ingl~Js-espaflol en la reuniOn de la junta para ayudarte.
CITY COUNCIL
PRIORITY ISSUES
(Re~' to lage~d at the e~l oi' the
agenda sumrnar¥)
Agenda
Regular Council Meeting
May 18,2004
Page 8
M=
20.
21.
N=
PER ClTY COUNClL 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 dudng the meeting in order to discuss
any matters listed on the agenda, when autho#zed by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Govemment Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Executive session under 551.074 of the Texas Govemment Code
for deliberations regarding the evaluation of the City Manager.
with possible discussion and action related thereto in open
session.
Executive session under 551.087 of the Texas Government Code
for deliberations regarding economic development negotiations.
with possible discussion and action related thereto in open
session.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-rolated matters.
22. CITY MANAGER'S REPORT
CITY COUNCIL
PRIORITY ISSUES
(Refer ~ legend at Ihe end of
age~:la summary)
* Upcoming Items
Agenda
Regular Council Meeting
May18,2004
Page 9
23. MAYOR'S UPDATE
24. COUNCIL AND OTHER REPORTS
O. 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 o,q,:~O p.m.,
Armando Chapa
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Reh~r to legead at ~he end of the
age~:la 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
City Council Retreat
May 4, 2004 - 8:30 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney (Arrived at 8:35 a.m_)
Javier D_ Colmenero (Arrived at 8:50 a.m.)
Melody Cooper (Arrived at 9:10 a.m.)
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott (Arrived at 9:05 a.m.)
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the retreat to order in the Water Garden Room of the Museum of Science
and History. 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.
Mr. Scott Elliff, retreat facilitator, reviewed the day's agenda. Mr. Elliffstated that, unlike
previous years, this retreat would not be focused on creating new Council priorities. Rather, this
year's retreat would focus on the discussion of several key issues. He said the group norms for this
meeting were to LEARN: Listen to each other comments, Engage in the discussion, Ask questions,
Respect one another, and make the best use of our time Now.
The first agenda item was an update and discussion of the Council's priorities. City Manager
Noe reported that the Council had identified eight goals and issues continuing fi.om last year, and
10 new priority issues. Mr. Noe discussed the eight continuing goals first, which he named as
follows: charter revisions, master drainage plan, legislative agenda, Garwood water, increased CVB
funding, new funding for inner city improvements, trashy neighborhoods, and improved permitting
process. He noted that staffprovided the Council a quarterly report on the progress towards meeting
these goals_
City Manager Noe then reviewed the ten new priority issues the Council identified last year
as follows: long-term revenue picture; Bond 2004; revitalize downtowv.~bayfl'ont initiatives; skate
park; long-term storm water funding; ADA compliance; park master plan implementation;
communication with other taxing entities; revisit sexually oriented business (SOB) ordinance; and
call center for city services_
Mr. Elliff asked if the Council had any questions or comments about last year's priority
issues list. Mr. Noyola spoke in support of the Neighborhood Improvement Program. He asked
which neighborhoods would be targeted next year. City Manager Noe replied that next year's areas
would be determined in June or July 2004, and then the list would be submitted to the Council for
their review. Mr. Noyola also spoke in favor of hiring a mortgage counselor to assist citizens with
the mortgage application process. Finally, he asked that Code Enforcement remain vigilant in NIP
areas after the clean-up effort was completed.
Minutes - City Council Retreat
May 4, 2004 - Page 2
Mr. Kelly also spoke regarding the Neighborhood Improvement Program (NIP). He
commented that his suggestions to hire a mortgage counselor and create an In-fill Lot program had
not been implemented, yet he felt they would help the sustainability effort. City Manager Noe stated
if the Council wanted to be more aggressive on obtaining in-fill lots, staff could oblige, but it was
difficult without a dedicated funding stream. He said 4A Board funds could be a funding source,
but the Board had not approved funding at this time.
Mr. Colmenero asked how the city can get the neighborhood to be more proactive in
maintaining the N1P clean-up effort. He also remarked that he understood the down payment
assistance allotment for the city's first-time homebuyers program was going to be increased. City
Manager Noe replied negatively, saying the amount would remain $3,000. He said the amount could
be increased, but this would result in fewer recipients.
Mr. Kinnison spoke regarding communication with other taxing entities, stating that he
would like to see a "summit" take place as soon as possible.
Mr. Scott commented positively on the improvements in the One Stop Shop_ Regarding the
improved permitting process goal, however, he said there were still issues with bureaucracy and
"logjams" in the process that were inhibiting the One Stop Shop's ability to succeed.
Mayor Neal spoke regarding the in-fill lot program, saying the city needed a working
agreement with other taxing entities on how to handle foreclosed properties. He said the discussion
could be held at a future joint meeting. He also asked for an inventory list of available lots_
The next agenda item was a discussion of the 2004-05 budget and fmancial forecast.
Assistant City Manager Mark McDaniel reported on the major revenues and expenditures in the
general fund. He also reviewed the trend line for the city's ad valorem taxes (net taxable values).
Mr. McDaniel displayed charts illustrating the projected impact of Proposition 13 and the projected
impact of the Governor's tax cap. In addition, he reviewed sales tax collections, industrial district
payments in lieu of taxes, and building permit activity. Regarding building permit activity, Mayor
Neal asked if commercial permits for not-for-profit organizations such as hospitals were included
in the figure_ Mr. McDaniel answered affirmatively. Mayor Neal remarked that since the city did
not receive taxes for these types of permits, he asked staff to pull out permits for not-for-profits and
government projects. Mr. McDaniel also reviewed charts depicting the city's general bonded debt
and the general fund unreserved fund balance.
Mr. McDaniel reviewed the five-year financial forecast. He said at th~s point, the city would
need $3,324,467 to balance the budget in FY 2005-06, which presented quite a challenge. He said
staffwould present their ideas to balance the budget in the upcoming weeks. Finally, Mr. McDaniel
reviewed the budget calendar for the remainder of the year.
Mr. Kinnison commented he would like to work with other entities to consolidate operations
for savings. Mr. Noyola suggested making cuts in "little things", such as supplies, to cut
expenditures. Mr. Garrett commented that the re-engineering effort has saved significant amounts
of money in the Wastewater and Water departments. He asked if it could be applied in other areas.
City Manager Noe answered that re-engineering saved costs over the long nm, but it was not as
useful in achieving short-term savings.
Minutes - City Council Retreat
May 4, 2004 - Page 3
The next item on the agenda was a discussion of Bond 2004 proposals. Mr_ McDaniel
reviewed the five proposed bond packages in detail: Package A - $70 million with utilities; Package
B - $70 million without utilities; Package C - $100 million with utilities; Package D - $100 million
without utilities; and Package E - $130 million with utilities.
City Engineer ~3mgel Escobar discussed the proposed neighborhood slxeet improvement
candidates. He placed the streets in the following three categories: Category I (Index 0-29) -
estimated $14,139,583; Category 2 (Index 30-39) - estimated $27,426,389; Category 3 (Index 40-55)
- estimated $105,152,911. He noted that a lower pavement condition index represented a poorer
road condition. He outlined a proposed plan that distributed street projects in each of the districts
for a total of$12.5 million, but noted that the cost did not include sidewalk, driveway, and curb and
gutter improvements_ He pointed out that Bond Package A ($70 million with no tax increase) would
not be able to fund the $12.5 million plan. Mr. Noyola took exception to this proposal because it
would not provide his district with a "no tax increase" option for street projects. He felt staffs
proposals were slighting his dmtrict, and he asked for more consideration of his district's needs. City
Manager Noe stated that the proposals were meant to create a starting point for discussion, and were
not final recorrmaendations by any means.
Mr_ McDaniel returned to discuss the affordability of the bond issue under each package.
He addressed the following topics: the projected impact on utility rates; the impact to the average
customer/taxpayer; and the projected impact of local taxing entities' bond programs.
Finally, Mr. McDaniel spoke regarding another consideration in the Bond 2004 process, the
citizen involvement process. He said public hearings, town hall meetings, and other methods would
be used to inform the public. He also reviewed the following tentative timeline: May-July, 2004 -
Council finalizes bond election projects; August-October, 2004 - public information effort; and
November 2004 - bond election.
Mr. Elliff asked if the Council had any questions or comments regarding the Bond 2004
process_ Mayor Neal suggested that Package D ($100 million without utilities) could be pared down
to $90 million, and then broken down into two parts, $70 million for slxeet projects and $20 million
for other projects. He said this approach would give citizens the opportunity to vote separately for
street projects and/or other improvements in public safety, park and recreation, and public facilities.
In addition, he said his proposal would provide citizens with a "no tax increase" option ($70 million
for streets), but he noted that it would mean an increase in utility rates to pay for street utility work_
The voters could then decide whether or not to approve the additional $20 million for other projects,
knowing that it would necessitate a tax increase. Mr. Kelly spoke in support of the Mayor's idea to
provide a "no tax increase" option_ I-Ie cautioned, however, that priorities may differ from district
to district (e_g. streets vs. libraries). Ms Cooper stated that the project categories should be
separated as much as possible.
The next presentation was a discussion of possible charter revision amendments, led by
Charter Revision Commission Co-Chairs Irma Caballero and John Bell. Ms. Caballero stated that
the possible amendments had been tentatively approved by a majority vote of the commissioners,
except for Proposition 10. She said the commission included Proposition 10 nonetheless so they
could obtain public input during a public hearing to be held during their next meeting at 5:00 p.m.
on Tuesday, June 1, 2004. She said the commission would determine their final recommendations
Minutes - City Council Retreat
May 4, 2004 - Page 4
after the public hearing, and would then forward them to the Council for their consideration in June
or July.
Mr. Bell briefly went over the 10 possible propositions as follows: Proposition 1 - updating
the provisions concerning initiative and referendum in order to comply with new laws and election
procedures; Proposition 2 - updating the provisions concerning city council elections, council
meetings, and the mayor's veto power and recall elections; Proposition 3 - increasing the
compensation of city council members to $12,000 per year and of the mayor to $18,000 per year,
to be effective after the next city council elections; Proposition 4 - updating the provisions
concerning the approval of budgets and the expenditure of city funds in order to comply with new
laws, court decisions and accounting practices; Proposition 5 - allowing city employees, other than
managerial employees and employee's in the city secretary's office, to participate in political
activities; Proposition 6 - simplifying the existing restrictions concerning city officials and
employees running for other public office to make the current provisions easier to follow;
Proposition 7 - changing the property tax cap to conform with the tax cap set by the Texas
constitution; Proposition 8 - allowing certain leases for the construction of boat slips and docking
facilities to be for terms not more than 15 years without the necessity of an elect~on, simplifying the
procedures concerning short-term leases less than 5 years, transfers of leases, regulation of leases
and approval of oil and gas leases, and updating other provisions to current state law and court
decisions; Proposition 9 - updating the provisions concerning general powers of the city to conform
to new state laws and procedures; and Proposition 10 - changing the date of the regular city council
election from the first Saturday in April to the November uniform election date to conduct city
council elections at the same time as elections for federal and state elected officials. Mr. Bell and
Ms. Caballero then responded to questions from the Council.
The next item on the agenda was a discussion on the BRAC (Base Realignment and Closure)
process by Mayor Neal. He reported that the Congress was heavily debating the issue now. He
stated that each base was being judged pr/madly on its military value and its capacity for joint-
service mining, and the emphasis was more on base realignment than closure. He said another
major concern was the realignment of the reserves forces_ Mayor Neal reported that the BRAC
process will culminate in the latter part of the summer, but the national election will probably
prevent the process fi-om being finalized until after November. He said it has been suggested that
Naval Air Station Ingleside may be vulnerable to closure, and staff is working to enhance their
military value_ He also reported that the South Texas Military Task Force advocacy group is facing
financial difficulties, and is seeking additional private and public funds to continue functioning
through the summer_ Mayor Neal then responded to questions from the Council.
Mayor Neal then reported on the state legislative session_ He stated that he and other
mayors and county judges around the state had met with the governor regarding the impact of the
governor's tax cap proposal on municipalities. He said the current proposal was a 5 percent cap on
appraisal values on all primary residential property except for homesteads_ He said there is a
proposed amendment being debated on the floor requesting that voter-approved TIFs be exempted
from the cap. He said the municipalities argued for an 8 percent cap on homesteads only. The
governor asked for a compromise, but the cities and counties in North Texas were strongly opposed
to his proposal. He stated that the speaker of the house was scheduled to send a bill to the senate
this week. He then responded to several questions fi-om the Council.
Minutes - City Council Retreat
May 4, 2004 - Page 5
The final item on the agenda was a discussion of the City Council calendar, led by City
Secretary Chapa. Mr_ Chapa said staff was recommending canceling the following meetings:
August 10, November 30, December 28, and March 15. A consensus of the Council agreed to these
dates, and also amended the list to include November 23. He also reviewed possible dates regarding
the Proposition 13 petition and election deadline dates.
Mayor Neal asked Mr. Chapa if there were any policy changes that needed to be discussed_
Mr. Chapa replied that he and City Attorney Fischer were gathering information to present to
the Council on the new financial disclosure reports being required by the state legislature, beginning
in January 2005.
Mayor Neal thanked the staff and the Council for providing the necessary information for
today's discussion items. He congratulated the Council and staff for meeting many of last year's
priority items. Finally, he thanked Mr. Elliff for facilitating the retreat.
There being no further business, Mayor Neal adjourned the retreat at 1:45 p.m. on May 4,
2004.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Rex Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 11,2004 - 10:05 a.m.
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 Pastor John Bradshaw of the Fellowship of Oso Creek Chumh and the
Pledge of Allegiance to the United States flag was led by Council Member Kelly. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the
regular Council meeting of April 27, 2004. A motion was made and passed to approve the minutes
as presented.
Mayor Neal referred to Item 2 and the following board appointments xvere made:
Animal Control Advisory Committee
Dr. William Watson (Appointed)
Dr. John Buckley (Appointed)
Z. Paul Reynolds (Appointed)
Building, Code Board of Appeals
Bill Alford (Appointed)
John Taylor (Appointed)
Water Shore Advisory Committee
William Grant Ferguson (Reappointed)
Phillip Lara (Appointed)
Victor Menard (Appointed)
Brien A. Nicolau (Appointed)
Joe Morris Fox (Appointed)
Corpus Christi Convention and Visitors Bureau
N. Foster Edwards (Appointed)
Transportation Advisory Committee
Robbie Foster (Reappointed)
William Green (Appointed)
Alex McNair (Appointed)
Minutes - Regular Council Meeting
May 11,2004 - Page 2
Mayor Neal called for consideration of the consent agenda (Items 3-20). City Secretary
Chapa announced that Council Member Noyola would abstain from the vote and discussion on Items
14 and 16, and Council Member Kelly would abstain from the vote and discussion on Item 8.
Council members requested that Items 9 and 17 be discussed. There were no comments from the
audience. A motion was made and passed to approve Items 3 through 20, constituting the consent
agenda, except for Items 9 and 17, which were pulled for individual consideration. City Secretary
Chapa polled the Council for their votes as follows:
3_ MOTION NO. 2004-176
Motion approving the purchase of three tractor loader backhoes from Landmark Equipment,
Inc., Irving, Texas for the total amount of $195,804.63. The award is based on the
Cooperative Purchasing Agreement with the Houston-Galveston Area Council of
Governments (HGAC). These backhoes will be used by the Gas and Water Departments.
Funding is available from the FY 2003-2004 Capital Outlay Budget in the Maintenance
Services Fund. All three units are replacements to the fleet.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Gm-rett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4. MOTION NO. 2004-177
Motion approving the purchase of laboratory casework furniture from VWR International,
Irving, Texas in the amount of $44,403.03. The equipment will be used by the Health
Department. This purchase is exempt from the competitive bidding statutes. Funds are
available from the Health Department Bioterrorism Preparedness Grant Fund.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5. MOTION NO. 2004-178
Motion approving a supply agreement with Ridgeway's, Corpus Christi, Texas for
blueprinting service in accordance with Bid Invitation No. BI-0057-04, based on low bid for
an estimated annual expenditure of $125,000, of which $31,250 is budgeted in FY 2003-
2004. The term of the agreement will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the using departments in FY 2003-
2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 11, 2004 - Page 3
6.a. MOTION NO. 2004-179
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$139,790 in funding fi-om the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Departments role in the Texas Coastal Comdor
Initiative in the Houston High Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.b. ORDINANCE NO. 025741
Ordinance appropriating $139,790 Grant fi-om the Executive Office of the President, Office
of National Drug Control Policy, m the No. 1061 Police Grants Fund, to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity
Drug Trafficking Area_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and
Scott, voting "Aye".
ORDINANCE NO. 025742
Ordinance appropriating $500,000 grant from the Texas Parks and Wildlife Department m
the No. 1058 Marina Grant Fund to provide funding for a new Cooper's Alley L-Head three
lane boat ramp.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
MOTION NO. 2004-180
Motion authorizing the City Manager or his designee to execute a contract with Geograph
Industries, Inc., of Harrison, Ohio in an amount not to exceed $280,688.74 for the Corpus
Christi Multi-Purpose Arena and Convention Center Wayfinding Signage Package.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Minutes - Regular Council Meeting
May 1 l, 2004 - Page 4
10.
11.
12_
13.
14.
MOTION NO. 2004-182
Motion authorizing the City Manager or his designee to execute a construction contract with
King Isles, Inc., of Corpus Christi, Texas in the amount of $284,740 for the Tesoro Drive
Lift Station and Force Main Replacement.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-183
Motion authorizing the City Manager or his designee to execute two Utility Easement
Instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of
$31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a,
Project and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-184
Motion authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) in the amount of
$399,468.35 for the State Highway 44 Clarkwood Bypass Utility Casings.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-185
Motion author/zing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) in the amount of
$296,607.54 for the installation of two (2) steel utility casings on United States Highway 77.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO, 2004-186
Motion authorizing the City Manager or his designee to execute a construction contract with
Sun Ports International, Inc., of Dallas, Texas in the amount of $1,143,095 for the Corpus
Christi International Airport Covered Parking project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained_
Minutes - Regular Council Meeting
May 11, 2004 - Page 5
15. MOTION NO. 2004-187
Motion authorizing the City Manager or his designee to execute a sixty-month lease
agreement with Holt-Cat, Inc., of Corpus Christi, Texas in the amount of$10,394 per month
for replacement of failed bulldozer at J. C. Elliott Landfill.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye".
16. ORDINANCE NO, 025743
Ordinance appropriating $1,089,744 in Passenger Facility Charge Fund No. 4621 fi.om
unreserved fund balance for Airport Landside Roadway System Reconstruction
Improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647
to increase appropriations by $1,089,744.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
18. ORDINANCE NO. 025745
Amending Article VII, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding
Fill Permits; and providing for penalties. (First Reading 4/27/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"_
19. ORDINANCE NO, 025746
Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building
permit and survey fees for businesses operating exclusively in the Renewal Community; and
providing for an effective date. (First Reading 4/27/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
20. ORDINANCE NO. 025747
ordinance naming the Ground Transportation Facility at the Corpus Christi International
Airport the Virginia L. Turner Parking Plaza. (First Reading 4/27/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
May 11, 2004 - Page 6
Mayor Neal opened discussion on Item 9 regarding the a construction contract for the Resaca
lift station. Council Member Scott asked if this item was included in the proposed budget for the
downtown drainage improvements. City Engineer ~ngel Escobar replied affirmatively. City
Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2004-181
Motion authorizing the City Manager or his designee to execute a construction contract with
Holloman Corporation, of Converse, Texas in the amount of $4,621,795 for the Resaca Lift
Station and 48-Inch Wastewater Gravity Line.
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 17 regarding the resale of 91 foreclosed properties.
Council Member Kelly asked who held the title to these properties_ Mr_ Marvin Leafy with
Linebarger, Goggan, Blair, & Sampson, L.L.P. replied that the titles were in the name of Nueces
County as trustee for themselves and the other taxing units fi-om whom they collect_ Mr_ Kelly
asked if the city had explored using any of the lots for in-fill use. City Manager Noe replied that
staffhad examined the list and determined that approximately 30 properties had some potential for
an in-fill program. He said the city had until June 12 to strike any property fi'om the list. He said
staff was investigating the matter further, and could potentially ask to withhold a number of
properties to pursue more in-fill lots opportunities, as the Council had requested during their retreat.
He cautioned, however, that the city would need more financial resources to pursue in-fill lots more
aggressively.
Mr. Kelly asked if the city would have to pay the other taxing units compensation for back
taxes on the selected properties. City Manager Noe answered that the city had not discussed the
matter with the other taxing units, but the taxing entities did have the power to waive or greatly
reduce the payment in exchange for beneficial use. He also cautioned that under Texas law, the
property owner had up to two years to reclaim the property. Council Member Kelly asked Mr. Noe
to begin discussions with the other taxing entities now to see if they would be amenable to an
agreement regarding in-fill lots. Mr. Leary added that all tax sales are made "as is", with no
guarantees that the property is fit for development or a clear title. He said the city may have to
determine whether there were any title issues, an additional expense. City Secretary Chapa polled
the Council for their votes as follows:
17. ORDINANCE NO. 025744
Ordinance authorizing the resale of ninety-one (91) properties shown on the attached and
incorporated Exhibit A, which were foreclosed upon for failure to pay ad valorem taxes and
miscellaneous liens, for minimum opening bids equal to prices listed on the attached Exhibit
A.
The foregoing ordinance was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Gan'ett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 11, 2004 - Page 7
Mayor Neal referred to Item 21, a public heating to abandon and vacate an undeveloped
right-of-way in West's Laguna Madre Place. Director of Development Services Barbara Bailey
announced that this item had been withdrawn by the applicant.
21.a_ WITHDRAWN
Public bearing to conside, aba.doni.g alld vacating a 12-foot wide by 159-foot long (1,908-
square foot) u.developed public ,ight-o~vay, out of Lots 1-2, Dl~k D, West's Lagu.a
Mad~ Place.
21.b. WITHDRAWN
Ordinaqcc abandoning and vacating a 12-foot wide by 159-foot long (1,908-squa,~ foot)
public right-of-way out of Lots 1-2, Block D, West's Lag~,a Ma&e Place, subject to
co,.pli,~,,,.c with the specified ¢o.ditions and thc cr~n~.~ ~,.~,latting thc l.,~op,.,t.~ withhl 180
days at its expense.
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-01, Yorktown Oso Joint Venture: A change of zoning from a "F-R" Farm-
Rural District to a "B- 1" Neighborhood District on Tract 1, "R-2" Multiple Dwelling District
on Tract 2, "R-lC" One-family Dwelling Distr/ct on Tracts 3, 4, and "R-lB" One-family
Dwelling District on Tract 5. The property is in Flour Bluff and Encinal Farm and Garden
Tracts, Section 25, being 62.92 acres out of Lots 17, 18, 19, and 20, located along the
southeast intersection of Yorktown Boulevard and Rodd Field Road.
City Secretary Chapa said the Planning Commission and staffrecommended the approval
of the "B-I" Neighborhood Business District.
No one appeared in opposition to the zoning change. A motion was made, seconded and
passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
May 11,2004 - Page 8
22_ ORDINANCE NO. 025748
Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture, by
changing the zoning map in reference to 62.92 acres out of Flour Bluffand Encinal Farm and
Garden Tracts, Section 25, Lots 17, 18, 19, and 20 from "F-R" Farm-Rural District to Tract
1 - "B-l" Neighborhood Business District, Tract 2 - "R-2" Multi-Family District, Tracts 3
and 4 - "R-1C" One-Family Dwelling District and Tract 5 - "R-lB" One-Family Dwelling
District; amending the Comprehensive Plan to account for any deviations fi.om the existing
Comprehensive Plan_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-02. Puentes Family Limited Partnership: A change of zoning from a "R- 1B"
one-family Dwelling District to a "R-lC" One-family Dwelling District on Tract 1, "AB"
Professional Office District on Tract 2, and "B- 1" Neighborhood Business District on Tract
3. The property is in Bohemian Colony Lands, Section 9, being 36.36 acres out of Lot 6,
located along the east side of Kostoryz Road at Masterson Drive.
City Secretary Chapa said the Planning Commission and staffrecommended the approval
of the "R- 1C" one-family Dwelling District on Tract 1, "AB" Professional Office District on Tract
2, and "B-1" Neighborhood Business District on Tract 3.
No one appeared in opposition to the zoning change. A motion was made, seconded and
passed to close the public hearing. Mr. Noyola asked where the property was located. Assistant
Director of Development Services Michael Gunning answered that the property was located south
of Holly Road, and directly across fi.om Kostoryz Road to the east on Wickersham. Mr. Chapa
polled the Council for their votes as follows:
23. ORDINANCE NO. 025749
Amending the Zoning Ordinance, upon application by Puentes Family Limited Partnership,
by changing the zoning map in reference to 36.36 acres out of Lot 6, Section 9, Bohemian
Colony Lands, fi.om "R- 1B" one-Family Dwelling District to "R- 1C" One-Family Dwelling
District on Tract 1, "AB" Professional Office District on Tract 2, and "B-1" Neighborhood
Business Distr/ct on Tract 3; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the
Minutes - Regular Council Meeting
May 11,2004 - Page 9
public hearing on the following zoning case:
Case No. 0404-03, Mostaghasi Investment Trust. Inc.: A change of zoning fi.om a "F-R"
Farm-Rural District to an "A- 1" Apartment House District. The property is in Flour Bluff
and Encinal Farm and Garden Tracts, Section 12, being 9.809 acres out of Lots 21 and 22,
located along the southwest comer of Wooldridge Road and Dewberry Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of an "A- 1" Apartment House District.
No one appeared in opposition to the zoning change. Mr_ Noyola made a motion to close
the public heating, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their
votes as follows:
24. ORDINANCE NO. 025750
Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, Inc.,
by changing the zoning map in reference to 9.809 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 12, Lots 21 and 22 fi.om "F-R" Farm-Rural District to "A-l"
Apartment House District; amending the Comprehensive Plan to account for any deviations
fi-om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved w~th the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-04, Ata-O-Azali, Inc.: A change of zoning fi.om a "F-W' Farm-Rural
District, "A-2" Apartment House District and "B4" General Business District to a "R-1C"
One-family Dwelling District on Tracts 1 and 2, and "B4" General Business District on
Tract 3. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 22,
being 25.29 acres out of Lots 17, 18, 19, 25, and 26, located along the east side of Cimarron
Boulevard, north of the Oso Creek_
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R-1C" One-family Dwelling District on Tracts I and 2; denial of the "B-4" General Business
District on Tract 3, and in lieu thereof, approval of a "B-1" Neighborhood Business District_
Mayor Neal asked if the applicant concurred with the changes. Mr. Gunning replied
affirmatively.
No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
May ll,2004-Page l0
25. ORDINANCE NO. 025751
Amending the Zoning Ordinance, upon application by Ata-O-Azali, Inc., by changing the
zoning map in reference to 25.29 acres out of Lots 17, 18, 19, 25, and 26, Section 22, Flour
Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm-Rural District, "A-2"
Apartment House District, and "B-4" General Business Dislrict to "R-lC" One-Family
Dwelling District on Tracts 1 and 2 and "B- 1" Neighborhood Business District on Tract 3;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and
Scott, voting "Aye"
Mayor Neal referred to Item 26, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-05, Richard Hesse II: A change of zoning from a "R-lB" One-family
Dwelling District to an "AT" Apartment Tourist District. The property is in Padre Island-
Corpus Christi, Section E, Block 3, Lots 21, 22, 23, 24, 25, and 26, located on the north side
of Running Light Drive and 250 west of Leeward Drive.
City Secretary Chapa said the Planning Commission and staffrecommended the approval
of an "AT" Apartment Tourist District.
No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close
the public heating, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council
for their votes as follows:
26. ORDINANCE NO. 025752
Amending the Zoning Ordinance, upon application by Richard Hesse, II, by changing the
zoning map in reference to Padre Island, Section E, Block 3, Lots 21, 22, 23, 24, 25, and 26,
from "R-lB" One-Family Dwelling District to "A-1" Apartment House District; amending
the Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan_
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal pointed out that several of the zoning cases today were for new residential
subdivisions in the proximity of the southside corridor being considered for sweet improvements
through the Bond 2004 program_ He wanted to ensure that staff.was coordinating the development
efforts with potential projects included in the bond package. Mr. Gunning replied that staff was
coordinating the re-zoning requests with Engineering Services and the Special Projects division
through periodic reports. Mayor Neal emphasized that it was important to keep track of this
Minutes - Regular Council Meeting
May 11, 2004 - Page 11
information because it would impact the decision making process for the bond package.
*************
Mayor Neal referred to the presentations on the day's agenda. The f'Lrst presentation was a
quarterly update fi.om Work-Force 1. Ms_ Irma Caballero, Chairperson of the Work-Force 1 Board,
reported that the board had adopted a new, more stringent conflict of interest policy on April 22,
2004. She said it was consistent with the new roles adopted by the Texas Workforce Commission,
adopted on April 6. The new rules prohibited the board fi-om contracting with a board member, a
board member's business, organization, institution, or a board employee. She said this provision did
impact two current board members. She also said the local policy was s~onger than the state policy
in that it did not allow community-based organizations (CBOs) to serve on the board and have
existing contracts. She said the board was pleased with the changes.
Ms. Caballero then gave an update on the service provider procurement process, one of the
most important functions of the board_ She said the request for proposals (RFPs) were designed to
allow bid responses to be tailored to three specific geographic areas as follows: Region 1: Nueces
and San Patricio counties; Region 2 - Live Oak, Bee, Aransas, Refugio, and McMullen counties;
and Region 3 - Duval, Jim Wells, Kenedy, Kleberg, and Brooks counties. She said separate
proposals were required for youth services and one-stop adult services (including child care). She
said the deadline to submit a proposal was April 16. She said they have received six proposals for
the one-stop contract and four proposals for youth services. She said the provider selections would
be made on May 20, when the board would receive recommendations fi.om the independent
reviewers.
Mr. Oscar Martinez, CEO of Work-Force 1, then provided an update on the local labor
market. He reviewed charts depicting the annual average labor force for Nueces County and the
Coastal Bend Workforce area since 1998. He said the trends demonstrated that the labor force in
both areas was growing, but at a very slow rate. In Nueces County, the annual average labor force
increased by 3.5 percent since 1998, or a 0.6 percent increase per year. In the Coastal Bend
Workforce area, the annual average labor force rate increased by 3.18 percent, or 0.5 percent
increase per year. By contrast, he said the annual average labor force in the state of Texas during
the same time period was 7.64 percent, or 1.27 percent growth per year. Mr. Scott asked Mr.
Martinez to send his interpretation of how the Texas Workforce Commission generated these labor
numbers.
Mr. Martinez briefly reviewed a chart illustrating the 2004 unemployment rate in Nueces
County compared with Texas and the Coastal Bend Workforce Development area. He said the
trends demonstrated that Nueces County's rate was lower than the state and the Workforce area. He
said, however, that the unemployment rate had increased in Nueces County since 2001 fi.om 5.1
percent to 5.8 percent in 2004.
Mr. Martinez then briefed the Council on the Work-Force 1 performance review. He said
Work-Force 1 was closely monitored by the Texas Workforce Commission on 42 performance
standards. As of March 2004, Mr. Martinez said the Coastal Bend Work-Force 1 was ranked
number two in the state for performance, meeting or exceeding performance in 35 out of 42
standards. Although recogrtizing the importance of the state's performance standards, Mr. Martinez
Minutes - Regular Council Meeting
May 11, 2004 - Page 12
thought they should be the minimum standards Work-Force 1 should meet. He said they were
working to at least meet expectations on the seven standards they were not currently meeting. He
said Work-Force 1 had until the end of August 2004 or June 30, 2004 to meet the performance
standards.
Finally, Mr. Martinez reported on Work-Force I contractors and mining institutions. He
said by law, they were prohibited fi.om providing direct services to any customers. He said they
were required to contract out for all of their service delivery needs, which explained why the service
provider procurement previously mentioned was so important. He provided a list of contractors,
including the following: Aransas County ISD/Rockport-Fulton, Beeville ISD, Care Consulting
Services, Communities in Schools, Del Mar College, and the Workforce Network, Incorporated_
He also listed their training institutions, including the following: 4-KfHouston, Inc., Career Centers
of Texas, Coastal Bend College, CompUSA, Texas A&M University, and Southern Careers
Institute, Incorporated_
The next presentation was Item 28, an update on the governor's desalination grant study.
Assistant City Manager Ron Massey introduced Mr. Mark Lowry with Turner Collie and Braden,
the lead consultant on the project, who would provide the update. Mr. Massey noted that the grant
required that an update be submitted at the halfway completion point of the project_
Mr. Lowry briefly reviewed the project timeline. He said a draft completion report was due
on July 31, 2004; however, he said staff was asking for an extension to August 31, 2004 to address
some recent concerns. He said the final regional planning report completion date was September
30, 2004.
Mr. Lowry provided a list of consultant team members, including the following: Metcalfand
Eddy; Olivarri and Associates; LNV Inc.; RVE Inc.; and BHP Incorporated.
Mr_ Lowry then discussed the project public information activities. He said a kick-off
meeting had been held for Region N_ In addition, a project fact sheet had been created, and
information on the project was posted on the city's website. Finally, he said the Coastal Bend Bays
Foundation had sponsored an Oso B ay workshop to promote the project_ He said the main challenge
was to differentiate this project f~om the Padre Island desalination project.
Mr. Lowry provided a summary of nine different tasks required for the project as follows:
site requirements; treatment; source-water blending; potential partners; potential customers; identify
power sources; project funding and structure; cost model; and final report. Regarding Task 1, the
site requirements, he said the initial criteria for screening had been completed, resulting in four
possible site locations. He said the team had narrowed down the list to two sites, with the potential
for a third site sponsored by an outside group. In addition, he said they had evaluated the intake
options for each of the facilities.
Mr. Lowry reported on Task 2, treatment, which was comprised of two measures, water
quality and byproduct management. Regarding water quality, he said each potential site had
different quality parameters which required study. He said they were investigating the use of
brackish groundwater to reduce quality issues. Regarding byproduct management, he said the team
was investigating a number of options, including evaporation, concentration, deep well, and Gulf
Minutes - Regular Council Meeting
May 11,2004-Page 13
discharge_ In addition, he said there was a potential industrial customer interested in reusing the
byproduct water at one of the potential sites.
Mr. Lowry then reported on Task 3, source-water blending. He said each site had specific
data that needed to be studied. For groundwater blending, he said a significant and stable amount
of groundwater (extraction at greater than 10 mgd) was needed, which was hard to find in this area.
Regarding Task 4, potential partners, Mr. Lowry said the list would depend on the site
selected. He said they have investigated research needs based on the treatment and site development
needed. Finally, he said the project development draft is complete, and will be submitted to staff
shortly.
Regarding Task 5, potential customem, Mr_ Lowry said their selection was based on need,
including the San Antonio Water System (SAWS), Laredo, Central Hays County, and Southern
Williamson County. He said they would determine raw water costs and potential revenue slxeams
for each potential site. He said the Texas Water Development Board (TWDB) has recognized that
signed commitments fi.om the users are not feasible by the deadline because they take time to
negotiate.
Mr. Lowry reported on Task 6, identifying power sources. He said the Barney Davis site
could be powered offthe grid if it was not functional. They also looked at alternate sources like
wind power and solar power, and he said wind power was a close competitor for a portion of the
electricity required.
Regarding Task 7, project funding and structure, Mr_ Lowry said the team has drafted a
report comparing the advantages and disadvantages of project delivery for each site which will be
submitted to the city shortly. He noted that the team has incorporated lessons learned fi-om the
Tampa Bay desal project in the draft report.
Finally, Mr. Lowry reported on Tasks 8 and 9, cost model and report. He said the team
developed a task report for each task. He said the draft text sections were complete, and awaiting
additional sections_ He said the cost model framework had been prepared, and awaiting additional
cost data from other tasks.
Mr_ Scott noted that Corpus Christi was one of three cities vying for the desal project_ He
asked what criteria the state legislature would use to judge the projects. Mr. Lowry replied that the
projects would be judged primarily on the water needs served by the project, and also on the size
of the subsidy needed fi.om the state to realize the project. He said Corpus Christi was at a
disadvantage because they did not need the water, but they were close to areas, like San Antonio,
that did need the water. He said Corpus Christi's advantage was that it had demonstrated the ability
to construct a water-distribution project in a short period of time (Mary Rhodes pipeline), and they
could easily serve the water needs of their existing customers with the surplus water_
Mayor Neal deviated from the agenda and referred to Item 30, a presentation on a proposed
cooperative marketing concept for the Bayf~ont Arts and Sciences Park/Corpus Christi Beach area.
Mr_ Tom Galyon, CEO and President of the Convention and Visitors Bureau, reported that on
Thursday, May 6, a group representing the major attractions in the harbor area, bordering 1-37 to the
Minutes - Regular Council Meeting
May l 1, 2004 - Page 14
Harbor Bridge and Corpus Christi Beach, met with City Manager Noe to discuss the need for a
unified theme and proposed branding of this area to maximize marketing budgets and stimulate
interest as a tourist destination. He noted that a similar concept was first introduced in 1998, but did
not come to fi-uition. He said the group included representatives from Heritage Park, Asian Cultures
Museum, Art Museum of South Texas, Museum of Science and History, Texas State Aquarium,
USS Lexington, Ortiz Center, and the Old Concrete Street amphitheater. In addition, he said the
new development in the area, namely the new arena and expanded convention center, baseball
stadium, and the water taxi linking the northern and southern sides of the harbor, perfectly
complimented the existing attractions and added to the concept.
Mr. Galyon showed a video depicting the group's ideas for the axea, naming it "Harbor
Place". He emphasized that it was important, as the city prepares for the upcoming bond election,
that attention be given to this section of the city, in terms of infrastructure improvement, signage
lighting, and brand development.
The Council then asked several questions. In response to Mr. Scott's question, City Manager
Noe said the capital costs for initia ting the project were unknown a t this time. He said a plan needed
to be developed, but there could be opportunities to integrate the improvements into existing
projects. He stated, however, that additional funds would be required to develop the plan. Mr.
Galyon added that the Convention and Visitors Bureau would contribute the funds needed to market
the concept.
Mr. Bill Otton with the South Texas Institute for the Arts, Mr. Tom Schmid with the Texas
State Aquarium, Mr. Rocco Montesano with the USS Lexington, and Mr. Sam Susser, President of
the USS Lexington Association, spoke in support of the concept and asked for the Council's
consideration and support in the upcoming bond election.
Mayor Neal thanked all the representatives for their efforts and input. He asked City
Manager Noe to place an item on the agenda soon so the Council could formally endorse the
concept. He thanked Mr. Susser for bringing all the various visitor industry groups together.
Mayor Neal called for a brief recess to present proclamations.
The Council returned fi'om recess, and Mayor Neal called for petitions fi.om the audience.
Mr. Sirfrederickvonusa King 7~', 904 Cleveland St. #4, spoke regarding the possibility ofhaving Air
Force One or Marine Corps One visit Corpus Christi. Mr Jack Gordy, 4118 Bray, thanked the
Council for their efforts to communicate with Nueces County on the jail contract issue, and he also
spoke regarding issues involving an incident in which police officers entered his home in April
allegedly without knocking, and the Proposition 13 petition. Ms. Kay Noyes, 930 Coral, spoke
regarding her views on various issues raised in the editorial page of the local paper_
Mayor Neal called for another brief recess.
Minutes - Regular Council Meeting
May 11, 2004 - Page 15
The Council returned fi-om recess. Mayor Neal referred to the next presentation on the day's
agenda, Item 29, an update on Phase 1 of the Garwood Pipeline routing plan. Mr. Russell "Rusty"
Gibson, project manager with Freese & Nichols, explained that there were seven phases in the study
as follows: screening study of options (complete); detailed study of options; pipeline route study;
surveying, easements, and permitting; preliminary design; final design; and construction.
Mr. Gibson reported that during Phase 1, the screening study of options, the team had
developed eight options, three of which were being recommended for further development. He said
the eight options were comprised of three categories as follows: alternate intake locations; alternate
delivery operations; and alternate partnership scenarios, fu addition, he said the following selection
criteria were used to narrow down the list of options: requirement for facilities; construction cost;
land cost; environmental conflicts; ease of permitting; flexibility for additional partners; and water
availability.
Mr. Gibson briefly reviewed each of the eight options, and explained why they were or were
not being recommended. He noted that several of the options originated in Bay City, one originated
in the Pierce Ranch Irrigation District near Wharton, and two originated near the town of Garwood.
He concluded that Option I (combined facilities with LCRA), Option 6 (Gulf Coast I.D. Furbor
Canal to the Mary Rhodes Pipeline), and Option 5 (Garwood Town canal to the Mary Rhodes
Pipeline) were being recommended for further study in Phase 2_
Mr. Gibson described each of the recommended options in more detail. He said Option 1
involved parmering with the LCRA and SAWS to develop combined facilities including a pipeline,
pumping station, and possible off-channel storage. He said the delivery of the Lower Colorado
River water would be fi'om a diversion site located at LCRA's existing channel dam near Bay City
to a point near Lake Texana, where a connection could be made to the Mary Rhodes Pipeline for the
delivery of water to Corpus Christi, and a separate pipeline could be conslxucted by SAWgfor water
delivery to San Antonio. He said it could be a very favorable partnership arrangement if SAWS's
pipeline goes south of Lake Texana. In addition, he stated that LCRA and SAWS were currently
performing studies on environmental impacts mandated by the state for a study period of seven
years. The project construction was estimated to be seven to 40 years. Finally, he said Option 1 was
conducive to favorable partnership arrangements, and would probably result in economic benefits
for the city
Regarding Option 5, Mr. Gibson reported that it involved the diversion of water fi-om the
Garwood Irrigation District's "Town Canal" into West Mustang Creek and ultimately Lake Texana.
He said this option had the lowest capital costs, but had some challenging permitting issues.
Finally, Mr. Gibson said Option 6 included a new pump station located on the LCRA's Gulf
Coast Irrigation District's Furbor Canal near F.M. 2431 and a new pipeline to the existing Mary
Rhodes Pipeline at Lake Texana. He said Option 6 had a medium construction cost, the lowest
environmental conflicts, and the lowest permitting difficulty. He said LCRA was in favor of this
option.
Council members asked questions regarding potential partnerships with SAWS and LCRA,
water rights, and the timeline for the projects. Regarding the timeline, Mr. Massey said staffwould
develop a Phase 2 contract for Freese & Nichols to allow them to begin the analysis of the
Minutes - Regular Council Meeting
May 11, 2004 - Page 16
recommended options. Meanwhile, the city would obtain more information on the SAWS/LCRA
study timeline. He noted that any parmership options would be affected by the LCRA/SAWS study
timeline. City Manager Noe added that the city would hold a joint meeting with the LCRA Water
Committee from August 23-24 to discuss their respective plans.
Mayor Neal opened discussion on Item 31, a resolution supporting the concept of an
enhanced public transit system within the downtown area. City Secretary Chapa announced that
Council Member Scott and Council Member Kelly were abstaining from the vote and discussion on
this item. City Manager Noe stated that the item was placed on the agenda in response to the
discussion at the last regular Council meeting regarding the RTA's proposed trolley project. He said
the draft resolution was designed to outline three key policy questions as follows: general support
for the project; the Council was not in the position to provide substantial funding; and basic
endorsement of the trolley routing north of 1-37 to be on Shoreline and south of 1-37 to be along
Water Street (Alternative 3).
Mr. Kiunison remarked that he approved of the resolution's language regarding funding
issues. He did not support, however, Section 5 regarding the Council's endorsement of a trolley
route along Shoreline Boulevard north of 1-37 and along Water Street south of 1-37_ He was
opposed to Alternative I which ran exclusively along Shoreline Boulevard, but he was still
considering a number of variations for Alternative 3 which may or may not include the one outlined
in the resolution. He asked Ms. Linda Watson, RTA Director, several questions regarding the
environmental assessment study and funding issues.
Mr. Garrett commented that he has been hearing a great deal of misinformation regarding
the trolley project, and he asked Ms. Watson to enhance the project's public information campaign_
Mr. Noyola apologized if he gave the appearance of being completely against the Shoreline
route at last week's regular meeting. He said he now wanted to keep his options open until the
public input period of the RTA's study was completed.
Mr. Colmenero remarked that it seemed the community was questioning the need and
expense for this project when so many other transportation and infrastructure needs were not being
addressed. He spoke in support of the completion of the RTA's envirommental assessment study for
the trolley project because it would provide important information on the project's feasibility.
Regarding the resolution's language, he asked that the seventh paragraph be amended to make it
more general.
Mayor Neal commented that during his meetings with the representatives of the harbor area
attractions, the consensus of the group was to route the trolley through the Water Gardens area to
increase the number of visitors to the museums and other attractions in this area. Mr. Kinnison
disagreed, saying that there was not a consensus among the group. Ms. Watson suggested that the
Council wait until the completion of the public information stage of the environmental assessment
before determining a preferred route. She said the study would provide them with a wealth of
information to use in the decision making process.
Minutes - Regular Council Meeting
May 11, 2004 - Page 17
Mayor Neal asked for public comment. Mr. Sirfrederiekvonusa King 74 asked if the new
trolley would be fi'ee of charge like the existing rubber-tire trolley. Ms. Watson replied negatively,
saying that a fare would be charged_
Mr. Kinnison made a motion to amend Section 5 of the resolution to read that "the City
Council supports adoption of an alternate route that avoids Shoreline Boulevard south of IH-37",
seconded by Mr. Chesney. Mr_ Colmenero requesting amending the seventh paragraph of the
resolution to include more general language. Mr. Chesney suggested eliminating the paragraph
altogether, and Mr. Colmenero agreed. Mr. Kinnison and Mr. Chesney were in agreement with Mr.
Colmenero's amendment. City Secretary Chapa polled the Council for their votes on the
amendments as follows: Neal, Chesney, Colmeneru, Cooper, Garrett, Kiunison, and Noyola, voting
"Aye"; Kelly and Scott abstained. The motion to amend the resolution passed_ City Secretary
Chapa polled the Council for their votes on the amended resolution as follows:
31. RESOLUTION NO. 025753
Resolution supporting the concept of an enhanced Public Transit System within downtown
Corpus Christi.
The foregoing resolution was passed as amended with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye"; Kelly and Scott
abstained.
Mayor Neal opened discussion on Item 32, a proposed amendment to the city code to restrict
traffic on the Alameda Street Bridge over 1-37 as part of the RTA's Livable Communities Initiative.
Assistant Director of Engineering Services Kevin Stowers explained that the RTA was responsible
for all of the costs and maintenance associated with the project. He added that the Council had
previously endorsed the project in 1998. There were no comments fi.om the audience. City
Secretary Chapa polled the Council for their votes as follows:
32. FIRST READING ORDINANCE
Amending the City's Code of Ordinances, Chapter 53 - Traffic, Article V - Operation of
Vehicles, by restricting vehicular traffic on the Alameda Street Bridge over 1-37 as part of
the Regional Transportation Authority's Livable Communities Initiative; and providing for
penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott,
voting "Aye".
Mayor Neal opened discussion on Item 33 regarding an increase in beach parking permit fees
for beach maintenance. City Manager Noe reminded the Council that when the city recently
annexed property on the island, the city negotiated with Nueces County and Port Aransas to have
a single beach permit for $6 that was good for use at all the beaches in the area. He reported,
however, that additional revenues were needed to support beach related services within Corpus
Christi, Port Aransas and Nueces County. Thus, he said Nueces County and Port Aransas have
Minutes - Regular Council Meeting
May 11, 2004 - Page 18
agreed to raise the fee to $12. He noted that there were still free areas on the beach, but this permit
was only for those areas that required a permit. He also said that the General Land Office would
ultimately have to approve the increase.
Council Member Scott asked what the additional revenues generated by the increase would
be used towards. City Manager Noe replied that the revenues would reduce the amount of the
subsidy from the general operating budget for beach maintenance.
Council Member Noyola was concerned about the amount of the increase. Mr_ Noe said the
amount of revenue generated from the fee was substantially less than what it cost the city for beach
maintenance_ He also said having a single permit for the entire ama was very customer-friendly
because it consolidated the fees.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
33_ RESOLUTION NO. 025754
Resolution authorizing an increase in the beach parking permit fees for beach maintenance.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
Mayor Neal opened discussion on Item 34, a consultant services contract for the preparation
of the Unified Development Code. Assistant Director of Development Services Michael Gunning
reported that staffand the Council had recognized the importance of bringing the city's development
regulations up-to-date and codifying the regulations into a single code book. Thus, he reported that
in December 2003, staff sent out a request for a Letter of Interest and Statement of Proposal and
Qualifications to 11 nationally recognized consulting fu-ms. He said they received five responses
fi-om which three fwrns were selected for interviews with the city's consultant selection team. He
said the team unanimously recommended Duncan/Associates Inc., based in Austin, TX. He said the
approval of the contract would allow staff to begin work on the project by June 21, 2004. He
introduced Mr. James Duncan and Mr. Lee Einsweiler with Duncan/Associates Inc. to brief the
Council on the project.
Mr. Duncan briefed the Council on the members of the project team. The legal partners were
Mr. Eric Kelly, who would advise on federal legal issues, and Mr_ Terry Morgan, who would advise
on Texas legal analysis procedures. He said the Corpus Christi partners were Mr. Larry Urban of
Urban Engineering and Ms. Brooke Sween-McGloin with McGloin+Sween Architects. Mr. Duncan
also briefly mentioned his firm's national and Texas code experience.
Mr. Duncan discussed the four focus areas mentioned in the city's RFP as follows:
development process; development quality and innovation (core area, corridors, neighborhoods, and
sensitive areas); legal soundness; and regulatory clarity/ease of use_ Regarding the development
process, he said the process should be predictable, fair and cost-effective. He said the code should
allow more "by-right" approvals and should use standards, not discretionary reviews. He said the
code should also enable lower-level decision making through site plan review and administrative
Minutes - Regular Council Meeting
May 11, 2004 - Page 19
relief Finally, he said the code should reduce the city's reliance on hearings by allowing concurrent
processing of applications, eliminating hearing requirements for "compliance determination", and
promoting early, focused citizen input.
In terms of quality development and innovation, Mr. Duncan said the code should promote
"smart growth" principles, such as compact, mixed-use development patterns. He said the code
should preserve community character and create a sense of place, provide walkability and
transportation choice, housing opportunity and choice, natural resource protection, and infill and
resource development. He briefly described several core areas, neighborhoods, and sensitive areas
in the city and how they could be addressed through the code.
Mr. Duncan then briefly reviewed several examples of page layout, tables and charts, clarity
of text, and illustrations that could be incorporated in the code.
Mr. Duncan emphasized that the goal was to create a code that would balance community
values. He said growth needed to be balanced with stability, flexibility with certainty, and
congestion with mobility.
Mr. Duncan reviewed the Unified Development Code (UDC) work plan for the next 18
months. He said it would be composed of the following stages: project initiation; assessment of
documents and plan consistency, and stakeholder interviews/field studies; assessment report; code
drafting modules; public review draft; and adoption draft_
Regarding communication techniques, Mr. Duncan said his fwrn would employ various tools
to keep the public informed, such as advisory committees, stakeholder interviews, periodic public
meetings, media tools/relations, and SharePoint/web sites. In addition, he said local groups like the
Padre Isle Owners Association, Downtown Management District, and the Westside Community
Group would also be involved in the process.
In conclusion, Mr. Duncan said his team was a good fit for this project for the following
reasons: they were code specialists; they employed a user-friendly, plain-English style; they
possessed a practitioner perspective and national experience; local familiarity and involvement;
Texas/National legal experience; and a commitment to project success.
Mr. Scott cautioned that when appointing representatives from the various stakeholders to
the advisory committees, it should not be assumed that the representatives were relaying information
to their groups. City Manager Noe replied that the key would be to have more general, open
meetings to give interested parties several opportunities to comment on the project. Mr. Scott also
asked how the city was going to balance requirements for more aesthetic construction with
construction costs. Mr. Einsweller responded that there were costs associated with changes in the
code, but it was important to first determine which elements were the most important to the city.
He said, for example, that landscaping may be much more critical to development than architecture,
yet it was much less expensive. He said each community had its own distinct needs and character,
and the team's role was to achieve a balance between the community's values. Mr_ Scott agreed that
balance was important, because he did not want the code to become so stringent that it would make
new development prohibitively expensive.
Minutes - Regular Council Meeting
May 11, 2004 - Page 20
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
34. MOTION NO. 2004-188
Motion authorizing the City Manager or his designee to execute a consultant services
contract with Duncan/Associates, of Austin, Texas in an amount not to exceed $199,420 for
the preparation of the Unified Development Code.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
35.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
01-200, Carol Kinney, Individually and as executor of the Estate of George Pannel Jackson
and as next friend for Robert Williams, a minor child; Janet Gilmore, as next friend for
Jontee Jackson and Jaron Jackson, minor children; and Dasheba Miller, as next fi-lend for
Anthony Miller, a minor child vs. Nueces County and City of Corpns Christi, in the United
States Distr/ct Court, with possible discussion and action related thereto in open session.
The Council went into executive session.
The Council returned fi.om executive session, and Mayor Neal called for the City Manager's
report. City Manager Noe reported that on April 30, Continental Express named the city's airport
station as the Outstanding Station for the quarter_ In addition, he said Continental Express was
going to lease a maintenance facility for $50,000 fi.om the city. He thanked Aviation Director Dave
Hamrick and EDC President Ron Kitchens for their efforts in brokering this deal. He also
announced that the city began accepting job applications electronically this week. He said at 6:00
p.m. this evening, a groundbreaking ceremony would be held for the Corpus Christi Beach
boardwalk project. He announced that a ceremony honoring officers who have given their lives in
the line of duty would be held this Thursday at 10:00 a.m. in CCPD headquarters. He announced
that this Saturday was a free household hazardous waste collection day at the landfill. He
acknowledged that Director of Human Relations David Ramos was appointed to the MHMR Board
of Trustees, and Director of Libraries Herb Canales was installed as president of the Nueces County
Historical Society. Finally, he reported that the following items were scheduled for next week's
council meeting: RTA update; and contracts for the infi-astxucture improvements for the baseball
stadium project.
Mayor Neal called for Council concerns and reports_ Mayor Neal reminded the Council that
he needed each of their evaluations by the end of the week.
Mr_ Noyola asked Mr. Noe about the cancellation of a rabies clinic at T.C. Ayers. Mr. Noe
Minutes - Regular Council Meeting
May 11, 2004 - Page 21
answered that the clinic was being rescheduled. He also asked what the city's regulations were, if
any, regarding the fencing in ofdumpsters. He said a citizen complained that she was cited for not
fencing in a dumpster at her business, yet the city does not fence in its dumpsters. City Manager
Noe said he would look into the matter.
Mr. Kelly announced that Father Matthew Ling, a Catholic priest who had ministered in the
area for decades, passed away this week. He said the rosary would be held tomorrow night at 7:00
p.m. at St. Thomas the Apostle Church on F.M. 624, and his funeral would be held Thursday at
11:00 a.m., also at St. Thomas Church.
Mr. Kinnison said that the Caller-Times was reporting that the Mayor and the County Judge
had come to an agreement regarding the Metrocomm, BRAC, and j ail contract issues. Mayor Neal
said he would not confirm this, but he did speak with the County Judge regarding these matters. He
said the County Judge was planning to discuss the Mayor's letter regarding the county jail contract,
and the BRAC issue at their next Commissioners Court meeting Commissioners Court meeting.
Regarding the city/county health department budget, the Mayor suggested that the County Judge
read a previous report outlining ways in which the city and the county could consolidate services.
The County Judge said he would look at it and then speak with Mr. Noe about the matter_
Mr. Kinnison asked about the status of the Wilson Plaza contract for the construction of a
magistration center. City Manager Noe said the contract was executed, but the construction could
be halted if needed at a small cost. He said the city could still lease the space for another purpose.
He stated that the city was forced to proceed with the contract because it could not risk the
possibility of not having a magistration facility.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 3:10 p.m. on May 11, 2004.
2
a. PARK AND RECREATION ADVISORY COMMITTEE - One (1) vacancy with t~,m to 8-
23-05.
DlYrlES: To provide advice on City parks and buildings therein, public outdoor recreation
areas and centers and other grounds under its purview by the City Manager.
COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of
the City and serve without compensation for a two-year term beginning August 23, or until their
successor is appointed. The Board elects its Chairman.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Sandra Billish, Chairperson
Rome Gregorio, Vice-Chairperson
Davie Cissna
Anne Baker
Dorrinda Garza
Karen Woodard
Gloria C. Aguilar
*Megan Welch
Clifford E. Bost
Maria A. Ramos
Gregory T. Perkes
8-23-04 9-14-99
8-23-04 8-22-00
8-23-04 8-20-02
8-23-05 9-14-99
8-23-04 8-20-02
8-23-05 8-19-03
8-23-05 4-22-03
8-23-05 8-19-03
8-23-05 4-2'2-03
8-23-04 2-12-02
8-23-05 4-22-03
*Resigned
(The Park and Recreation Advisory Committee is recommending Hunter Young to fdl the
position.)
INDIVIDUALS EXPRESSING INTEREST
Kevin Ferrau
Asset Manager, Citgo Refining and Chemicals.
M.B.A. from Pepperdine University, B.S. in
Chemical Engineering from California State
Polytechnic University. Commuaity activities
include the following: Padre Soccer League board
member, dkector of player development and coach;
City of Corpus Christi Recreation Deparmaent
volunteer league player. (3-08-02)
Mary Ann Lopez
Legal Assistant and local Disc Jockey_ Currently
the Marketing Director of the South Texas Heart
Association. (3-15-04)
Buddy T. Sparks
Retired. Received a Masters in Business
AdminJstxation. Chair of the Nueces County
Appraisal Review Board. Previously served on the
Friends of the Park Committee. (7-18-03)
Hunter Young
Assistant Vice President of Commercial Lending,
Value Bank Texas. Received B.A. in Management
and attended the Umversity of Hawaii at Manoa for
Hotel and Club Management_ Member of the
Coastal Conservation Association, C.C. Focus, First
Un/ted Methodist finance committee and Sunday
School teacher and the Builder's Association. (5-
10-04)
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 05118/04
AGENDA ITEM: Motion authorizing the acceptance of three donated Automatic External Defibrillators
(AED) from the American Heart Association (AHA) and assigning those devices to the Fire Department to be
used in the Public Access to AED program, with one o[ the devices to be located at the City's new arena.
ISSUE: The local chapter of the American Heart Association (AHA) is proposing the donation of three
AED to the Cit7 to be placed in public buildings to insure rapid access in the event that a visitor to the City
facility experiences a cardiac arrest.
BACKGROUND: Head attacks are a leading cause of death in the United States. Research
conducted by the AHA reveals that the rapid availability and use of an AED has significant potential of
reducing the number of deaths that occur as a result of out o[ hospital cardiac arrests Locally, the Coastal
Bend Chapter of the AHA has been placing a high priority on encouraging the placement oi' AEDs in public
buildings. These efforts are responsible for the placement o[ multiple AEDs within the local community. The
local AHA acquired two AEDs through a grant program and is proposing to donate those to the City ol~ Corpus
Christi. In addition, an AED i~or the new arena was a special fund raising project at the recent Head Ball
sponsored by the American Head: Association.
The City recognized that rapid access to AEDs was a life saving opportunity in 1985 when the Corpus Christi
Fire Department received approval to place AEDs on its engine companies. This program was fudher
expanded in 1999, when AEDs were placed on all the City's fire apparatus. In 2002, the City authorized the
purchase of three AEDs to initiate a public access program and placed AEDs at City Hall, the Coliseum, and
the Convention Center. The City is proposing the purchase of additional AEDs through a Domestic
Preparedness Grant. A combination of City purchased AEDs, donated AEDS, and AEDs that are anticipated
to be purchased through grant funding should result in AEDs being available in most City buildings within the
next 18 months.
FUTURE COUNCIL ACTION: (may not be required) No future Council action is anticipated as a
result of this action.
RECOMMENDATION: It is recommended that the Council approve the motion to accept the three AEDs
from the American Head Association and their placement in City buildings.
4
AGENDA MEMORANDUM
RECOMMEDATION: Motion approving the purchase of captive replacement parts for the
ultra violet disinfection system at the Greenwood Wastewater Treatment Plant from Infilco
Degremont Inc., Richmond, VA, based on sole source for a total amount of $31,411.06. The
parts will be installed at the Greenwood Treatment Plant. Funds have been budgeted by the
Wastewater Department in FY03-04.
Purpose:
The final stage of treatment for effluent that is released from the
Greenwood Plant into the Oso Creek is the Ultra Violet
Disinfection System. The effluent is passed across lamps which
emit an ultraviolet light source that kills bacteria present in the
water. During the recent floods of April 2004, the system was
totally irranersed in floodwaters that caused severe damage to the
component parts of the system. This purchase will replace
damaged ballasts, lamps, circuit boards, cooling fans and other
integral parts required to keep the system operational.
Award Basis
The parts are only available from the manufacturer of the
ultraviolet system and are therefore considered a sole source item.
This purchase is exempt form the competitive bidding statutes as a
procurement of items that are available from only one source as
captive replacement parts or components for equipment_
Funding:
Wastewater Department
520090-4200-33120
$31,411.06
Procurement ~"~GeC~Pe~aMl~ervices Manager
IrllTLCO
Water and Frrt~lewater
Treatment Solutions
Em LiI:
City of Corpus Chdsti
Greenwood VVWTP
6541 Greenwood Drive
Corpus Christi, TX 78417
Reference: Sole Source AquarayTM UV Systems
April 28, 2004
AquarayTM UV Systems are a trad,-~mark of Infllco Degre~nt Inc., 2924 Emerywood
Parkway, Richmond, VA, 23294, and are designed and en;lineered specifically for your
treatment application and installation. AquarayTM UV Syst~.~ms are sold only by Infilco
Degremont Inc. an original equipment manufacturer of waist and waste, water treatment
equipment.
Infllco Degremont Inc. sells components of AquarayTM UV 5'y~tems directly to the end-
users. The components are not sold through sales repres,~ntafives or through
distribution networks. The components for your Aquaray?' LA/Systems are designed,
engineered, and produced specifically for your equipment and application. Infllco is the
sole source supplier for ,aquaray~' UV Systems end parts.
Infilco Degremont Inc. Is ,:ommitted to providing quality eq Jiprnent, pads, and service
for your plant. If you haw.~ any service or parts needs, please call Richard Keller @ 800-
446-1150 ext, 7722,
Richard Keller
Parts Specialist, UV Systems
Toll Free: 800 446 1150, Ext. 7722
Fax: 804 756 7637
E-mall: flchard.keller(~ In'~lcod eg remont.com
5
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with G & K Services, Corpus
Christi, Texas, for uniform rental service, in accordance with Bid Invitation No. BI-0064-04 based
on total low bid for an estimated two year expenditure of $145,974.40 of which $18,248 is available
for the remainder of FY03-04. The term of the contract shall be for twenty-four months with an
option to extend for up to one additional twelve month period subject to the approval of the supplier
and the City Manager or his designee. Funds have been budgeted by the using departments in FY
03-04 and requested for FY 04-05.
BACKGROUND:
Propose:
This service is used by Aviation, Fire Department Maintenance, Gas
Department, Maintenance Services, Park Maintenance, Solid Waste
Department, Utilities, and Vector Control for employees that have a
high exposure to soil, oil, grease and chemical stains. Services
include supplying, picking-up, cleaning and delivering five work
uniforms per employee, per week, to each of the using departments.
A twenty-four month contract is requixed to allow the vendor to
amortize the initial cost of supplying the uniforms over a two year
period.
Previous Contract:
The option to extend the previous contract has been exercised,
requiring the City to issue new hid invitations.
Bid Invitations Issued: Seven
Bids Received: Three
Price Analysis:
Pricing has decreased approximately 28% since the last bid of 2001.
Award Basis:
Funding:
Low Total Bid - The using departments concur with the
recommendation.
FY03 -04
Aviation
Fire Department
Gas Department
520040-4610-35050
530150-4680-35100
520040-4130-34110
520040-4130-34120
5200404130-34130
$117
192
3,400
1,000
3,797
(Funding continued)
Maintenance Services
Solid Waste Services
Park Maintenance
Utilities
Vector Control
Procurement and General Services Manager
530150-5110-40110
530150-5110-40140
530150-5110-40190
520040-1020-12511
520040-1020-12512
520040-1020-12520
530150-1020-12910
520040-4010-30010
530150-1020-12670
Total (03-04)
50
100
125
5,638
1,200
1,500
385
100
644
$18,248
Annual funds in the amount of $72,987 will be
requested for all subsequent fiscal years.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
Gabriel Maldonado: Buyer I
BID INVITATION NO. BI -0064-04
UNIFORM RENTAL
TWO YEAR CONTRACT
Totals $145.974.40 $164,112.00 $169,983.84
Bid Note: The quantities shown are the estimated uniform changes required for a two year contract period. Therefore, the annual requirement is
17,264 changes or approximately $72,987.20. Each set is defined as five uniform changes, per employee, per week.
The quantity is the result of multiplying 332 employees by 104 weeks ( 2 years ).
G & K Services
Corpus Christi, Texas
AmeriPride Linen & Apparel
Corpus Christi, Texas
Unifirst Holdings
Corpus Christi, Texas
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
ITEM
DESCRIPTION
QTY
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
1
Uniform Rental Service for 160
16,640
$3.70
$61,568.00
$4.50
$74,880.00
$4.15
$69,056.00
employees in Maintenance
Services, Fire Department,
Park Maintenance, Utilities
Solid Waste Dept.
2
Uniform Rental Service for 43
4,472
3.70
16,546.40
4.50
20,124.00
4.15
18,558.80
employees in Solid Waste Dept.
3
Uniform Rental Servicefor 110
11,440
5.00
57,200.00
5.00
57,200.00
6.25
71,500.00
employees in Gas Dept.
4
Uniform Rental Service for 17
1,768
5.50
9,724.00
6.00
10,608.00
5.49
9,706.32
employees in Vector Control
Soild Waste Dept.
5
Uniform Rental Service for 1
208
4.50
936.00
6.25
1,300.00
5.59
1,162.72
employee in Aviation
Totals $145.974.40 $164,112.00 $169,983.84
Bid Note: The quantities shown are the estimated uniform changes required for a two year contract period. Therefore, the annual requirement is
17,264 changes or approximately $72,987.20. Each set is defined as five uniform changes, per employee, per week.
The quantity is the result of multiplying 332 employees by 104 weeks ( 2 years ).
6
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of a vacuum truck from the
following companies for the following amounts based on the cooperative purchasing agreement
with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of
$231,342.68. The equipment will be used by the Wastewater Department. Tiffs unit is a
replacement. Funding is available from the FY2003-2004 capital outlay budget m the
Maintenance Services Fund.
Kinlock Equipment Co.
Pasadena. Texas
Vacuum Truck Body
$163,351.00
Masters International
Arlington, Texas
Truck Chassis
$67,991.68
Grand Total: $231,342.68
Purpose:
The vacuum truck will be used by the Wastewater Department to clean
and maintain its 1250 miles of sewer collection main lines, 6" and
larger in diameter. The truck chassis will be ordered by Masters
International and delivered to Kinlock Equipment Co for installation
of the vacuum track body. Kinlock will deliver the track to the City in
the fall of 2004. Local manufacturers' dealers will provide warranty
support service. The split awards are required due to the establishment
of two independent contracts by TLGPC. An additional $400 will be
paid to TLGPC as an administration and contracting fee.
Basis of Award:
This truck will be purchased tkrough the cooperative purchasing
agreement with the TLGPC. TLGPC is administered by the Texas
Association of School Boards (TASB) and co-sponsored by the Texas
Municipal League (TML) and the Texas Association of Counties
(TAC). TLGPC acts as an independent agency awarding exclusive
cooperative purchasing contracts for its members.
Funding: Organization Name
Maintenance Services
Capital Outlay Item #86
ement & Gene I Services Manager
550020-5110-40120
Amount
$231,342.68
7
CITY COUNCIL
AGENDA MEMORANDUM
May 18, 2004
AGENDA ITEM: Resolution authorizing the City Manager, orthe City Manager's designee, to submit
Municipal Solid Waste Grant Applications to the Coastal Bend Council of Governments for:
(a) $34,642 for salary for a second year of grant funding for an Assistant Compliance Officer
(b) $4,000 to purchase Educational and Training Materials for tours and visits to the Landfill and to
educate the public on solid waste issues.
(c) $15,000 to develop a Community Media Outreach Campaign for the City's New Anti-Litter
Ordinance
for a total grant request of $53,642; Authorizing the City Manager, or the City Manager's designee,
to act on behalf of the City in all matters related to the grant application; and pledging that if a grant
is received the City of Corpus Christi will comply with the grant requirements of the Coastal Bend
Council of Governments, The Texas Natural Resoume Conservation Commission, and the State of
Texas.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires the approval of a resolution by the City Council.
BACKGROUND: The Texas Natural Resource Conservation Commission Solid Waste Grants are
administered locally through the Coastal Bend Council of Govemments (CBCOG). The purpose of the
grant program is to provide funding for eligible local and regional municipal solid waste projects in
support of the adopted regional solid waste management plan for the CBCOG region. In 2002-2003
Solid Waste received a total of $125,000 for the following: $45,000 for Household Hazardous Waste
Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program,
$10,000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and
increase participation in Stop Trashing Corpus Christi Community clean-up events
In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local
Enforcement and $10,000 for Litter and Ilegal Dumping Cleanup program.
In FY 2004-2005 grant funding in the amount of $244,952 will be available through the CBCOG grant
application process for solid waste projects. All requested grant funding supports specific goals and
objectives of the CBCOG Regional Solid Waste Management Plan. Solid Waste Services is applying
for a total of $53,642 in grant funds for the following projects:
a) AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $34,642 FOR SALARY
FOR A SECOND YEAR OF GRANT FUNDING FOR AN ASSISTANT COMPLIANCE
OFFICER.
b)
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $4,000 TO PURCHASE
EDUCATIONAL MATERIALS FOR TOURS AND VISITS TO THE LANDFILL AND TO
EDUCATE THE PUBLIC ON SOLID WASTE ISSUES.
c)
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT A MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $15,000 TO DEVELOP A
COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE CI'FY'S NEW ANTI-LI'I-I-ER
ORDINANCE.
Grant applications are due to the CBCOG by May 31, 2004. Council approval of this resolution is
considered part of the complete application.
FUTURE COUNCIL ACTION: Acceptance o1' a Solid Waste Grant and approval of inter-local
agreements between the City and the CBCOG, appropriation of Federal/State Grant(s).
RECOMMENDATION: Approval of the resolution as submitted.
Director, Streets & Solid Waste Services
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $34,642 FOR
SALARY FOR A SECOND YEAR OF GRANT FUNDING FOR AN
ASSISTANT COMPLIANCE OFFICER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$34,642 for salary for a second year of grant funding for an Assistant Compliance
Officer.
SECTION 2. If the grant is received, the City of Corpus Christi will comply with the
grant requirements of the Coastal Bend Council of Governments, the Texas Natural
Resource Conservation Commission, and the State of Texas.
A~EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
The City of Corpus Chdsti
APPROVED the t...~ day of
By:
Burke, Jr.
[/~sistant City Attorney
k/for City Attorney
,2004.
Corpus Chdsti, Texas
day of
,2004.
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
Armando Chapa
City Secretary
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $4,000 TO
PURCHASE EDUCATIONAL MATERIALS FOR TOURS AND VISITS TO
THE LANDFILL AND TO EDUCATE THE PUBLIC ON SOLID WASTE
ISSUES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$4,000 to purchase Educational materials for tours and visits to the landfill and to
educate the public on solid waste issues.
SECTION 2. If the grant is received, the City of Corpus Christi will comply with the
grant requirements of the Coastal Bend Council of Governments, the Texas Natural
Resource Conservation Commission, and the State of Texas.
ATDEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
The City of Corpus Chdsti
APPROVED the ~_ day of
By:
Uc~t~'AJttrorn ey
for City Attorney
,2004.
Corpus Christi, Texas
day of
,2004.
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
Armando Chapa
City Secretary
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $15,000 TO
DEVELOP A COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE
CITY'S NEW ANTI-LITDER ORDINANCE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI. TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$15.000 to develop a Communit7 Media Outreach Campaign for the City's new Anti-
Litter Ordinance.
SECTION 2. If the grant is received, the City of Corpus Christi will comply with the
grant requirements of the Coastal Bend Council of Governments, the Texas Natural
Resource Conservation Commission, and the State of Texas.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
The City of Corpus Chdsti
APPROVEDthe
By:
13 day of
Assistant City Attorney
for City Attorney
,2004.
Lau6e~JohnB ufl~\Ordin~aceRc~olution2OOzl~Commun kyMedia Ila
Corpus Christi, Texas
day of
,2004.
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
Armando Chapa
City Secretary
8
AGENDA MEMORANDUM
DATE: May 18, 2004
SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and
cover Adjustments FY 2003 (Rebid)
AGENDA ITEM:
Motion authorizing the City Manager or his designee to execute Change Order No. 5 with
A. Ortiz Construction and Paving of Corpus Chdsfi, Texas in the amount of $103,125 for
the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and cover
Adjustments FY 2003 (Rebid)
ISSUE: This change order will provide for the adjustment of additional manholes due to
cost savings on this project.
FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell,
Director of Wastewater Services
',~flg~i R. Escobar, P. E.,
Director of Engineering Services
Additional Sul31~ort Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
BACKGROUND INFORMATION
SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and
Cover Adjustment FY 2003 (Project No. 2170, 7240)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
2. June 17, 2003 - Motion Authorizing the City Manager, or his designee, to award a
construction contract in the amount of $719,350 with A. Ortiz Construction & Paving,
Inc. for Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and
Cover Adjustment FY 2003 Re-Bid (Motion No. M2003-216).
3. January 20, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with Felix H. Ocanas,
Jr. of Corpus Chdsti, Texas in the amount of $11,050, for a total re-stated contract
fee of $36,000, for the Rolled Curb and Gutter Replacement and Sanitary Sewer
Manhole Ring and Cover Adjustment FY 2003 (Motion No. M2004-024).
PRIOR ADMINISTRATIVE ACTION:
1. June 2.2003 - Executed small consultant agreement with Felix H. Ocai'las, Jr., P.E.
in the amount of $24,950 for the Rolled Curb and Gutter Replacement and Sanitary
Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid.
2. July 28, 2003 - Administrative approval of Change Order No. 1 to a contract with A.
Ortiz Construction & Paving, Inc. in the amount of $24,750 for the Rolled Curb and
Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY
2003 Re-Bid.
3. December 29, 2003 - Administrative approval of Change Order No. 2 to a contract
with A. Ortiz Construction & Paving, Inc. in the amount of $14,776 for the Rolled
Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover
Adjustment FY 2003 Re-Bid.
4. January 22, 2004 - Administrative approval of Change Order No_ 3 to a contract
with A_ Ortiz Construction & Paving, Inc. in the amount of $24,300 for the Rolled
Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover
Adjustment FY 2003 Re-Bid.
5. March 19, 2004 - Administrative approval of Deductive Change Order No. 4 to a
contract with A. Odiz Construction & Paving, Inc. in the amount of ($1,000) for the
Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover
Adjustment FY 2003 Re-Bid.
6. May 10, 2004 - Administrative approval of Amendment No. 2 to the Contract For
Professional Services with Felix H. Ocanas, Jr. of Corpus Chdsti, Texas in the
amount of $8,000, for a total re-stated contract fee of $44,000, for the Rolled Curb
and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment
FY 2003
IEXHIBIT "A" I
Page I of 3
BACKGROUND INFORMATION:
ORIGINAL CONTRACT:
1. Rolled Curb and Gutter Proqram: This is a yeady program that addresses damaged
rolled curb and gutter throughout the city. Affected curb and gutter will be removed
and replaced, along with associated pavement repair where gutter slopes are
inadequate. Areas considered hazardous to vehicular or pedestrian traffic will
receive priority over those areas where only drainage is affected. The amount of
curb and gutter replacement will be determined by the availability of funds. This
project will include work within the following areas:
· Louisiana Parkway- Ocean Ddve to Staples
· Staples Street- Louisiana Parkway to Doddridge/Weber
· Deddddge/Weber- Staples to SPID
· SPID WB Frontage Road - Weber to Everhart
· Everhart- SPID to Ocean Ddve
· Ocean Ddve - Louisiana to Everhart
2. Sanitary Sewer Manhole Rinq and Cover Replacement: Work includes new
manhole frames, dogs and covers to be adjusted to correct pavement elevation and
cross slopes to improve street drive-ability and quality along the following streets:
· Staples Street - from Leopard to Texan Trail
· South Staples Street - from Holly Road to Saratoga Blvd.
· Everhart Road - from Alameda Street to Yorktown Blvd.
Aidine Road - from Ocean Ddve to Cimarron
· McArdle from Aidine Road to Holmes
· And other pdodty locations as determined by staff and subject to availability
of funding.
South Staples Street, Everhart Road and Aidine Road (Ocean Ddve to Cimarron)
manholes will be completely serviced through multiple on-going projects.
CHANGE ORDER: Due to project cost savings and the reasonable bid pdce for this item,
the opportunity exists to adjust additional manholes within the project budget. This Change
Order will provide for the adjustment of 75 additional sanitary sewer manholes located city-
wide. Work will include:
· New manhole dng and cover with new HDPE Adjustment dngs,
· Stainless Steel Inflow Inhibitor and
Concrete Ring.
Locations for new manholes include: · Morgan - Ocean Drive to Baldwin
· Agnes- Downtown to Port
· Laredo- Downtown to Port
· Port - PortJAyers to Morgan
IEXHIBIT "A"I
Page 2 of 3
FUNDING: Funds for this project are available in the FY 2003-2004 VVastewater Capital
Improvement Budget.
IEXHIBIT "A"I
Page 3 of 3
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
May 5, 2004
PROJECT:
ROLLED CURB & GUTTER REPLACEMENTAND SANITARY SEWER MANHOLE
RING AND COVER ADJUSTMENTS FY2003 (REBID)
PROJECT NO: 2170/7240
APPROVED: City Council on 6/17/03., by Motion No. M2003-216
CONTRACTOR:
A. ORTIZ CONSTRUCTION & PAVING, INC.
102 AIRPORT ROAD
CORPUS CHRISTI, TX 78405
TOTAL CONTRACT AMOUNT ..........
25% Limit Amount ....................
$719,350.00
179,837.50
Change Order No. I (7/28/03) ...........
Change Order No. 2 (12/11/03) ..........
Change Order No. 3 (1/8/04) ............
Change Order No. 4 (2/20/04) ...........
Change Order No. 5 (5/5/04) ............
Total ...............................
24,750.00
14,776.00
24,300.00
(1,000.00)
103,125.00
165,951.00 = 23.07%< 25%
9
AGENDA MEMORANDUM
DATE: May 18. 2004
SUBJECT:
Street Closure for Chamber Mixer
Corpus Christi and Hispanic Chambers of Commerce
AGENDA ITEM: Motion approving the application from SMG to temporedly close the following street
section for the Corpus ChdstJ and Hispanic Chambers' Mixer Event, May 20, 2004.
The inside travel lane o1: Northbound Shoreline Boulevard from Fitzgerald Street to Resaca
Street, exclusive of the median crossovers at Fitzgerald to Resaca Street, beginning at 8:00
a.m. Wednesday, May 19, 2004 through 3:00 p.m., Fdday, May 21,2004.
Southbound Shoreline Boulevard from Fitzgerald Street to Resaca Street, exclusive of the
median crossovers at Fitzgerald Street to Resaca Street, beginning at 8:00 a.m.,
Wednesday, May 19, 2004 through 3:00 p.m. Friday, May 21,2004.
ISSUE:
SMG is hosting a Chamber Mixer for the Corpus Chdsti and Hispanic Chamber of
Commerce. The Mixer Event necessitates the temporary closure of beth northbeund and
southbound Shoreline Boulevard be[ween Filzgerald Sb'eet and Resaca Street. The event
Chairman, Mr. Marc Soils, has requested the above mentioned street section closures be
approved by the City Council for this year's Chamber of Commerce Mixer Event.
REQUIRED COUNCIL ACTION: Street closing permil~ for large public events require City Council
approval.
RECOMMENDATION: Approval o[ the motion as presented.
'~'g~'l R. Escobar, P.E.
Director oi~ Engineering Services
Additional Support Material
1. Site Map
EXHIBIT "1"
PROPOSED STRE~ CLOSING ,
/~ PROPOSED
STREET
CLOSING
SUBJECT: CHAMBER MIXER EVENT
~--__ -- TEMPORARY STREET CLOSING
LOCATION MAP
Traffic Engineering Div.
Engineering Services Dept.
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Meeting: May 18, 2004
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
Second Amendment to the Pre-Opening Services and Management Agreement for
the Corpus Christi Multi-Purpose Arena between the City of Corpus Christi and SMG
to include the assignment of the naming rights for the Multi-Purpose Arena and
Convention Center.
ISSUE: Professional assistance is required to ensure the revenue stream is
maximized and the facility name is compatible with the community.
REQUIRED COUNCIL ACTION: Execution of a Second Amendment to the SMG
agreement to include the assignment of the naming rights for the Multi-Purpose
Arena and Convention Center to SMG
PREVIOUS COUNCIL ACTION: On December 18, 2001, the City Council
authorized the City Manager to execute an agreement with SMG to perform pre-
opening services and management services for the Multi-Purpose Arena.
On October 14, 2003, City Council authorized the City Manager to execute a First
Amendment to the Pre-Opening Services and Management Agreement to include
the management services for the Bayf'ront Plaza Convention Center beginning
January 1,2004.
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
Attachment:
Amended Agreement
SECOND AMENDMENT TO PRE-OPENING SERVICES
AND MANAGEMENT AGREEMENT
THIS SECOND AMENDMENT TO PRE-OPENING SERVICES AND MANAGEMENT
AGREEMENT ("Second Amendment") is mede and entered into effective as of May 18, 2004, by
and between SMG, a Pennsylvania general partnership ("Operator"), and the CITY OF CORPUS
CHRISTI, TEXAS ("City").
RECITALS
A. Reference is hereby made to that certain Pre-Opening Services and Management
Agreement dated December 18, 2001 executed by and between the City and the Operator (as
amended from time to time, the "Existin~ Agreement"). Words with initial capital letters used but
not defined heroin shall have the respective meanings ascribed to them in the Existing Agreement.
B. The parties desire to amend the Existing Agreement pursuant to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual promises and covenants
set forth below, the parties hereto, intending to be legally bound, agree as follows:
1. Amendments to Existing A~eement.
(a) The definition of the term "Agreement" in Article 1 of the Existing
Agreement is hereby amended and restated as follows:
"Agreement" shall have the meaning ascribed to it above, as amended fi.om
time to time.
(b) Section 3.1 of the Existing Agreement is hereby amended by adding a new
clause (xxvii) thereto as follows:
(xxvii) Enter into a naming rights agreement for the naming rights of the
Arena and the Convention Center.
2. Miscellaneous. This Second Amendment shall be governed by and construed in
accordance with the laws of the State of Texas. Except as expressly amended hereby, the Existing
Agreement shall remain in ~ull force and effect. The Existing Agreement, as hereby amended, is
hereby ratified and con.firmed in all respects. The District Courts of Nueces County, Texas shall be
the exclusive place of venue for any disputes arising under or with ~espect to this Second
Amendment. This Second Amendment may be executed in one or more counterparts, and each
such counterpart shall for all purposes be deemed to be an original, but all such counterparts taken
together shall constitute but one and same insmJment, binding upon the parties, notwithstanding that
all of the parties may not have executed the same counterpart.
Doe. #789460v I
The undersigned have executed this Second Amendment as of the date first set forth above.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title: City Manager
Approved as to form:
City Legal Depafanent
SMG, a Pennsylvania joint venture
By:
Name:
Title:
2
Doc.#789460v I
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 05118/2004
AGENDA ITEM:
a. Motion authorizing the City Manager or Els designee to approve a Statement of Services//12
for PeopleSofi Solutions Center Upgrade Services with PeopleSofi USA, Inc. of Pleasanton,
California in the amount of $190,000.00 to provide the City with a certified technical
upgrade of the PeopleSoft Financials v7.02 software to v8.8 based on sole source.
b. Motion authorizing the City Manager or his designee to approve a Statement of Services #13
for Consulting Resources with PeopleSofi USA, Inc. of Pleasanton, California in the amount
of $141,440.00 for consulting services to provide the City with certified consultants to assist
with the upgrade of the PeopleSoft Financials v7 02 software to v8.8 based on sole source.
c. Motion authorizing the City Manager or his designee to enter into a contract with Precision
Task Group, Inc, Houston Texas for consulting services to support PeopleSofi Fmancials
7.02 in accordance with the State of Texas Cooperative Purchasing Program for an amount
not to exceed $150,000.
ISSUE: PeopleSofi USA, Inc. continually enhances their systems by releasing new versions
wkich contain inaproved functionality and take advantage of new technology A~ part of their
business, they actively support only a set number of versions and have instituted a policy to support a
version for four years from date of general release. Tkis means that all PeopleSoft customers must
upgrade their systems periodically to the newer version as it becomes available. The City is currently
operating version 7.02, an older version of the Financials System and must now upgrade to version
8.8 in order to continue receiving system support through December 2007.
To enable their customers to complete an upgrade in a short time, PeopleSofi Solutions Center offers
Upgrade Eab services. Statement of Services //12 will deliver a certified version 8.8 of the
Fmancials System to the City. This includes installation, technical upgrade, and test and final data
migration.
In addition PeopleSoft Consulting Resources using Statement of Services #13 will provide
PeopleSoft certified consultants to assist the City with completing the upgrade process for
commitment control, security and project management. PeopleSofi USA, Inc. is the sole provider of
this certification_ According to Local Government Code 252.022(a)(TXD), these are sole source
procurement.
BACKGROUND: On March 24, 1998, City Council authorized the purchase of the PeopleSoft
Fmancials System. In March of 1999 the Financials System was brought on-line at version 6.0 and
upgraded to version 7.02 shortly thereafter. Today the City is still on version 7.02. To continue
receiving support from PeopleSoft, the City must upgrade the Financials System from version 7.02 to
version 8_8 which will be supported through December 2007. The applications to be upgraded
include general ledger, asset management, inventory, purchasing and accounts payable. The upgrade
to PeopleSofi version 8.8 is a significant challenge as PeopleSofi has now merged the public sector
code with the commercial code, changed the internal format of the data significantly, and
implemented web based technology reflecting an industry w/de move away from client-server
technology. The total effect of these changes is that the upgrade from version 7.02 to 8.8 is the most
complex to date.
Utilizing the PeopleSoft Solutions Center Upgrade Services in tandem with PeopleSofi Consulting
Resources will enable the City to successfully complete this complex functional and technical
upgrade. Not only has the PeopleSofi Solutions Center Upgrade Services completed numerous such
upgrades they will also deliver a certified version 8.8 of the Financials System and impart
considerable technical knowledge transfer to city staffresponsible for maintaining the new technical
aspects of this system. PeopleSofi Consulting Resources will provide both project management and
functional expertise in those areas of the Financial System new to this version, Commitment Contxol
and Security, wkich will impact the functional business processes. PeopleSofi Consulting Resources
are PeopleSofi certified consultants who work closely and have direct contact with the PeopleSoft
Solutions Center Upgrade Services professionals. This cohesive working relationship is necessary to
complete a successful upgrade for the City_ Again, there will be considerable knowledge transfer
which will enable staffto take advantage of the new functionality
In conjunction with the technical upgrade provided by PeopleSoft, functional support for the current
version 7.02 is needed until such time as the upgrade is complete. Precision Task Group, Inc., is
being recommended for assistance in resolving certain known and identified production issues,
preparing data "clean-up" to enhance the current environment in preparation for the migration to the
upgraded version, as well as ongoing production support of the current 7.02 version.
Combined, these efforts will enable the City to successfully complete the upgrade to version 8.8
during the first quarter of 2005.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000.
FUNDING: The total cost of $481,440.00 will be funded from both the Utilities, $224,440 fyO304, and MIS
Department. $257,000 fy0405, operating budgets.
CONCLUSION AND RECOMMENDATION: Stm~frecommends approval ofmntions as presented.
Cindy O'Brien, ~ifector of Finance
Ogilvie Gericke, Director of MIS
12
CITY COUNCIL
AGENDA MEMORANDUM
May 18, 2004
AGENDA ITEM:
B.
Amending Ordina,ce No 025443 which appropriated fimds for operation of 9-1-1 System and
other ope~lonal expenses by tm:lucing amount appropriated fi-om $277,154 07 to $35,000.
Appropriating $72,000 from the General Fuad No. 1020 Reserve for 911 Wifeless Service and
$35,000 fi'om antictpated additional revenues m the General Fund 911 Wireless Servuces
Revenue account for consultant services to assist city in replacement of the eyasting pohce
depaffanent Tiburon Inc. Phoemx System; am¢llcling the FY 2003-2004 ope~fing budget adopted
by Ordinance No. 025394 by increasing appropriations by $107,000.
Motion authorizing the City Manager or his designee to execute a c~atract with Public Safety
Consultants, lnc (PSCI) of Wetumpka, Alabama in the mount of $106,229.25 to provide
consulting serances to the Corpus Christi Police Department and MIS to ~place the existing
Tiburo~, Inc. Phoenix System. 'Flus antiquated system provides ~fitlcal technology for Computer
Aided Dispatch (CAD), Records Management System (RMS), and Mobile Data Computer
Support (MDC).
ISSUE: The City purchased and installed the Phoenix electronic software system with
associated servers and other hardware during 1990 for use by the Police department. The system
has been enhanced since then and includes Computer Aided Dispatch (CAD), Records
Management System (RMS), Mobile Dispatch Computers (MDC), and Automated Vehicle
Locator (AVL) modules today. It is essential for the daily operation of the Police department.
Tiburon Inc., vendor of the Phoenix product, announced that support for the Phoenix software
modules will end during 2006. Council approved our plan to replace it and migrate the data to a
new system during 2004 / 2005. Following are the steps currently in progress:
Purchased and readying the SAN for data migration
In the process of replacing the current voice/data circuits (cable plant) in the Police
department buildings
In the process of replacing 100 terminals with PCs
Purchase replacement software for the Phoenix product (CAD, RMS, MDC and AVL
modules) and migrate operation fi-om the Phoenix product to the new software
Replace the servers
Municipal Information Systems and the Police Departmem feel that it is essential to obtain
external public safety expertise to dkect in this project in order to avoid costly delays and any
appearance of vendor bias.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION:
On January 20, 2004, City Council authorized the purchase of an EMC Storage Area Network
and cabling services fi-om AVNET Enterprise Solutions to prepare for the replacement system.
On August 26, 2003, City Council authorized a twelve-month software maintenance agreement.
On April 24, 2001, City Council authorized purchase of increased storage space for the system.
On April 14, 1999, City Council authorized replacement of all major hardware components due
to Y2K requirements.
FUNDING:
Amount Budgeted
Source of Funds
$106.229.25
1020-11803-530000
CONCLUSION AND RECOMMENDATION:
Staffrecommends approval of the motion as presented.
P. alvarez, Jr.
Chief of Police
Ogilvie F. Gericke, P.E.
Director of Information Technology
CONTRACT SUMMARY
Vendor: Public Safety Consultants, Inc.
Contract Terms:
This contract is to promde consulting services to the Corpus Christi Police Department and MIS to
replace the existing Tiburon, lac. Phoenix System
Contract Cost:
The total contract cost for the consulting services will be $106,229.25.
ORDINANCE
AMENDING ORDINANCE NO. 025443 WHICH APPROPRIATED
FUNDS FOR OPERATION OF 9-1-1 SYSTEM AND OTHER
OPERATIONAL EXPENSES BY REDUCING AMOUNT
APPROPRIATED FROM $277,154.07 TO $35,000.00; AND DECLARING
AN EMERGENCY
WHEREAS, on August 26, 2003, in Ordinance No. 025443 City Council authorized the
appropriation of $277,154.07 from the General Fund Reserve for 911 Wireless Service
to pay t~e Coastal Bend Council of Govemments for six months operation costs for 911
system during transition period under settlement agreement with the Texas Commission
on State Emergency Communications and for other operational expenses;
WHEREAS, $242,154.07 in invoices for six months of 911 system transition costs was
actually accrued in FY 2002-2003;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Ordinance No. 025443 is amended to reduce the amount
appropriated from $277,154.07 to $35,000.
SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance No.
025394 is amended to decrease appropriations by $242,154.07.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2004.
ATTEST
THECITYOFCORPUSCHRISTI
Arma~o Chapa
City Secretary
Approved: May 12, 2004
L~a r~Z~~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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 C~ 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 Scott
ORDINANCE
APPROPRIATING $72,000 FROM THE GENERAL FUND NO. 1020
RESERVE FOR 911 WIRELESS SERVICE AND $35,000 FROM
ANTICIPATED ADDITIONAL REVENUES IN THE GENERAL FUND 911
WIRELESS SERVICES REVENUE ACCOUNT FOR CONSULTANT
SERVICES TO ASSIST CITY IN REPLACEMENT OF THE EXISTING
POLICE DEPARTMENT TIBURON INC. PHOENIX SYSTEM;
AMENDING THE FY 2003-2004 OPERATING BUDGET ADOPTED BY
ORDINANCE NO. 025394 BY INCREASING APPROPRIATIONS BY
$107,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $72,000 from the General Fund No. 1020 Reserve for 911 wireless
service and $35,000 from anticipated additional revenues in the General Fund No. 1020
911 Revenue Account is appropriated for consultant services to assist City in its
replacement of the existing police department Tiburon, Inc. Phoenix System which
provides critical technology for computer aided dispatch, records management system
and mobile data computer support.
SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance No.
025394 is amended to increase revenues and appropriations by $107,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the ncc-J 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
Arrnando Chapa
City Secretary
Approved: May 12, 2004
Lisa Aguilar~~
Assistant City Attorney
for City Attomey
Samuel L. Neal, Jr.
Mayor
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 Scott
13
CITY COUNCIL
AGENDA MEMORANDUM
AGENDAITEM:
City Council Action Date: May 18, 2004
Resolution nominating Valero Refining Company - Texas, L.P. to the Office of the
Governor Economic Development & Toudsm (EDT) through the Economic Development
Bank (Bank) for designation as a qualified business and Tdple Jumbo Enterprise Project
(Project) under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code (Act).
ISSUE:
Projects seeking designation as an Enterprise Project must obtain a nomination by the
governing body to the Office of the Governor. Valero Refining Company - Texas has
requested the City of Corpus ChdstJ consider nomination of the company as a Tdple
Jumbo Texas Enterprise project for job retention benefits_
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the Resolution to nominate Valero as a Tdple Ju mbo Texas
Enterprise Project, as presented.
Mark McDa~iel
Assistant City Manager
BACKGROUNDINFORMATION
Under State Law, the Office of the Governor - Economic Development and Toudsm
Division through Ihe Texas Economic Development Bank administers the Texas Enterprise
Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, the purpose of the program is to encourage job creation and retention
and capital investment in areas of economic distress.
The 78"~ legislature amended the act to increase participation in the program, decrease
paperwork and streamline the process. Under the amended act, cemmunities are no
longer required to submit an application and fee to create an enterprise zone; designaUon
of an enterprise zone is automaUc based on decennial figures. Areas designated as
enterprise zones include census I:dock groups with 20 percent poverty and areas federally
designated as Renewal Comrr~nities. Previously designated enterprise zones Will be
designated unUI their expiration, after which the area would need to meet the 20 percent
poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still
must seek nomination from the governing body to the Office of the Govemor for
consideraUon and designation.
Communities participating in the Texas Enterprise Zone Program are required to provide
incentives to the project in addition to offedng nomination for participation in the Texas
Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas
Enterprise Zone.
A designated project located in the Texas Enterprise Zone must agree to hire at least 25
percent o~ their employees fi-om the enterprise zone or economically disadvantaged groups
and in return Will receive a refund o~' sales and use tax (SUT) paid to the Office of the
Comptroller. If the project is located outside Ihe zone, the project rrust agree hire at least
35 percent of its new employees from the enterprise zone or economically distressed
groups.
In previous years, projects could receive $5,000 in refund for each job created or retained
and could receive up to a $1.25 million refund on SUT. The new program allows a refund
of $2,500 for each job created or retained. If investment levels are adequate, the local
nominating governing body may nominate a project as a Double or Triple Jumbo Project
designation, increasing the value per job created or retained to $5,000 or $7,500,
respectively. Therefore, a double jumbo project can receive a rebate o~ up to $2.5 trillion,
and a triple jumbo project can receive a rebate of up to $3.75 million.
State Law allows each participating community With a population less than 250,000 to
nominate up to four projects per biennium and communities With a population more than
250,000 to nominate up to six projects per biennium. Since City of Corpus Christi's
population exceeds the 250,000 threshold, up to six projects can receive designation
dudng this biennium. A double jumbo project assumes two of the number of projects
allowable and a tdple assumes three_
Refining and Chemicals, Trinity Towers, L.P., and APAC Corporation. To date, the
designated enterprise zone projects have resulted in more than $2.5 billion in investment in
Corpus Chdsti. These capital investments represent more than one - third of all capital
investment in all of the state enterprise zones combined.
Valero Refining Company- Texas
The Valero Corporation is a Fortune 500 company with approximately 20,000 employees
and revenues of $38 billion and has been recognized as a leader in the production of
premium, environmentally clean products, such as gasoline, California Air Resource Board
Phase II gasoline, Iow sulfur diesel and oxygenates. The company markets 28 different
products on a retail and wholesale basis through a bulk of rack marketing network in 40
states in the Country, Canada, Latin Amedcan and the Caribbean region.
Valero Refining Company - Texas, L.P. is seeking designation as a Tdple Jumbo
Enterprise Project from the Office of the Governor - Economic Development & Tourism for
job retention benefits. The company plans to maintain capacity and more than 500 jobs as
a result of a $611 million investment to upgrade and re-tool operations which will allow the
facility to produce ultra Iow sulfur gasoline products and increase operation efficiencies.
The capital investment will transform the Corpus Chdsti Valero Facility into the 5~ largest
refinery in the United States.
The Corpus Christi refinery has been rated by several industry experts as one of the most
complex and efficient high conversion facilities in the wodd. Built in 1983, it is one of the
most modem facilities in the United States.
Page 1 of 4
RESOLUTION
NOMINATING VALERO REFINING COMPANY - TEXAS, L.P. TO THE
OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT &
TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK
(BANK) FOR DESIGNATION AS A QUALIFIED BUSINESS AND
TRIPLE JUMBO ENTERPRISE PROJECT (PROJECT) UNDER THE
TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT
CODE (ACT)
WHEREAS, the City of Corpus Christi ("City") on October 14, 2003, passed Ordinance
No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local
incentives offered under this resolution are substantially the same on this date as were
outlined in Ordinance No. 025513;
WHEREAS, the Office of the Govemor Economic Development and Tourism ("EDT")
through the Economic Development Bank ("Bank") will consider Valero Refining
Company - Texas, L.P. ("Valero Refining"), a wholly owned subsidiary of Valero
Energy Corporation ("VALERO"), as an enterprise project pursuant to a nomination and
an application made by the City;
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of pdvate resources in productive
business enterprises located in the City and to provide employment to residents of
enterprise zones and to other economically disadvantaged individuals;
WHEREAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act]
Texas Government Cede (the "Act"), Valero Refining has applied to the City for
designation as an enterprise project;
VVHEREAS, the City finds that Valero Refining meets the criteria for designation as an
enterprise project under Chapter 2303, Subchapter F of the Act on the following
grounds:
Valero Refining is a "qualified business" under Section 2303.402 of the Act
since it will be engaged in the active conduct of a trade or business at a qualified
business site located in an enterprise zone and at least twenty-five percent
(25.0%) of the business' new employees will be residents of an enterprise zone
or economically disadvantaged individuals; and
There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities within the area; and
Page 2 of 4
The designation of Valero Refining as an enterprise project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area.
WHEREAS, the City finds that Valero Refining meets the criteria for tax relief and other
incentives adopted by the City and nominates Valero Refining as a tdple jumbo
enterprise project on the grounds that it will be located at the qualified business site, will
invest a minimum of $250,000,000 over the proposed project period, maintain the
current level of employment, and create greater economic activity and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate Valero
Refining as a triple jumbo enterprise project pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
That the findings of the C~ and its actions approving this resolution taken
at the council meeting are hereby approved and adopted.
BE IT FURTHER RESOLVED that Valero Refining is a "qualified business", as defined
in Section 2303.402 of the Act, and meets the criteria for designation as a tdple jumbo
enterprise project, as set forth in Section 2303, Subchapter F of the Act.
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of
designation of the enterprise project by the EDT and terminate five years from that date.
PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, this
day of ,2004.
ATrEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Doyle D. ~ur-tis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Day of ,20
The above resolution was passed by the following vote:
Samuel b Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Page 3 of 4
Page 4 of 4
THE STATE OF TEXAS §
COUNTY OF NUECES§
I, , of the City of Corpus Chdsfi, Texas, do hereby
certify that the above and foregoing is a true and correct copy of Resolution Number
passed by the City of Corpus Chdsti C~ Council on the this __ day
of ,2004.
(City Seal)
Armando Chapa
City Secretary
THE STATE OF TEXAS
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
of the City of Corpus Christi, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this day of
,2004
Notary Public, State of Texas
My commission expires:
(Notary Seal)
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 18, 2004
AGENDA ITEM: ResolulJon authorizing the City Manager, or the City ManageCs designee
to submit an application to serve as the Fiscal Agent for the Texas Department of Family
and Protective Services (DFPS) FY 2004-2005 78415 Community Youth Development
(CYD) Program in the amount of $426,000.
ISSUE: DFPS anticipates continued funding for the CYD Program in various cities
throughout the state. The City of Corpus Chdsti may apply for a ninth year of funding in the
amount of $426,000 for Fiscal Year 2004-2005 to be used for programs in the 78415 ZIP
Code area. The City serves as the Fiscal Agent and not the Grant Administrator as in
other program areas. The 78415 CYD Steedng Committee has utilized an objective
consensus-scoring tool for all proposals submitted. Their recommendation to the City
Council is based on many hours of review and consideration. Any changes to the Steedng
Committee's recommendation by the Fiscal Agent will cancel any contract with DFPS for
78415 CYD Program funds for Fiscal Year 2004-2005, and the 78415 ZIP Code area will
not receive any funding. In order to be considered for funding in Fiscal Year 2004-2005,
proposals must be delivered to DFPS by Tuesday, June 15, 2004.
In March 2004, DFPS informed all CYD contractors (including the City of Corpus ChdstJ) of
the anticipated funding level ($426,000)for Fiscal Year 2004-2005. In preparation, the City,
as current Fiscal Agent, called for proposals from the community. Public notice of this was
advertised in the Corpus Chdsti Caller Times newspaper on January 24 and January 31,
2004 and all current subcontractors were informed.
On April 29, 2004, the 78415 CYD Steedng Committee voted to recommend the following
proposals for submission to DFPS:
Boys and Gids Club of Corpus Christi
After-School & Summer Youth Program
$ 54,254.00
Communities In Schools
Mentodng, Activities, and Pre-employment Program
$188,490.00
Corpus Christi Teen Court
Target 78415
$ 16,896.00
Planned Parenthood
Youth Responsibility Program
$ 15,221.00
YMCA $ 49,394.00
Youth Leadership
Youth Odyssey
Adventure Challenge
TOTAL - SUBCONTRACTORS
Fiscal Agent (contract management fees)
$ 13,032.00
$ 337,287.00
$ 88,713.00
TOTAL $ 426,000.00
REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the
Fiscal Agent for DFPS FY 2004-2005 CYD Program in the amount of $426,000.
PREVIOUS COUNCIL ACTION: On May 20, 2003, City Council approved funding for FY
2003-2004 78415 CYD Program.
CONCLUSION AND RECOMMENDATION: The 78415 CYD Steering Committee used a
comprehensive process for their consideration of nine separate program proposals. The
Steering Committee members began the process by reviewing each proposal using a
specifically developed evaluation form. Then all Steedng Committee members met and
reached a consensus on all proposals. Funds were then allotted beginning with the highest
ranked proposal until all the available funds were distributed. The CYD Steedng Committee
approved the program package in a special called meeting on Apdl 29, 2004. The CYD
Steering Committee recommends that the City Council approve the submission of an
application for the City of Corpus Chdsti to serve as the Fiscal Agent for DFPS FY 2004-
2005 CYD Program in the amount of $426,000.
Assistant City Manager
Intedm Director of Park and Recreation
Attachments:
BACKGROUNDINFORMATION
On May 27, 1997, the City Council approved a transfer agreement with the Workforce
Development Corporation pertaining to the CYD Contract with DFPS for the 78415 CYD
Program, and executed a contract with TDPRS. The City Council also passed a resolution
(fl022938) establishing the CYD Steering Committee. Since then, the City has served as
the Fiscal Agent for the program and entered into subcontracts with many community
agencies for CYD service.
In 1995, DFPS developed a program to fund local grass roots efforts in the highest juvenile
crime areas of the state by ZIP Code. The program sought to create activities that were not
currently available within the local 78415 ZIP Code area. These activities were made
available to youth ages 5-17. Eligible activities must fall within the following categories:
mentodng, activities, employment, education, and/or youth leadership. In order to meet
DFPS guidelines, a mentodng and youth leadership component must be part of the overall
78415 CYD Program's Plan of Operation.
Since its inception, the CYD Program has served the 78415 zip code area through a
number of service providers. These would include Boys &Gids Club, Communities In
Schools, Corpus Chdsti Housing Authority, Corpus Chdsti Independent School District,
Corpus Chdsti Public Library, Paisano Gid Scout Council, Park & Recreation Department,
Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA, and YWCA.
The CYD Program utilizes the Texas Department of Prevention and Eady Intervention
(DPEI) database to track the actual number of unduplicated youth served. The database
has been in place since FY 2000_ According to the Contracted Output Measure Reports,
the 78415 CYD Program has served 7,237 unduplicated youth for FY 2000-2003. With
69% of the contract year past for FY 2004, the CYD Program has served 1,575
undupliceted youth, which is approximately 90% of the contract. By contract year end, the
number of unduplicated youth should surpass the number projected in the contract.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT AN APPLICATION TO SERVE AS THE
FISCAL AGENT FOR THE TEXAS DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES FY 2004-2005 76415 COMMUNITY YOUTH
DEVELOPMENT PROGRAM IN THE AMOUNT OF $426,000
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
an application to serve as the Fiscal Agent for the Texas Depar13'nent of Family and
Protective Services FY 2004-2005 78415 Community Youth Development Program in
the amount of $426,000.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the City.
A3-1'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May I .,3_, 2004.
Lisa Aguilar )'~{~
Assistant City'-Attomey
for City Attomey
Samuel L. Neal, Jr.
Mayor
May 25 2004 DFPS grant app.doc
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
15
CITY COUNCIL
AGENDA MEMORANDUM
May 1l~, 2004
AGENDA ITEM: Ordinance abandoning and vacating a 1,514-square foot portion of a 1 O-
foot wide utility easement between Lots 23-25, and Lots 48-50, Block 11, Flour Bluff Park;
requiring the owner, SSP Partners I1, L.L.C., (Circle K) to comply with the specified
conditions and replat the property within 180 days at owner's expense; and declaring an
emergency.
ISSUE: The closure of the 1,514-square foot portion of utility easement is so that the
owner may construct and extend a canopy and add new gas pumps that would cover all/or
portions ol' these utility easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his
expense.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
"B.A. B ailey~'"'~
Director of De~et6pment Services
A~tachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Urban Engineering, on behalf of SSP Partners il, L.L.C. (Circle K) is requesting the
abandonment and vacation of a 1,514-square foot portion of a 10-foot wide utility
easement in Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park in order to
accommodate the future extension and construction of a canopy and the adding of new
gas pumps that will cover all/or portions of the existing utility easement. The easement to
be abandoned and vacated is located in a "B-3" Business District.
All public and franchised utilities were contacted. City Gas Department has removed an
existing gas line to comply with this easement request. City Gas Department requires that
owner pay an amount of $4,085.00 for terminating and removing an existing 6" City gas
main that was within the 10-foot utility easement. City Wastewater Department has an 8"
D.I.P. in the remaining easement that will not be affected by this closure. None of the other
city departments and franchised utility companies had any facilities within the easement or
any objections to the easement being vacated and abandoned.
Staff recommends payment of the fair market value of $ 3,800.00 for the abandonment
and vacation of a 1,514-square foot portion of the 10-foot wide utility easement. The
owner has been advised of and concurs with the conditions of the easement abandonment
and vacation.
EXHIBIT A
FROM: B. A. Bailey, Director of Development Services
DATE: May 12, 2004
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: May 18, 2004
ORDINANCE CAPTION:
Abandoning and vacating a 1,514-square foot portion of a 10-foot wide utility easement between Lots 23-25,
and Lots 48-50, Block 11, Flour Bluff Park; requiring the owner. SSP Partners II. L.L.C., (Circle K) to comply
with the specified conditions and replat the property within 180 days at owner's expense; and declaring an
emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 7, Pages 52-53, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1)
2)
3)
That the Owner pay fair market value of $3,800.00 for the abandonment and vacaBon of
the total 1,514-square foot portloo of utility easement.
Prior to closure being granted, Owner must pay the City Gas Department an amount of
$4,085.00 for terminating and removing an exislJng 6' City gas main that was within the 10-
foot utility easement.
The Owner must replat the portions of Lots 23-25 and 48-50, Block 11, Flour Bluff Park being
abandoned and vacated within 180 days at Owner's expense.
REQUESTED BY:
~ment Services
DATE: ~'T~[ ~), ;~.--
APPROVED:
DATE: EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 1,514-SQUARE FOOT PORTION OF
A 10-FOOT WIDE UTILITY EASEMENT BETWEEN LOTS 23-25 AND
LOTS 48-50, BLOCK 11, FLOUR BLUFF PARK; REQUIRING THE
OWNER, SSP PARTNERS II, LLC, TO COMPLY WITH THE SPECIFIED
CONDITIONS AND REPLAT THE PROPER'rY WITHIN 180 DAYS AT
OWNER'S EXPENSE; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 1,514-square foot portion of A 10-foot wide utility easement
between Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park, as recorded in Volume
7, Pages 52-53, Map Records Nueces County, Texas, that the owner, SSP Partners Il,
LLC, (Owner), wishes to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement for all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 1,514-square foot portion of a 10-foot wide utility easement
between Lots 23-25 and Lots 48-50, Block 11, Flour Bluff Park, as recorded in Volume
7, Pages 52-53, Map Records Nueces County, Texas, abandoned and vacated for
public use as a utility easement, subject to Owner's compliance with the following
specified conditions as part of the abandonment and vacation:
Payment of the fair market value of $3,800 for the proposed vacation and
abandonment of the 1,514-square foot portion of utility easement.
Prior to closure being granted, Owner must pay the City Gas Department an
amount of $4,085.00 for terminating and removing an existing 6-inch City gas
main that is within the 10-foot utility easement.
That the Owner replat the portions of Lots 23-25 and 48-50, Block 11, Flour Bluff
Park, being abandoned and vacated within 180 days at Owner's expense;
provided however, the City Engineer may extend the time limit for an additional
180 days if extenuating circumstances outside the Owner's control necessitate
an extension.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 18th day of May, 2004.
H:~LEG-DIRUoseph\ORD-FIrBIfSSP.doc
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved
,2004
Josel:
Assistant City Attomey
For City Attomey
H:~LEG-DIR~Joseph\ORD-FIrBIfSSP.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: lANe, therefore, request that you
suspend said Charier 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
City of Corpus Chdsti
Council Members
The above ordinance 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
H:\LEG-DIR~Joseph\ORD-FIrBIIS S P.doc
lo! 22 ~ lot 47
/,---S60'~2'42'E
! ~o.oo'
LOCATION MAP N.T.S.
Lot 2~ Lot 48
11 BloCk I~
Lot 2~ Lot
~ ~ ~ ~ea for Easement Closure
ob ~ ~ b o Equols 1.514 sq.ft.
Lot 25
Lot 50
N40'57'4.7'WJ~ "-.-- N61'03
5_32' ,~ 5.00'
~.~.~ south Po~ /~/o~ D~,'~
Map to Accompaay
0.744 oc~s of ~ o~t of Lot 31, SecE~ 12,
41-4~ ~ R~ of N~ ~ T~.
Exhibit C
16
AGENDA MEMORANDUM
May 11,2004
SUBJECT: Alameda Bddge - Vehicle Restrictions over 1-37
AGENDA ITEM:
Amending the City's Code of Ordinances Chapter 53 - Traffic, Article V - Operation of
Vehicles, by Resb'icting Vehicular Traffic on the Alameda Street Bddge over 1-37, as Part
of the RTA's Livable Communities Initiative; Providing for Severance; Providing for
Publication; and Providing for Penalties.
FUNDING: No expenditure of funds will be required.
RECOMMENDATION: Approval of the ordinance as presented.
~,ngel R_ Esc'~bar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Site Map
Resolution
1998 Location Map
Rendering - Ornate Superstructure
H:~OM~VINS\GEN~,~TA~.CL~J ameda Bddge\O~d Memo,doc
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
Livable Community Initiative Phase 1 was completed in 1997 and consisted of
accessibility improvements and related amenities at the Oveal Williams Senior
Community Center. Livable Community Initiative Phase 2 and 3 will provide improved
connections from the Northside Area to the RTA's Staples Street Transfer Center, City
Hall, and the Nueces County Courthouse.
This project was identified as a Livable Communities Initiative by the RTA. The
concept of Livable Community Initiative Phases 2 and 3 was reviewed and received
support form the City's Transportation Advisory Committee in September of 1998.
TxDOT endorsed the project concept in September of 1998. Council was bdefed on
the project dudng December of 1998, and passed a resolution of support for the
project. A copy of the resolution is attached. See Exhibit C. The RTA and TxDOT are
ready to proceed with tho Livable Communities Initiative Phases 2 and 3 for the
Alameda Bddge. The proposed project was presented to the Transportation Advisory
Committee Apd126, 2004. TxDOT had a preconstruction meeting on May 5, 2004, to
begin the project_
PRIOR COUNCIL ACTION: ~
December 8, 1998 - Resolution Supporting the Request by the Corpus Christi
Regional Transportation Authority and Proposal to the Texas Department of
Transportation for the Designation of the Alameda Street Bddge over Interstate 37,
between its North and South Frontage Roads, as an "Automobile-Free Zone" for
purposes related to the Regional Transportation Authority's Livable Communities
Initiative Project, Phases 2 and 3 (Res. No. 023518).
PROJECT DESCRIPTION: Improvements will consist of sidewalk, accessibility,
lighting improvements, and conversion of the Interstate 37 Alameda Street bddge to an
automobile free zone_ The project will close the Alameda Street Bddge across 1-37 to
vehicular traffic_ Maintenance and emergency vehicles would be able to continue to
operate on the bridge as needed.
The automobile free zone on the Alameda Street bddge would prohibit the entry of
traffic onto the bddge from the intersecting Interstate 37 north (Martin Luther King
Ddve) and south (Antelope Street) frontage roads, and from the outside approaches of
Alameda Street. Vertical removable steel or concrete bollards will be installed across
the road to barricade automobile traffic, but will allow passage of pedestrians and
bicyclists. There would be no alteration of the bridge otherwise except the bridge
railing which will be increased in height for the protection of bicyclists, and construction
of an omate superstructure. The structural integrity of the bridge will not be
compromised, and the bddge could be re-converted to allow passage of automobile
I EXHIBITAJ
Page 1 of 2
H:',HOME~J<EVlN S\GEN~RTA~CIAJameda Bddge\Ord B kg ExhA.doc
traffic in the future, if necessary. Emergency traffic, such as ambulances, would have
emergency access to the bddge, or to pass over the bddge with simple removal of the
bollard barricades.
The only action required of the City is passage of an ordinance restricting traffic on the
bddge.
FUNDING: The project is fully funded by the RTA. Landscaping, irrigation and
pedestrian lighting will be maintained and paid for by the RTA. The project does not
utilize any City funds.
I EXHIBITA I
Page 2 of 2
H:~HOiVIE~:EV] NS\GEN~TA~ClAJameda Bddge~3rdBkgExh A-doc
File : \Mproject\councilexhibits\exh4$! 1olomedebridge. dwg
LOCATION MAP
NOT TO SCALE
PROJECT
LOCATION
CORPUS
N
CHRISTI BAY
/.
Ben ii
Perk
VICINITY MAP
NOT TO SCALE
EXHIBIT "B"
ALAMEDA BRIDGE-VEHICLE
RESTRICTIONS OVER IH-37
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICE~
PAGE: I of 1
DATE: 05- 11-2004
FILE COPY
RESOLUTION
SUPPORTING 'iH~ REQUEST BY 'J'~ CORPUS CHRIb'll REGIONAL
TRANSPORTATION AUTHORITY AND PROPOSAL TO 'l'ti~ TEXAS
DEPARTIVIFaNT OF TRANSPORTATION FOR THE DESIGNATION OF
ALAMEDA STREET BRIDGE OVER I~rl'ERSTATE m'GHWAY 37, BETWEEN
ITS NORTH AND SOUTH FRONTAGE ROADS, AS AN "AUTOMOBH.F-FREE
ZONE" FOR PURPOSES RELATED TO ~ REGIONAL TRANSPORTATION
AUT~ORITY'S LIVABLE COMMUNITIES I~Ni'i'IA'i'i~E PROJECT, PliASES 2
~t~ H I~:Ii.[AS., the Corpu~ Chri~ Regional Transportation Authority (RTA) has nx:eived a grant fi'om
the Federal Transit Administration to construct improvements to the sm:ct systems that will provide a more
pedeslxian-friendly environment between public Ix-an.sit facilities (i.e., the Staples Slxeet Station Transit
Center) and other commtmity facilities (i.e., City Hall and the Northside area, including its Oveal Williams
Senior Community Centre'); and
WHEREAS, in the RTA's public meetings in the City's Northside area, the public has voiced a
concern that Interstate Highway 37 is largely viewed as a pedeslxian ban'ier by the Northside Community
for safe and convenient access to public facilities south of the NortKside area; and
WI:I~KEAS, th~m exists two bridges over Interstate Highway 37 on Alameda Sla'eet and on Slap,les
S~ in the same immediate vicinity, in which the Alameda Street Bridge no lOnger experiences demand
for through vehicle traffic; and
WH e:UY_.AS, the RTA has ~quested the Texas I::~q~u'nnent of T~n's and City's approval
to prohibit motor vehicle ~'affic on the Alameda Slmet Bridge in order ~ the bridge can be used
exclusively by pedestrian and bicycle tra~c as a safer means for crossing Interstate Highway 37; and
WHEREAS, the Texas Deptub=,ent of Transportation, which has maintenance and operational
jurisdiction on the Alameda Street Bridge, is agreeable to the RTA's request_; and
WH:EREAS, the Texas Deparanent of Transportation has asked the City to concur in this action by
passage ora resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI,
TEXAS:
SEL-I'ION 1: That the City Council of Corpus Christi supports the proposed action of the RTA to
designate the Alameda Slxeet Bridge on lnterslate Highway 37, between its north and south frontage roads,
as an "automobile-f~ee zone" for purposes related to the Regional Transportation Authority's Livable
Community Initiative Project, Phases 2 and 3_
SECTION 2: That the City Council of Corpus Christi will consider for approval an ordinance
prohibiting motor vehicle Iraffic on the Alameda Street Bridge for the implementation of the "automobile-
fren zone" following I~e RTA's preparation of plans and specifications for the project and final approval by
the Texas Transportation Commission.
H:~LEG-DtR~DIANNA'J ERRY~ORD~042.RES
35£8
Exhibit C
Page 1 of 2
ATTEST:
Legal form approved on ~_-
By:
1998; James lC Bray, Jr., City Attorney.
H:~LEG-DIR~DIANNALI ERRY'xORD\042.1LES
Exhibit C
Page 2 of 2
Exhibit D
Page 1 of 1
AN ORDINANCE
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 53
-TRAFFIC, ARTICLE V - OPERATION OF VEHICLES, BY
RESTRICTING VEHICULAR TRAFFIC ON THE ALAMEDA
STREET BRIDGE OVER 1-37, AS PART OF THE RTA'S LIVABLE
COMMUNITIES INITIATIVE; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR
PENALTIES.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances of the City of Corpus Christi is
amended by adding Section 53-107, to read as follows:
Sec. 53-107. Automobile-- restricted zones.
It shall be unlawful for any person to ddve, park, or operate any vehicle, as
defined in Section 541.201, Texas Transportation Cede, excludinq bicycles,
on any part of the street dqht-of-way of any of the followin~l street sections
identified, throuQh traffic siQnaqe posted and maintained at each respective
end of the identified street, as an Automobile Restricted Zone:
(1) North Alameda Street (Bfidqe), between the south dqht-of-wav of Martin
Luther Kinq Ddve (Interstate 37 North Frontaqe Road) and the north dqht-of-
way of Antelope Street (Interstate 37 South Frontaqe Road)
(b) The restrictions in subsection (a) of this section do not apply to:
(1) An authorized emergency vehicle, as defined in Section 541.201, Texas
Transportation Code.
(2) A vehicle used in the supervision or maintenance of streets or bridqes or
street li~lhtinq, while beincl used for supervision or maintenance pumoses
by the City or any other qovernmental entity.
(3) A vehicle or vehicles used for any special permit transportincl of any
matedal or ecluipment, under which case a special permit must be issued
by the City Traffic Enclineer and or supervisin.q authority of an,/other
aovemmental entity that specifies the restricted area to be accessed or
traveled upon.
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 coud 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 hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
Cib/of Corpus Chdsti as required by City Charter of the Ci~ of Corpus Christi.
SECTION 4. Penalties are as provided in Section 53-55, Code of Ordinances.
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
PASSED AND APPROVED, this the
ATTEST:
day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form M%
By:
Jose~HarnV~ey ~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
20O4;
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Construction Update #3 on Packery Channel
CITY STAFF PRESENTER(S):
Name Title
1. 'Angel R. Escobar Director
May 8, 2004
Dept/Division
Engineering Svcs
OUTSIDE PRESENTER(S):
Name
1. None
Title/Position
Organization
ISSUE: This is an update on the construction status of the Packery Channel
project.
BACKGROUND: The Water Resources Development Act of 1999 authorized the
North Padre Island Storm Drainage Reduction and Environmental Restoration
project of which the City of Corpus Chdsti was the local sponsor. On April 7, 2001,
city voters approved a proposition to create a tax increment financing distdct on
Padre Island with the intent to support the dredging and reopening of Packery
Channel. The Corps of Engineers (COE) is responsible for all plan preparation and
construction of the channel cleanout, jetty and bulkhead installation and beach
renoudshment.
On Wednesday, May 12, 2004, representatives of the COE Southwest Office and
consulting engineers received an award for the Packery Channel project recognizing
the "best value engineering" in the United States and the resulting efficiency that
helped to reduce project costs. The award commended efforts that resulted in a
savings of $2 million dollars. The Packery Channel Project is just one of eight
projects nationwide that has received such an award this year.
REQUIRED COUNCIL ACTION:
None Required.
Additional Sul)l)ort Material:
Exhibit "A" Memo from Andrew Smith, COE
[ Lynda~utherland - Packery update for Council MTG .._ Page '1~
From;
To:
Data:
Subject:
"Smith, Andrew N SWG" <andrew.n.smith@swgO2.usace.army.mil>
"Joe Trejo (joet@cctexas.com)" <joet@cctexas.com>, <lyT~das@cctexas.com>
5/12/2004 2:33:51 PM
Packery update for Council MTG
Overall the project is 19% complete. The current schedule has some logic
problems with the activities, but according to it we are 4% behind. This is
mainly due to funding issues, but the contractor will submit a new schedule
as soon as some o[ that is resolved.
Work completed to date:
Dredging Reach 2 complete and accepted. Total of 105,000CY removed.
Installation of utility casing and sand bypass casing
Mechanical exsavat~c~ and compacted fill for PA 2
Installation of StO~Tn Drainage System in PA 2
Dune construction and planting
Work cu~en§y underway:
Mechanical excavation and compacted fill fo( PA 3
Installation of storm drainage system in PA 3
Stockpiling of cover stone at Rincon. Approximately 20,000 tons of
stone have been inspected and accepted. Approximately 12,000 to~s are at
the Rincon yard.
Submission of bddge protectio(~ plan for SH 361 bridge to TXDOT.
Delivery of concrete block to job-site for CCM erosion protection.
Attached is a current piclure of work underway at PA 3. Call if you have
any questions.
Andrew Smith
Civil Engineer, Southern Area Office
O: (361)884-3385 ext2.16
F: (361)884-4959
M: (361)533-4888
EXHIBIT "A"
Page 1 of 1
CONSTRUCTION UPDATE #3
Overall Completion
- 19%
,Dredging Complete and Accepted~
i
105,000 cy of Sand Removed
3
Utility and Sand By Pass Casings
Installation Complete
4
Excavation and Fill
Work at Placement
Area 2 - (northside
of the Channel) has
been completed
from US 181 to the
Dune Protection
Line. This includes
the installation of
the Storm Drainage
System
5
Required Dune Protection Line
COMPLETE
6
Sand Placement in Progress
7
Stockpiling of Stone
Approximately
20,000 tons of stone
have been inspected
and accepted
8
Approximately
12,000 tons of stone
are at the Rincon
Yard waiting to be
barged to site
Delivery of Erosion Fabric
Prior to Concrete
Cellular Mattress
(CCM) installation,
erosion protection
fabric is installed to
prevent sand migration.
9
Shiner Moseley & Associates was selected by
the Coastal Bend Bays & Estuaries Program to
design required mitigation for the project.
Alternate Analysis and Design is scheduled to
, begin first of June 2004.
Shamrock
10
May 27, 2004:
City staff will travel to Austin for the approval of
a $500,000 grant from the Texas Parks .and
Wildlife Commission. This will be combined
with a City Match of $205,621 for the
construction of Boat Ramps on the Channel.
11
Construction Time Schedule
August 2003:
Work Begins
May 2004:
Project 19%
complete as of
April '04 and
ahead of schedule
12
August 2005:
Project Complete!
Value Engineering Award
· The Packery Channel project received a
national award for the "Best Value Engineering"
efforts between the COE, City, engineers and
contractor
· VE efforts resulted in a $2M cost savings for
the project ' ~ -
· The Packery Channel
project is just one of
eight projects
nationwide to receive
such an award this
year
13
18
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 18, 2004
AGENDA ITEM: (Caption as it should appear on the agenda)
Presentation of the Third Quarterly Update on the City's Title II Transition Plan under the
Americans with Disabilities Act (ADA).
ISSUE: Under the City's Adopted ADA Title II Transition Plan, the City Council is to receive
quarterly updates regarding the progress of transitioning areas of deficient access to
barrier-free and accessible public City facilities, services, activities and programs.
REQUIRED COUNCIL ACTION: None at this time.
PREVIOUS COUNCIL ACTION:
The City Council adopted the City's Title II Transition Plan under the Americans with
Disabilities Act on February 11,2003.
The City Council authorized a contract for ADA curb ramp improvement projects on
February 24, 2004.
On Apdl 13, 2004, the City Council authorized a contract for barrier removal and
accessibility within 26 public facilities.
FUNDING:
Approval of operating funds for accessibility and barrier removal in City public programs
was effective August 1, 2003. Capital funding for public City facilities was also effective
August 1,2003. Funding for curb ramp barder removal projects is pending voter approved
bonds, beginning with the 2004 Bond Program.
CONCLUSION AND RECOMMENDATION:
No further changes or recommendations at this time.
L. David Ramos
Director of Human Relations
BACKGROUNDINFORMATION
Progress in Third Quarter
Americans with Disabilities Act (ADA)
Title II - Public Entities
The categories of accessibility and barrier removal under the City's Title II ADA transition
plan are Public Facilities, Public Programs, Site Development, Outreach, Citywide Curb
Ramps and Individual Curb Ramp Requests. The projects identified in the City's transition
plan are to make improvements in areas of service to the public by providing accessibility
for cross-disabilities. Funding of the transition plan's public facility improvements is through
the City's FY 2003-04 Community Block Grants Program (CDBG), while funding of the
public programming improvements are through the Cib/s FY 2003-04 Operating Budget.
The City continued implementation measures of the transition plan. In the third quarter of
FY 2003-04, work continued through the following efforts:
Public Facilities
The improvements in the City's public facilities are being implemented through the
City's Engineering Services Department. The bid process was completed for the
construction projects of 26 City sites. A contract for these barrier removal and
accessibility projects was awarded to Zimmerman Construction for $336,100.
Completion of these projects is estimated by the end of October 2004.
These 26 construction project sites include City Hall, Cole Park Amphitheater,
Galvan House, Grande Grossman House, Greenwood Ball Field Restrooms,
Williams Ddve Health Clinic, HEB Tennis Facility Restrooms, Heritage Park
Carriage House, Central Library, Merriman Boby's House, Oso Golf Course, Oveal
Williams Senior Center, Park Operations Building ~4, People Street T-Head
Restrooms, Sidbury House, Corpus Chdsti North Beach Restrooms, Fire Station #5,
Fire Station #13, Street/Solid Waste Services Facility, and the West Guth Pool
Restrooms.
II.
Programs
A. City Libraries
Currently, some of the book aisles are too narrow for customers to maneuver
while using mobility equipment such as wheelchairs and scooters.
Therefore, accessible furnishings were ordered to assist customers with
disabilities, who would have limited access to the materials offered in the
public libraries. Accessible service desks will go to the Central and
Greenwood libraries, while recommended remodeling to the existing service
counters is pending for the Parkdale and Northwest branches.
III.
Background Information - Page 2
Programs Continued
Museum of Natural Science and History
Accessibility measures at the Museum continued into this quarter. The order
arrived of accessible materials and devices to be used by customers with
visual impairments who would otherwise not experience the exhibits. Staff
began and completed scripts for an altemate format, which are to be
recorded onto audio devices. The final product for the audio tour is now in
production with the vendor.
Closed Captioning Services
The City continues to improve in the area of accessible communication of its
public services, activities and programs. For recorded communications, the
City began closed captioning of the information provided through the monthly
production of Cityscape segments. The Apdl 2004 Cityscape tape was the
first to complete the new production process.
In the area of live communications, the City finalized a methodology for a
new request for proposals (RFP) on live closed captioning service of
meetings held in the City Council Chambers. City Staff explored options
through RFP processes and opportunities with vendors already processed
through the State of Texas. After discussions and meetings with Legal and
Purchasing, a closed RFP to vendors listed with the State of Texas was the
selected process to secure live closed captioning services for the City. The
proposal deadline is May 25, 2004. The projected tumaround time upon
contract award and site visit is approximately seven weeks, with set-up of
equipment and testing before live closed captioning commences.
Customer Service Areas
This is an ongoing effort to provide accessible customer service. Staff
continues to meet with City departments and divisions on customer service,
requests for accommodations, policy and procedure issues for accessibility.
This quarter Human Relations has worked with the Airport, Coliseum,
Engineering Services, Health Department's Nursing Division, Park and
Recreation, Solid Waste Services and the Traffic Engineering Division.
Site Development
City staff of plan reviewers, building inspectors and a compliance officer will be
attending the Texas Department of Licensing and Regulations' accessibility
academy in June 28-30, 2004. Locally, there will be professional Ti[le II
accessibility training for all ADA coordinators and other City staff on July 18, 2004,
during the City's Human Relations Annual Conference.
Background Information - Page 3
IV.
Outreach
This is an area for the promotion of accessibility awareness. The upcoming July
16~ Human Relations Annual Conference will also include Title III accessible for
pdvate entities. Area businesses and agencies will be invited to attend.
Monthly training of City employees continues to increase awareness and/or provide
a refresher course in serving customers with disabilities. Three sessions were
conducted this quarter.
V=
Citywide Curb Ramps
The curb ramp projects listed under the ADA transition plan remain as approved
projects in the City's Capital improvement Project Budget, which will be part of
the City's upcoming 2004 Bond Program_
VI.
Individual Curb Ramp Requests
To address the more immediate curb ramp concerns by citizens with a
demonstrated need, the City had several individual curb ramp requests submitted
pdor to the final adoption of the transition plan. The recommended funding for
these indMdual curb ramp requests was through previous Community Development
Block Grant (CDBG) funding. The bid process for these requested curb ramps was
completed through Engineering Services. A contract was awarded to Nuway
International, Inc. of Corpus Chdsti, Texas for $224,310 for ADA curb ramps at
various sites through Phase 1 of 3:
· Individual Requests
· Mary Grett School Area
· Memodal Hospital Area
· Spohn Hospital Area
· Tadton between Port and Ayers and
· Poenisch and Ropes Park
In other news regarding accessibility, the City adopted a non-discrimination ordinance
regarding the protected class of disability on February 10, 2004. City Staff will begin
quarterly updates on implementation of the non-discrimination ordinance in June 2004.
~,City of Corpus Christi
ADA Title II Transition Plan
City of
Corpus
Christi
Third Quarterly Update
May 18, 2004
Transition Plan Purpose
To provide accessibility through the
removal of barriers for cross-
disabilities in public facilities, services,
activities and programs in accordance
with Title II of the Americans with
Disabilities Act.
City of Corpus Chdsti 1
Title II Transition Plan Progress in
Public Facilities
Category
Public Facility
Sites
Adopted
Estimate
Estimated
Completion
Date
Facilities
City Hall, Libraries,
Health, Street/SWS,
$599,805
FY 2004-05
Rec. Centers, Sr.
Centers
STATUS: Ongoing - A&E Consultant Work on
Elarrier Removal Projects;
Mar 2004 A. Engineering completed the bid process
for 26 projects.
Apr 2004 A. Contract awarded for the 26 projects at
El. Automat,on of 17' City Hall Doors
C. Replacement of Levers on 17 Door
UnitS
City of Corpus Christi 2
Title II Transition Plan Progress in
Public Programs - 1 of 2
Category
Public Facility
Sites
Adopted
Estimate
Estimated
Completion
Date
Programs
STATUS:
Mar 2004
Apr 2004
Libraries,
Museum, Closed
Captioning and
Various Customer
Service Areas
Ongoing
$136,730
Year One,
then
$117,480
Annually
A. Museum audio tour script in production.
B. Processing of closed captioning for
Cityscape segments completed.
A. Bid process on live closed captioning.
B. Purchased accessible tables for Library
customer service & P&R computer class.
City of Corpus Chdsti 3
Title II Transition Plan Progress in
Public Programs - 2 of 2
Category
Publi.c. Facility Adopted
S~tes Estimate
Estimated
Completion
Date
Programs
Libraries, Museum,
Closed Captioning
and Various Customer
Service Areas
$136,730
Year One,
then
$117,480
STATUS:
March -
April 2004 accommodations:
Relations
Coliseum,
Annually
On.go. ing - Assistance to City departments in
policies, procedures and requests for
This
has worked
Engineering
quarter H. uman
with the A,rport,
Services, Health
Department-Nursing Division, Park and
Recreation, Solid Waste Services and the
Traffic Engineering Division.
City of Corpus Christi 4
Title II Transition Plan Progress in
Site Development
Category
Site
Development
Public Facility
Sites
Training of
Development
Services Staff at
TX Accessibility
Academy
Adopted
Estimate
$10,000
Unappropriated
Estimated
Completion
Date
Annually
STATUS:
City plan reviewers, building inspectors
and a compliance officer will attend the
State of Texas' Full Academyon
Accessibility Standards in June 2004.
City of Corpus Christi 5
Title II Transition Plan Progress in
Outreach
Category
Outreach
STATUS:
Publi.c. Facility
Sites
Citywide
~dopted
stimate
$5,000
Unappropriated
Estimated
Completion
Date
Annually
(1) Conducted three awareness training
sessions for City employees during this
quarter.
(2) Preparations for professional training on
accessibility for Title II public entities
and Title III private entities.
(3) Exploring other awareness & marketing
opportunities.
City of Corpus Chdsti 6
Title II Transition Plan Progress in
City Curb Ramps
Category
Public Facility
Sites
Adopted
Estimate
Estimated
Completion Date
Citywide
Curb
Ramps
STATUS:
Individual
Curb
Ramp
Requests
Prioritized List of $8 Million FY 2011-12
Arterial and
Collector Streets
Pending- Citywide curb ramp projects are
scheduled in the 2004 Bond Program. Voters
will consider approval of this funding in
November 2004.
P.r.!or to the final ado. pti.on, of the transition plan,
cItizens requested Indlwdual curb ramps: In
February 2004, Engineering Services completed
the bid process for curb ramp work. A contract
was awarded for $224,310 in curb ramp projects.
City of Corpus Christi 7
Other Accessibility Efforts
Third Quarter
On February 10, 2004, the City Council
adopted a non-discrimination ordinance to
provide accessibility and further prohibit
discrimination against the protected class of
disability.
Status of the non-discrimination ordinance
will be provided to the City Council, the
advisory board of the Committee for Persons
with Disabilities, and the Human Relations
Commission on a quarterly basis, beginning
in June 2004.
City of Corpus Christi 8
For more information
on
accessibility:
Human R~:lations Department
www.cctexas.com
(361) 880-3190
City of
Corpus
Christi
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 05/18/2004
AGENDA ITEM:
A) Motion authorizing the City Manager or his designee to enter into a sole source
contract with Tropos Networks, Inc. in the amount of $641,200.00 to provide the
wireless broadband network necessary for the implementation of the Automated Meter
Reading / Wireless Broadband Network Pilot project.
B) Motion authorizing the City Manager or his designee to execute a Co, lb act amendment
with PTI / RAM Technologies of Washington, DC in the amount of $300,000.00 to
provide Consulting Services for the deployment and Contract administration of the
Automated Meter Reading / Wireless Broadband Network Pilot project.
C) Motion authorizing the expenditure of an amount not to exceed $100,000.00 to
American Electric Power for access to utility poles; power supply to AMR devices; and
build outs as necessary; and to a third party for installation of the devices neck__ ~_~ary for
the Automated Meter Reading / Wireless Broadband Network Pilot project.
ISSUE: The City co~ffacted with Public Technology, Inc. (PTI) to provide consulting
services for the design, implementation and evaluation of an automated meter
reading/wireless broadband network pilot project.
We issued an RFI and PTI evaluated 38 possible technology choices based on the Ci~s
requirements. Of these, 3 technologies met some of the requirements, but only Tropos
Networks' "Mesh Technology" will allow for a seamless wireless transfer of data when
traveling at high speed.
Research also has shown that the Wireless Network has more far reaching benefits then
those identified for Automated Meter Reading and the proposed Wireless pilot area has
been significantly extended beyond the odginal proposal for validation of these uses. The
contact with PTI needs to be amended accordingly.
The City is now ready to build the Wireless Broadband Network Pilot project necessary to
support Automated Meter Reading in the Pilot project areas.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: City Council approved purchase of the ITRON handheld
meter reading system on August 26, 2003.
City Council approved a Contract with PTI / Ram Technologies of Washington DC to
provide consulting services for the Automated Meter Reading / Wireless Broadband
Network Pilot project on October 21, 2003.
City Council approved a Resolution to submit a grant application to the United States
Department of Homeland Security to fund the City-wide Wireless Fidelity (VV'~Fi) portion of
the Automated Meter Reading / Wireless Broadband Network Pilot project on December
16, 2003.
FUNDING:
Amount Budgeted $1,041,200
Source of Funds
550950 ~.'!,75-550950-200465 $ 520,600.00
550950-4550-550950-200465 $ 520,600.00
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Ogilvie F. Gedcke, P.E.,
Director of Information Technology
BACKGROUNDINFORMATION
Numerous issues are facing the City's meter reading activity today. First, the existing
manual meter reading system is expensive and does not support good customer service.
Secondly, legislation requires individual metering for multi-family dwellings, apartments and
trailer parks. Thirdly, the City's aging meter infrastructure is being considered for a
significant upgrade.
It was therefore prudent to evaluate if an Automated Meter Reading solution may be more
cost efficient when compared to the current manual system. Public Technology, Inc. was
hired to assist staff in this assessment and with the development of a strategy and specific
recommendations for the pursuit of an Automated Meter Reading solution.
We completed this task and the projected cost estimates, with corresponding savings
opportunities, indicated that Automated Meter Reading should be considered a viable
alternative and that shadng of infrastructure with other wireless systems is also desirable.
City Council approved a Contract with PTI / Ram Technologies of Washington DC on
October 21, 2003 to provide consulting services for the Automated Meter Reading /
Wireless Broadband Network Pilot project. We are now ready to build the Wireless
Broadband Network Pilot project necessary to support Automated Meter Reading in the
Pilot project area. The PTI/RAM activities for managing the implementation and strategic
planning of the citywide WiFi network were originally planned to be included in the scope of
requirements in the published Fixed Network AMR RFP.
i,~,¥-13-2004 05:33~ From- T-548 P.Ulb/UZ~ r-u4u
WIRELESS BROADBAND NETWORK
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas, P. O. Box 9277, Corpus Christi, Texas 78469-9277,
'City", and Tropos Networks, Inc. 1710 S. Amphlett Bivd, Suite 304, San Mateo,
California 94402. "Consultant" agree as follows:
1. Services to be performed. Consultant shall provide the City wtth a turnkey wt-fi
(802.11b) network ('System') to deliver coverage at speeds up to 5 Mbps for a pilot
project area in accordance with the City's Request for Information dated March 2004,
Consultant's response to the RFI, dated May 2004, and Consultant's Statement of
Work, dated May 12, 2004, both of which are Incorporated as part of this contract. The
Consultant shall provide and deliver to the City all equipment, hardware and software
necessary for the System to operate in accordance with this contract.
2. Contract Documents. This agreement, the Request for Information as amended,
(the 'RFI'), Consultant's response to the RFI, dated May 2004, and the Consultant's
proposal dated May t 2, 2004 are Incorporated into this contract (referred to herein as
the 'contract" or 'Agreement"). Any inconsistencies will be resolved in the following
order of priority:
(]) This Contract
(2) RFI
(3) Consultant's response to the RFI dated May 2004
Consultant's proposal dated May 12, 2004 (herein, the 'SOW"')
3. Fee for Services Au~orlzed. The City will pay the Consultant a fixed fee not to
exceed T~tl,200. ("Total Contract Price'), subject to appropriation of funds and written
authorization to proceed. This fee is full and total compensation for all services
provided or expenses incurred In providing the System referred to in this Agreement
(excluding the Optional Standard Support for Years 2 and 3). Consultant will submit
monthly invoices for all sen/Ices rendered. Consultant shall be paid as follow~, In
accordance with successful complatJon of project milestones which are described in the
Consultant's proposal. Consultant shall not commence, nor shall City be obligated for,
any milestone without prior written authorization to proceed from the City Director of
Municipal Information Systems.
System Design Acceptance Milestone: City shall pay Consultant 10% of the Total
Contract Pdce within 30 days of contract execution for development of a Corpus Christi
Design Control Document ("DCD"), subject to acceptance by the City which shall not be
unreasonably withheld or delayed.
Equipment Delivery Milestone: City shall pay Consultant 40% of the Total Contract
Price (as may be prorated in accordance with the SOW) upon receipt and acceptance of
48~D37 ~
Page 2 of ~2-12. I
the equipment and hardware specified in the SOW as necessary for the System to
operate in accordance with this ~ntmct; such acceptance to be In accordance with the
Acceptance Requirements DCD,
Installation and Produclive Use: City shall pay Consultant 20% of the Total Contract
Price (as may be prorated In accordance with the SOW) upon successful completion of
this milestone as defined in the Acceptance Requirements DCD.
Final System Acceptance: City shall pay Consultant 30% of the Total Contract Price
upon City's final acceptance of the System; such acceptance to be in accordance with
the Acceptance Requirements DCD,
4. Ongoing System Performance and Reliability.
Once Final System Acceptance is granted and continuing for one year after the date of
final System acceptance and during any Optional Standard Support Year purchased by
the City, the system performance and reliability will be handred via the Consultant's
Standard Support Agreement. Consultant agrees fl3 use commercially reasonable
efforts to provide Error Corrections for all Product Problems reported by the City to
Consultant. If the City submits a Product Problem to Consultant for resolution, the City
shall provide to Consultant a detailed description of the Product Problem. Consultant
shall prioritize any such Product Problem submitted to Consultant for resolution In
accordance wi~ the hierarchy described below, The City shall supply any additional
Information reasonably requested by Consultant and the City shall make Its support
personnel available (at no cost to Consultant) to assist in the problem identification and
(a) Definitions. The response time objectives are defined as follows:
(I) "Critical." The System is severely degraded in terms of the number of users
unable to access core functionality end results in critical impact on end-user
operations. For example; Data is corrupted; no obvious workaround; requires
program or design changes; causes a system failure, corrupts operating system
Software or Hardware.
(ii) "Major." End-user is able to use the System but is severely restricted. For
example: Causes program failure; workaround Is awkward or inefi'K~ent.
(liT'Minor." End-user can use the System with limitations that are not critical to
overall operations, For example; The workaround is acceptable and does not
seriously I~npact operations; prevents a user from using a preferable procedure;
cer~fuslng interface; externals not al~.cted.
(iv) 'Cosmetic.' End-user can circumvent the problem and use the Software
with only slight inconvenience. For example: The workaround becomes the
permanent solution; correct use is obvious.
464037
9,Jlx96A. DOC
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Page 3 of 12__~
(b) Response Objectives. Consultant will respond to a reported Product Problem as
follows:
(i) W'~ respect to a Critical Problem, Consultant will use commercially
reasonable efforts to acknowledge (i.e., calling the City back wiffiin 30 minutes to
scope and define the Product Problem and to make a first attempt at problem
resolution) within two (2) working hours and provide a response (i.e., making
further attempts to resolve the problem; this may include exchange of oode and
docurnentatJon of troubleshooting work completed) within one (1) working day
and a solution within five (5) working days of receiving notice of the Product
Problem. If a solution cannot reasonably be provided within five (5) days of
receiving notloe of the Product Problem, Consultant shall develop and present a
plan to the City to provide a solution as soon as reasonably practical.
(il) With respect to a Major Problem, Consultant will use commercially
reasonable efforls to acknowledge within two (2) working hours and provide a
response within five (5) working days and a solution within five (6) working days
of receiving notice of ~e Product Problem. If a solution cannot reasonably be
provided within five (5) days of receiving noUce of the Product Problem,
Consultant shall develop and present a plan to the City to provide a solution as
soon as reasonably practical.
W'~h respect to a Minor or Cosmetic Problem, Consultant will respond within twenty
four (24) hours and use commercially reasonable efforts to provide an Error
Correction as soon as reasonably practical, provided, however, that ff a subsequent
release of the Software Is then under development, such Error Correction may be
Incorporated Into that next release,
5. Standard Warranty Support. The Total Conlzact Price includes the Consultant's
Standard Warranty and extended support program for one year from date of final
system acceptance. This Includes:
· A toll free Technical Support Hotline
o 7am to7pm support line, Monday through Friday, Consultant's holidays
excepted as set forth in the DCD
o Web, knowledgebase and F'I'P access
o Email Support
o Access to Tropos Support and Development Englneens (durln9 support
line hours)
· Hardware replacement for 1 year (as further described in Hardware warranty
below)
o 90 Day advance replacement
o Greater than 90 days, return and repair
o 30 days additional warranty on replaced hardware
· Software updates (1 year) (as further described in Software Warranty below)
o Software Updates extended from 90 day standard to 1 year
M~y-13-2004 05:33pm From- T-54B P.019/02~ F-$40
Page 4 of 12._~ I
6. Optional Standard Support.
(a) Optional Standard Support for Year 2: An optional year of standard support may be
purchased by the City for $70,000, if purchased within one year from final System
acceptance.
(b) Optional Standard Support for Year 3: An optional year of standard support may be
purchased by the City for $70,000, if purchased within two years from final System
acceptance.
(c) Optional Standard Support. The Standard Support program provides the following:
A toll free Technical Support Hofline
o 7am to7pm support line, Monday through Fdday, Consu~nt's holidays
excepted as set forth in the DCD
o Web, knowledgebase and F'I'P access
o Emall Support
o Access to Tropes Support and Development Englneem (during support
line hours)
Hardware replacement years 2 - 3
o Retum and repair
Sotlwam updates years 2 - 3
o Software Updates
7. Warranty. Consultant warrants to City that all hardware, software, equipment and
se[vices to be delivered or rendered hereunder, will be of the kind and quality
designated In the Contract Documents and will be performed by quallfled personnel.
Consultant warrants that the System will deliver 99% availability for ayaileble coverage
within the pilot project area identified by the City in accordance with the Consultant's
proposal. If this level of availability is not achieved during the Final System Acceptance
testing period (as such terms are further described in the Acceptance Requlrementa
DCD), then as the City's sole remedy and Consultant's sole obligation, Consultant
agrees to purchase and Install, at Consultant's sole expense, equipment and hardware
necessary to meet this 99% availability level.
8. Hardware Warranty. (a) Consultant warrants that. from the time the equipment is
ordered through one year after the date of final System acceptance by the City
('Warranty Period"), the hardware, tangible products, circuit boards components and all
equipment provided by Consultant (the "Hardware') shall be free from material defects
In materials and workmanship. During the Warranty Period, Coneultant also warrants
that th~ Hardware shall oonform to Consulta~s published specifications in effect as of
the date of manufacture.
(13) The foregoing warranty shall not apply if the defective Hardware (I) has been
subjected to abuse, misuse, neglect, negllgenca, accident, or Improper Installation,
improper storage, Improper handling or use c43nttary to instru~ons issued by
484O37 t~VHN
~ay-13-20~4 05:~3p~ Fr~- T-545 P.Olg/O2B F-B40
Page 5 of
Consultant; (i~ has been repaired Or altered by persons other than ConsuUtant; (iii) has
not been installed, operated, repaired or maintained in accordance with documentation
attached as exhibit to this contract; (iv) has failed due to an Act of God, Including, but
not limited to, fire, flood, temado, earthquake, hurricane, or lighting, c~r (v) has been
used with any third party software or hardware which has not bccn previously approved
in writing by Consultant.
lc) If during the Warranty Period, (m') Consultant is notU'~d promptly in writing upon
discovery of any defect in the Hardware wii. h a detailed description of such alleged
defect, (il) such Hardware is returned, transportation charges prepaid, to Consultant's
designated manufacturing facility in accordance with Consultant's then-current
procedures, as set forth by Consultant from time to time, and (iii) Consultant's
inspections and tests determine that the Hardware is Indeed defective and the
Hardware has not been subjected to any of the conditions set forth In subsection lb)
above, then as the City's sole remedy and Consultant's sole obligation, Consultant
shall, at Consultant's option, repair or replace without charge the defective Hardware,
(d) Consultant additionally warrants that the Hardware shall be compliant with MIL-STD-
810F 509.4 and that for a pedod of 5 years from the date of installation the Hardware
will not suffer any material structural or performance degradation due t~ corrosion of the
Hardware. If the Hardware does not comply with such standard at the time of
installation or suffers material ~ructural or performance degradation during such 5 year
period, then as the City's sole remedy and Consultant's sole obligation, Consultant will
replace, without charge, such noncompliant Hardware. Consultant's obligations under
this Section 8(d) ere subject to: (i) the City providing prompt written notice of any
noncompliant Hardware within the wan'anby period, (ii) the City returning the
noncompliant Hardware, tTansportatlon charges prepaid, to Consultant's designated
manufacturing facility In accordance with Consultant's then-current procedures, es set
forth by Consu~u~nt from time to time, and (ilo Consultant's inspeddons and tests
determine that the Hardware Is indeed noncompliant with the foregoing warranty.
9. Soft, a/am Warranty. Consultant warrants that the software provided by Consultant
(the "Software") shall substantially conform to its published specifications for a period of
one year from the date of final System acceptance by the City ("Software Warranty
Period'). The City's sole remedy and Consultant's sole obligation under the foregoing
warranty shall be for Consultant to use commercially reasonable efforts t~ c~rrect any
substantla~ nonconformity of the Software reported in writing by the Consultant during
the Sof~/are Warranty Period. This warranty shall not apply to any defect In the
Software caused by (0 fl'~ use or operation of the Software in an envlronrnent other
than that Intended or recommended by Consultant,. (i0 modifications to the Software not
made or authorized by Consultant, (ii0 third party hardware or software, that Is not
provided by Consultant, or (iv) City's failure to Implement all software patches, updates
or releases provided to City by Consultant at no additional charge.
10. Di~claimer. E_Xc~ ~ FOR THE WARRANTIES SET FORTH IN THE WARRANTY, HARDWARE
WARRANTY AND SOFTW, aeRE WARRANTY SECTIONS ABOVE, CONSULTAN'r MAKES NO oTHEr.
WARRANTIES AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
484037 v6Ah'IN
eylx06AOOC
M~¥-13-ZQQ4 05:33p~ From-
T-548
P.OZg/DZ6 ~-~4u
Page 6 of 12._~ [
STATUTORY, WiTH RESPECT TO ANY HARDWARE, SOFTWARE, DOCUMENTATION OR SERVICES
PROVIDED IN CONNEC'r~ON WTTI-{ THIS CONTRACT, INCLUDING wrI'HOUT LIMITATION ANY IMPLIED
WARRANTY OF MERcHANTAJ~ILITY, FI INESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFR/NGEMENT OR AR/SING FROM COURSE OF PERFORMANCE, DEALING~ U-~AGE OR TRADE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Il. Termination of Contract. The City may, without prejudice to any right or remedy It
may have due to any failure of the Consultant to perform Its obligations under this
Agreement. terminate the Agreement as follows. The City may, at any time, with or
without cause, terminate this contract upon seven days written notice to the Consultant
at the address specified below, In addition, Consultant may, without prejudice t~ any
right or remedy It may have due to any failure of the City to perform its obligations under
this Agreement, terminate the Agreement aB follows. Consultant may terminate this
Agreement upon thirty days written notice to the City et the address specified below if
the City materially breaches this Agreement and fails to cure such breach within such
lhirty day period. If termination occum prior to final completion and approval of the
project, fl3e Consultant will be paid a reasonable compensation for the sen/Ices actually
rendered by It in accordance with the above described schedule of fees and in
proportton to the amount of work done on ~uch stages or phases as have bc.c.n
authorized. The foregoing will not be construed to require fl3e City to compensate the
Consultant for any servmes not performed in a proper, professional manner.
t2. Notlces. Notices to City should be sent to:
City of Corpus Christi
Attn.: Director of Municipal Information
Systems
P. O. Box 9277
Corpus Christi, Texas 784069-g277
Phone: (381) 880-3740
Not~ces to Consuttant should be sent to:
Mike Taytor
Tropos Networks, thc.
1710 S. Amphlett Blvd
San MateD, California 94402
Phone: (650) 655-4974
'13. Disclosure of Interests. In compliance with City of Corpus ChdstJ Ordinance No.
17112, the Consultant agrees to complete the Disclosure of Interests form attached.
14. License. (a) 'rifle to and ownership of the Software and any documentation, and all
copyright, patent, trade secret, trademark and other Intellectual property righls
embodied in the products or servloes provided by Consultant, shall at all times remain
the property of Consultant and ils Ilcensors. As used heroin, 'Software" and
"documentation" includes any Improved, updated, modified or additional parts thereof
that Consultant may make available to the C~. Subject to the terms and conditions of
this Agreement, Consultant grants to the City a nonexclusNe, nontran.~ferable,
nonsublicensable license (a) with respect to the Software provided on a CD or other
~y-i3-[004 0~:34pm From-
Page 7 of ~.~2-I.2- J
media, to install and execute one (1) copy of the Software (in executable form only) on a
single computer and (b) with respect to Software installed on a Hardware product, to
execute one oopy of the Software (in executable form only) only on the Hardware
product on which the Software wes installed when it was received, In each case solely
for the City's business purposes. The City acknowledges that except for the license
granted in this Section, all rights in and to the Software and documentation are
reserved, and no implied licenses are granted.
(b) The City acknowledges that the Software and its structure, organization, source
code and documentation constitute valuable trade secrets of Consultant and it Ilcensors.
Accordingly, the City agrees that it will not: (i) modify, adapt, alter, translate, or create
derivative works of the Software or documentation; (ii) sublicense, lease, rent, loan,
transfer, assign, disclose or distribute the Software or documentation; (ii0 attempt to, or
authorize any third party to, decompile, dlsessemble, reverse engineer, use for any
competi~e analysis, or otherwise attempt to gain access to the Software source code
or unbundled any embedded Software from any Consultant product; (iv) alter or remove
any copyright, trade secret, patent, trademark, tradename, logo, product designation or
other proprietary and/or ether legal notices contained in or on the Software and any
documentation; or (v) sell or transfer any Software to any third party without the express
written consent of Consultant.
(c) Certain items of scrffware included with Consultant's products are subject to the GNU
General Public License ('GPL"). the Lesser GNU General Public License ("LGPL"), or
other 'open source' or =free software" licenses ("Open Source Software"). Some of the
Open Source Software is owned by third parties. The Open Source Software is not
subject to sections (a) or (b) above or any other term herein that Is Inconsistent wtth
such open source or free software licenses. Instead, each item of Open Source
Software is licensed under the terms of the end-user license that accompanies such
Open Source Softvrare. Nothing in this document lim~ your rights under, or gra.L~ you
rights that supemede, the terms and conditions of any applicable end user license for
the Open Source Software. In particular, nothing in this document restricts your right to
copy, medEy, and dist/ibute that Open Source Software subject to the terms of the GPL
and LGPL As required by the terms of the GPL and LGPL. Consultant makes the
Open Source Software provided under the GPL and LGPL, and Consultant's
modifications to that Open Source Software. available by written request at the notice
address below.
lB. Staff. Consultant Is an independent contractor and neither Consultant nor
Consultant's staff Is, or shall be deemed to be, employed by City. However, the City
reserves the right to reject any pemon assigned to pedorm Services and require
Consultant to promptly provide a replacement if the CEy detormlnes that the individual Is
not adequately performing the Services. Consultant confirms to the City that the City
Mil not be required to furnish or provide any training to Consultant to enable Consultant
to perform the services required in this Agreement. The services shall be performed by
Consultant, or Consultant's staff, and the City shall not be required to hire, supervise or
pay any assIstants to help Consultant who performs the Services under this Agreement.
T-S4B P Og~/OZ6 F-640
Page 8 of 12t-2
16. City Representative. The City's Director of Munidpal Information Systems or his
designee shall represent City during the performance of this co.b,=ct with respect to the
Services and delNerables as defined herein and has authority to execute written
modifications or addR[ons to this contract, The City Representative shall approve all
phases of performance and operations under the contract, including authorization for
payment.
17.Appropriation of Funds. The City may terminate this agm..cment if sufficient funds
are not appropriated in any fiscal year for the payments required In this agreemenL
Such termination will b~ effected by sending wfltlen notice to the Consultant. The
decision by th~ City whether sufflc, lent appropriations will be available shall be accepted
by the Consultant as final. Any of City's conffactual obligations are binding only to the
extent that sufficient funds are appropriated in the annual budgets of the City.
18. Insurance. The Contractor shall comply with the attached insurance requirements.
19. indemnification. The Consultant agrees to and ehall defend, indemnify and hold
harmless the C~ and Its officers, agents and employees ('lndemnltees') from and
against any and ell liability, damages, loss, ciairns, demands, suits, and causes of
action to the extent arising from a third party claim wherein the unmodified Hardware or
Software as delivered by the Consultant and maintained in accordance with
Consultant's documentation directly caused death, personal injuries, or property loss to
such third party. Consultant's obligations under this section are subJect to the City's
obligations to: (a) provide Consultant prompt written notice of such claim; (b) grant
Consultant sole c~n~'ol over the defense or settlement of such claim; and (c) assist fully
In the defense of such cJalm at Consultant's expense. 'The Consultant shall have no
liability for any settlement or sompromise made without Its prior written consent. The
foregoing sets forth Consultant's sole obligation and the City's sole remedy in the event
ef any claim for damages to a third party.
20.Ae~ignabitity. The Consultant shall not assign, nor transfer any of tls obligations or
duties In the contract wt~out the pdor written consent of the City.
21.Subcontractom. The City agrees that the Consultant may subcontract some or all
of the pelformance of its duties provided that the City gives pdor written approval of the
subcontractor.
22. Limitation of Liability, IN NO L=V~NT SHN. L ~rHE~ PARTY OR ~ SUPPLIERS BE LIABLE
FOR ~ LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS
CON'TRACT, HOV~ CAUSED AND ON ANY THEORY OF LIABILITY (VVHETHER IN CONTRACT,
TORT (INCLUDING NEGUGENCE), ==i~dCT L[ABIU'I'Y OR OTHERWISE). CONSULTANT'S TOTAL AND
CUMULATIVE LIABILIT~ ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT SHALL NOT
EXCEED THE AMOUN'FS PAID BY THE CITY TO CONSULTANT UNDER THIS coN'i"R~CT. THE
LIMITATIONS IN THIS SECTION SI~ALL APPt.Y EVeN IF CONSULTANT OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWI'rHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
464037 v6Aff~l
Ma~ 13 04 OS:OSp Tropos Networks 6506554921
Page 9 o1' 12
23.Modifications or Amendments. All modifications or amendments to the contract
must be in writing, must refer specifically to the contract, and must be signed by the
authorized representatives of the City and the Consultant. A modified or amended
contract will be I~led with the City Secretary.
24. Complete Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters covered herein. No other agreements,
representations, warranties represented by or on behalf of Consultant by any of its
employees or agents, or contained in any sales materials or brochures, shall be
deemed to bind the parties solely on the basis of the representations contained herein.
25. Applicable Law and Venue. Consultant shall comply with all applicable laws in
performing services under this Agreement. This Agreement shall be construed in
accordance with the laws of the State of Texas. Any legal dispute shall be filed in the
courts of Nueces County, Texas.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date
first above written_
Tropos~(Networks, Inc.
By:~
Name:
Title:
Date:
City of Corpus Christi:
By:
George K. Noe
City Manager
Date:
Attested by:
Armando Chapa
City Secretary
Approved as to legal form this
May, 2004
By:
Lisa Aguilar
Assistant City Attorney
for City Attorney
day of
~y-13-2004 05:34pm Fr~- T-548 P.024/026 F-640
Page 10 of 1~2~,~ I
INSURANCE REQUIREMENTS
CONTRACTOR'S INSURANCE
Except as otherwise authorized In writing by the City Manager, Contractor must
not commence work under this agreement until all insurance required herein
have been obtained and the City has approved such insurance. Contractor must
not allow any subcontractor to commence work until all similar insurance required
of the subcontractor has been obtained.
As of the effective date of this Agreement, Contractor does not Intend to use ally
independent contractors. If at any time during performance of this Agreement the
Contractor elects to use any such independent contractor, Contractor shall be
required to obtain, directly or Indirectly, all insurance coverage required by the
City for such independent contractor, and to provide the City with all insurance
Certh'lcates requested by the City, prior to such independent contractor
commencing work under this Agreement.
Contractor must furnish to the City's Risk Manager, two (2) copies of Ce~,.ificates
of Insurance, showing the following minimum coverage by insurance company(s)
accepbable to the City's Risk Manager, The City must be named as an additional
insured for the General liability policy and a blanket waiver of subrogation is
required on all applicable policlas (excluding the Automobile IJability policy).
TYPE OF INSURANCE
30-Day written notice of cancellation, non-
renewal, termination or material change
and 10 day written notice of cancellation is
required on all certlflcatee
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Form
2. Premises- Operations
3. Products/Completed Operations
4~ Contractual LAbility
5. Personal Injury
MINIMUM INSURANCE COVERAGE
Bodily InJury and Property Damage
Per occurrence aggregate
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY
1. OWNED, NON-OWNED or RENTED
$500,000 COMBINED SINGLE LIMIT
1o.
T-54~ P.025/0Z~ F-§4g
Page 11 ofl2J I
WORKERS COMPENSATION
Which complies with the Texas Workers'
Compensation Act and Section II of this
exhibit
EMPLOYERS LIABILITY
PROFESSIONAL LIABILITY including:
Coverage provided must cover officers,
directors, employees and agents
1, ERRORS and OMISSIONS
$500,000/$500,000/$500,000
$1,000,000 COMBINED SINGLE LIMIT
In the event of accidents of any kind, Contractor must ~urnish the Risk Manager
~ copies of all repor[s wrd~in ten (10) days ef any accident.
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' COmpensation coverage through a licensed
insurance company obtained In acc~rdarme with Texas law. The contract for
COverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The coverage provided must be in amounts sufficient to
assure that all workers' compensation obligation incurred by the Contractor will be
promptly met.
B. Certificate of Insurance
The City of Corpus ChrisU must be named as an additional Insured on
the General Liability policy and a blanket waiver of eubrogation is
required on all applicable policies (excluding the Automobile Uability
policy).
· If your insurance company use~ the standard ACORD form, the
cancellation clause (bottom right) must be amended by adding the
wording 'changed or" between "be' and "canceled', and deleting the
words, 'endeavor to', and deleting the wording after 'left'. In the
alternative, verification of endorsement to the applicable policy is
acceptable.
The name of the project must be listed under 'Description of Operations"
· At a minimum, a 30-day whiten notice of cancellation, non-renewal,
termination or material change and a t0-day written notice of
cancellation for non-payment of premium is required.
C. If the Certificate of In6uranca does not show on its face the existence of the
coverage required by Rems I.B (1)(6), an authorized representative of the
insurance company must include a letter spec~cally stating whether items 1 .B. (1)-
(6) are included or excluded.
11.
464~3,7 v6~l~lN
eylx06A.DOC
~¥-13-2004 05:34p~ Fr~-
T-54B P 026/026 F-NO
Page 12 of 12._~
V~,~H=I Pilot N~won~ SOW In~.
5-10-O4 ep ~ MgmL
12.
Wireless Pilot
· Research has shown that the WiFi Network has
more benefits than those identified for AMR
communications
· Potential benefits included city-wide mobile
access. Tropos Networks solely has this
functionality
· The original plan to limit the WiFi Network test to
the two proposed AMR pilot areas would not be
an appropriate test. Therefore, the proposed WiFi
Network expanded pilot area
· The scope of this proposal supports
implementation and testing activities required for
the expanded WiFi Network pilot, including AMR
and mobile applications
Scope of Pilot Expansion
Q&A
Change of Scope
Project Oversight,
Direction and Approve. I
05 04 08/04 1~04 02/,05
i '
,.. · i~t~tli~l~ll.l.lt:l,l.l~.,,l.ilU 14 h