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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 Ma¥-13-ZO04 05:$3pm From- T-548 P.OIT/O2§ F-G4D 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