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Agenda Packet City Council - 10/26/2004
CITY COUNCIL AGENDA OCTOBER 26, 2004 Corpus Christi AII-AmedcaCity 11:45 A.M. - Proclamation declaring October, 2004 as 'National Disability Employment Awareness Month' Proclamation declaring November 6, 2004 as 'Arbor Day" Invitation to attend the Dan Whitworth Memodal Park Dedication on Saturday, November 13, 2004 at 11:00 a.m. at the park located on the comer of Airline and St_ Plus Drive. Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 26, 2004 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your pmsentatien will be limited to three minutes. If you have a petition or other inforrnatJon pertaining lo your subject, please present it to the City Secretary. Si Usied desea dlrtgirse al Concilie y cree que su Ingl&s es limitado, habr~ un int~rprete ingl~s-espat~ol en tedas las Juntas del Concilio para ayudarte. Persons with disabirrdes who plan to attend this meeb'ng and who may need auxiliary aids or services am requested to contact the Cib/ Secrata~s office (at 361--880-3105) at least 48 hours in advance so that appropdete arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Willie Davila, Church of Reconciliation. 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 Pm Tern Jesse Noyola Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ Agenda Regular Council Meeting October26.2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Reft' Lo le~ at ~e end of Ihe agenda summa-/) E. MINUTES: Approval of Joint Meeting on October 12, 2004 and Regular Meeting of October 19, 2004. (Attachment # 1) F. BOARDS & COMMI'I-rEE APPOINTMENTS; (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are 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 rather than a h/vo reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any mcensidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or adrninistrative nature. The Council has been furnished with background and support material 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 after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all mo~ions, resotut~n$ and o~linance$ not removed for Individual consideration) Resolution authorizing the City Manager Or his designee to accept a grant from the Federal Emergency Management Agency (FEMA) in the amount of $400,000 that will provide funding for capability assessment and sustainment of the Metropolitan Medical Response System with a term extending through March 31,2006. (Attachment # 2) Agenda Regular Council Meeting October 26, 2004 Page 3 Ordinance appropriating $400,000 from the Federal Emergency Management Agency (FEMA) in the No. 1062 Fire Grants Fund to fund the capability assessment and sustainment identified in the Metropolitan Medical Response System grant with FEMA. (Attachment # 2) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. (Attachment #3) Ordinance appropriating a grant in the amount of $15,142 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. (Attachment # 3) Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Urban Engineering, lnc., of Corpus Chdsti, Texas in the amount of $70,000 for a total restated fee of $94,550 for the St. Andrews Park/LaCosta Box Culvert Improvements. (Attachment # 4) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $91,700 for a restated fee of $114,210 for the Leopa rd Roadside Safety Improvements. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Alan Plummer Associates, Inc. of Fort Worth, Texas in the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion for an Engineering Study and Stage One Report. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the Seawall Contract B-2B with Gunther- Nash, Inc. of St. Louis, Missoud in an amount not to exceed $120,000 for Port Avenue Concrete Repairs. (Attachment # 7) CI'FY COUNCIL PRIORITY ISSUES (Refe~ ~ legend at Ule end c~ U~e a~enda summary) Agenda RegularCoundl Meeting October26,2004 Page 4 Motion authorizing the City Manager or his designee to execute a Computer Software Contract with EMA, Inc., of Tucson, Adzona in the amount of ?.~.0,000 for the Computerized Maintenance Management System. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the amount of $50,232.60. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. (Attachment # 9) PRESENTATIONS: Public comment will not be solicited on Presentation items. 10. Presentation by Gretchen Arnold on the success of the 2004 "Conquer the Coast" bicycle ride_ (Attachment # 10) J. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 0904-06. Klm Cox, Trustee: A change of zoning from an "A-l" Apartment House District to a "B-A" General Business District. The property is on 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Waldron and Graham Roads. (Attachment # 11) Planning Commission and Staff's Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Klm Cox by changing the zoning map in reference to 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No. 2003039114 and being a porlJon of Lots 13 and 14, Section 55, Flour Bluff and CITY COUNCIL PRIORITY ISSUES (Reft' I~ legend al Ihe end o~ Ihe agenda samrnary) Agenda Regular Coun~l Meeting October26,2004 Page 5 12. 13.a. Encinal Farm and Garden Tracts, from "A-l" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0904-07, Edc Zarghouni: A change of zoning from a "R- 1B' One-family Dwelling Distdct to a "B-1" Neighborhood Business Disbict. The property is located in Yarbrough Addition, Lots 2 and 3, and located along Aidine Road and 600 feet south of Holly Road. (Attachment # 12) Plannincl Commission and Staff's Recommendation: Approval of the °B-I' Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Eric Zarghouni by changing the zoning map in reference to Yarbrough Addition, Lots 2 and 3, from IR-1 B" One family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0904-09, Robert L. and Dahlia Schulte and E. Stanton Shoemaker. Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Drive and 100 feet north of AJ(a Plaza Street (currently zoned "R-lA" One-family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home) by granting a renewal of the Specific Use Permit for a Bed and Breakfast Home; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. (Attachment # 13) Plannin(] Commission and~aff's~Rocommendation: Renewal Permit for Bed and Breakfast Home. Denial of ORDINANCE Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a_k.a. Alta Vista on Cl'Pt' COUNCIL PRIORI'FY ISSUES agenda summa~) Agenda Regular Council Meeting October 26, 2004 Page 6 CITY COUNCIL PRIORI'I'Y ISSUES (Re~' ~ legend aL the end ~ the agenda sammary) 13.b. 14. the Bay along Ocean Drive, approximately 200 feet south of Hewit Ddve and 100 feet north of AJta Plaza Street (currently zoned "R- lA" One-family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home) by granting a renewal of the Specific Use Permit for a Bed and Breakfast Home; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0904-10. Robert L, and Dahlia Schulte and E, Stanton Shoemaker:. Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Ddve, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street, from "R-lA" One-family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home with Special Events; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. (Attachment # 13) Plannin(3 Commission and Staffs Recommendation: Denial of the request for a Bed and Breakfast Home with Special Events. ORDINANCE Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Ddve, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street, from "R-lA' One- family Dwelling District with a Specific Use Pen'nit for a Bed and Breakfast Home with Special Events; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. SPECIAL CONSIDERATION ITEM: (To bo censldc~d at 1:00 p.m.) Consideration of an appeal by NuPAC, Inc. from the Corpus Christi Cable Communications Commission's decision to decertify NuPAC, Inc. as the Channel 10 Public Access User Group. (Attachment # 14) Agenda Regular Council Meeting O~ober26,2004 Page 7 L. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 15. Ordinance amending Code of Ordinances, City of Corpus Chdsfi, Chapter 55, regarding rules and procedures for public access cablecasfing. (Attachment # 15) PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-FERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC_ (A recording is made of~he meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other InforrnaEon pertaining to your subject, please present it to the City Secretary.) SI usted se dirlge a la junta y cree que su ingk~s es limitado, habr~ un inf~rprete ingl~$-espaf~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go Into executive session at any time during the meeting in order to discuss any matters listed on ~he agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemmen! 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. CITY COUNCIL PRIORI'FY ISSUES a~enda summary) Agenda Regular Council Meeting O~ober26,2004 Page 8 16. O= Executive session under Texas Government Code Section 551.071 regarding Channel Investments, Ltd. vs. City of Corpus Christi, Cause No. 04-1975-G, in the 319~ Judicial District Court, Nueces County, Texas, 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 o~her brief discussions regarcling city-related rnatters. 17. CITY MANAGER'S REPORT 18. 19. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT; This agenda was posted on the Cily's official bulletin board at the fro~t entrance to City Hall, 1201 Leopard SI]'eet. at 2:15_~. 2004. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Re,er ~ legend at the e=~d or the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www~.. ¢l~][~i~.c-o~'affet 7:.'00-p.rh. oh the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Intemet by Monday morning. Symbols used to highlight action Item that implement council priority Issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND THE PORT OF CORPUS CHRISTI AUTHORITY COMMISSION October 12, 2004 - 1:25 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr_ Mayor Pro Tern Jesse Noyola Brent Chesney Javier Colmenero Melody Cooper Hem-y Garrett Bill Kelly Rex A. Kinnison Mark Scott PORT COMMISSION AND STAFF Ruben Bonilla, Chairman Bernard Paulson Robert Gonzalez Mike Carrell Judy Hawley John LaRue, Executive Director Robert "Jake' Jacobi, Deputy Director Frank Brogan, Director of Engineering Services City StaffPresent City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Annando Chapa Mayor Neal called the meeting to order in the Sixth Floor Conference Room at City Hall. City Secretary Chapa announced that a quorum of the Council was present to conduct the meeting and the meeting was properly posted. Mayor Neal welcomed the Port Board of Directors and staff. Chairman Bonilla introduced Mr. Frank Brogan, Director of Engineering for the Port, to update the Council on a number of major port projects. Mr. Brogan reported on the Joe Fulton International Trade Corridor project. He said the $55 million project would provide improved road and rail access to facilities on the north side of the inner harbor. The proposed project would result in a two-lane road with one continuous left turn lane. In addition, he said a substantial portion of land would be developed between the Tule Lift Bridge and Viola Turning Basin_ He said the project was a national high priority, and was included in the IMPO regional plan. The corridor was also included in the National Highway System (NHS). Mr. Brogan stated the total cost of the Fulton Corridor project was $55 million, 54 percent of which would be funded by the Port of Corpus Christi. The remaining funding would be obtained through various federal, state, and local sources. Mr. Kelly asked if the port was planning to close the Tute Lake Lift Bridge, a city-owned bridge, as part of the Fulton Corridor project. Mr. LaRue replied atTn'matively, saying the plan was to close the bridge in 2008 and take it out of service. Mr. Kelly asked if the port had informed the neighborhood about these plans, because he felt this decision would be controversial. Mr. LaRue Minutes - Joint Council Meeting October 12, 2004 - Page 2 replied the plan was to reroute traffic to the intersection of Carbon Plant Road and 1-37 to provide alternate access. Mr_ Kelly reiterated this decision would be controversial to the neighborhood, and said their concerns needed to be addressed. Mr. Brogan reported on the Channel Improvement Project. He said one of the biggest advantages of the Port of Corpus Christi was its proximity to deep water, more than any other port on the Gulf of Mexico, which reduced the length of the channel. He said the plan was to deepen the channel fi-om -45 feet MLT to -52 feet MLT and to widen the channel fi.om 400 feet to 530 feet. The main benefits to the channel improvements were to allow larger ships to pass through it; to increase safety by better separating traffic with new barge shelves; and to reduce channel congestion by creating two lanes of traffic. The total cost of the project was approximately $200 million. Mr. Brogan reported on a number of port security improvements. The Port of Corpus Christi had been awarded $15,900,778 in grant funding for a total of $19,270,239 in improvements. He listed the grants as follows: Grant 1 - Strategic Docks ($2.2 million); Grant 2 - Ha?ardous Docks - $3.89 million; Grant 2 - La Quinta ($283,406); Grant 3 - Harbor Island ($1.24 million); Grant 3 - Access Control - $2 million); Grant 4 - Hazardous Docks ($2.12 million); VI'IS ($3.6 million); and Texas Homeland Security ($500,000)_ Mr. Brogan described a number of improvements to the Port Security C~nter. The center would be processing new port identification cards, which would be color-coded based on access and security levels. The port security center watch room was equipped with a 3-D Graphical Users Interface, which allowed security to zoom into any particular area of the port and spin 360 degrees around it. In addition, he said high mast lighting, security fencing, and infra-red cameras were installed. Mr. Brogan discussed the progress on the Vessel Traffic Information System (VTIS). He said for the last 70 years, the port primarily communicated with vessels on a ringband radio or by sight. The new system would provide the following services: identify vessel particulars; track location of vessels; improve safety and efficiency of vessel movements; and provide important information to Coast Guard and Port for security purposes. Mr. Brogan said the project would be funded with $3_6 million in federal funds, and was anticipated to be operational in Spring 2005. Mr. Brogan reported on the new water taxi landing on the east side of the Ortiz Center, scheduled for completion in July 2005. He said the new site would provide citizens with another parking option. Mr. Brogan discussed the baseball stadium parking lot plan. He said the Port Board of Directors approved a $3.1 million con~act to build more parking spaces. The plan included adding 2,200 parking spaces south of the baseball stadium and on the west side. He said the additional parking would also help the Ortiz Center, which was experiencing a dramatic reduction in parking spaces due to the Harbor Bridge project_ Minutes - Joint Council Meeting October 12, 2004 - Page 3 Mr. Brogan reported on the Harbor Bridge Replacement project. He said the bridge was put into service on October 23, 1959. The current bridge had 138 feet of clearance, while most current bridges had between 175 to 185 feet of clearance. The recommended height for the new bridge would provide 200 feet of clearance. The new bridge would be located approximately 3,000 feet west of the existing bridge, and would start at the Crosstown/l-37 interchange, continue north, and line up almost perfectly with Hwy. 181 going across Nneces Bay. The benefit to moving the bridge over was that it nearly doubled the amount of land available for development in the downtown area. In addition, he said a six-lane parkway could be created on 1-37 to provide access to the baseball stadium and arena areas. Finally, he said the project was scheduled for completion between 2015 to 2020. Mr. Brogan reported on the Tule Lake Lift Bridge project. He said the bridge cost approximately $1 million to maintain, and the Port was taking out a $1.5 million emergency contract to replace an inoperable portion. He said the bridge presented a number of vertical limitations for the Port, and was also a choke point in traffic. Mr. Brogan reported on the La Quinta Trade Gateway project. He said the project would provide the following elements: modem container terminal; good highway and rail connections; increasing container traffic; and save transportation costs. He said the Port was working with a number of proposed customers and looking at a number of financing options. The gateway presented a lxemendous opportunity to take advantage of the container traffic going to Houston on Hwy. 181. Mr. Kelly asked if the Port had received any definite commitments. Mr. Robert Jacobi, deputy director of the port, replied negatively, but said the port was visiting a number of large shippers such as Home Depot to inform them about the future development. Mr_ Brogan discussed the Veracruz cruise ferry project. He said the Port Board of Directors signed a Letter of Intent with the operator of this project. The plan was to operate the ferry out of the Ortiz Center with one to two trips planned per week fi.om Corpus Chriati, TX to Veracruz, Mexico. The maximum passenger capacity was 1,000 passengers per nip. Mr. Jacobi emphasized the cruise ferry was a ferry boat, not a cruise ship, with cruise-like amenities, such as entertainment, casinos, bars and restaurants. He said the irip would take approximately 30 hours_ The economic impact of the cruise ferry operation could be up to $6 to $7 million per year. Th~s number could rise to $10 to $15 million when it included the impact of Mexican visitors, potentially staying in the city for two to three days. In response to Mr. ScoWs question, Mr. Jacobi said the cost for a roundtrip ticket would be approximately $350, plus $50 to $60 for food. By contrast, the average airfare cost was approximately $800. Mr. Brogan reported on the proposed LNG (liquid natural gas) terminal sites project_ He said the project would consist of offshore LNG fabrication yards and onshore receiving terminals. Regarding the LNG onshore terminal at LaQuinta Channel, he said South Texas was particularly well-suited for this type of development for a number of reasons. First, he said there was a dwindling supply of domestic gas in the area_ There was already a large natural gas pipeline network in place, however, fi.om when the South Texas used to send domestic gas to the central and Minutes - Joint Council Meeting October 12, 2004 - Page 4 northeastern United States. The LNG project could fill those pipelines with natural gas to send to these areas. Second, the industrial plants in the area use a large amount of natural gas, so they will be major consumers for the product. Third, the industrial plants in the area generate waste heat as part of their manufacturing process_ They currently use water cooling towers to cool down their plants. By contrast, the LNG plants generate waste cold which they could transfer to the industrial plants to cool down their plants. This would result in substantial savings in water use and conservation for the plants. Regarding the offshore terminal construction at Harbor Island, Mr. Brogan reported these artificial islands wer complex construction jobs costing $1 billion each. In conclusion, he said the Port considered the LNG facilities a ~emendous opportunity to stabilize gas prices in the area and to serve as a major revenue source. Finally, Mr_ Brogan provided an update on military cargo going through the Port from January 22, 2003 through September 2004. He said 53 ships had been loaded and unloaded, and 33,216 pieces of equipment had been handled using 7,693 railcars and 2,947 txucks. He said the Port of Corpus Christi handled the most military ships of any U_S_ port, and they expect eight more ships by the end of 2004. Commissioner Paulson asked about the city's transportation plan for the area. Mr. Noe replied the city actually had two plans in place, one to cover the period before the baseball stadium opened, and the period after it opened. Before the stadium opened, he said the plan was to offer shuttle service and area parking at no charge to allow citizens to become familiar with the services. After the stadium opened, however, the shuttle service and area parking would require a fee for service. Mr_ LaRue added the Port would not offer fi-ee parking either. Mr. LaRue updated the Council on improvements to the military cargo effort. He said the Port needed funds to improve their unloading equipment. The Port had applied for a state grant to provide an additional $4.5 million in funding toward the effort. Commissioner Hawley stated the city needed to improve their rail construction as well_ She asked the Council to lobby the state to provide more funding for this effort. Mayor Neal added the South Texas Military Task Force had made an official request to Governor Perry to approve the additional funding. Commissioner Hawley also asked the Council to attend the Transportation Corridor Environmental Study hearing scheduled fi-om 5:00 p.m. to 8:00 p.m. on Tuesday, October 19. She said gan Patricio County and Nueces County were not included in the study, and she asked the Council to advocate for their inclusion. Mayor Neal thanked the Port of Corpus Christi Board of Directors and staff for attending the meeting today_ He said the city needed to work closely with the Port during the BRAC process to emphasize the importance of the LNG facilities to the strategic importance of the area. There being no further business, Mayor Neal adjourned the meeting at 2:25 p_m_ on October 12, 2004. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott ABSENT City Secretary Armando Chapa MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 19, 2004 - 10:04 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer Asst. City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall_ The invocation was delivered by Reverend Charles R_ GraffofSt. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Assistant City Secretary Juarez 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 October 12, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-15)_ Assistant Cay Secretary Juarez announced that Mr. Noyola would be abstaining fiom the vote and discussion on Item 13. Mr. Bill Kopeck'y, 3609 Topeka, requested that Item 6 be discussed. A motion was made and passed to approve Items 2 through 15, constituting the consent agenda, except for Item 6, wlxich was pulled for individual consideration. Assistant City Secretary Juaxez polled the Council for their votes as follows: Minutes - Regular Council Meeting October 19, 2004 - Page 2 2.a MOTION NO. 2004-383 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI-0012-05, based on low bid for an estimated six month expenditure of $939,930.80. The terms of the contracts will be for six months with options to extend for up to nine additional six- month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Depzahnents in FY 2004-2005. Alt~via Houston. Texas Liquid Chlonne $240,300 DPC Industries Corpus Christi, Texas Liquid Caustic Soda $439,180_90 Sodium Hypochlorite Solution $260,449.90 Total: $939,930.80 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 2.b. MOTION NO_ 2004-384 Motion approving a supply agreement with Carus Chemical Co., Peru, Illinois, for potassium permanganate in accordance with Bid Invitation No. BI-0012-05, based on low bid for an estimated annual expenditure of $347,287.50. The term of the contract will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. Grand Total (a) & (b): $1,287,21830 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott. voting "Aye"_ RESOLUTION NO, 025990 Resolution authorizing the City Manager or his designee to submit a Grant Application in the amount of $22,000 to the Texas Department of Public Safety, Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, for public awareness brochures, production and broadcast of infomercials, and to conduct emergency response drills, with a City match of $4,400. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting October 19, 2004 - Page 3 4.a. MOTION NO. 2004-385 Motion authorizing the City Manager or his designee to accept a grant in the amount of $57,855 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.b. ORDINANCE NO. 025991 Ordinance appropriating $57,855 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for continuation funding available under the Violence Against Women Act (VAWA) Fund. 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". 5.a. MOTION NO, 2004-386 Motion authorizing the City Manager or his designee to accept a two-year grant in the amount of $207,080.92 from the United States Department of Justice, United States Attorney's Office, Southern District of Texas, for a Project Safe Neighborhoods Grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.b. ORDINANCE NO, 025992 Ordinance appropriating a grant in the amount of $207,080_92 fi'om the United States Department of Justice, United States Attorney's Office, Southern District of Texas for a Project Safe Neighborhoods Grant in the No_ 1061 Police Grants Fund. 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"_ Minutes - Regular Council Meeting October 19, 2004 - Page 4 7. MOTION NO. 2004-388 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Martinez, Guy & Maybilc, Inc. of Corpus Christi, Texas in the amount of $67,800 for a total restated fee of $92,760 for Minor Storm Drainage Improvements at the following locations: Westview Drive Drainage Improvements, Princess at Cardinal Drainage Improvements, Wood River and River Canyon Area Drainage Improvements, Jester/Turtle Cove Park Drainage Improvements, and Glenoak/Flour BluffDrive Drainage Improvements, Phase 1 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. RESOLUTION NO. 025993 Resolution recogu~zing the public necessity of acquiring fee simple title to a tract of land containing 1,693_ 14 square feet out of Lot 20, Block 1, Guth Parkside Addition, known as Parcel 1, from the owner Jim Srp, Jr., for the construction of sa'eet improvements in connection with the Rand Morgan Road (Leopard to Interstate Highway 37) Street Improvement Project (#6241) and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the land_ The foregoing resolution was passed and approved with the following vote: Neat, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. RESOLUTION NO. 025994 Resolution authorizing the Mayor orthe Mayor's designee to execute an amendment to the lnterlocal Cooperation Agreement with Nueces County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"_ 10_a_ MOTION NO. 2004-389 Motion approving the reimbursement application submitted by King's Crossing Realty, Ltd., owner and developer of King's Crossing Unit 14A Subdivision located south of Yorktown Boulevard west of Cimarron Boulevard for the installation of 1,807 linear feet ora 12-inch PVC water grid main. 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 October 19, 2004 - Page 5 10.b. ORDINANCE NO. 025995 11. 12. 13. Ordinance appropriating $53,845_68 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-21805-540450 to pay developer reimbursement request for the installation of 1,807 linear feet of a 12-inch PVC water grid main to develop King's Crossing Unit 14A Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-390 Motion authorizing the City Manager to execute a Deferment Agreement with South Texas Hotels, L.L.P., in the amount of $82,169 for Public Improvements including an off-site 8- inch public wastewater line and an 8-inch PVC water distribution main improvements to Padre Island Number One, Block 35, Lot 30A in accordance with the Platting Ordinance Section V - Required Improvements, Subsection A.3.b). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025996 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with South Texas Hotels, L.L.P., owner and developer of Padre Island Number One, Block 35, Lot 30A for the construction of an 84nch, overdepth sanitary sewer collection line along Sand Dollar Avenue, Gaviota Drive and Octal Drive, in accordance with the Platting Ordinance, not to exceed $56,908 for the City's share of costs of the improvements. 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". FIRST READING ORDINANCE Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of speed zones and establislfing lransition speed zones in the inbound and outbound directions of International Drive between the existing 45 miles per hour speed zones near State Highway 44 and the existing slower speed zones of 15 and 20 miles per hour near the parking lots and the terminal; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Coope% Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting October 19, 2004 -Page 6 14_ ORDINANCE NO. 025997 Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with Corpus Christi Softball Association ("Lessee") for use of City propen'y (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. (First Reading 9/21/04) 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"_ 15. ORDINANCE NO. 025998 Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with South Texas Youth Football League, Inc. ("Lessee") for use of City property (Bill Witt Park) for Lessee's Pop Warner Football program and in consideration of Lessee maintaining the premises and improvements. (First Reading 9/21/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrea, Kelly, Kirmison, Noyola and Scott, voting "Aye"_ Mayor Neal opened discussion on Item 6 regarding the Ga.rwood Pipeline project~. Mr_ Bill Kopecky, 3609 Topeka, asked if the city had considered the effect stream loss or evaporation loss would have on the 35,000-acre feet of Garwood water the city had purchased. If an open channel method was used for transport, a considerable amount of water could be lost to evaporation. City Manager Noe replied the city was looking into the impact of each of the different methods of transport for this reason. Mayor Neal added that one of the options being considered was an open channel, and the city had raised this very concern with the LCRA. Assistant City Secretary Juarez polled the Council for their votes as follows: 6. MOTION NO. 2004-387 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an mount not to exceed $285,490 for Garwood Water Supply Pipeline Routing Plan, Phase 2 services. 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 referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting October 19, 2004 - Page 7 Case No. 0904-01, Mostaghasi Investment Trusts: A change ofzoning from a"R- lB" One- family Dwelling District to a "B-I" Neighborhood Business Dis~ct and "R-2" Multiple Dwelling District. The property is 5 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 10, Lots 12 and 13, located along the north side of Yorktown Road and 1,000 feet east of South Staples Slxeet. Assistant City Secretary Juarez said the Planning Commission recommended the approval of the "R-2" Multiple Dwelling District on Tract 1, and denial of the "B-1" District on Tract 2, and in lieu thereof, approval of a "B-lA" Neighborhood Business District_ Staff recommended the approval of the "B-I" Neighborhood Business District and "R-2" Multiple Dwelling District. Ms. Juarez stated the ordinance for this item reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning explained the applicant was requesting a change in zoning on Tract 1 to "R-2" Multiple Dwelling District for development of an apartment complex, and change in zoning on Tract 2 to a "B- 1" Neighborhood Business District. He said during the Planning Commission meeting, there was some neighborhood opposition to the "B-I" zoning request. In response, the Planning Commission recommended the denial of the "B-I" zoning, and in lieu thereof, approval of a "B-lA" district on Tract 2 for the retail center. He said the Planning Commission preferred the "B- 1A" district because it would require larger setbacks and additional landscaping requirements since the property abuts a future or existing residential area. Mr. Gunning said staffwas also recommending the "B-lA" zoning, and the applicant also concurred with the "B-lA" district zoning_ No one appeared in opposition to the zoning change_ A motion was made, seconded, and passed to close the public hearing. In response to Mr. Scott's question, Mr. Gunning stated the "B- lA" district had stricter sign requirements as well. He added that furore development along the frontage of Yorktown Road would probably be recommended for "B- 1 A" zoning. Ms. Juarez polled the Council for their votes as follows: 16. ORDINANCE NO. 025999 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trusts by changing the zoning map in reference to five (5) acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 10, Lots 12 and 13, from "R-lB' One-family Dwelling District to Tract 1 - "R-2' Multiple Dwelling District and Tract 2 - "B-lA" Neighborhood Business 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting October 19, 2004 - Page 8 Case No. 0904-02, Kyle S, Williams: A change of zoning from a "R-lB' One-family Dwelling District to a "B-3" Business District. The property is on five (5) acres out of southwest corner of Survey No. 416, Abstract 838 and southwest comer of a 100-acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. Assistant City Secretary Juarez stated the Planning Commission and staffrecommended the denial of the "B-3" Business District, and in lieu thereof, approval ofa "B-1" District with a Special Permit for a mini-storage facility subject to five (5) conditions. Mr. Mike Winslow stated he owned a home next door to the subject property. He said he liked the area because it was secluded and quiet, and he objected to any business development because it would harm his property values. Mr. Gunning stated the 20 percent rule was in effect for this case because 65 percent of the landowners owning property within 200 feet objected to the zoning change, including the owners of the "I-2" Light Industrial Tract south of the subject property. He said the "I-2" property owners stated their intention was to develop the property as a future residential/mixed use development. In addition, a church in the area objected to the "B-3" district because it would allow bars, nightclubs, and other uses that would be detrimental to future residential development. Thus, Mr. Gunning reported the Planning Commission recommended the denial of the "B-3" district and in lieu thereof, the approval of the "B-I" Neighborhood District with a special permit to allow the mini-storage facility. Mayor Neal asked if the apphcant intended to fill the entire lot with this facility_ Mr. Gunning replied the applicant had indicated that only a portion of the property would be used for the mini-storage facility, but noted the applicant had not submitted a site plan yet. He said the applicant was waiting to see if the commission and the Council supported the mini-storage development before contracting for a site plan. Mr. Victor Gutierrez with Cohym, Rehm, & Gutierrez Engineers, spoke on behalf of the applicant_ He said his client concurred with the Planning Co..-,,ission's recommendation ora "B-1" zoning distr/ct for his development He remarked the subject propemy was a long, rectangular- shaped tract which was not conducive to residential development. In addition, he said the proposed development would provide a buffer between the residential development and the "1-2" district to the south which could introduce more intrusive types of development. He said the applicant believed the proposed mini-storage facility was an ideal use for the property which would not be detract from the neighborhood. Mr. Daniel Davis spoke on behalf of Anderson Oil, Limited, which owned the 500 acres south of the subject property. Mr. Davis stated his client has foreseen using this txact for residential development, and thus was concerned about any zoning change detrimental to residential areas. He said his client would prefer the zoning for the subject property to remain the same, but if the Council allowed the mini-storage use, it would be acceptable_ Mr_ Kelly asked what effect the proposed development would have on the drainage in the Minutes - Regular Council Meeting October 19, 2004 - Page 9 area. Mr. Gunning replied an area along the east side of Rand Morgan was a drainage con-idor_ He said the applicant's engineers will have to develop a drainage plan that meets city standards as well as the storm water quality management plan before their plat can be accepted. Mr. Kelly asked how the property naturally drained now. Assistant Director of Development Services Mary Frances Teniente replied it probably drained southeast toward a Clarkwood ditch on the south side of the McNorton subdivision. Depending on how the property was developed, she said a conveyance may need to be extended from the subject property to the main channel. In addition, the city would need to review the existing capacity of the McNorton to increase it if needed_ Mr. Kelly asked if the city had an easement to extend the ditch to the neighboring property_ Ms_ Teniente replied negatively, saying the developer would have to acquire the property necessary for the conveyance. Mr. Scott asked if there was a screening requirement for the applicant's proposed development. Mr. Gunning replied all outside storage must be screened fi.om view of public fights- of-ways and adjacent properties. He said the solid wood screening fence was required to be a minimum of 6-feet high on the north and east property lines_ Mr. Scott found it unusual that the applicant had not submitted a site plan despite the fact there were several drainage issues to address on the property_ He asked ifa mini-storage facility was considered a traditional neighborhood use_ Mr. Gunning answered negatively, but noted if they were designed well, they could become a good use for residential areas. Mr. Kelly stated it was unrealistic to expect the Rand Morgan area to remain rural forever. He asked if the applicant was interested in speaking with his neighbors to see if they could come to an agreement. Mr. Glen Kost, a resident of the Rand Morgan area, asked if the proposed zoaing change would allow for the development of sexually oriented businesses. Mr. Kelly answered negatively. Mr_ Victor Gutierrez, speaking on behalf of the applicant; stated the applicant was interested in being a good neighbor. He asked the Council to table the case for two weeks to allow the applicant to discuss the matter with the neighborhood_ He reiterated that a well-landscaped mini- storage would provide a good buffer if the southern property was developed for an "I-2" use. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Kelly made a motion to table this item until the November 9 meeting, seconded by Mr. Scott, and passed. The motion can'/ed. 17_ TABLED UNTIL NOVEMBER 9. 2004 Am,..dh.g thc Z,,.ing O. dinancc, ,~on application by Kylc S. Willi~.,~, by changhlg thc ~,ning ,.ap in ,~f~,~.~e to five (5) a~,~s out of the southwest COllie, of Su~ coy No. 416, Ab~h,~,.t 838 a~ad southwest co,,,,., of a I00 o,.,~ t, ~,.t,..~o, ded in Volu.,e 314, Page 531 Volu.~ 321, Page 349 of the Deed Reco, ds of Nueccs County, Texas, (c~,,..tly Lum. d "R- lB" Oa¢-f,~filyDwelling Di~hi,.t) by ~tiag a Special Ih:.Mt for a .fini-sto.~gc usc sn~bjcd to riva (5) co~,ditlo.~s, ~l.~nding the Comp, chc.,ive PI,u, to accou, d fo. aay &viatio,~ rio,. the existing Co,.~e.~h~.~ive Plan. Minutes - Regular Council Meeting October 19, 2004 - Page 10 Mayor Neal referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-03, CMS Construction Services. LLC: A change ofzoning fi'om a "R- lB" One-family Dwelling District to an "AT" Apartment Tourist District. The property is in Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18, located west of Leeward Drive, east of Amba Drive, and south of Running Light Drive. Assistant City Secretary Juarez said the Planning Commission and staffrecommended the approval of an "AT" Apartment Tourist District. No one spoke in opposition to the zoning change_ Mr. Colmenero made a motion to close the public heating, seconded by Mr. Chesney, and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 18. ORDINANCE NO, 026000 Amending the Zoning Ordinance, upon application by CMS Construction Services by changing the zoning map in reference to Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18, fi.om "R-lB" One-family Dwelling District to "AT'' Aparhnent Tourist 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-05, The Coves at Lago Vista: A change of zoning fi'om a "F-R" Farm-Rural District and "RE" Residential Estate District to a "RAt" One-family Dwelling District_ The property is on 130.52 acres out of Laureles Farm Tracts, Section 31 and 32, located south of Farm to Market Road 2444 and east of King Trail. Assistant City Secretary Juarez said the Planning Commission and staffrecornmended the denial of"RA" one-family Dwelling District, and in lieu thereof, approval of a Special Permit for half acre single-family residential lots subject to 21 conditions. Mayor Neal questioned the unusually large number of conditions (21) on the special permit. Mr. Gunning replied staff was working with extraordinary issues raised by the neighborhood association, King Estates. In addition, staffwas trying to accommodate what they considered the reasonable development scenario proposed by the developer. Mr. Gunning highlighted the key points in the case. He said the applicant had requested a change in zoning to a "RA" One-family Dwelling District to allow for the development of a residential subdivision with half-acre minimum lots. The existing "RE" District required a minimum Minutes - Regular Council Meeting October 19, 2004 - Page 11 lot area of one acre, while the "RA" Disa'ict allowed a minimum lot area of 15,000 square feet. He said due to the absence of city wastewater in the area, a private septic system will be required for each lot. Unfortunately, a minimum lot area ora half-acre for septic systems in an "RA" Dis~ct is required by state law and by the city platting ordinance. Thus, the Planning Commission recommended the denial of the "RA' District and in lieu thereof, the approval of a Special Permit on Tracts 1 and 2 w~th 21 conditions. The 21 conditions essentially put in place all the requirements normally needed under "RE" District standards. Mr_ Scott was concerned that this area did not have a wastewater system. City Manager Noe replied the city had plans to improve wastewater service to the areas north of Oso Bay. If the city included the areas south of the Oso, like the subject property, it would overload a number of facilities that were akeady planned for an upgrade. He said it was a difficult situation. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 19. ORDINANCE NO. 026001 Amending the Zoning Ordinance, upon application by the Coves at Lago Vista by changing the zoning map in reference to 130.52 acres out of Laureles Farm Tracts, Section 31 and 32, (currently zoned "F-R" Farm Rural District) by granting a Special Permit for half-acre single-family residential lots subject to twenty-one (21) conditions; 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, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett voting '~qo"; Cooper was absent. Mayor Neal referred to the presentations on the day's agenda. The tn'st presentation was Item 20, a plan by Mr. Michael Manjarris to locate a sculpture garden in the Watergarden area. Mr. Manjams reported the Park and Recreation Advisory Committee approved the sculpture garden concept at their August 11, 2004 regular meeting. Mr. Manjarris provided an overview of the sculpture garden plan to facilitate and enhance the Watergarden area with sculpture in a park-like amaosphere. He displayed a number of photographs ora model of the sculpture garden from three different viewpoints. A sculpture by artist Mark Di Suvero would be sited near the entrance of the Art Museum of South Texas. He said Mr_ Di Suvero had provided the sculpture, valued at $2 million, on loan to the Art Museum of South Texas. Mr. Manjams displayed photos of the Dallas Museum of Art's sculpture garden, known as the Nasher Sculpture Garden and Collection Building. He said the Nasher Sculpture Garden was a $370 million enterprise, while his proposal would provide the same caliber exhibition for $500,000. He said this was achievable because $30 million in infras~xucture was already in place, Minutes - Regular Council Meeting October 19, 2004 - Page 12 and the world--class artists involved had provided their sculptures on loan. Mr. Manjarris showed photos of the selected works by the artists who had agreed to display their works in the sculpture garden as follows: Mr. Joel Shapiro; Mr_ Mci Chin; Mr. Mark Di Suvero; and Mr. Richard Serra. He briefly desca-ibed the background and professional experience of each artist. Mr. Chesney thanked Mr. Manjarris for his efforts to develop this concept_ Mr. Manjams expressed an interest in having the sculpture garden concept integrated with the other improvement efforts taking place on the bayfi'ont. He asked that he be included in the dialogue because this project could be an additional attraction to the area. Mr. Noe stated Mr. Manjarris was seeking Council approval of the sculpture garden concept. Mayor Neal spoke in support of the sculpture garden as a general concept. Mr. Colmenero asked how long the artists had agreed to loan their works_ Mr. Manjams replied the loan period was approximately 5 to 10 years, with the exception of the Di Suvero piece. Mr. Di Suvero had asked for a year-to-year loan period, but he noted the Art Museum of South Texas was actively working with a foundation to purchase the piece. Mr_ Scott mentioned he had seen two Mark Di Suvero pieces in the Washington D.C_ sculpture garden. He was impressed with the way the sculpture garden served as a gathering place for the public. He spoke in support of the sculpture garden concept, and thanked Mr. Manjarris for his efforts. The next presentation was Item 21, a fourth quarter FY 2003-04 budget/performance report given by Assistant City Manager of Support Services Oscar Martinez. Mr. Martinez noted the information included in the report was preliminary_ He said the final audit report for FY 2003-04 was due in November. Mr. Martinez stated the report primarily focused on the 23 operating funds managed by the City of Corpus Clxristi. He said if one was to look at all the operating funds as a whole, the revenues exceeded the expenditures by approximately $5.4 million. Mr_ Martinez reviewed the year-to-date FY 2003-04 general fund revenues. He said the total current revenues were going to exceed total expenditures by $2.8 million. He noted the fi'anchise fee revenues were approximately $200,000 less than budgeted due to a reduction in lines by the telecommunication companies. The Other Revenue category, comprised of permits, licenses, and other miscellaneous activities, was slightly below projected revenues. He said the decrease was due to a decrease in the utilization of Latchkey services in the Park and Recreation Department, and latchkey expenditures were adjusted accordingly. Mr_ Martinez discussed the year-to-date FY 2003-04 general fund expenditures. He noted most of the activities in the general fund were within budget with a few variations. He said street and solid waste services, for example, exceeded their budget by one percent due to overtime pay, temporary personnel costs, and increased fuel costs for increased landfill activity and brush Minutes - Regular Council Meeting October 19, 2004 - Page 13 collection efforts. In addition, there was a four percent overage in Development Services due to final settlement of invoices with previous electric provider for street lighting services. Finally, in the Non-Departmental category, Mr. Martinez noted expenditures came in at 67 percent ofproj ected expenditures. He said the shortage was probably due to a line item establishing a reserve for compensation and merit increases, and those expenses were probably blended into the depa, hnents where those compensation and merit increases were incurred. In summary, Mr_ Martinez said the general fund was characterized by an increase in ad valorem tax revenues of approximately $522,000 over projections, and sales tax revenues had also increased by approximately $621,000 over projections_ He said there were significant measures being taken by staffto curtail overall operating costs_ In fact, he said overall operating expenditures were approximately $2 million less than budgeted in FY 2003-04. The year end result was a preliminary net increase of $2.2 million in the unreserved fund balance. Mr. Martinez reviewed the year-to-date revenues for the enterprise funds. He pointed out that revenues for the water and gas departments were lower than expected due to the wet weather and the warm w~nter experienced last year. He noted that 2003-2004 was the first year of operation for the Development Services fund_ In addition, he said the Development Services revenues reflected a 12 pement overage estimated in the budget, due to increases ~n permitting and zoning fees because of increased residential development_ Regarding the ambulance fund, Mr. Martinez noted a one percent increase in revenues because call volume was higher than anticipated. He said revenues in the golf fund were lower than estimated in just about every revenue category because of less rounds being played. Finally, he noted the marina fund was slightly lower than projections because of the seawall construction project. Mr. Noyola expressed concern about the state of the golf fund_ He asked staff if the reinstatement of the monthly cart program had yielded any results. Director of Park and Recreation Sally Gavlik replied there had been only a modest increase in program sales. She thought the irrigation construction project at the Gabe Lozano Golf Course had also negatively affected revenues. Mr. Noyola stated the city may want to consider lowering its fees to attract more golfers, since the city was facing stiff competition from other golf courses and the condition of the city's courses were less than ideal. Mr_ Scott disagreed, saying the city should maintain the current fee structure for the next few years_ He said once the bond package passes, the city was going to revest more money into the courses to improve the quality_ He felt the market fluctuated over time, and once the city golf course improvements were made, the course fees would be more competitive. Mr. Noyola stated the Gabe Lozano Course was in worse shape than the Oso Golf Course, and he said more revenues should be expended to bring the Gabe Lozano course up to standard. City Manager Noe added there were two sides to the golf course situation - how to build play by marketing our courses, and how to maintain our courses to the highest level we can for the lowest cost. He said the answer would involve efforts on beth sides. Mr. Colmenero spoke regarding the Latchkey program, saying the city may want to consider spending more dollars for promotion to prevent loss of revenues. Ms_ Gavlik replied the Park and Recreation staffwas evaluating each of the Latchkey sites to determine the participation levels. She said staff was going out to the sites w/th lower participation levels whmh, nevertheless, expressed an interest in keeping the site open. She said staffwas attending PTA meetings, and using other forms of advertising and promotion to increase participation, with the understanding that the site Minutes - Regular Council Meeting October 19, 2004 - Page 14 could be closed with two months notice if the efforts failed. Mr. Colmenero expressed concern about closing any Latchkey sites because of the detrimental effect it may have in economically distressed areas of the city. He asked staffto enhance their efforts to increase participation. Ms. Gavlik answered staffwould look at that, and also suggested finding alternate funding to offer scholarships in economically disadvantaged areas. Mr. KJnnison mentioned a recent court case in which cable companies had won the right not to pay franchise fees for internet-related services. Although the decision was being appealed, He asked Mr. Noe to look into the potential financial impact this could have on the city_ In addition, Mr. Kinnison asked for a list of Latchkey sites that were being considered for closure. Finally, Mr. Kirmison asked when the Council could expect to see a performance report on the fa'st quarter of the FY 2004-05 budget. Acting Director of Management and Budget Debbie Marroquin reported the first quarter report for FY 2004-05 would be ready in early December. Mr. Kinnison asked staff to aim to provide the report for the December 9 Council meeting. Mr. Martinez reviewed the year-to-date expenditures for the enterprise funds. He noted the ambulance fund had exceeded the projected expenditures by four percent due to increased call activity. Mr_ Martinez provided a summary of the combined utilities, stating there were lower water sales and gas sales due to unseasonable weather. The year end result was the programmed draw down of the fund balance for gas and water. The remaining enterprise funds remained stable, however, and reflected increased fund balances with the exception of the ambulance fund. Mr_ Noe added the utihty fund balances provided adequate reserves to handle fluctuations in the budget due to unseasonable weather, preventing the need for fee increases. Mr. Martinez reviewed the year-to-date revenues in the internal servtce funds. He highlighted an increase in revenues in the stores division, but said it was offset by an increase in expenditures for warehouse sales_ In addition, he said the maintenance services fund showed a slight increase over budgeted revenues. The engineering services, however, only yielded 92 percent of projected revenues because of less engineering services being provided to other governmental agencies as well as other departments within the city. The risk management fund also shows less revenues, but this is more than likely due to less contributions by employees because of job vacancies. The good news was, however, that expenditures were lower than expected primarily because of more favorable claims experience and an improved network system. Mr_ Colmenero asked for clarification on how much money the gas department had budgeted for Operation Heat Help in the enterprise funds. It appeared they had budgeted $226 in FY 2003-04 while in FY 2002-03, they had spent $5,389. Acting Director of Management and Budget Debbie Marroquin replied the gas department did not budget as much for Operation Heat Help because staff was administering the program in-house, instead of hiring outside help as in years past. Mr. Colmenero asked for a report breaking down how much of the costs were absorbed by the depa~hnent compared with the amount invested to the community. In summary of the risk management fund issues, Mr. Martinez stated self insurance claims, workman's compensation claims, and group health self insurance claims were all lower. By contrast, insurance policy premiums were higher, but the year end result was an improved year end position Minutes - Regular Council Meeting October 19, 2004 - Page 15 compared with earlier budget estimates_ Mr_ Martinez reported on year-to-date revenues for the special revenues funds. He said hotel occupancy tax revenues were slightly lower than budgeted, but were higher than last year. In Reinvestment Zone #1, there were more revenues incurred thanks to tax receipt collection of delinquent taxes and penalties. By contrast, Reinvestment Zone #2 showed less collection of delinquent taxes and penalties, resulting in a decrease in revenues. Regarding special revenue fund expenditures, Mr. Martinez said Reinvestment Zone gl exceeded budgeted expenditures by ten percent, but noted this was the last year the fund would exist. Thus, the balance was reallocated to the general fund. He also highlighted the Business and Job Development fund, which showed a relatively low expenditure rate of 54 percent. Mayor Neal asked if the city would be able to come closer to meeting the CAFR deadline this year. Director of Finanee Cindy O'Brien answered affirmatively. Mayor Neal also thanked City Manager Noe for emphasizing the importance of reducing operating costs. 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. Sirfi.ederickwon USA King 7~, 905 Cleveland St. #4, spoke regarding the use of off duty policemen as taxi drivers at the airport to increase homeland security. Mr. Peter Torres, 302 Foster, spoke regarding speeding and heavy traffic volumes on Santa Fe Drive which he believed was occurring due to rerouted traffic avoiding the hospital zone on Alameda Street. Mr. Scott and Mr. Chesney asked for data showing the number of pedestrians crossing Alameda Street warranted the use of the hospital zone. He also asked for a list ofcitatious for speeding on Santa Fe Drive and Ocean Drive given out within the last six months during the hours of 10:00 p.m. to 6:00 a_m. He also asked if the police department had issued any citations using the new statute allowing for more stringent penalties for drag racing. Finally, he asked staff. to investigate whether the cun'ent realignment of Alameda Street in the hospital zone was safe for drivers going 35 mph_ Mr. Chesney also asked for any data showing that traffic was being diverted from Alameda Street to Santa Fe Drive to avoid the hospital district. Ms. Sherry Dunlap, 5825 Hopkins, spoke regarding the implementation of the Animal Care Action Control Plan, saying certain elements were omitted_ Mr. Emile Bolden, 5602 Palo Verde, and Ms. Cruz Ruiz Colomo, 4225 Collage, spoke against the Cable Communications Commission's decision to decertify NO?AC, and asked the Council to stop the interim board fi.om running the upcoming lottery until the appeal process was complete_ A discussion ensued over who should mn the PAUG until the appeal process is over. Mr. Noe said the minimum operations of Channel 10 would be maintained until the appeal was heard. Mr. Cheaney also asked staff to meet w/th the PAUG once more before the appeal date to see if an agreement could be reached_ He was reluctant for the Council to hear the appeal, set for next Tuesday's Council meeting. Mr. Noe replied staffwould set a meeting, but it would prubably not Minutes - Regular Council Meeting October 19, 2004 - Page 16 make a difference in the outcome. Mayor Neal asked the city attorney for specific guidelines on what rules of order the Council would be expected to follow for the appeal. 24. 25. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding Tomas Duran vs. City of Corpus Christi, et al., C.A. No. 04-500-CV, in United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding Yehuda Azoulay vs. City of Corpus Christi, Cause No. 04-4180-D, in the District Court, 105m Judicial District, Nueces County, Texas, with possible discussion and action related thereto in open session_ The Council went into executive session. The Council returned fi.om recess. The final presentation was Item 22, a fourth quarter report on the health benefits/risk management fund_ Director of Human Resources Cynthia Garcia displayed a chart illustrating that claims activity for FY 2004 was leveling out_ She said this would allow staff to better estimate claims activity trends, but more time was needed for study_ The next chart delineated the number of dollars by plan per month, including prescriptions. The $14,700,000 amount paid for the year resulted in a reduction of between 14 percent to 22 percent, depending on the plan, compared with FY 2003. The decreased amount can be attributed in part to increases in Citicare copays, and increases in out-of-pocket amounts, as well as the change in networks. She described this decrease as a one-time event because the benefit package and the network remained the same for FY 2005. In addition, she said stop loss costs have increased in FY 2005 by 16 percent, and medical inflation costs continued to rise. Ms. Garcia discussed a cost per claim chart showing a $210 per claim cost for FY 2004, compared with $233 per claim cost in FY 2003. The cost per employee per plan was $3,864 for Citicare, $4,602 for Fire, and $6,067 for Public Safety. She said staffwas hoping to negotiate with the fire and police unions to reduce costs. Ms. Garcia stated this year's performance has allowed staff to fund a portion of the reserve amount recommended by the city's actuaries for the incurred but not recorded claims, and for the purposes of acting as a shock absorber for years with exceptionally high claims numbers_ The reserve could also be used as a hedge against the impact of inflation on premiums. Regarding workers' compensation, Ms. Garcia said the figures for the year showed the continued reduction in the number of claims, going from 1,220 in FY 2002, 1,117 in FY 2003, to 1,070 in FY 2004_ She said the amount incurred for FY 2004 was also down fi'om previous years. Minutes - Regular Council Meeting October 19, 2004- Page 17 Ms_ Garcia discussed a slide showing dollars paid in current year for prior years' claims_ She said there continued to be a large dollar amount being paid for claims for prior years, approximately $797,898 paid this year for claims paid in 2000 or earlier. Ms_ Garcia referred to a chart depicting year-to-date claims count comparison by depza huent. She said police, fire, and solid waste services continue to be the top three departments. She said the number of overall claims was done in police, gas, and water. The incurred cost comparison by department chart showed that solid waste, fire, wastewater, streets, gas, and All Other categories lowered their incurred costs compared with FY 2003. The claims count by type of injury chart demonsWated that contusions, strains, and sprains continue to be the most common type of injuries, comprising 462 of all injuries occun'ing last year. Ms. Garcia remewed a chart showing the city's performance in FY 2004 for general liability. While the number of claims fell as of July 31, 2004, as compared with the previous years claims, from 925 to 900, the incurred costs for these claims increased to just under $1,000,000_ She said the amount paid in 2004 for previous years' claims was $1,725,000, $812,504 of which can be attributed to the police department. Ms. Garcia discussed a chart depicting the types of claims for the period ended July 31, 2004 which demonstrated that vehicle damage, police-related, and personal injuries were the claim types that increased. In conclusion, Ms. Garcia stated the city budgeted $3,166,000 for the claims payments in 2004, based on actuarial recommendations. She said the actual amount paid in 2004 was $2,110,000_ Mayor Neal remarked public safety costs for both workers' compensation and health care were excessive compared with other departments. He asked what staffwas doing to address the problem. Ms. Garcia replied in terms of general liability, staff was working with the police department to improve the physical condition of the police officers, as well as teaching better driving habits. She said Police ChiefAlvarez was committed to reducing the costs as well. Mr_ Garrett asked if the city still had an accident review board. Mr. Noe responded affirmatively, referring to a report in the Council's packet providing in_formation on the board's work to date. He said vehicle accidents were a significant issue, and advocated more employee mining and possibly incentives for safe performance. Mr. Garrett also asked about complaints about high health insurance premiums for retired firefightem_ Mr. Noe replied staff evaluates the premiums and makes adjustments based on the plan. He said the fire and police plans both had higher increases than Citicare because of the generosity of their benefits. Ms. Garcia added the trust funds managed by each of the unions was being used to pay for their employee premium costs. Mr. Garrett asked if public safety employees had the option to move to Citicare. Ms. Garcia replied they were no longer given the option to move to Citicare when they ret[re. Health Benefits Minutes - Regular Council Meeting October 19, 2004 -Page 15 Manager Quentin Masters added a concern about allowing retirees to move fi-om plan to plan was they tend to increase the risk pool of the plan they move into. Mr. Garrett said there was a perception among the firefighter retirees that they were on a separate plan fi-om other association members. Mr. Masters replied negatively, saying they were on exactly the same plan as anyone else in their association, although he said once the retiree tm'ns 65 years of age, Medicare becomes the primary payer on the claim. Mr_ Garrett asked staffto clear up this misconception with the retirees. Mr. Noyola asked if fire and public safety retirees could move their spouses to another plan_ Mr_ Masters replied negatively, saying the dependem's fight to be in the health plan existed because of the city employee. Mr. Noe added that staffcould look at allowing individuals to move fi-om higher cost plans to lower cost plans. Mr. Noyola asked staffto speak with the fire association meeting to speak with retirees about their benefit options. Mayor Neal opened discussion on Item 23, a contract for a sculpture for the baseball stadium, as part of the Percent for Art Program. There were no comments fi-om the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 23. MOTION NO. 20tM-391 Motion authorizing the City Manager or his designee to execute a contract with Seth Vandable for the design, fabrication, installation and purchase of a sculpture, "For the Love of the Game" in the amount of$150,000 as part of the Percent for Art Program associated with the Whataburger Baseball Stadium Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal called for the City Manager's report. City Manager Noe reported an electronic town hall meeting would be held today at 6:00 p.m. regarding the thirteen propositions on the city ballot. Tomorrow evening, an informational meeting would be held at Meadowbrook Elementary School at 6:30 p.m. to discuss drainage improvement work in the area. He announced the following items were scheduled for next Tuesday's agenda: appeal on the cable designation; a contested zoning case; and a presentation on the Conquer the Coast bicycle race. Mayor Neal asked if the city had addressed the problems with the beach permits. Mr. Noe replied the City of Port Aransas will be providing information on their programs. Once the information is received, the city will forward the information to the state. Mayor Neal also asked Mr. Noe to improve the city's system for reporting graffiti. Mayor Neal called for Council concerns and reports. Mr. Chesney asked Mr. Noe to look into the angle of the seats at the baseball stadium along the first base line. He also stated an article Minutes - Regular Council Meeting October 19, 2004 - Page 19 in the newspaper today claiming the coliseum was going to be designated for use by a major sporting goods store was presumptuous_ Mr. Noe replied the city did not have a deal with any company, and there have no discussions yielding a firm deal on any project. He said he would speak with the Caller-Times about it. Mr. Noyola asked if the city had extended the school zone in front of Galvan Elementary School. City Engineer Escobar replied staffhad taken the request to the Transportation Advisory Committee yesterday, and would be bringing the item to the Council soon. In addition, Mr. Escobar said staffhad spoken with the principal of Galvan Elementary, and the school was rerouting the way parents dropped children off to increase efficiency_ Mr. Noyola asked for a status report on a beautification project in front of the airport, which he says has completely stopped. He also stated he had asked for data on the number of citations given out at school zones about two months ago, but still had not recexved it. Mr. Noe said he would look into it_ Finally, Mr. Noyola said he had heard a report that there was a possibility a toll road was being built on the Crosstown Expressway. Mayor Neal answered negatively. Mr. Noyola asked if the plan was to leave three lanes. Mayor Neal answered affirmatively. Mr. Colmenero referred a letter to Mr. Noe fi-om Ms. Norma Rema to add speed bumps on her street. He also stated constituents on the 800 and 900 block of Elizabeth Street were reporting a problem with vehicles parking on the sidewalk, and problems with high weeds as well_ Finally, he said he had received many calls fi-om citizens complaining about the requirement to transfer opossums to animal control in their personal vehicles_ He asked staffto look into it_ Mayor Neal announced early voting began yesterday. He encouraged citizens to study the issues by reviewing the information on the bond proposals and charter revision proposals. He asked everyone to exercise their right to vote during early voting or on November 2 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:38 p.m. on October 19, 2004. 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 26, 2004 AGENDA ITEM: A. Authorizing the city manager, or his designee, to accept a grant [rom the Federal Emergency Management Agency (FEMA) in the amount o[ $400,000.00 that will provide funding [or capability assessment and sustainment ot the Metropolitan Medical Response System, with a term extending through March 31, 2006. B. Appropdadng $400,000.00 fl'on3 the Federal Em~rgoocy Management Agency (FEMA) in the No. 1062 Fire Grants Fund to fund the capability assessment and sustainment identified in the Metropelitan Medical Response System grant with FEMA; and deeladng an emergency ISSUE: The City of Corpus Chdsti has received funding for the creation and maintenance of e local Metropolitan Medical Response System (MMRS) since 2000. Ail previous funding has boon made available through a preliminary contract and subsequent contract modifications. With the creation of the United States Department of Homeland Secudty (DHS), FEMA moved under the umbrella of DHS, and this program was assigned to FEMA. FEMA has made a determination that the MMRS program should proceed as a grant program, rather Ihan maintaining the previous c~ntract relationship. The grant is intended to fund: 1. implementation of new components for preparation and response to explosions and events that might involve radiologic~l materials; 2. planning and equipment acquisrtion for mass cereJmedical treatment facilities; 3. coordination with local health care [acilities, [he physician community, the health department and emergency response agencies to assure that tempiate messages are prepared [or a vadebJ of events that include self-help contamination avoidance and decontamination actions; 4. planning to assure compliance with the new Nal~onal Incident Management System; 5. review and revision oi~ current planniog materials to assure functienal compatibility with other planning documents and coordination with emergency response agencies; 6. support for Geographic Informal~on Systems that would provide a series o[ map overlays that would address risk and h~7~rd assessments, and regional response resources; 7. continuation of program and project overs~cJht; 8. pharmaceutical cache management; 9. updating of planning and training planning materials; and 10. expansion of the operational service area. RECOMMENDATION: Council approval of I~e resolution authedzing the acceptance of the grant and ordinance appropriating the i~unds is recommended. Johrl Murray EMS Director, MMRS Project Coordinator Corpus Christi Fire Department 2406 Leopard, Suite 201 Corpus Christi, TX 78408 U.S. Departmenl of Ilomeland Security 5(}(I C Street, SW Washi~lgton, DC 20472 FEMA OCT 4 20 4 Re: Grant No. EMW-2004-GR-0804 Dear Mr. Murray: Congratulations. Your grant application submitted under the FY 2004 Metropolitan Medical Response System Program has been approved. The grant award amount is $400,000.00 (CFA - $250,000.00; S - $150,000.00). As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Please maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. Enclosed are four (4) copies of the Award. If, acceptable, please sign the four (4) copies of the award amendment document and send three (3) copies as soon as possible to my attention at the following address: Department of Homeland Security EP&R/FEMA Grants Management Branch 500 C Street, S.W., Room 334 Washington, DC, 20472 Attention: Marilyan Grim The fourth copy is yours to retain as your fully executed copy. Please feel free to contact me at (202) 646-3459, if you have any questions. Sincerely, Marilyrm Grim Assistance Officer Enclosures www. fema.gov RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $400,000.00 THAT WILL PROVIDE FUNDING FOR CAPABILITY ASSESSMENT AND SUSTAINMENT OF THE METROPOLITAN MEDICAL RESPONSE SYSTEM, WITH A TERM EXTENDING THROUGH MARCH 31, 2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The City Manager, or his designee, is authorized to accept a grant from the Federal Emergency Management Agency in the amount of $400,000.00 that will provide funding for capability assessment and sustainment of the Metropolitan Medical Response System, with a term extending through Mamh 31, 2006. A'n'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~F),- ~Q..~.. / ~ ,2004. Samuel L. Neal, Jr. Mayor By: Joseph~amey/~'~ Assistant City Attorney For City Attorney Res o-F~MA~IRS-2 Corpus Chdsti, 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 Reso-F~MA-MMRS-2 AN ORDINANCE APPROPRIATING $400,000.00 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE NO. 1062 FIRE GRANTS FUND TO FUND THE CAPABILITY ASSESSMENT AND SUSTAINMENT IDENTIFIED IN THE METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT WITH FEMA; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $400,000.00 from the Federal Emergency Management Agency (FEMA) is appropriated in the No. 1062 Fire Grants Fund to fund the capability assessment and sustainment identified in the Metropolitan Medical Response System grant with FEMA. 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 ~ 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 on this the 19~ day of October, 2004. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED: ~{~(~..- /2 ,2004 Samuel L, Neal, Jr. Mayor By: Joseph a~mey~ ~''~ Assistant City Attomey For City Attorney Corpus Chdsti, 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 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 Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 3 AGENDA MEMORANDUM DATE: October 26, 2004 SUBJECT: ACCEPTING AND APPROPRIATING A $15,142 GRANT FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. b) Ordinance appropriating a grant of $15,142 fi.om the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local kistory materials; and declaring an emergency. ISSUE: The state has made available $15,142 to the library as part of its Lone Star Libraries Grant program. The library will use these funds to preserve and catalog valuable local history materials collected over the past several decades. The library owns over 50,000 individual items of historical significance, including family papers, documents, maps, photographs, newspapers, and other ephemera. About half of the 50,000 items has been added to a database which will be accessible via the library's website next year. The Local History collections continue to expand as a result of the attention and emphasis placed on acquisition and preservation. The library has been the recipient of several donations, including: an 1845 duty roster signed by Zachary Taylor during the Corpus Christi 184546 encampment, purchased for the library by Amanda and Ken Kellar; an original 9 x 1.5 ft. panoramic view of the bayfront (ca. 1915), donated by Mr. and Mrs. G. E. Meisenheimer; an original portrait of Charles Lovenskiold, a mid-19th century Corpus Ckristi alderman, donated by Dr. and Mrs. James R. Dinn; and various other maps and prints. The library has also been the recipient of National Endowment of the Humanities grants totaling $10,000 to support preservation of local history materials and is seeking other private funds to support the expansion oftbe lnez Sterling Adams South Texas Historical Gallery where local history material will be exhibited. These Lone Star Grant funds will be used to hire part-time temporary employees, mainly students at Texas A&M University-Corpus Christi. REQUIRED COUNCIL ACTION: Appropriation offimds require City Council approval. RECOMMENDATION: Staffrecommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under $20,000 Grant Number: 442-05106 I. CONTRACTING PARTIES Graator: Grantee: Texas State Library and Archives Commission (TSLAC) City of Corpus Christi, Corpus Christi Public Libraries 805 Comanche St Corpus Christi, Texas 78401 II. TERM OF GRANT September 1, 2004, to August 31, 2005 m. STATEI~ENT OF SERVICES TO BE PERFORM~ED Grant-funded activities shall provide services as outlined in the approved grant apphcation. The Grantee will comply during the period of this contract and provide sea-vices as outlined wittdn the approved grant application (Loan Star Libraries Grant for State FY05) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhanee local library services, and to provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $15,142 B. Source offu.nds: General Revenue, State Fiscal Year 2005 C. Payment for this grant will be funded in full upon delivery to Grantor of a legally executed contract. Grantee should receive payment within 20 days after Grantor receives the executed contract, provided all requirements for preceeding con~racts have been fulfilled. FY05 City of Corpus Christi Loan Stax L~raries Grant Contract C-Under $20,000 1 ofl0 The Grantee must request payments from Grantor on the OMB Standard Form 270, Request for Advance or Reimbursement. Payment requests maybe submitted to Grantor monthly, quarterly, or any other standard time period, at the discretion of the Grantee's governing entity;, however, requests may not be submitted more than once per month. A Form 270 is due to the Grantor on or before the 15' of the month to receive payment for the beginning of the following month. Funds will generally be received by the Grantee within 10 days after Grantor receives the payment request. E. If requesting a reimbursement, Grantee must use box 11 on the Form 270. Grantor must receive final request for reimbursement on or before October 15, 2005. B-requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Grantees requesting advance funds must use box 12 (rather than box 11) on the Form 270. Requests for advance funds will generally be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. Grantor must receive final request for advance on or before July 31, 2005. The Grantee will add any program income to the funds committed to the grant, using such program income for the proposes and under the conditions of the grant_ The source and amount of the program income must be explained in box 12 of the quarterly Financial Status Report. H. The Grantee may not obligate grant funds after August 31, 2005. All obligations mast be liquidated on or before October 15, 2005. Any interest accrued above $100 must be returned to Grantor, per requirements in UGMS. All unexpended funds in excess of $25.00 must also be returned to the Grantor, along with the Final Financial Status Rqport (FSR). Sec Section V'fiB. of this contract for FSR due dates. J. Per the approved grant application, funds are approved according to the following budget: Personnel Fringe Benefit Travel Equipment/Property Supplies Contractual Other $15,142 Total Direct Costs $15,142 Indirect Costs Total $15,142 FY05 City of Cotpus Christi Loan Star Libraries Grant Contract C-Under $20,000 2 of I0 V. ~N PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must receive written prior approval before obligating or expending grant funds under any of the following conditions, Grantee must request written prior approval on the Loan Star Libraries Grant Program Revision Form. Under no condition can a Grantee request to exceed the total grant amount. Grantor must receive all prior requests on or before July 31, 2005. Approvals received after this date will be considered on a case-by-case basis. A. Fiscal changes must have written prior approval under the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0). B. Programmatic changes to the approved application (Loan Star Libraries Grants Plan of Action for State FY 2005) must have written prior approval under any of the following conditions: 1. Obtaining the service~ of a thkd party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved prog~tn, regardless of whether there is an associated budget revision_ A change in scope is a substantive difference in the approach or method used to reach program objectives. C. Ail changes to the items listed under the following cost categories, if any, must have written prior approval. Written prior approval is also required if an item's cost or features are substantially different fi:om what the approved grant application specifies or from a previously approved Prior Approval Request, COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not retluired by the grant) None 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property None VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. Subject to the obligations and conditions set FY05 City of Corpus Christi Loan Star Li3raries Grant Contract C-Under $20,000 3of10 forth m the Uniform Grant Management Standards (UGMS) Section m, Subpart C.32 (a), title to equipment acquired under a grant will vest in the Grantee upon acquisition. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year, and an acquisition cost that equals or exceeds the capitalization mount established by Grantee's govermng entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with each Prior Approval Request Form for equipment and/or property_ The UGMS Subpart C, Sec. 32, (d) (3) requh-es certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be maintained on inventory if the item's cost is above $500, or if the item could be easily lost or stolen. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, Grantee will follow the UGMS Subpart C, Sec_ 32, (f) will be followed. The Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. The Grantee agrees to submit the Equipment/Property Acquired Form by October 31, 2005, for all equipment/property purchased during the current grant year. This list must balance the equipment/property purchased with prior approval amounts. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. Tiffs biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. All changes to items listed in the Equipment/Property category outlined in Section V.C.4. of this contract require written prior approval. This category includes equipment, furniture, library materials, etc. purchased wholly or in part with grant funds. The prior approval amount listed in that Section is the total approved capital expenditure amount, which is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services_ In accepting these grant FY05 City of Co~ptts Christi Loan Star Libraries Grant Conh-act C-Under $20,000 4 of 10 funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Plan of Service. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. Note: Per Role 2.165(e), future funds will not be awarded to a library until all requirements for all prececding contracts have been fulfilled. The Grantee agrees to submit the quarterly Loan Star Libraries Performance Report to the Grantor on or before due dates listed in the following schedule. Grantee can submit a final Performance Report once all grant funds are expended and all program requixements are accomplished. Grantee should mark the Performance Report as £mal, and not submit any subsequent Performance Report forms. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a final Loan Star Libra.des Performance Report may also be required covering receipt of those materials. This final report will be due on or before November 15, 2005. Revorting Period September 1, 2004 - February 28, 2095 March 1, 2005 - August 31, 2005 Due Date March 7, 2005 September 7, 20(}5 The Grantee agrees to submit the Loan Star Libraries Financial Status Report (FSR) for the project(s) funded under this contract semi-annually on or before the due dates listed in the following schedule, so long as all grant funds have not been expended_ Grantee can submit a final FSR report once all grant funds are expended and all program requirements are accomplished. Grantee should mark the FSR as final, and not submit any subsequent FSR forms. Reporting Period September 1, 2004 - February 28, 2005 March 1, 2005 - August 31, 2005 Due Date March 31, 2005 September 30, 2005 If necessary, a l'mal Financial Status Report is due on or before November 15, 2005. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package (or written notification, as applicable) within 30 days of the audit. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of awards expended for each award year separately_ VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Libraries Administrative Rule~ for State Fiscal Year 2005, Texas Administrative Code, Chapters 2.160 - 2.165. Note: Per Rule 2.165(c) of FY05 City of Corpus Christi Loan Star Libraries Grant Con~xact C-Under $20,000 5 of 10 the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in effect for the entire term of'the grant contract. 2.165 (c) "In accordance with the same policies and procedures the library has adopted for its local resident customers" means the library shall provide the same library services and may impose the same restrictions on non-resident customers as it does for those customers who live locally. B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Chapters 1.91 - 1.97. Note: Grantee must continue to meet system membership requirements to be eligible for future grants, per Texas Government Code, Section 441.138(c). 441.138 (c) State aid to a free m-supported public library is a supplement to and not a replacement of local support The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised June 2004, located at http://www~g~v~m~r~tat~x~s/divisi~ns/~ategrants/guid~ines4?~s/UGMS~62~4~d~c~ 1. Cost Principles for State and Local Govemments and Other Affected Entities (Aa~12ted from OMB Circular A-87) 2 State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (Adapted firom OMB Circular A-133) For grants funded with state funds, the Grantee will also comply with the thkrd part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at htto ://www. whitehouse.£ov/omb/grants/~,rants circulars html. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, pubhc events, display~ in the benefiting library, announcements on the Grantee's Website, and materials distributed through the grant project. The Grantee will provide the Grantor with one set of all public relations materials produced under this grant. Grantee understands that acceptance of fu.nds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully w~th the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority FY05 City of Corpm Christi Loan Star Libraries Grant Contract C-Under $20,000 6of10 to audit funds received indirectly by Sub-grantees through Grantee, and the requirement to cooperate, is included in any sub-grant awarded. The Grantee agrees to maintain all ftnancial and programmatic records, supporting documents, statistical records, and other records relating to this grant award according to Section 1/, Subpart C.42 of UGMS. In general, Grantees must maintain records for a minimum of three years fi:om the date the Grantee submits to Grantor the last single audit or audit report for the grant period. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in the Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates estabhshed mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadhnes. IX. ENFORCEMENT Remedies for noncompliance. Ifa Grantee or Sub-grantec materially fails to comply with any t~m~ of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee, or more severe enforcement action by the Grantor, 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in comphance; 3. Wholly or partly suspend or te~tdnate the current award for the Grantee's or Sub-grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. Heatings, a~als. In taking an enforcement action, the Grantor will provide the Cn'antee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved. Effects of suspension and termination. Costs of Grantee or Sub-grantee resulting fi:om obligations incurred by the Grantee or Sub-grantee during a susperm/on or after termination of an award are not allowable unless the Grantor expressly authorizes them in the notice of suspension or term/nation, or subsequently. Other Grantee or Sub-grantee costs during FY05 City of Corpus Chrisla Loan Star Libraries Grant Conlract C-Under $20,000 7 ofl0 Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this con.ct shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS The Grantor certifies that: (1) the services specified in the approved grant application, plan of service, and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code § 441.006, General Powers and Duties, Texas Govemment Code § 441.135 Grants (Systems Act), the State Plan for the LSTA in Texas, and the Uniform Grant Management Standards CLIGMS). The Grantee certifies by this contract that it will comply with the Assurances-Non- Construction programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying, as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affinns that ~ts employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub- agreements. FY05 City of Corpus ~ Loan Star Libraries Grant Contract C-Under $20,000 9 of 10 SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, Corpus Christi Public Libraries Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Do~na Osborne, Chief Fiscal Officer Date Typewritten or Printed Name Title Date Approved as to form: Veronic~ Ocafias '~ Assistant City Attomey For City ^ttomey FY05 City of Corpus Christi Loan Slat L~raries Grant Contract C-Under $20,000 10 of 10 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $15,142 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LONE STAR LIBRARIES GRANT TO BE USED FOR THE PRESERVATION AND CATALOGING OF LOCAL HISTORY MATERIALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City Manager or his designee is authorized to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 26, 2004 Samuel L. Neal, Jr. Mayor Assistant City Attomey for City Attomey Corpus Christi, Texas Day of ,20 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 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $15,142 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY GRANTS FUND FOR PRESERVATION AND CATALOGING OF LOCAL HISTORY MATERIALS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $15,142 from the Texas State Library and Archives Commission is appropriated in the No. 1068 Libraries Grant Fund for preservation and cataloging of local history materials. SECTION 2. That upon written request of the Mayor or t-Ne Council members, copy attached, the City Council (1) finds and declares an emergency due to the r, cc'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 on this the 26u~ day of October, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 2.6a day of October, 2004: Veronica Assistant City Attomey for City Attorney Samuel L. Neal, Jr. Mayor 101204 UB Lo~e St~r Grant App O~li~anoe.doc Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L, Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 4 CITY COUNCIL AGENDA MEMORANDUM DATE: October 26, 2004 SUBJECT: St. Andrews Park / La Costa Box Culvert Improvements (Project No. 2188) AMENDMENT NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with Urban Engineering in the amount of $70,000, for a total restated fee of $94,550, for the St. Andrews Park/La Costa Box Culvert Improvements. ISSUE: The St. Andrews Park / La Costa Box Culvert area experience flooding dudng minor storm rain events. The proposed Contract is necessary to improve drainage throughout the system. The total fee of $70,000 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ir~e~ctor'!f Engineeri'ng'Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUNDINFORMATION SUBJECT: St. Andrews Park / La Costa Box Culvert Improvements (Project No. 2186) AMENDMENT NO. 3 PRIOR COUNCIL ACTION: 1. February 10, 2004 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. Apdl 11, 2003 - Executed Small Agreement for ArchitectJEngineer Consultant Services with Urban Engineering in the amount of $12,000 for the Country Club Estates Units 7, 14, 15, 16 / St Andrews Park Drainage Study Project. 2. Jul,,' 3, 2003 - Executed Amendment No. 1 to the Small Agreement for ArchitectJEngineer Consultant Services with Urban Engineering in the amount of $6,000 for the Country Club Estates Units 7, 14, 15, 16 / St Andrews Park Drainage Study Project. 3. Julv 16. 2004 - Executed Amendment No. 2 to the Small Agreement for AmhitectJEngineer Consultant Services with Urban Engineering in the amount of $6,550 for the Country Club Estates Units 7, 14, 15, 16 / St Andrews Park Drainage Study Project. 4. July 21, 2004 - Executed Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. in the amount of $6,600 for the Country Club Estates Units 7, 14, 15, 16 / St Andrews Park Drainage Study Project. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: This project originated from citizen complaints in the Corpus Chdsti Country Club and St. Andrews Park area. These complaints arose after heavy rain events in the fall of 2002 at which time city staff recorded water surfaces backing into subdivisions on both sides of the Schanen Ditch. These problems have not been an isolated incident. Storm water stands in the streets in this area for extended periods of time after a rainfall event. Scope of work was to investigate causes and potential relief that could be achieved. Amendment No. 1 added additional study area to the odginal boundaries. Amendment No. 2 investigated issues related to proposed improvements that cross an existing closed landfill site in St. Andrews Park. AMENDMENT NO. 3: The proposed Amendment No. 3 will provide Basic and Additional Services for additional storm sewer and culvert capacity at the St. Andrews EXHIBIT "A" I Page 1 of 2 Drive crossing of the Schanen Ditch. The La Costa Box culvert improvements include a new box culvert and Mary Carroll Ditch stabilization to improve hydraulic performance. Additional overflow routes will be provided across the park for major storm flows that back up into the subdivision now and no outlet except through existing underground storm drain systems. The consultant will provide the following services: Basic Services 1. Design Phase Services 2. Bid Phase Services 3. Construction Phase Services Additional Services 1. Permit Preparation 2. Topographic Survey 3. Environmental Issues 4. Establish and Dedicate Drainage Easements 5. Line Locate Services CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "B". EXHIBIT "A" I Page 2 of 2 CONTRACT SUMMARY AMENDMENT NO. 3 ST. ANDREWS PARK / LA COSTA BOX CULVERT IMPROVEMENTS (Project No. 2188) SCOPE OF PROJECT Project consists of design and plan development for proposed drainage improvements to the St. Andrews Park area and La Costa box culvert. This work will include design and construction phase services to include: new storm sewer and ditch routing, street reconstruction, ditch lining and La Costa box culvert extension. This project includes improvements proposed in two previous drainage studies, Amendment No. 1 and No. 2. City project numbers 8255 (1998) "Hydraulic Review of Staples Street/La Costa Ddve Drainage Structure" and 2188 (2003) "Drainage Study of Country Club Estates Units 7, 14, 15 & 16 St. Andrews Park and St. Andrews Drive from Schanen Ditch to Bromley Ddve and the Fulwell Drive Systems." SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and wdtten authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY Tuesday Wednesday Wednesday Monday Monday Monday Monday (2) Wednesday Wednesday Monday DATE October 26, 2004 February 2, 2005 February 16, 2005 March 21,2005 Apdl 4, 2005 Apd118, 2005 April 25, 2005 May 10, 2005 May 25, 2005 July 21,2005 Weekday TBD ACTIVITY Begin Design Phase 60% Submittal City Review 100% Submittal City Review Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Pre-Construction Conference (10 days to start construction) Construction Completion EXHIBIT "B" I Page 1 of 2 4. FEE BASIC SERVICES Preliminary Phase 2 Design Phase 3 Bid Phase 4 Construction Phase Subtotal Basic Servises ADDITIONAL SERVICES Pen'nit Preparation 2 Topographic Survey 3 EnvironmentaJ Issues 4 ~:sta~lish and Dedicate Drainage Easements 5 Line Locate Service Subtotal Additional Services TOTAL AUTHORIZED FEE ST. ANDREVVS PARK / LA COSTA BOX CULVERT IMPROVEMENTS (Project No. 2188) SUMMARY OF FEES ORIGINAL AMD. AMD. CONTRACT NO. 1 NO. 2 AMD. NO. 3 TOTAL $12,000 00 $6,000.00 $6,550.00 $0.00 $24,550.00 0.00 0.00 0.00 34,500.00 34,500.00 0.00 0.00 0.00 3,500.00 3,500.00 0.00 0.00 0.00 7,500.00 7,500.00 12,000.00 6,000.00 6,550.00 45,500.00 70,050.00 0.00 0.00 0.00 3,500.00 0.00 0.00 0.00 9,500.00 0.00 0.00 0.00 3,000.00 0.00 0.00 0.00 4,500.00 0.00 0.00 0.00 4,000.00 0.00 0.00 0.00 24,500.00 $12,000.00 $6,000.00 $6,550.00 $70,000.00 3,500.00 9,500.00 3,000.00 4,500.00 4,000.00 24,500.00 $94,550.00 IEXHIBIT"B" [ Page 2 of 2 \Mpro]ecl \ councilcxhlblls \exh2 ? 8~.dw~ ROAD NU£CES BAY Z CORPUS N CHRISTI BAY PROJECT LOCATION F.M, 43 c) PROJECT No. 2188 LOCATION MAP NOT TO SCALE EXHIBIT "C" ST. ANDREWS PARK/LA COSTA BOX CULVERT IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXH£BZT ~ DEP~E~ OFENGIN~RINGSERVIC~ PAGE: 1 of I ~,-- ~TE: I0/20/2~4 ~ 5 AGENDA MEMORANDUM DATE: October 26, 2004 SUBJECT: Leopard Roadside Safety Improvements AGENDAITEM: Motion authorizing the City Manager, or his designee, to award Amendment No. I to a Contract for Professional Services with Goldston Engineering, Inc. of Corpus Chdsti, Texas in the amount of $91,700 for a total restated fee of $114,210 for Leopard Roadside Safety Improvements. ISSUE: This contract will provide for design services necessary to meet TxDOT requirements for pedestrian and vehicular safety improvements along Leopard Street from Warpath Street to Rolling Acres Ddve Street (North side only). FUNDING: Funds to finance the proposed project are available through the FY 2003-2004 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. scebar, P. E., Director of Engineering Services Additional Sul)13ort Material: Exhibit 'A" Background Information Exhibit "B" Contract Summary Exhibit"C" Location Map BACKGROUNDINFORMATION SUBJECT: Leopard Roadside Safety Improvements PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of' Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13. 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002.01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002.01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. September 14, 2004- Administrative approval of a small NE agreement with Goldston Engineering, Inc. of Corpus Chdsti, Texas in the amount of $22,510 for Leopard Roadside Safety Improvements. PROJECT BACKGROUND: This project is part of the Council approved Storm Water Capital Improvement program's $55M list of pdority projects. Dudng the course of developing the CIP pdority listing, consultants were hired to assess drainage in numerous areas throughout the City. Based on the data, evaluations and cost estimates developed through the consultants, the City developed a pdority listing for implementation of the improvements. Through the RFQ process, the City requested proposals and has opted to hire numerous consultants to complete the $55M CIP projects. One of the proposed priority projects, Leopard Street, was previously rehabilitated to a four lane divided urban artedal street with a raised median as part of the 1986 Bond projects. TxDOT matching funds were used to fund the construction, therefore the project had to be designed to TxDOT standards. Parts of these TxDOT standards involved safety end treatments of existing culverts and allowable sideslopes. This portion of Leopard Street has parallel roadside ditches with steep sideslopes that are in excess of TxDOT allowable standards. Additionally, most of the existing culveds and cross drainage structures do not have safety end treatments. I EXHIBIT"A" I Page 1 of 2 PROJECT DESCRIPTION: This project will provide an underground drainage system that will eliminate the existing ditches and exposed ends of the existing culverts that do not have safety end treatments. The area between the edge of pavement and the dght-of -way line will be filled and graded. This will eliminate the steep side slopes. Additionally, this portion of Leopard Street is used by students walking from the surrounding neighborhoods to the Tuloso Midway Middle School on LaBranch Street. Currently, the students walk on the shoulder of Leopard Street. City staff has worked closely with the school distdct to provide a safe alternative for student access to the Middle School. This project will provide a the design of a sidewalk along the right-of-way line which is about 30 feet away from the edge of pavement. A pedestrian crossing will be provided over Turkey Creek. The Engineer will provide topographic and utility line locating surveys, analysis and design of the project components, preparation of the contract documents (plans and specifications), and bid and construction observation services. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" I Page 2 of 2 CONTRACT SUMMARY FOR AMENDMENT NO. 1 TO A CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Chdsti, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Chdsti, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Goldston Enolneerin~, Inc., a Texas corporation, 210 S. Carancahua, Suite 200, Corpus Chdsti, Nueces County, Texas 78401, (ArchitectJEnglneer - NE), hereby agree as follows: 1. SCOPE OF PROJECT Leopard Street Roadside Safety Improvements, Phase 1 from Warpath Street to Rolling Acres Drive - Project No. 2208 Leopard Street is an urban arterial roadway located In the greater Corpus Christi metropolitan area. This project extends from Warpath Street to Rolling Acres Drive Street (North side only). This portion of Leopard Street Is a four lane roadway with a raised median and parallel roadside ditches. Existing culverts and cross drainage structures along Leopard Street do not have safety end treatments, and many ara plugged with mud and debris. This project provides an underground drainage system on the north side of the roadway consisting of inlets and storm drains. The area between the edge of pavement and the right-of-way will be filled and graded. The project also includes design of a sidewalk along the ROW line to facilitate safe access for the Tuloso Midway Middle School, a pedestrian crossing over Turkey Creek, and header curbs along the edge of the pavement. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by Engineer (provide breakdown of costs and schedules) and written authorization is provided by the Director of Engineering Services. Exhabil Page 1 o[ 3 3. SCHEDULE PROPOSED PROJECT SCHEDULE DAY Fdday Fdday Friday Monday Fdday Fdday Fdday Fdday Fdday Monday (2) Wednesday Wednesday Monday Wednesday DATE November 5, 2004 December 3, 2004 December 10, 2004 December 13, 2004 January 7, 2005 January 14, 2005 January 28, 2005 February 4, 2005 February 11, 2005 February 21 & 28, 2005 Mamh 2, 2005 March 16, 2005 Apdl 11, 2005 October 5, 2005 ACTIVITY Begin Preliminary Phase Submit Preliminary Phase City Review Meeting Begin Design Phase 60% Submittal City Review Meeting 100% Submittal City Review Meeting Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion FEES Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not-to-exceed fee as per the table below: E~3abi[ 'B" Page 2 oi: 3 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Fee for Additional Services (Allowance) 1. Permit Preparation a. NPDES Permil/Amendments (To be determined) b. Texas Department of License and Regulation (Authorized) Total Permitting $25,000 $45,750 $2,550 $3,150 $76,450 0 1,500 1,500 2. Topographic Survey (AUTHORIZED) 3. Environmental Assessments (To be determined) Sub-Total Additional Services Fees Authorized Total Authorized Fee $13,750 0 0 $91,700 Odginal Contract: $ 22,510 This Amendment: ~ 91,700 Restated Fee: $114,210 Exhablt 'B' Page 3 of 3 File : \Mprojecg\councilexhibits\exh220&dwg N =1 I PROJECT L OCA TION CITY PROJECT No. 2208 LOCATION MAP NOT TO SCALE EXHIBIT LEOPARD STREET ROADSIDE SAFETY IMPROVEMENTS, PHASE 1 (1/VARPATH ST TO ROLLING ACRES DR) CITY OF CORPUS CHRISTI, TEXAS C£TYCOUNC£L EXH£BIT O~ENTOFENGINEER1NG SERVICES PAGE: I of 1 ~: I0-20-2~4 6 AGENDA MEMORANDUM City Council Action Date: October 26, 2004 AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a Contract for Professional Services with Alan Plummer Associates, Inc. of Fort Worth, Texas in the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion for an Engineering Study and Stage One Report. ISSUE: The Greenwood Wastewater Treatment plant is neadng TCEQ requirements for planning expansion when wastewater inflow into the plant roaches 75% of its' rated capacity. When the pending diversion of the Sacky Lift Station, Crestmont Lift Station and Carolyn Heights Lift Station occurs, the 75% TCEQ planning phase requirement will be exceeded. Thereforo, an expansion of the Greenwood Wastewater Treatment Plant is required. FUNDING: Funds are available for this project through the FY 03-04 Wastewater Capital Improvement Program budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as prosented. Director of Wastewater '~(l~g(~l R. Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C-1" Greenwood Service Area Location Map Exhibit "C-2" Greenwood Plant Location Map BACKGROUNDINFORMATION SUBJECT: Greenwood Wastewater Treatment Plant 4 MGD Expansion PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Proposals (RFP) No. 2004-01 to 132 engineering firms (34 local and 98 out-of-town). 2. June 23, 2002 - Addendum No. 1 to the Request For Proposals (RFP) No. 2004-01 to 132 engineering firms (34 local and 98 out-of-town). PROJECT BACKGROUND: The Greenwood Wastewater Treatment Plant (GWWTP) was built in 1957, expanded to a rated capacity of 6 MGD in 1991 and expanded to a rated capacity of 8 MGD in 2002. PresenUy, waste water inflow to the plant is at an average annual monthly rate of 5.4 MGD. The TCEQ requirements are that when the wastewater inflow into the plant reaches 75% of its' rated capacity, planning for expansion of the plant must begin. Additionally the TCEQ requirements are that when the wastewater inflow into the plant reaches 90% of its' rated capacity, construction must have been initiated. Seventy-five percent of the present GWWTP rated capacity is 6 MGD. When the pending diversion of the Sacky Lift Station, Crestmont Lift Station and Carolyn Heights Lift Station occurs, the 75% TCEQ planning phase requirement will be exceeded. Therefore, an expansion of the GWWTP plant is required. The service area of the present GWWTP is shown on the attached Exhibit C-1. PROJECT DESCRIPTION: The proposed Contract for Professional Services includes two stages. Stage I includes an Engineering Study and Report that involves an assessment of the possibility of uprating the existing plant rated capacity and an evaluation of expanding the existing plant. Stage 2 services will be based on the results of Stage 1. Stage 1 and Stage 2 services are noted below. STAGE '1 The Engineering Study and Report will provide the following tasks: · Review existing construction plans, master plans, implementation plans, and other studies. · Review and update population and flow projections for the GWWTP Service Area the diversion of flow from the Oso WWTP Service Area and the area south of Oso Creek. I EXHIBIT"A" I Page '1 of 2 · Determine the amount of rated plant capacity increase required for the next 20 years and develop a phased approach to ultimate development. · Evaluate the existing GWWTP capacity. · Analyze the possibility of uprating the existing plant rating capacity. · Determine the improvements required for uprating the plant. · Evaluate six potential process treatment options (including state of the art technology) for the expansion. · Evaluate additional issues including power and automation requirements, flood plain issues, odor control, sludge disposal and effluent reuse initiatives. · The TPDES permit issues will be identified and evaluated. Meetings will be held with the TCEQ to discuss the water quality models. · Prepare a report that includes recommendations, project costs, schedules for expansion, and/or uprating in a phased approach. STAGE 2 - To Be Determined Stage 2 will implement the approved option from Stage 1, among the six options which were analyzed. Work will include design services necessary to develop a design memorandum, preliminary and full design plans and specifications, and bid and con~act documents. Construction of the approved option will result in the expansion of the Greenwood Wastewater Treatment Plant to treat the diversion of flows from the Oso Wastewater Treatment Plant Service Area and anticipated increased flows from new development. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 2 of 2 I CONTRACT SUMMARY FOR A CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Chdsti, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Alan Plummer Associates, Inc., a Texas corporation, 7524 Mosier View Court, Suite 200, Fort Worth, Texas 76118-7122, (ArchitectJEngineer - A/E), hereby agree as follows: 1. SCOPE OF PROJECT - Greenwood Wastewater Treatment Plant 4 MGD Expansion- Project No. 7322 STAGE 1 The Greenwood Wastewater Treatment Plant (GWWTP) is an 8.0 MGD conventional treatment plant with anaerobic digestion. An expansion of the plant is required to treat the increased wastewater flows in the plant's existing service area and the future diversion of flows from other service areas in the City. Stage I of this project includes an Engineering Study and Report of the plant expansion. The hydraulic, regulatory and performance aspects of the existing plant will be assessed. Plant Influent, effluent and loading conditions will be analyzed to determine the feasibility of uprating the capacity of the existing plant. The expansion requirements will be Identified and six options for expanding/modifying the plant will be evaluated. Recommendations for expanding the GWWTP will be provided. Permitting issues affecting the expansion will be identified and evaluated. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by Engineer (provide breakdown of costs and schedules) and wdtten authorization is provided by the Director of Engineering Services. EXHIBIT'B" Page I 0[3 2. SCHEDULE PROJECT SCHEDULE DAY STAGE 1 Monday Monday Monday STAGE 2 Monday Monday Fdday Fdday Fdday Fdday Fdday Monday(2) Wednesday Wednesday Monday Weekday DATE November 1,2004 February 7, 2005 March 7, 2005 To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined ACTIVITY Begin Engineering Study & Report Draft Submittal Final Submittal Begin Stage 2 Submit Stage 2 60% Submittal City Review 90% Submittal City Time Final Submittal Advedise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion 3. FEES Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A_1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A. 1-3, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not-to-exceed fee as per the table below: EXHIBIT '~' Page 2 o[ 3 C. Summary of Fees Fee for Basic Services STAGE 1 1. Engineering Study and Report STAGE 2 2. Preliminary Phase 3. Design Phase 4. Bid Phase 5. Construction Phase Subtotal Basic Services Fees Fee for Additional Services (Allowance) STAGE 2 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES PermitJAmendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S_ Environmental Protection Agency Texas Department of License and Regulation Total Permitting 2. ROW Acquisition survey 3. Topographic Survey 4. Environmental Assessments 5. Construction Observation Services 6_ Start-up Services 7_ Warranty Phase 8. Provide SCADA DocumentatJon Sub-Total Additional Services Fees (Authorized) Total Authorized Fee $310,000 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $310,000 EXHIBIT 'B' Page 3 ol~ 3 ~ Mproject ~ councilexhibits \ exh 7522A.dwg N I- GREENWOOD SERVICE AREA NEYt AREA TO BE O£VERTED ZNTO GREEN~ WASTEYtATER SERVICE AREA PROJECT No. 7322 LOCATION MAP NOT TO SCALE EXHIBIT "C- 1" GREENWOOD WASTEWA TER TREATMENT PLANT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT D~E~rr OF E~IN~RI~ SERVTC~ PAGE: I of 1 ~: 10/0~04 \Mproject\counc#exhibits~ exh7322.dwg N NUECES BAY CORPUS CHRISTI BAY EENWOOD WASTEWATEI: TREATMENT PLA~tT . LAGUNA MADRE GULF OF MEXICO LOCATION tVIAP NOT TO SCALE PROJECT No, 7322 EXHIBIT "C-2" GREENWOOD WASTEWA TER TREATMENT PLANT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT D~ENT ~ ~NE~ING SEFA4CES PAGE: I of 1 DA TE: I 0/06/2~4 7 AGENDA MEMORANDUM October 26, 2004 SUBJECT: Seawall Reconstruction Project- Contract B-2, Part B (Project #3264 - Street Project #6297) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missouri in an amount not to exceed $120,000.00 for Port Avenue Concrete Repairs. FUNDING: Funding is available from the Street Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. A~I R. Escobar, P.E. Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Change Order Summary Exhibit C - Location Map H:~HOM E~KEVIN S~GE N~S EAWALL~ 2~Pa rt B-P owe do Peoples~CO7Merno doc ADDITIONAL INFORMATION PRIOR ACTIONS: This project has involved a number of complex actions. The most significant Council and administrative actions are attached. See Exhibit A-I. BACKGROUND: This change order is necessary to facilitate concrete repairs on Port Avenue prior to major Arena and Convention Center Events. Port Avenue is being promoted as a major access route for travelers on I.H. 37. The current condition of the street requires a number of interim improvements. Those improvements include the elimination of a four way stop, improved street lighting, and concrete pavement repairs. Port Avenue is in relatively good condition with the exception of a number of concrete failures. The work provides for the repair of approximately 1,300 square yards of concrete pavement. This will include the demolition and removal of existing paving and base material. This will be followed with the installation of geogdd fabric, 12-inches of base and 6-inches of reinforced concrete pavement. All work will be completed no later than November 3, 2004. Payment will not exceed $120,000 and be based on the actual quantities of concrete repairs. A work order was issued administratively to allow them to begin the work pending Council approval of the change order. The work order limited the quantity to the administrative authority of $25,000 or less. CONTRACTOR SELECTION: Several contractors were contacted to submit proposals for the work. Five street contractors that are currently performing City work stated that they did not have capacity to undertake the work due to the limited time requirements. Gunter Nash is the contractor for the Seawall Project B2-B project which includes concrete pavement work. They were the only firTn that had the ability to undertake the work and complete it within the required time frame. PROJECT SCHEDULE: The work will be performed by Gunther. All work will be completed no later than November 3, 2004. The first Arena event is scheduled for November 5, 2004 RECOMMENDATION: Approval of the motion as presented. H:~H OM E~<EVINSVGE N~S EAWALL~ 2"P adB-P owe doPeople s'~;O7 Bkg ExhA-d oc Exhibit A Page I o[ 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET October 22, 2004 PROJECT: Seawall Reconstruction Project - Contract B-2B Project No: 3264 APPROVED: City Council on 12216/03- Motion No. M2003-4,54 CONTRACTOR: Gunther Nash, Inc. Two City Place, Suite 380 St, Louis, MO 63141 Total Contract Amount ............................................... 25% Limit Amount ..................................................... Change Order No. I (2/24/04) ................................... Change Order No. 2 (3/22/04) ................................... Change Order No. 3 (5/11/04) .................................... Change Order No. 4 (7/9/04) ...................................... Change Order No. 5 (9/21/04-Council) ....................... Change Order No. 6 (9/24/04) .................................. Change Order No. 7 (10~22/04) ................................... Total ....................................................................... $9,900,080.58 2,475,020.15 351,256.00 0.00 24,310.00 19,715.00 222,212 00 18,161.78 120,000.00 755,654.78 = 7.63% < 25% Exhibit B Page 1 of 1 File : \Mproject\councilexhibits\exh3264o.dwg N LOCATION CHANNEL ~.LEO~ARD PROJECT NO. 3264 VICINITY MAP NOT TO SCALE EXHZBIT "C" SEAWALL RECONSTRUCTION PROJECT CONTRACT B-2B CHANGE ORDER NO. 7 FOR PORT AVE. CONCRETE REPAIRS CITY OF CORPUS CHRIST?, TEXAS C.~TY COUNC.~L EXHZB£T OF_PARTMENT OF ENGINEERING SERYlCES PAGE: 1 of 1 DATE: 10-22-2004 8 AGENDA MEMORANDUM SUBJECT: Computerized Maintenance Management System October 26, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a computer software contract with EMA, Inc. in the amount of $440,000 for the Computerized Maintenance Management System. ISSUE: The operating system for the Computerized Maintenance Management System has advanced from the v.4.1.1 used by the City. An upgrade is necessary to ensure continued support and to optimize the system. FUNDING: Funds for these contracts are available in the adopted FY2004-2005 adopted Municipal Information System Fund. RECOMMENDATION: Approval of the motion as presented. Ogilvie Gericke Director- Municipal Information Systems ~z~F-~ngel R. Escobar, P. E. Director of Engineering Services A[tachments: Exhibit A: Exhibit B: Background Summary of Contract Page I or 1 H:M-IOM E'~,KEVIN S\G E N\WATE R~:M MS~D405'~V[CO(IM OMem o.doc ADDITIONAL INFORMATION SUBJECT: Computerized Maintenance Management System (CMMS) SUMMARY: The City's Computerized Maintenance Management System is based on a MAXIMO version 4.1.1 operating system. An upgrade of the operating system has been developed which needs to be implemented by the City. BACKGROUND: The current operating system is two generations old, but is still supported by the software vendor. The current version operated by the City is aging and it is likely that support will not be offered in the foreseeable future. Vendor support is cdtical to major software systems used by the City. The proposed upgrade (MAXIMO 5.2) offers several benefits. Version 5.2 is a stable, mature system that has been in use for some time. A review of software development indicates the version should be stable for another ten years. Version 5.2 shifts from a client based system to a web based system. Web based systems do not require individual software licenses for every personal computer or device used by the City. Web based systems are more easily optimized for Wi-Fi usage. While the primary focus of the contract is to provide a software upgrade, there will be new functions and work flow processes implemented as well. CONTRACT SUMMARY: The contract summary is attached. See Exhibit B. PRIOR COUNCIL ACTIONS: September 25, 2001 - Presentation on CMMS by the chief executive officer of EMA, Inc.; October 30, 2001 [] Ordinance appropriating $400,000 into the No. 4010 Water Fund (Ordinance No. 024644); Ordinance appropriating $400,000 into the No. 4200 Wastewater Fund (Ordinance No. 024645); and Motion authorizing the City Manager or his designee to execute a contract with EMA, Inc. in the amount of $800,000 for a Computerized Maintenance Management System for the Water and Wastewater Departments (M2001-407). September 26, 2002 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 with EMA, Inc. in the amount of $1,276,000 for a Computerized Maintenance Management System (M2002-328). November 18, 2003 - Motion authodTing the City Manager or his designee to execute Amendment No. 2 with EMA, Inc. in the amount of $1,090,000 for a Computerized Maintenance Management System (M2003-418). EXHIBIT "A" Page I o1' 2 PRIOR ADMINISTRATIVE ACTIONS: Various Dates - Administrative approval of fee and work task realignments needed to facilitate implementation. June 8, 2004 - Award of Amendment No. 3 to EMA, Inc. FUTURE COUNCIL ACTIONS: · Approval of Amendment No. 5 for FY2004-2005 to complete implementation. · Council will be requested to authorize a contract to upgrade CMMS software. FUNDING: Funding is available from the FY2004-2005 Annual Operating Budget. RECOMMENDATION: Approval of the motion as presented. C:~D OOU ME- l\User~OOALS- l\Ternp~MAXlMO~ KG.doc EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY Consultant will provide the City with a technical upgrade to convert the City's MAXIMO software from version 4.11 to version 5.2. Coordinate the technical upgrade with functional analysis and associated system modii~cations and enhancements completed as part of the City's ongoing reengineedng program. A. BASIC SERVICES SCOPE Task 1. Environment Set-Up. Consultant will install MAXIMO 5.2 on the City's development and production servers with the default vendor configuration, install the Actuate report server, install the MAXIMO Enlerprise Adapter, and install the developers' kit. This task assumes the following involvement by City personnel: MIS server specialists wilt procure and install the servers specified in Exhibit E and provide assistance as needed to ensure servers are operational; MIS database administration staff will load, configure and tune Oracle database instances as needed to support the MAXIMO databases. Task 2. System Design. Consultant and City of Corpus Chdsti Staff will develop a system configuration design (tailored to business process decisions developed as part of the reengineedng program) and provide to MIS technical staCf for review and approval. This task assumes the following involvement by Cit7 personnel (several hours): MIS database and application administral~on staff and network and server specialists will review the design document. Task 3. Data Conversion. Consultant will convert data [rom MAXIMO 4.1.1 to MAXIMO 5.2 in the Test Database and will review the results w~ the City's MAXIMO system administration staff ensuring that the conversion has been successful and version 5.2 is fully functional utilizing the city's converted data. This task assumes the following involvement by City personnel: MIS Database Administrator will provide periodic assistance to ensure there is adequate table space in the Oracle databases. MAXIMO administration staff will review the conversion results (several hours). Task 4. License Conversion and Software. In accordance with the licensing strategy developed as part of the reengineadng program, Consultant will coordinate the conversion/upgrade of the City's MAXIMO 4.11 licenses, provide new MAXIMO 5.2 licenses, and provide licenses of MRO's MAXIMO Enterprise Adapter software (needed for 5.2 interfaces). New licenses will be inclusive of one year's maintenance, so the City will not incur mainlenance fees on any additional 5.2 software until FY 2005-06. The City of Corpus Christi will only be billed for the actual licensing costs incurred by EMA on behalf of the City. Any additional software purchases not specifically outlined in the i~nal project plan will require pdor approval from MIS management staff before contract negotiation for that software is began. Task 5. Extension and Interface Convemion and Component Testing. Consultant will migrate existing application extensions, customizations, and reports to version 5.2 and will test each component individually as specified in the §nal project plan. Consultant will migrate existing interfaces to MAXIMO Entarpdse Adapter. Consultant will coordinate this task with City reenginearing program activities to develop and test MAXIMO functional modifications and enhancements. (See Exhibit A). This includes any necessary changes to the MAXGIS application and its inter[ace with MAXIMO and any other existing system interfaces, i.e. HTE. EMA must request and receive authorization from MIS management before beginning development on any software customizations that were not idenlJfied in the ~nal project plan. This task assumes the following involvement by City personnel: Database administration staff will provide pedodic assistance to ensure sufficient table space and to tune databases as needed; system administration staff will provide pedodic assistance to vedf,/test outcomes; server specialists will provide pededic assistance to ensure servers are opera~donak Task 6_ Technical Training and Technical Support During Go-Live. City MAXIMO system administration staff will attend MRO classes pursuant to Exhibit B. Consultant will train system adminislrators on-site pursuant to Exhibit B. Consultant will be on-site to provide technical support dudng the ~go-live" pedod. This task assumes the following involvement by City personnel: M.a0'(IMO system administration staff will attend pre-requisite courses (roughly 10 days) and will receive on-srte training [rom Consultant (5-10 days). Exhibit B Page 1 of 2 Task 7. Post-Implementation Support. Following the go-live pedod, Consultant will provide Cib/system administrators with 80 hours of technical assistance (trouble-shooting, coaching, and/or additional enhancements). Consultant will document the support requests received and the time required to provide the support (as supplemental information to the percent complete noted on the invoice). Task 8. Project Management and Task Coordination. Consultant will coordinate all tasks in this scope in conjunction with ongoing reengineedng program activities that rerate to the upgrade Consultant will provide technical qualib/assurance i~or all system extensions, customizations, reports, and interfaces. Table '1 - Summary of Fees: Task T1. Environment Set-Up T2. System Design T3, Data Conversion T4, UCense Conversion and Software T5, Extension and Interface Conversion and Component Testing T6, Technical Training and Technical Support During Go-Live T7. Post-Implementation Support TS. Project Management and Task Coordination Total Fees Cost $7,000 $70,000 $13,000 $100,000 $150,000 $25,000 $15,000 $60,000 Exhibit B Page 2 of 2 9 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: October 26, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a twelve- month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's cooperative purchasing agreement in the amount of $50,232.60. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. ISSUE: Hardware must be maintained to allow for continued operation of the Police Department's Records Management, Computer Aided Dispatching, Mobile Data, Automated Vehicle Locator and Video Imaging Systems and to ensure that it stays compatible with other systems. A maintenance agreement for September 1,2004 through August 31,2005, was established with the Texas Department of Information Resources for maintenance services of the hardware and operating system and interoperability software. Hewlett Packard will perform the services. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: City Council authorized the odginal maintenance agreement with the Texas Department of Information Resources, with services to be provided by DEC, on July 11, 1995. City Council authorized a twelve-month hardware maintenance agreement with the Texas Department of Information Resources on August 26, 2003. FUNDING: Amount Budgeted Source of Funds $50,232.60 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gedcke, P.E. Director of MIS Attachments: Exhibit A - Service Agreement BACKGROUND INFORMATION The Computer Aided Dispatch and Records Management Systems run on the Open VMS operating system and the recommended hardware at the time of the purchase was a VAX system, purchased from Digital Equipment Corporation (DEC). As the system was upgraded and enhanced, CCPD needed more disk space, etc. Thus, Alpha Servers were purchased from DEC. DEC has been sold to Compaq Computer Corporation and in turn Compaq was recently sold to Hewlett Packard Computer Corporation. A maintenance agreement was established with the Texas Department of Information Resources for maintenance services of above mission critical hardware as well as operating system and interoperability software. Hewlett Packard will per[orm the services. 321 JOHN SARTAIN CORPUS CHRISTI, TX 78401 Equipment Locahon: CORPUS CHRISTI POLICE DEFT 321 JOHN SARTAIN Telephone: 361-8~6-2537 I~' Service Office Location: For Ag~emem estior~, Call: If ~stmd ~ a Qaalaricrn. ~?~ pde~ threated v611 be hono't~l t[tix~u~ O5-~ A N-0~ Services are aubjeol to lip Term~ ~nd Condit ~ ~ Sale and Service, Ex~iblx El6.anda'q~ Sup~rt Service~ Exhibit SS5 CUSTOMER: Name By Authorized Representative Printed Authorized Representative Line Item Mode[ No Ser/Serv ID Description/Location/Adjustment Eft Date Se~lces wlll be provided through 31-AUG-OS SERVICE AGREEMENT PAGE I OF 6 Ser~4ce Agreement No: 7MT005475 Agn~ement PO. Number: , Ag2~ementTerm: From 01-SEPt4 Thru 31-AUG-O~ Invoice Fr~uency: Annually Type: 6 EDI: N Commencemenl Date: 01-SEP44 Credit Card: Transaction: New Dale TOTAL MONTHLY CHARGE: HEWLE'IW-PACKARD COMPANY: $4,186.05 By Authorized Representative Dale Printed Authorized Repre~enlative Prepaxed/lnitiated By Date Service Level M-F Sa su R Exmpt Qty Unit Price Monthly Price **** GROUP: SgfWR 28,007 QT-SL~-TF PW 32 MUL SYS 100 LIC NVLS OI.-SEP-O4 New Version Lleeme Svc 24 24 24 A 28.008 QT-~LK~A-TD PW 32 MUL SYS 25 LIC N~LS 01-SEP-04 New Version Lkt~ae Svc 24 24 24 A C0m~q C~mpu~r CoerCion i~ ~ wholly, o~'~ ~idi~ or H~wlea-P~ck~rd Company SERVICE AGREEMENT PAGE I C~omer;Va'~e: COm'US~ZmO~nPOUC~D~~r' ~4~v~?/ :: , r~tatrmzrcWu~.. Line Item Model No. Ser/Serv iD Descript~onf-ocafion/Adjus~ent Eft Date Service Level M-F Sa Sa R Exmp~ Q~y Unit Price 2 OF 6 I Monthly Price BRONZE NT MAIN LISTI - TIER3 Sy~ Type.~e~4: PCENV / CORPUSF'TWR1 CSC Accel #: 745~18 34.0~) QR-SMBM1-Y3 $18,66 $143,29 **** GROUP: HRDWI~E **** 2.007 DSRVB-AA AG724M7108 DS200 RS232 TRMSV 120V W/LIC OI-SEP44 BIIIC Serdce 0~ ~) 00 I 35.0~ $35.00 Equipment contact iJ: JANET WALTON 361-88 S-2~34 Comp~ C~ter Coq~omlio n J,, wholly~m~xl ,ub~idiary 0 f Hewle~l-P ~c]~rd Co~rg~n¥ SERVICE AGREEMENT PAGE C~wmer Name: COI~.PUS CHi~STI~POI~CEDEPT ~'~fc~lRr~,rt~o~ ~ : ~ '~I~3d.~;K?NTHL Y CHARG'E. 4.3GB Wide W/~nap In Carrier Encl for 4SBIF1CD~IcLI20V Exp UnlL 7 der, 16-blt SCSI DEC~erver 900TM 32 MJB Corm DEC~u~ 90~ Power Supply HSDI0 16MB RCACHE DS~I AR CON RECOVER-ALL SERVICE DECServlce 24 24 24 R 01~EP-~I DECService 24 24 24 R 01-SEP-O4 DECSerHce 24 24 24 ~ 01-SEP-04 DECServlce 24 24 24 [~ UDAP 92.95 3 OF 6 Monthly Price ~'~'~ a, Comp~ c~p~,. Co.mo. i,~ ~,ho,y-o,~.l ~idi~, orH~,~, v.~ c~.y SERVICE AGREEMENT PAGE 4 OF 6 I Cu,tomerNOme: CORt~Us CFi~ISTI POLICE DL'PT ~erv~.4gr~em~ntNa:: TCY1'~LMONTttLYCH:'~GE: ~$4,I86-0s I Line Item Model No Ser/Serv ID 314,0~9 DS-KZICF-VW 314.010 DS-BA35X-HH 314,016 D,~-SWhO~AA * 314.017 DS-TZ89N-TA '~ 314,013 QT-MTGAE-L~' Description/Location/Adjustment Eli' Date ASVR 1200 5/533~ 256MB~ OVMS 13.00% ALLOWANCED(A Du=l Chi PCI to USCS[ Ad,pier 13.00% ALLOWANCFffX~ 43GB 7100P~PM UItraSCSI SBB 13.00% ALLOW ANCE.C'Y.A ULTRA 70 SCSI CONTR 6~MB CACH 13.00% ALLOWANCE?J~. ASVR 1200 256MB MEMORY OPTION Service Level M-F Sa Su R Exmp~ QB/ 24 24 24 A I 24 24 24 A 13 24 24 24 A I 24 24 24 A 1 24 24 24 A 16 Unit Price Monthly Price 2431 $2431 Monthly P~c~ *** UNADJUSTED MONTHLY CHARGE Elempt from UPLII~Y $$30.00 Exempt from DISCOUNT $257.00 Compaq Computer Cotqx~lk~ n ia a wl~tly-o'~r,~ ~b,iai~y o£a,wl,u-~km-d C~m[,~ay SERVICE AGREEMENT PAGE 6 OF 6 I cusmmerN,~t,e: CO'RPUS CHRISTI POLiCE DEI~ :: 5 ~/?"ee~cer~rNo) ;..2-, ~ ~ ::r~'fALIClO'Z~TBL¥CYI.~L : $./I,186.05 : I Linc Item Model No, Ser/Serv ID Description/Location/Adjustment Eft Date Service Level M-F Sa Su R Exmpt Qty Unit Pdce Monthly Price 5.00% DBA DISCOUNT/DB 8.00% MULTI-YEAR DISCOUNT-K/YD 43,00% ALLOWANCE/XA ~'** ADJUSTED MONTHLY CHAHGE 10 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by Gretchen Arnold on the success of the 2004 "Conquer the Coast" bicycle ride OUTSIDE PRESENTER(S): Name TlflelPosiflon Gretchen Amold Director Organization Pollution Prevention Partnemhlp BACKGROUND: On September 25, 2004, the City of Corpus Christi hosted the 2004 "Conquer the Coast" bicycle dde around Corpus Christi Bay. Gre{chen Arnold, Director of Pollution Prevention Partnership and coordinator of the event will brief Council on the event's success and economic impact. REQUIRED COUNCIL ACTION: None Powerpoint · Conquer the Coast conquer the coast Conquering the Coast · 700 participants · 270 traveled to Corpus Christi · Washington State, Delaware, Pennsylvania, Kentucky conquer the coast Conquering the Coast · 880 gallons of water · 200 gallons of sports drink · 750 pounds of oranges · 800 pounds of bananas · 3000 energy bars · 300 large pizzas · 900 pounds of ice conquer the coast Conquering the Coast · 11 portable potties · 2,000 traffic cones · 800 t-shirts · 60+ s~gns and banners conquer the coast Conquering the Coast · Over 40 local businesses involved through providing goods and services or sponsorships conquer the coast Conquering the Coast · $412,208 in business sales · $363,000 in household income · 87 full time equivalent jobs conquer the coast Conquering the Coast Saturday, October 1, 2005 conquer the coast 11 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Dale: October 26, 2004) Case No,: 0904-06, Klm CoI~ Trusle~: A change of zoning from a "A-I" Al~tment House Di~a-ict to a "B-4' General Business District. The property is on 6.59 am-es out of Tract 1 in a d~xl to Kim Cox, recorded as Docu~lent No. 2003039114 and being a portion of Lots 13 and 14, Seffdon 55, Flour Bluffand Enema] Farm and Garden Tracts, located on the southeast of Waldron and Graham Road. plannin~ Commisaion and Staff's Ree..ommendmtion (09,t22/~4'~: Approval of"B-4~ General Business District R~lues~d Council Action: Approval of "B-4" General Business District. Puroose of R~ueae. To change zoning from "A-I" to 'B4". At this time thc Owner has no spegific (Leveiopment plang, however, ffhe desires to develop it commercially or sell it as co, nn,ercial property he will ]lave the rgzOning completed. Summ~r~: · Applicant is requesting a change of zoning from "A-l" Apmtment House District to a "B-4"General Business District to develop or sell the property as co,,,,,,ercial. · The subject property is a 6.59 acre trant of undeveloped land with ~onlage along Waldron Road, an arterial and Gndmm road, a collector. Typically, one acre is needed for each 10,000 square feet of commer~al s~orc are& Thc subject property could possibly be developed with a 65,900 square foot commercial building. A 65,900 square foot commercial budding would generate 2,61M average daily trips. Waldron ~cl Graham Roads could support an increase in traffic generated from futu~ commercial uses. · Wtm:t/waslewater demand for the subject property is projected at 13,180 gallons with a selid waste demand of 1,647 lbs. daily_ The subject prop~zty is in pro.miry to undeveloped prolymy zoned with a "B-4" District to thc north, an "R-lB" District to the south developed as a church, to the east a large undeveloped "A-I" Apmhucnt House Dislrict mitt and "B-I' District area developed as a convcaicnc© store and to thc west an undeveloped "A-I" District area_ A "B-4' District allows for taft,repair, bars, lounges, and taverns, as well as aa increase in signagc for the Waldron and Cnalmm Roads corridor. The "B-l" District would limit freestanding signage to one (1) forty (40) square foot sign with a mmdmum height of twenty (20) feet. The requested "13-4" District provides for unlimited sign,age as to anm and height. Multiple f:iccstanding signs would be allowed onder thc "B-4" Dislrict. The "B-l" and "B-4" Dislrict provide for unlimited wall sigllage and prohibit placement of the sign on the roo£ Agenda Memorandum October 26, 2004 Case No. 0904-06 (Klm Cox, Trustee) Page 2 The Flour BluffArea Development Plan future land use map recommends medium.density residential and neighborhood commercial development. A modification to the future land use map from medium.-density residential and neighborhood commercial to general commercial could be recommended due to the subject property adjacency to an arterial and collector intersection. Furthermore. the requested "B-.4" District is an extension of the "B-4" District to the north. Al~l~iicant's Position: The applicant concurs with Planning Commission's recommendation. Notification: Of the nine notices mailed to the surrounding property owners, one was returned in favor and none were received in opposition. The applicant/owner returned a notice in favor. The 20% rule is not invoked. This case is considered noncontroversial. MNG/FGMJer Attachments: 1) Zoning Report 2) Planning Cormm/ssion Minutes 3) Ordinances H:\PLN-D1RXSHARED~ERMA\WORD~AGENDMEMX2004\0904-05 AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0904-06 Planning Commission Hearing Date: September 22, 2004 Applicant: Klm Cox, Trastee Owner: Same as applicant Agent: Coym, Rehmet & Gutierrez Engineering, Inc. - Da,Ad L. Nesbitt, R.P.L.S., L.S.L.S. Legal Description/Location: Being 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Docurnent# 2003039114 and being a portion of Lots 13 and 14, section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Waldron Road and Graham Road. From: "A-I" Apartment House District To: "B-4" General Business Dislrict Area: 6.59 acres Purpose of Request: Unspecified commercial development Zoning Existing Laud Use Future Land Use Site "A-1" Apartment House Undeveloped land Medium-density District residential and neighborhood commercial North "B-4" General Business Undeveloped ]and General Commercial District South "A-I" Apartment House Undeveloped land Medium-density District residential Ecat "A-I" Apartment House Undeveloped land Medium-density District residential West "A-l" Apartment House Undeveloped land and Medium-density District and "B-I" convenience store residential and Neighborhood Business neighborhood commercial District City' Council Zoning Report Case No. 0904-06 (Kim Cox, Trustee) Page 2 Area Development Plan: Flour Bluff- The future land use map recommends medium~lensity residential and neighborhood commercial for the subject property. A change of zoning to a "B4" District requires an amendment to the future land use map. Map No.: 035031 Zoning Violations: None Applicant is requesting a change of zoning from "A-I" Apartment House District to a "B-4" General Business Dista'ict to develop or sell the property as coinmercial. The subject property is a 6.59 acre tract of undeveloped land with frontage along Waldron Road, an arterial and Graham Road, a collector. Typically, one acre is needed for each 10,000 square feet of commercial store area. The subject property could possibly be developed with a 65,900 square foot commercial building. A 65,900 square foot commercial building would generate 2,684 average daily lrips. Waldron and Graham Roads could support an increase in traffic generated from future commercial uses. Water/wastewater demand for the subject property is projected at 13,180 gallons with a solid waste demand of 1,647 lbs. daily. The subject property is in proximity to undeveloped property zoned with a "B-4" District to the north, an "R-lB" District to the south developed as a church, to the east a large undeveloped "A-i" Apartment House District a'act and a "B-I" District area developed as a convenience store and to the west an undeveloped "A-I" District area. A "B-4" District allows for auto-repair, bars, lounges and taverns, as well as an increase in signage for the Waldron and Graham Roads corridor. The "B-I" District would limit fi'eestanding signage to one (1) forty (40) square foot sign with a maximum height of twenty (20) feet. The requested "B4" District provides for unlimited signage as to area and height. Multiple freestanding signs would be allowed under the "B-4" District. The "B-I" and "B4" District provide for unlimited wall signage and prohibit placement of the sign on the roof. The Flour BluffArea Development Plan future land use map recommends medium-density residential and neighborhood commercial development. A modification to the future land use map from medium-density residential and neighborhood corrmsercial to general commercial could be recommended due to the subject property adjacency to an arterial and collector intersection. Furthermore. the requested "B-4" District is an extension of the "B-4" District to the north. ~ ~ Street Type ~ ~ Waldron Road Arterial Paved Section Volume (2OOl) 100' R.O.W. w/70' Bk. to 20,860 a.d.t. Bk. paved section Zoning Report Case No.0904-06 (Klm Cox, Trustee) Page 3 Graham Road Collector 70' R,O,W. w/48' Bk. to Bk. 680 a.d.t, paved section Platting of the subject property is required prior to issuance of a building permit. The Flour Bluff Business Association has meet with staffon several occasions to discuss providing more business opportunities along Waldron Road. This request for a "B4" District on the subject property allows for future business development along the Waldron Road comdor. Approval of the "B-4" General Business District Approval of the "B-4" General Business District Notices Mailed - 9 Favor - 1 + Applicant/Owner Opposition - 0 (As of October 13, 2004) RE DIAMOND SUBDIVISION A-1 Subject Parcel 55 B-4 A-1 FLOUR BLUFF GARDENS UNIT 2 T-lA T-1B/SP/86-O'9 ENCINAL FARM & G FLOUR BLUFF GAS PLANT UNIT 3 55 A-lISP /99-09 FLOUR BLUFF MDN 09-07-04 Notice Map NORTH 0 150 300 i:eet Zoning Report Case No.0904-06 (KLm Cox, Trastee) Page 4 Excerpts of Planning Commission Minutes Case No. 0904-06 - Kim Cox Trustee September 22, 2004 0904-06 - Kim Cox, Trustee REQUEST: Change in zoning from"A-l" Apartment House District to "B4" General Business District, resulting in a change of land use from medium-density residential to general commercial. Excerpts from Zoning Report Legal Description/Location.- Being 6.59 acres out of Tract 1 in a deed to Kim Cox, recorded as Document (4 2003039114 and being a portion of Lots 13 and 14, section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Waldron Road and Graham Road Purpose of Request: Unspecified commercial development Area Development Plan: Flour Bluff- The future land use map recommends medium-density residential and neighborhood commercial for the subject property. A change of zoning to a "B-4" District requires an amendment to the future land use tnap. Department Comments: The Flour Bluff Business Association hax meet with staff on several occasions to discuss providing more business opportunitiex along Waldron Road. This request for a "B- 4" District on the subject property allows for J~ture business development along the Waldron Road corridor. Staff Recommendations: Approval of the "B-4" General Businexs District Mrs. Faryce Goode-Macon, City Planner, provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were nine notices mailed. One was received in favor and none in opposition. Vice Chairman Stone opened the public hearing. No one appeared to be in favor or opposition. The public hearing was closed. A motion was made by Smith and seconded by Pusley to approve staffs recommendation. The motion passed unanimously. H:~PLN-DIR\ERMA\WORD~ZONI~PTSL20~4~ZONING REPORT 09044)6.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KlM COX BY CHANGING THE ZONING MAP IN REFERENCE TO 6.59 ACRES OUT OF TRACT I IN A DEED TO KlM COX, RECORDED AS DOCUMENT NO. 2003039114 AND BEING A PORTION OF LOTS 13 AND 14, SECTION 55, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, FROM "A-l" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of Klm Cox, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 22, 2004, during a meeting of the Planning Commission, and on Tuesday, October 26, 2004, dudng a meeting of the City Council, in the Council Chambers, at C~ Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No, 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast portion of Waldron and Graham Road, from "A-l" Apartment House District and to "B-4" General Business District. (Exhibits I and 2) ( Map 035031) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Page 2 of 3 SECTION 4. That to the~extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (l) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 26~h day of October, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED October. 21, 2004 City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Page 3 of :3 Corpus Chdsti, 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/~ve, 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, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola M~rk Scott .... =o~oo~ CITS OF C.~]. DEV SF~ PAC~S 03/0B STATE OF TEXAS § COUNTY OF NUECF_.S § 6.~9--ACRE TRACT FIELD NOTES to describe the boundar~ of a 6.59 ~cre tract ~ of a 1~.89g a~ ~ d~b~ ~ T~ I in a d~ to ~m ~x ~ ~ in ~m~t ~003039114 of the O~dfl R~ Nu~ ~. T~ a~ ~ing · ~on of ~t 13 ~d 14, S~on 55. ~ B~ ~ E~ F~ ~d ~en T~ a ~p ofw~ch is r~ed ~ Vo~e & P~ 41 ~ 43. M~ R~ Nu~ County, T~ ~d 6.594~e BEGIN'NI~G a~ a poim in the east right of way line of W&ldron Ro~l on the south line of said Lo~ 13 for lhe northw~ comer of Lot 6, Block 1 Flour Bluff Gardens Uak 2 ~s recorded in Volume :36, P~ge 177. M~p Records, Nueces County, Texas and the ~NC'T~ N-2~'4(}'-00'LE, a~ong said right of' way. a distance of' 760.00' to a bend poim in the west line of this tract; T~3NC~ N-32°-26'-01"-E, eom'irming Bong ~id ~ of way, a dist~e~ of 100.18' to point ~ thc ',vest l/nc of this tract; TI:I~NC~ ~long said o~u've, an ~ro l~ngth of 15.71' to tim point of t~tg~noy, ~id point being in tim rig~ of way of Crraham Road and tim upper northwest corner of this tr~; THENCE, S-6~-O0'-00"-E, along .~aid rigin of way and the north line of said Tra~t 1, a distance of 2~4.00' to the nortbeam comer of this ~ TIIENC~ S-29~-00'-00"-W, a distance of 960.0~' to the notxh llne of s~id Lot 6 mad the south l/ne ofssid Tract I fi:ri' the southeast corner of this tract; TII:F_~CE, N-61°-00'-00'-W, a distm'~e of 300.00' to the POINT OF BEGINNING · ndc, ontainin8 6~9 acr~ oflan~ more or less. This d~--'ripfion is compiled fi.om informmion of re~ord and do~ not r~pr~sent a survey COYM, REHM~ & E N G ll~I'E ERIN G , ]NC. Job No. 96560 Page 1 of 1 12 AGENDA MEMORANDUM PUBLIC H~ARING - ZONING (City Council Action Date: October26, 2004) Case No.: 0904-07 Eric Zarghouni: A change of zoning from "R-lB" One-family Dwelling District to "B-I' Neighborhood Business District. This property is located in Yarbrough Addition, Lots 2 and 3, and located along Airline Road and 600 feet south of Holly Road. Planning Commission and Staff's Recommendation (September 22, 2004]: Approval of the requested "13-1" Neighborhood Business District Requested Council Action: Approval of the requested "B-I" Neighborhood Businesa District P~rl~se of Request: Applicant requesting a change of zoning to "B-I" Neighborhood Business DisMct for the development of a retail/office complex. Summary: · The subject property consists of two (2) lots with a total area of 0.$4 acre. D~molition of the existing residential styucture on Lot 2 is planned. · A two-story retail/office complex consisting of 8,000 square feet is proposed on the subject property · Water/wastewatcr demand for the retail/office complex is projected at 1,080 gallons per day with a solid waste demand of 200 lbs. daily_ · Thc subject property has d~rect access to Airline Road, a.n arterial. Traffic generated by the proposed use at 325 average daily trips wilt have rmmmal impact on the adjacent steer system. · The Southside A.rea Development Plan recommends the subject property develop as commercial, Properties north and south of the subject property were rezoned to a ~B-I" Dis~ict in 2003. Approval of the "B-I" Ehstrict fulfills the objectaves of the Southside future land use plan, AI}l}lieant's Position: Same as Staff Notification: Of the 11 notices mailed to the surrounding property owners, none were returned m favor or opposfition. The 20% rule is not invoked. This ease is con0d~red no,~controversial. , - Michael N. Gunning, AICP 6/ Assistant Director of Development Seawsees MNG/FGMflb Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinances H:WLN-DIR~HARED~ERM A\WORDLa. GENDM Etv~2004~9044}SAGENDAM EM O.DOC ZONI'NG REPORT Case No.: 0904-07 Planning Commission Hearing Date: September 22, 2004 Applicant: Eric Zarghouni Owner: MelanJe Pawlik Agent: James Mirabal Legal Description/Location: Yarbrough Addition, Lots 2 and 3, located along Airline Road and 600 feet south of Holly Road. From: "R-lB" One-farmly Dwelling Dis~iet To: "B-1" Neighborhood Business Dis~ict Area: 0.54 acre Purpose of Request: Retail/office complex Zoning Site '~R-1B" One-family Dwelling Dislnct North "B-3" Business District South "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District East "B-4" General Business District West 'B-3" Business District EaSsting Land Use Low-density residential General commercial Vacant lot and office General commercial and undeveloped land General commercial and office Future Land Use Neighboflmod commercial General co...ercial Neighborhood co~ial General commercial General CO.a.ercial Area Development Plan: Southside - The future land use map rcCO.u.cnds the area to transition fi'om low-density residential uses to neighborhood commercial uses. The requested "B-1" District is consistent with the Plan. Map No.: 42034 Zoning Violations: None Zoning Report Case No. 0904-07 (Eric Zarghouni) Page 2 Applicant requesting a change of zoning to "B-I" Neighborhood Business District for the development of a retail/office complex. The subject property consists of two (2) lots with a total area of 0.54 acre. Demolitton of the existing residential structure on Lot 2 is planned. A two-story retail/office complex consisting of 8,04)0 square feet is proposed on the subject property Water/wastewater demand for the retail/office complex is projected at 1,080 gallons per day with a solid waste demand of 200 lbs. daily. The subject property has direct access to Au-line Road, an arterial. Traffic generated by the proposed use at 325 average daily trips will have rnmimal impact on the adjacent street system. The Southside Axea Development Plan recommends the subject property develop as commercial. Properties north and south of the subject property were rezoned to a "B-I" District in 2003. Approval of the "B-I" District fulfdls the objectives of the Southside future land use plan. Street Type Paved Section Volume (2001) Airline Road Arterial 80' R_O.W. w/48' Bk. to Bk. 39,674 a.d.t. paved section Holly Road Arterial 80' R.O.W. w/48' Bk. to Bk_ 12,180 a_d.t. paved section The subject property is platted. September 2003, Lots 4 and 5 south of the subject property were re-Zoned to "B-1" Neighborhood Business District. October 2003, Lot 1 north of the subject property was re'zoned to "B-I" Neighborhood Business District. Zoning Report Case iNo~ 0904-07 (Eric Zarghouni) Page 3 Approval of the "B-I" Neighborhood Business Distxict. Pending. Number of Notices Mailed - 11 Favor - 0 Opposition - 0 (As of September 15, 2004) Atlachment: Zoning Map A-1 FARM & GARDEN TRACT UNIT B B~I 8 8 ,, 4 B-4 ect Pa FLO~JR BLUFF & ENCINAL FARM & GARDEN TRACT o B-4 0 _z B-4/SF HOLLY OAKS FLOUR BAur-IF &~ R-lB B-1 B-1 A-2 /96-02 HOLLY OA~ R-2/SP /96-02 A-lISP/86-01 MDN 09~7~4 Notice Map NORTH 0 150 300 Feet Zoning Report Case No. 0904-07 (Eric Zarghouni) Page 4 Excerpts From Planning Commission Minutes Case No. 0904-07 - Eric Zarghouni September 22, 2004 0904-07 - Eric Zarghouni REQUEST: Change of zoning from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District, resulting in a change of land use from low-density residential to neighborhood commercial. Excerpts from Zoning Report Legal Description/Location: Yarbrough Addition, Lots 2 and 3, located along Airline Road and 600feet south of Holly Road. Purpose of Request_ Retail/office complex Area Development Plan: Southside The future land uae map recommendx the area to transition from low-density residential ases to neighborhood commercial uses. The requested "B-1 "Diatrict ix consistent wtth the Plan. Department Comments: September 2003, Lots 4 and 5 south of the subject property were rezoned to "B-I "Neighborhood Buainess Dixtrict. October 2003, Lot 1 north of the subject property was rezoned to "B-I "Neighborhood Business District. Staff Recommendationx: Approval of the "B- l " Neighborhood Buxiness Dixtrict. Mrs. Goode-Macon promded graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were I 1 notices mailed. None were received in favor or in opposition Vice Chairman Stone opened the public hearing. Salazar asked if the zoning were changed to "B-I", could one still live there if they decided to keep it residential. Mrs. Goode-Macon stated they could still live there. The public hearing was closed. A motion was made by Salazar and seconded by Zamora to approve staff's recommendation. Pusley asked if"B-l" allowed signs to be painted on the building. Mrs. Goode-Macon stated that it did allow for murals and signs on the walls. Pusley asked if that was problematic in this area. Zoning Repor~ Ca~e No. 0904-07 (Eric Zarghouni) Page 5 Mrs. Goode-Macon stated that signs are an issue with staff at this time but they felt that "B-I" was the lowest Business District the City has that can promde the applicant what they want to develop along with getting limited signage. Stone stated that we had a motion and a second to rezone to "B-I". The motion passed unanimously. Page 1 o~ 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ERIC ZARGHOUNI BY CHANGING THE ZONING MAP IN REFERENCE TO YARBROUGH ADDITION, LOTS 2 AND 3, FROM "R-lB" ONE FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Eric Zarghouni, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 22, 2004, dudng a meeting of the Planning Commission, and on Tuesday, October 26, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Yarbrough Addition, Lots 2 and 3, located along Aidine Road and 600 feet south of Holly Road, from "R-lB" One-family Dwelling Distdct to "B-1" Neighborhood Business District. (Map 42034) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That lo the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the C~ty of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 26~ day of October, 2004. A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED October 21, 2004 r City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Page 3 of 3 Corpus Chdsti, 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 City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott 13 AGENDA MEMORANDUM PUBLIC Itl~.MtlNG - ZONING (City Council Action Date: Octal~ 26, 20~4 ) A) Caze No.: 0904-09 Robert L. and Dahlia Sc. hula, and E. Stanton Shoemaker: Amending the Zoning Ordinance, upon application by Robot and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markmnay Estales ,a.k.a. Alta Vista on the Bay along Ocean Drive approximately 200 feet south of Hewit Drive and 11210 feet north of Alta Plaza Sweet, (currcmtly zoned "R-lA" On~-£amily Dwelling District with a Specific Use P~xmit for a Bed and Breakfas~ Home) by gnmfing a ranewal of the Specific Use Permit for a Bed and Breakfast Home; ,~mending the Compreheasive Plan to account for any &wiahons f~om the existing Compr~aensive Plan; providing for publication; and declaring an emergency. B) Case No.: 0904-10 Rol~rt L. and Dahlia Schulte and E. Stanmn Shoemaker, Amending the Zoning Ordinance, upon application by Rob~ L. and Dahlia Schulte and E. Stanton Shoemaker by ch~nging the zomng map in reference to Lot 2, Markamay Estates, ~.k_a. Alta Vista on the Bay along Ocean Drive approximately 200 fe~'t somh of Hewit Drive and I00 feet north of Alta Plaza Stxect, fi-om "R-lA" One-fumily Dwelling District with a Spocific Use Permit for a Bed and Break-fa~t Home to "R-lA" One-family Dwelling Dis~ict with a Specific Use P~mJt for a Bed and Brea~a,vt Home with Special Events; mending the Comprehensive Plan to account for any deviations fi-om the e:~ing Comprehensive Plan; providing for publication; and declaring an plalmine Commi~ion and Stuff*! Recommendation (09f22/04): A) Denial of Renewal Permit for Bed & Breakfast Home. B) Denial of the Roquest for a Bed & Br~ckfast Home with Special Events. Reaueaged Council Action: A) ~ of Renewal Pvnuit for Bed & Breakfast Home. B) Denial of the Request for a Bed & Breakfast Home with Special Events. Puroose ofl~e Request: The Schulte's / Shoemakers seek to both expand and legitimize the "Ocean Houae' Bed & Breakfast Summa?w: The applicants submitted a request to nm~w theft' ~cistmg Specific Use Permit (SUP) for a Bed & Breakfast Home (B&B) approved conditionally by City Council for one year on October 14, 2003. In addition, the applicants soek to expand the B&B Home to include Special Events. City Council is requested to ~ the public hearing on both items since they are iah*renfly related. Staff recommends that action be taken first on the SUP for the B&B Home as it po~ing to the renewal p~,~it and the B&B Home portion of the pending SUP application. Should City Council deny the B&B Home use, the request for Special Events is also considered denied since there can not be a Special Events openmon without a pexmit for the B&B Home. Aoolicant's Position: Approval of the SLIP for a B&B Home with Special Events subject to the following conditions: 1. USE: The Specific Use Permit allows a bed and breakfast home with Special Events and limited to current operators, Robert and Dahha Schulte and E. Stanton Shoemaker. 2. SPECIAL EVENTS: For the purpose of this pcrmat, the defmitinn of an "Event" is any gathering for consideration of 20 guests or more. A gathering of less than 20 guests ~s not an "event." 3. ANNUAL SPECIAL EVENTS: The number of Special Events shall not exceed 29 events per year. 4. HOURS OF EVENTS: ~he Special Events are limited to the hours between 8:30 am and 10:00pm. Specxal Events between 8:30 am. and 10:00 am are limited to breakfast meetings. 5. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed 100 people. OFF STREET PARKING: One (1) off stxeet parking space for each bedroom in the bed and breakfast home and two (2) parldng spaces for the residence. Offslreet parking for all Special Events will be valet parking. Ocean Drive or any ad. loinmg stxeets will not be used for parking. 7. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax shall be provided upon written request by the City to the applicants. 8. SPECIAL EVENT SECURITY: Security for Special Events that serve alcoholic beverages must be provided by a minimum of one security officer for guest between 20 and 50 and two security officers for guest between 51 and 100. 9. MusIc: Live music containing electric guitars, drums or amplified instruments or systems are protubited. A microphone is pc~.dtted, but limited in usage to toasts, announcements, or speeches. No amplified sounds of any type after 10:00 p.m. 10. REFUSE RECEPTACLES: A commercial type trash dumpster shall not be pe~rmitted on the property. 11. TIME LIMIT: TI'as Specific Use pen'mt shall be valid for a period of five (5) years from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard z~ning application fee is charged for the renewal. Notification: Of the 35 notices mailed to thc surroundmg property owners, none were renu'ned in favor and 10 were received in opposition. Staffalso received six notices fi.om outside the 200-foot notification area. The 20% rule Is invoked with 24.71% in opposition. This case is Mghly cpntroversial. , Mici~ael N. Gtahnmg, AICP L/ Assistant Director of I)evelopment Services Attachments: 1) Zoning Report 2) Planning comrmssion Minutes 3) Request Letter 4) Ordinances H:XP LN-D [R~ Hgd~ED~ERMA\WO RD~kGENDMEM~2004~0904 q)9 AGENDAMEMO.doc Back, round: Applicants have requested a renewal of a Specific Use P~nfit (SUP) for a B&B (Case No. 0904-09) and approval of a SUP (Case No. 0904-10) authorizing Special Events for the property known as "Ocean House". On October 14, 2003. City Council approved a SUP for a bed and breakfast home subject to renewal one year fi.om the approval date. The SUP ordmanco authorizing the existing B&B Home pertmts five bedrooms, ten lodgers, one parking space for each bedroom plus two parking spaces for the residents, evidence of payment of the hotel/motel mx, no amplified sounds of any type alter 10 p.m and prohibition of a trash dumpster, Under the pending SUP application for a B&B with Special Events (Case No. 0904-10), applicants are requesting a B&B Home with Special Evmsts. They propose to limit the Special Events to twenty- nine per year. A special event as defined by the ~glicant is any gmhermg of twenty guests up to 100 guests. Functions with less than twenty (20) guests would not be considered a special event. Other restrictions proposed by the app[icantx are s follows: Special Events to be scheduled by the applicants would be limited to the hours between 8:30 8. m and 10:00 p.m_ Special Events occurring between 8:30 8-m and 10:00 ~_m. would be limited to breakfast meetings. Entertainment for any Special Event is limited to string quartets and mariachi music. Live music core. seal of elec~ic gultsrs, drum sets and M,,,.,,lifled instruments are prohibited. Off-sU-eet parking for all events will be accommodated by valet parking with no parking of vehicles along Ocean Drive or adjoining s~a'eets. The parking area is to be located in a nearby church parking lot area. Parking for lodgers is provided along the rear of the property. Additional Background: On September 22, 2004, the Plunnmg Commission reviewed the SUP application request for a B&B with Special Events and unammonsly recommended donial of the B&B Home as well as the Special Events. Based on public testimony and written opposition fi.om neighborhood resfidents within the 500 font notification area and from outside the nofico area, the C,~,l,,,,i~sion found that over the past year the applicants con6_nued to hold Special Events with catered activities in violation of the existing permit for a B&B Home. Subject property has direct ac.~ess to an arterial, Ocean Drive. However, findings indicate that tmflq¢ generated by the use has Waversed the adjoininE residential areas. The alleyway located along the rear of the subject property provides access for the Hewitt Subdivision to the west. Staff has n~ceived complaints that the alleyway is often congested due to the bed and bn~akfast guest parkinE Section 25-A-1.03 (1) enlitled Specific Use Permit Regulations (SLIP) of the zoning ordlnmace state's that a SUP O~all not be ~9~ted unless the use complements or is compatible with the surroututing uses and community facilities. A B&B Home with Special Events is not compatible to the surrounding residential area. The subject property is penmttod as a B&B Use without Special Events. Smffis aware that Special Events have taken place. Occurrences of these activities have alerted staff to revisit the compatibility issue of the use in the neighborhood, ffthe operator continues to hold such events in violation &the approved SUP, then the B&B Home use should also be tx:~,,,inated. CITY COUNCIL ZONING REPORT Case No.: 0904-10 Planning Commission Hearing Date: September 22, 2004 ~1 a Applicant: Robert L. Schulte, Jr., Dahlia Josephine Limas Schulte and E. Stanton Shoemaker ~ ~ Owner: E Stanton Shoemaker ~ ~n a. Agent: Robert L. and Dahlia J. L. Schulte · -~ ~ ~ Legal Description/Location: Alta Vista on the Bay, Block 5, Lots 2 through 5, located along a, ~ Ocean Drive and approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street. From: "R-lA" One-family Dwelling District To: "R-lA" One-family Dwelling Dis~ct w/th a Specific Use Perrmt for a Bed and Breakfast Home w/th Special Events Area: 0.79 acre Purpose of Request: Expanding the Bed and Breakfast Home use to a Bed and Breakfast Home use with Special Events. Site Zoning "R-lA" One-family Dwelling District North "R-lA" One-family Dwelling District South "R-lA" and "R-lB" One- farmly Dwelling Districts East "R-I A" One-family Dwelling District West "R-lA" One-family Dwelling District Existing Land Use Low-density residential with a bed and breakfast home use Medium-density residential Low-density residential Vacant lots and low- density residential Low<lensity residential Future Land Use Low-density residential Medium-density residential Low-density residential Low-density residential Low-density residential Area Development Plan: Southeast - ~lae future land use map recommends low-density residential for the subject property. Map No.: 43041 Zoning Violations: None Zoning Repofl Case No. 0904-10(Robefl L. and Dahlia Schulte and E. Stmaton Shoen~ker) Page 2 Applicants requesting a Specific Use Permit (SUP) for a bed and breakfast home with special events for the property lmmvn as "Ocean House", located along Ocean Drive between Hewitt Drive and Alta Plaza Street. October 14, 2003, City Council denied a SUP for a bed and breakthst home with special events, but approved a bed and breakfast home subject to renewal one year fi.om the approval date. The applicants intend to proceed in renewing the current SUP through City Council action if the requested SUP for a bed and breakfast home with special events is denied. The current bed and breakfast home consists of five (5) bedrooms accommodating the applicants and a maximum often (10) guests. According to Section 3-1.06.1 and 3-1.06 2 of the zoning ordinance, a bed and breakfast home is limited to five (5) bedrooms and not to exceed ten (10) lodgers. Occupancy lirmtations of the bed and breakfast home are in compliance. Applicants are requesting a bed and breakfast home w/th events. Such events are limited to twenty-nine (29) per year, as proposed by the applicants. An event is def'med by the applicant as any gathering for consideration of twenty (20) guests and up to 100 guests. Funchons with less than twenty (20) guests would not be considered an event as proposed by the applicants. Events schedule by the applicants are limited between 8:30 a.m and 10:00 p.m. with special events between 8:30 a.m. and 10:00 a.m. lirmted to breakfast meetings. Entertainment for the events is limited to stnng quartet and mariachi music. Live music composed of electric guitars, dram sets and amplified instalments are not proposed by the applicants. Off-street parking for all events will be valet parking. Valet service will not park vehicles along Ocean Drive or any adjoining street. Such parking will occur in a nearby church parking lot area. Parking for lodgers is provided along the rear of the property. Subject property has direct access to an arterial, Ocean Drive. However, findings indicate that traffic generated by the use has Waversed the adjoining residential areas. The alleyway located along the rear of the subject property provides access for the Hewitt Subdivision to the west. Staff has received complaints that the alleyway is often congested due to the bed and breakfast guest parking. Section 25-A-1 03 (1) entitled Specific Use Permit Regulations (SUP) of the zoning ordinance state's that a SUP shall not be granted unless the use complements or is compatible with the surrounding uses and community facilities. A bed and breakfast home with events is not compatible to the surrounding residential area. The subject property is permitted as a bed and breakfast home w~thout events, however staffis aware that events on the property have taken place. Occurrences of events have alerted staffto revisit the compatibility issue of the use in the neighborhood. If the operator continues to have events on the subject property regardless of the regulations of the approved SUP, then the bed and breakfast home use should be terminated. Zoning Report Case No. 0904-10 (Robert L and Dahlia Schulte and E. Stanton Shoemaker) Page 3 ~ Street Type ~ Ocean Drive Arterial r.~ Paved Section Volume (2001) 100' R.O.W. with 76' Bk. to 25,130 a.d.t Bk. paved section The subject property is platted. On September 11, 2004, Development Services staff investigated a complaint regarding a special event occurring at 3275 Ocean Drive This address known as "Ocean House" is permitted as a bed and breakfast home without special events. The complainant informed staffthat a Butler rental track delivered chah's and tables at the "Ocean House" earlier that day. Furthermore, it was stated that guest were parking cars along the front of "Ocean House", on adjacent side streets and at First Baptist Church on Ocean Drive. The complainant could not con£n-m if live music was occUrrmg at this event. Staff arnved on site at 9:25 p.m. and did not fred any cars parked on the street and observed that four cars were parked in the driveway. Two uniformed catering staffwas observed leaving the premise and music was not heard from "Ocean House." Staff was welcome by Mr. Shoemaker and observed that approximately eight guest were in the house. Mr. Shoemaker informed staff that one of his bed end breakfast guests had invited approximately thirty people over for a small gathering. Since the gathering (special event) had concluded, a citation was not issued. On October 14, 2003 City Council denied the request for a Bed and Breakfast Home with Events and in lieu, approved a Bed and Breakfast Home subject to renewal one year from the date of approval. Zoning Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. Stanton Shoemaker) Page 4 Denial of the Specific Use Permit for a Bed and Breakfast Home with Special Events and approval of a Specific Use Permit for a Bed and Breakfast Home. In the event a Specific Use Permit for a Bed and Breakfast Home with Special Events is considered for approval the following conditions submitted by the applicants are offered: 1. USE: The Specific Use Permit allows a bed and breakfast home with special events and limited to current operators, Robert and Dahlia Schulte and E. Stanton Shoemaker. 2. SPECIAL EVENTS: For the purpose of this perrmt, the definition of an "Event" is any gathering for consideration of 20 guests or more. A gathering of less than 20 guests is not an "event." 3. ANNUAL SPECIAL EVENTS: The number of special events shall not exceed 29 events per year. 4. HOURS OF EVENTS: The special events are limited to the hours between 8:30 am and 10:00pm. Special events between 8:30 am. and 10:00 am are limited to breakfast meetings. 5. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed 100 people. 6. OFF STREET PARKING: One (1) off street parking space for each bedroom in the bed and breakfast home and two (2) parking spaces for the residence. Off street parking for all special events will be valet parking. Ocean Drive or any adjoining streets will not be used for parking. 7. HOTEI.fMOTEL TAX: Evidence of payment of the hotel/motel tax shall be provided upon written request by the City to the applicants. 8 SPECIAL EVENT SECURITY: Security for special events that serve alcoholic beverages must be prov/ded by a minimum of one security officer for guest between 20 and 50 and two security officers for guest between 51 and 100. 9. MUSIC: Live music containing electric guitars, drums or amplified instruments or systems are prohibited. A microphone is permitted, but lirmted in usage to toasts, announcements, or speeches. No amplified sounds of any type after 10:00 p.m. 10. REFUSE RECEPTACLES: A commercial type trash dumpster shall not be permitted on the property. 11. TIME LIMIT: This Specific Use Permit shall be valid for a Period of five (5) years from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard zoning application fee is charged for the renewal. The Planning Commission voted denial of the Bed and Breakfast Home with Special Events due to public input during the hearing concerning the use being inappropriate at this location. Various property owners in proximity to the subject properly expressed that excessive traffic and parking along the alley and street areas were generated by the use. Thc surrounding property owners continued by stating that Special Events were occUmng on the property which were a clear violation of the approved Specific Use Permit authorized by City Council. Planning Commission expressed that generally the "Ocean House" Bed and Breakfast Home has been a well operated use, however the location is inappropriate. Zomng Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. Stanton Shoemaker) Page 5 ~ ~ Number of Notices Mailed - 35 I~ ';~ Favor - 0 ~ g Opposition - 10 L)c~ ~ (As of October 13, 2004) Attachment: Zoning Map Site Plan H:WLN-DIR\ERMA~WOKDX. ZONRPTSX2004kZONING KEPORT 0904-10.DOC Zoning Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. Stanton Shoemaker) Page 6 EXCERPS OF PLANNING COMMISSION MINUTES CASE NO. 0904-1 O-Robert L. and Dahlia Schulte and E. Stanton Shoemaker September 22, 2004 0904-10-Robert L. and Dahlia Schulte and E. Stanton Shoemaker REQUEST: Change of Zoning A Specific Use Permit for a Bed and Breakfast Home in a "R-IA" One- family Dwelling District to a Specific Use Permit for a Bed and Breakfast Home with special Events in a "R-lA" One-family Dwelling District, resulting in a change of land use fi.om low-density residential with a Specific use Prmdt for a Bed and Breakfast Home to low-density residential with a Specific Use Permit for a Bed and Brealct'ast Home with Special Events Excerpts'from Zoning Report Legal Descriptton/Loeation: Alta Vista on the Bay, Block 5, Lots 2 through 5, located along Ocean Drtve and approximately 200feet south of Hewit Drive and l OO feet north of Alta Plaza Street. Purpose of Request' Expanding the Bed and Breakfast Home use to a Bed and Breakfast Home use with Special Events. Area Development Plan: Southeast - The future land use map recommends low-density restdential for the subject property. Department Comments: On September 11, 2004, Development Services staff investzgated a complaint regarding a special event occurring at 3275 Ocean Drive. This address known as "Ocean House" is permitted us a bed and breakfast home without special events The complainant informed staff that a Butler rental truck delivered chairs and tables at the "Ocean House" earlier that day. Furthermore, it was stated that guest were parking cars along the front of "Ocean House ", on adjacent side streets and at First Baptist Church on Ocean Drtve The complainant could not confirm if live music was occurring at this event. Staff arrived on site at 9:25 p.m. and did not find any cars parked on the street and observed that four cars were parked in the driveway. Two uniformed catering staff was observed leaving the premise and music was not heard from "Ocean House. "Staffwas welcome by Mr. Shoemaker and observed that approximately eight gu~'t were in the house. Mr. Shoemaker reformed staff lhat one ofh~s bed and breakfast guests had inwted approximately thirty people over for a small gathering Since the guthermg (special even0 had concluded, a cttation was not ~ssuect On October 14, 2003 City Council denied the request for a Bed and Breakfast Home with Events and in lieu, approved a Bed and Breakfast Home subject to renewal one year from the date of approval. Staff Recommendations: Denial of the Specific Use Permtt for a Bed and Breakfast Home with Spectal Events and approval ora Specific Use Permit for a Bed and Breakfast Home. In the event a Specific Use Permit for a Bed and Breakfast Home with Special Events considered for approval the following conditions submitted by the applicants are offere& 12. USE: The Specific Use Permit allows a bed and breakfast home with special events and limited to current operators, Robert and Dahlia Schulte and E. Stanton Shoemaker Zoning Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. Stanton Shoemaker) Page 7 13. SPECIAL EVENTS.- For the purpose of this permit, the definition of an "Event" is any gathering for consideration of 20 guests or tnore. A gathering of less than 20 guests is not an "event." I4. ANNUAL SPECIAL EVENTS: The number of special events shall not exceed 29 events per year. ]5. HOURS OF EVENTS: The special events are limited to the hours between S: 3O am and l O:OOpm Special events between 8:30 am. and 10:00 am are litnited to breakfast meetings. 16. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed l O0 people. 17. OFF STREET PARKING: One (1) off street parking space for each bedroom in the bed and breakfast home and two (2) parking spaces for the residence. Off street parkingfor all 5pecial events will be valet parking. Ocean Drive or any adjoining streets will not be used for parking. 18. HOTEL/MOTEL TAX' Evidence of payment of the hotel/motel tax shall be provided upon written request by the City to the applicants. 19. SPECIAL EVENT SECURITY: Security for special events that serve alcoholic beverages must be promded by a minimum of one security officer for guesl between 20 and 50 and two security officers for guest between 51 and 100. 20. MUSIC' Live music containing electric guitars, drums or amplified instruments or systems are prohibited. A microphone is permitted, but limited in usage to toasts, announcements, or speeches. No amplified sounds of any type after 1 O: O0 p.tn. 21. REFUSE RECEPTACLES: A commercial type trash dutnpster shall not be permitted on the property. TIME LIMIT: Thts Specific Use Permit shall be valid for a pertod offive (5) years from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard zoning applicatton fee is charged for the renewal. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 35 notices mailed. Thirteen were received in favor and six in opposition. Nme were received from within 2000 feet in favor. There were also 120 notices received in support from beyond 2000 feet. Zamora asked Ms. Bailey in reference to the zoning report and the complaint investigated, what is in place for enforcing these restrictions. Ms. Bailey stated she had given her cell number to Mrs. Alvarado. She called on a weekend. Ms. Bailey dispatched a senior building person. Ocean House was concluding an event and was not cited. Typically staff goes home at 5:00 p.m. and there is not enforcement after that. Pusley asked if stuff had received numerous calls about special events taking place on the property. Mrs. Bailey stated there were more than a few. Vice Chairman Stone stated that speakers would be limited to three rrdnutes and opened the public hearing. Mrs. Brook Sween-McGIoin, 3301 San Antonio Street, stated she was opposed to the bed and breakfast home as well as the special permit. Il is inappropriate commercial use. The parking they have for the B&B use is inadequate. The special events have been problematic in terms of noise. She asked if Dr Shumate lives there. She did not understand how this could he a B&B home. It is a five unit residence and if Dr. Shumate and Mr. and Mrs. Schulte also live there, are they only renting out three units. She asked how they negotiated with staff to have ten lodgers if three people akeady live there. She would like to see that investigated. Zoning Report Case No. 0904-10 (Robert L. and Daklia Schulle and E. S~anton Shoemaker) Page 8 Mr. David Crow, 18 HewitL President of the Hewitt Homeowners Assocmtion, stated he was in opposition. He asked if everyone received a copy of his letter and their resolution. Stone replied yes, and asked how many events he had seen in the last year. Mr. Crow stated he could not say but there is constant activity. Dr. Katherine Hershman, 33 Hewitt Drive, stated that they shared an alley with Ocean House which is the only access to their home for their vehicles. She has concerns of the use and activity going at Ocean House. She previously stated to City Council she was opposed to having this or any commercial business in their residential neighborhood. When the Planning Cormmssion approved this about ten months ago, they were not aware of feelings of the majority of the neighborhood. One reason the neighbors did not make their feelings know was a result of a letter received from Dr. Shumaker that contained a personal guarantee that if the neighbors would stop publicly voicing their complaints about his code violations, he would discontinue posting these events. The letter also stated in the upcoming weeks he would be selling the property and implied the business operations would cease. Due to the timing of the letter and the actions of Dr. Schumaker and the Schultes observed since then, Dr. Hershman is convinced the letter was to mislead residents while they turned Ocean House into a commercial party house. They have taken advantage of others in the neighborhood. They should not be granted a specific use pon-nit for special events or a bed and breakfast. Mr. Bill Alley, 3335 San Antonio Street, asked why the sign had 0904-09 and 0904-10. He asked what happened to 0904-09. Mrs. Goode-Macon stated that 0904-09 is being held until the outcome of 0904-10 is detenmned. Case 0904-09 would be the renewal of the bed and breakfast. A big issue is off street parking provided by valets. People do not use this and park on both sides of the street. This is dangerous and someone could be injured or killed. He is opposed to the renewal. Mr. Joe Miller, 39 Hew/tt, is concerned that Ocean House devalues their homes which would result in lower taxes to the city, the county, and the schools. He stated that if past performance is an example of what they will do in the future, he is afraid these special events will continue to cause problems and harm the neighborhood. He stated one could dance in the back yard without having to pay for a band and asked that the commission deny their application. Mr. Stewart Sasser, 45 Hewitt, wanted to confirm the 20% rule. Mrs. Goode-Macon stated that the rule is for 20% of the notices sent returned by property owners in opposition. He asked Mrs. Goode- Macon to name who returned notices in opposition. Mrs. Goode-Macon read the list. He stated his was missing which represented the entire Homeowners Association. He urged the Commission to enforce the city's zoning ordinances and not allow this to continue. Mr. Bob Shulte, 3275 Ocean Drive, stated that over a year ago the Commission voted in favor of both the bed and breakfast permit and a special use permit for special events and recommended this to Council. They were denied the special use permit by one vote. He stated they had no special events which would disqualify them. They had 10 to 12 events this year and as a result of last year, they were being policed. They were accused of having events when they were not in town. He stated they send email to City Council when have anything is going on as they are supposed to do. They hosted a neighborhood party with 35 to 40 people but it was not a special event. Mr. Shulte read an email from Councilman Javier Colmenaro conflrrmng Ocean House had notified council members of events that were going on. Mr. Schulte stated he went into details on the notifications and had sent them 10 to 12 times this year. Zx*nin g Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. Stanton Shoemaker) Page 9 Mr. Shulte stated Ocean House hosted weddings and fundraisers for nothing. He stated lhey had turned down 17 weddings this year. If they were not in line to get permitting, they don't do them. He stated he emailed Ms. Bailey after the code compliance officer came when the complaint was made. It was the first time anyone had come by in a year. He checked with the Police Department and there were no complaints. The accusations keep coming. There have been no deliveries in the back alley since November, 2002. Chairs are delivered in the front driveway. They have won awards for excellence. In the past year Ocean House had been investigated because supposedly they had not paid various taxes. TABC had received two anonymous accusations against them. Ocean House has been in existence since 1937 and has operated as a bed and breakfast for the last six years. Mr. Shulte took over the operation two years ago with the intent to someday own it. They had adhered to what they were allowed to do. They met with City attorneys to clarify what they could do. Mr. Shulte stated that Dr. Shoemaker lives in Ocean House. Mr. and Mrs. Shulte moved out and were staying with friends. When they do rent out all five rooms, Dr. Shoemaker goes to a hotel. Mr. Schulte read a letter from a neighbor, Mr. Regan Stone, 3227 and 3221 Ocean Drive, who is cm~ntly out of out of state. The letter stated he never saw any evidence of Ocean House being noisy or disruptive to the neighborhood. This area hosts many functions, political fundraisers, graduation parties, etc. He was never aware of any functions getting out of hand. Ocean only has quiet music Mr. Stone likes to stay at nice bed and breakfasts when he travels and believes Ocean House is a benefit to the community. Kelly Sasser, 45 Hewitt, stated that the Southeast Area Development Plan reads a bed and breakfast in a residential neighborhood is slrongly discouraged. The plan clearly states that fi-om Ayers to Alameda, rezoning to higher density multi-family or commercial uses is sh'ongly discouraged. They did not oppose the bed and breakfast last year but did oppose special use perrmt. At this point, she feels a lot of the neighbors don't want the bed and breakfast. Special Use permits should not he allowed in any neighborhood. All of the neighbors bought their property under conditions and it is not right to have to defend themselves against this to protect their property values. She encouraged the Commission to vote against this. Mrs. Shirley Smith, 21 Hewitt, stated she had done a lot of remodeling to her home and yard. She had put brick around the driveway to keep cars out of her yard. The bricks are constantly broken and the driveway is constantly muddy from cars turning around in it. She is tired of cleaning it and tired of the broken bricks. This is not a business area and we should vote against this. The public hearing was closed. Pusley asked if this request is for both a bed and breakfast with special use permit. Mr. Gunning stated it was for a bed and breakfast home with a special use permit for special events. Mr. Gunning stated that for a motion to approve, certain findings have to be made in accordance to the ordinance. Zoning Report Case No. 0904-10 (Robert L. and Dahlia Schulte and E. S~nton Shoemaker) Page 10 Pusley stated this is tough issue. He is not comfortable with any place for a bed and breakfast in a neighborhood. This is a high profile location that gets a lot of attention. It has continued to be a problem. He stated it is better to deny all of it. Stone asked if that was a motion. Motion by Pusley and seconded by Salazar to deny special use permit and the bed and breakfast home. Smith stated there is merit to what Ocean House does and how they do it. Ocean house had promise and has won awards. It seems to be the right operation in the wrong place. This is an impossible situation for the proprietors of Ocean House and it will continue. Pusley agreed this is the right operation in wrong place. Because of the high profile location, it will continue to attract the things we've heard whether they are mae or not. It is hard to fred a unique place to have weddings. This is the wrong place for it. Salazar stated he did support this last year and Mr. Shulte did a good job. He would not want a bed and breakfast next to his house. One reason he supported this before was not a lot of people opposed it at that time. Ordinance and statures were set so that neighbors do have a say. The Shulte's have put in a lot of time and effort and it is a great place to go. There is enough negative input from community that he can not support this. Stone asked for a vote. Mr. Gunning clarified the motion means denial of both the special use pen'mt for both the bed and breakfast home and the special events. The motion passed unanimously. Corpus Christi Bay R-lB R-lB R,-1A MDN 09~7~4 Notice Map C~.~ ~000~., Z 0 NORTH 0 150 300 Feet EAN September 3, 2004 Mr. Miguel S. Saldana City Planner City Of Corpus Christi 2406 Leopard Slxeet, Suite 101 Corpus Christi, Tx. 78401 Ref; Ocean House Permit Renewal and SUP Mr_ Saldana. Enclosed are the two applications that you have requested. The first is the renewal for the Bed and Brealffast Only Permit and the second is the Application for a Bed and Breakfast/Special Event PermiL We will also be submitting letters of support from our neighbors at the hearing, Thank you again for your assistance. i ~:} :: ,~.Robert L Schulte Jr_ / ' ' -' Dahlia Josephine Limas Schulte ~9~ ,3-, 5 Ocean Drive Cr~rpll,, Chrbli. Texa~ 361/892 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBERT AND DAHLIA SCHULTE AND E. STANTON SHOEMAKER BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, MARKAMAY ESTATES, A.K.A. ALTA VISTA ON THE BAY ALONG OCEAN DRIVE, APPROXIMATELY 200 FEET SOUTH OF HEWIT DRIVE AND 100 FEET NORTH OF ALTA PLAZA STREET, (CURRENTLY ZONED "R-lA" ONE-FAMILY DWELLING DISTRICT WITH A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME) BY GRANTING A RENEWAL OF THE SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council reviewed the report and made a recommendation concerning the application of Robert and Dahlia Schulte and E. Stanton Shoemaker, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, a public headng was held on Tuesday, October 26, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. WHEREAS, the City Council has made all requisite affirmative findings as per the Zoning Ordinance Sec. 25A-1.03 and Sec. 25A-3.03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council finds, under Sec. 25A-1.03 of the Zoning Ordinance that the use will: (1) complement or be compatible with the surrounding uses and community facilities; (2) contribute to, or enhance, or promote the welfare of the area of request and adjacent properties; (3) not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance; (4) not be detrimental to the public health, safety, or general welfare; and Page 2 of 4 (5) conform in all other respects to all applicable zoning regulations and standards; The City Council also finds, under Sec. 25A-3.03 of the Zoning Ordinance, that in its opinion, as a matter of fact, based on the evidence, the adoption of this ordinance will not substantially affect adversely the use of adjacent and neighboring properly permitted by the Zoning Ordinance. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by renewing the Specific Use Permit for a bed and breakfast home on Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Ddve, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street, (currently zoned "R- lA" One-family Dwelling District with a Specific Use Permit for a bed and breakfast home). (Map 043041) SECTION 3. That the Specific Use Permit granted in Section 2 of this Ordinance is subject to a site plan attached as Exhibit A and the following eight (8) conditions: USE: The Specific Use Permit allows a bed and breakfast home and limited to the current owners/operators, Robert and Dahlia Shulte and E. Stanton Shoemaker. 2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms. 3. LODGERS: The number of lodgers permitted at any one time shall not exceed ten (10) lodgers. 4. OFF-STREET PARKING: One (1) off-street parking space for each bedroom in the bed and breakfast home and two (2) parking spaced for the residence. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon wdtten request from City official and along with submission of renewal request. MUSIC: Live music containing electric guitars, drum sets, or amplified instruments shall not be permitted. A microphone limited to toasts, announcements, or speeches may be permitted. No amplified sounds of any type shall be permitted after 10:00 p.m. 7. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the property. TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1) year from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset the cost of advertising. Page 3 0[4 SECTION 4. That the official Zoning Map of the C~ of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 2 of this ordinance. SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 6. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon wdtten 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 26~h day of October, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED October .21, 2004 City Attomey Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Page 4 of 4 Corpus Chdsti, 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, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROBERT AND DAHLIA SCHULTE AND E. STANTON SHOEMAKER BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, MARKAMAY ESTATES, A.K.A ALTA VISTA ON THE BAY ALONG OCEAN DRIVE, APPROXIMATELY 200 FEET SOUTH OF HEWIT DRIVE AND 100 FEET NORTH OF ALTA PLAZA STREET, FROM "R- lA" ONE-FAMILY DWELLING DISTRICT WITH A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME TO "R-IA" ONE- FAMILY DWELLING DISTRICT WITH A SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME WITH SPECIAL EVENTS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Robert and Dahlia Schulte and E. Stanton Shoemaker, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 22, 2004 during a meeting of the Planning Commission, and on Tuesday, October 26, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Specific Use Permit for a bed and breakfast home with special events on Lot 2, Markamay Estates, ak.a. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Ddve and 100 feet north of Alta Plaza Street (Map 043041),currently zoned "R-lA" One-family Dwelling District with a Specific Use Permit for a bed and breakfast home. SECTION 2. That the Specific Use Permit granted in Section I of this Ordinance is subject to a site plan attached as Exhibit A and the following twelve (12) conditions: USE: The Specific Use Permit allows a bed and breakfast home with special events and limited to the current owners/operators, Robert and Dahlia Schulte and E. Stanton Shoemaker. Page 2 o[ 4 2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms. 3. LODGERS: The number of ledgers permitted at any one time shall not exceed ten (10)lodgers. 4. SPECIAL EVENTS: The number of special events shall not exceed forty (40) events per year. HOURS OF EVENTS: The special events are limited to the hours between 8:30 a.m. and 10:00 p.m. Special events between 8:30 a.m. and 10:00 a.m. are limited to breakfast meetings. 6. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed 80 people. OFF-STREET PARKING: One (1) off-street parking space for each bedroom in the bed and breakfast home and two (2) parking spaced for the residence. Off-street parking for all special events must be valet parking to an approved parking area. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon written request from City official and along with submission of renewal request. SPECIAL EVENT SECURITY: Security for special events that serve alcoholic beverages must be provided with at least one security officer for gatherings of 20 to 50 guests and at least two (2) security officers for gatherings of 51 to 80 guests. 10.MUSIC: Live music containing electdc guitars, drum sets, or amplified instruments shall not be permitted. A microphone limited to toasts, announcements, or speeches may be permitted. No amplified sounds of any type shall be permitted after 10:00 p.m. 11. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the property. 12.TIME LIMIT: The Specific Use Permit shall be valid for a period of one (1) year from the date of the last City Council action. Renewal of the Specific Use Permit must be made and approved prior to the expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset the cost of advertising. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. Page 3 of 4 SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (I) 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 26t~ day of October, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED October 21, 2004 City Attomey Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Page 4 of 4 Corpus Chdsti, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause or 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, The 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 William Kelly Rex A. Kinnison Jesse Noyola Mark Scott 14 CITY COUNCIL AGENDA MEMORANDUM October 26, 2004 AGENDA ITEM: Consideration of an appeal by NuPAC, Inc. from the Corpus Chds'd Cable Communications Commission's decision to decedJfy NuPAC, Inc. as the Channel 10 Public Access User Group ISSUE: On October 11, 2004, the Cable Communications Commission voted to decerflfy NuPAC, Inc. as the Public Access User Group for Channel 10. REQUIRED COUNCIL ACTION: The City Charter, Article VI, Boards and Commissions, Section 2 states that an appeal may be taken to the city council f~om any decision of any board, commission, committee, or other body. Susan Cable Director of E-Government Services Attachments: Background Information City Council Procedures for Conducting an Appeal of Board/Commission Decision Summary of Rules and Procedures for Public Access CeblecastJng - Roles and Responsibilities Approved Minutes from July 19, 2004, August 30, September 27, 2004 Mernos from Time Warner to NuPAC, Inc. Letter from Commiesion Chair to NuPAC dated September 14, 2004 September 30, 2004 letter ide.[Jlying instances of noncompliance Draft minutes horn October 11,2004 Appeal notice from NuPAC, Inc. R__,~,~o~ nse from Chair of the Cable Communications Commiesion The Rules and Procedures BACKGROUND INFORMATION The franchise agreements ~ the cable operators provide for the creation of two public access channels, currently Channel 10 and Channel 18. The City Council appoints membem to the Cable Communications Commission. The City Council adopted the ordinenca establishing the Rules and Procedures for Public .~m Cablecasfing in tyro Master Cable Sorv~ce~___ Regulatory Ordinance, (the *Rules and Procedures.') City ordlnenca authorizes the Commission to ca~ a group as the 'public access use~ group' or 'PAUG' to administer the Rules and Procedures for each public access channel. City ordinence prov~es that the PAUGs are organized separately and independently from the ~ and are not boards, commissions, committees or any other subdivision of the c~. The Rules and Procedures establish cedain roles and responsibilities for the PAUG. The roles and re~bilitles for tyro PAUG am summarized below:. The PAUG organizes themselves according to by-laws, with off, cern and Board of Directors. There is only one PAUG for each public eccaes channel. The PAUG conducts tirnesiot lotteries twice a year. where producers select times for program. The PAUG receives and schedules programs. The PAUG collects applications from producars. The PAUG administers the Rules and Procedures. The PAUG establishes deadline for pickup and delive~ of tapes in cooperation ~ cable operetom. The PAUG submits user applications to cable operator. The PAUG receives and timely responds to complaints, and if necessary, the PAUG issues notices of violations of the Rules and Procadums to individual producers. The Rules and Procedures establish certain roles and responsibilities for the individual producers, which include,: Users may appeal PAUG notices of violations of the Rules and Procedures to the Commission, then to City Council. Users must complete a programming contract Users may not submit any program which contains obscene or indecent material. Users must parti~pate in the timealot lot/my. Users must obtain authorit~ for copyrighted information. Users must not submit commercial advertisements. Users must include prope~ identification on all submitted programs, properly labolad. Users must submit programming which rneefa technical sfandards and production User forfeits tirneslot until next lottery if user fails to supply tapes for two consecutive w~ek$. Users are only allowed one program to air per week, with one repeat. Section 2-180 of the City Code of Ordinances establishes a Cable Communk,a~ons Commission ("Commission') for the City, which c~msists of five rnembem. The dudes of lite Commission include: Cerl~ea a group as a 'public access user group' for each public access channel. Mediates any disputes brought to it by the PAUG. Establishes guidelines regarding commercial advertisement on public ac-~e~s channels. May recommend to City Council amendments to the Rules and Procedures. Conducts heartngs of appeals to viola'do~ noticea from the PAUG. Establishes rules and regulaflone for use of the public access channels until such time as a public access user group has been certified. The roles and responsibilities are fudher defined on the attached exhibit, Summary of Rules and Procedures for Public Access Cablecasflng, Roles and Responsibilities. In March 2003, the Commission oertified NuPAC, Inc., as the ~ user group for Channel 10 PAUG. NuPAC, Inc. is a Texas domestic nonprofit corporation, with its articles of incorporation on file with ~ Seo~ry of State. On Apdl 22, 2004, NuPAC, Inc. elected new officers. Staff met with the president and mede copies of the recently revised Rules and Procedures for disl]'ibufion to the producers. At the July 19, 2004 Commission mcc,~ng, Channel 10 producem brought complaints rega~ling the NuPAC board to the Commission 'The Commission offered suggestions for NuPAC in response to issues raised during public comment period. The Commission suggested that NuPAC take the following actions: look at by-laws carefully, look at executive board duties, review complaint process, rev~;: rules and regulations, and review roles and responsibilities. At the August 30, 2004 meeting, the minutes from that meeting provide in part: 'Chairpemon Richard Pulldo communicated that he had discussions with the Mayor, several Council Members, Time Warner, Channel 10 PAUG president Cruz Colomo, Channel 10 PAUG past president Bob Klepac, and several commissionem. Mr. Pulido recommended that the Channel 10 PAUG work as a team to resolve tape problems and compliance with City Ordinance, and that the officem hold e full membership mee~ng for Ihe group to resolve current issues and move fon~ard together. Mr. Pulido also stated that his preference was to provide pardons for complaints and begin focusing on improvements. [Commissioner] Juan Garcla expressed that the complaints were brought to the Cable Commission and should be K. O. Logan conveyed that the NuPAC board is incomplete and only one person is in charge. Mr. Pulido indicated that was an internal issue and that lhe Channel 10 PAUG must sit down togethe~ and resolve those problems_ [Commissioner] Sylvia Dance~ suggested that Channel 10 PAUG have an elec~don if the board is not complete. Cruz Colomo commented that she was told there would be no attacks dudng this meeting, that she was elected by NuPAC on April 22, 2004, and that, if Bob Klepac would have handed everything over, there would be no problems st this time._ The Commission then reviewed three memos sent ~o NuPAC by Time Wamer regarding various pubilc access programs that ware not in compliance with the Rules and Procedures. A copy of these memos is attached. The Commission also reviewed complaints filed by Jack Gordy regarding unauthorized broadcast of a program and notice of rnembership mcc'Jng, and complaints filed by K. D. Logan regarding his removal as officer of NuPAC. No action was taken by the board on these complaints. The Commissioners asked NuPAC to work together, review and amend bylaws, and distribute c~piea of the bylaws and Rules and Procedure~ to ell producers. At the September 27, 2004 masting, the Commission met in executive session to receive legal advice regarding the Commission's authority to decertify the Channel 10 public access user group and the Commission's role as an interim public a__~-:~s__ user group. The NuPAC President then updated the Commission on NuPAC activities, The minutes state:: 'Richard Pulldo asked Cruz Colomo to focus on the things she has done during her administration. Mm. Cotomo stated that the Commission needs to know what she was left with to understand her opinion. She told the Commission that she did not have access to the studio, received no documents, there were 200 tapes left from the previous edminia~'aflon, studio was dirty, no lelterhaad, Bob Klepac had ell the u'dli'dee and phone disconnected, and there was a Police Officer present during the City audit of the studio. Mr. Pulido esked Mrs. Cotomo how many meetings took place and who attended the meetings. She stated they have held about 6-8 Board of Director meetings and ~ne would get the list of rr, cc~ngs to Mr. Pulido. No other producer meetings have been held. Mm. Colomo said ~ next mccflng will be October 28, 2004. Dudng this meeting they will hold the Iottee/, address funding, and have a sgt. in arms p _reee__nt. Mr. Pulido asked Mrs. Colomo about the application process. Mm. Colomo responded they have only received a few of the applicatione and are sending to '13me Warner as they receive them, Mr. Pulido asked Mm. Cotomo if she could have all the applications for all the producem to Time Warner by October 15, 2004. Emile Bolden said he would take all the applications when he takes the tapes to Time Warner. Mr. Pulido expressed that he has heard that no~ all producers have been allowed to turn in tapes and asks rite group of pmducem who attended the mee~ng. Jac~ Gordy commented he has had problems and Bob Klepac mentioned Roland Garza has had problems but it was because of his tape formats. Mrs. Colomo stated that they have added 12-15 new producers and noted she does not have lime to addrees all the complaints. Mr. Pulldo asked Mr. Gordy how ha submits his complaints. Mr. Gordy responded that he mails one copy to Mrs. Colomo's P.O. Box and sends a copy of the complaint to the Cit~. Mr. Pulido told Mr. Gordy that Mrs. Colomo needs ample time to respond to his complaints. Susan Cable stated that the only complaints tfm City puts on the agenda am those filed with the City Secretary's Office. Mr. Pulldo and Mrs, Cotomo began discussk3ns on the studio and equipment and Norma Torras advised that the studio is not a Commissio~ issue and they cannot get involved. Mrs. Colomo stated that they were only able to use three pieces of paper from the file Mr. Klepac gave to them, they are worldng with the IRS and stat~, and she now has a laptop to use e- mail es a form of communication.' The Commission then notified NuPAC that it was going to consider decertification at the October 11, 2004 meeting for noncompliance with the Rulee and Procedures. The Commissicm directed staff to ~end a letter with an overview of ~ Rules and Procedures non. compliant issues 'w~J3 NuPAC. A letter was sent by City staff listing specific examples of noncompliance wi~ the Rules and Procedures. A copy ofthe lette~ is attached. At the October 11, 2004 meeting, the Commission considered whether to decerttfy NuPAC as the Channel 10 PAUG for noncompliance with the Rules and Proceduras. After review of the issues presented in the Sep~rnher 30, 2004 letter, the Commission voted to decerl~ NuPAC, Inc as the Channel 10 PAUG by a vote of 3 to 1. A copy of the daft minutes from that meeting is attached. NuPAC timely filed its appeal of the Commission decision. CITY COUNCIL PROCEDURES FOR CONDUCTING AN APPEAL OF BOARD/COMMISSION DECISION Prior to the appeal heating, the Appealing Party shall file a perfected appeal with the City Secretary. The Board/Commission whose decision is being appealed will be provided a copy of the appeal and given an opportunity to respond in writing. The City Council will be given the appeal and the Board/Commission's response to the appeal in their City Council packet in order to review the information prior to the heating. Responsibility of the City Council shall be to determine what the facts are and whether the facts constitute sufficient grounds to decertify NUPAC as the public access user group (PAUG). At the heating, the Mayor will have each party (NUPAC and the Cable Communications Commission) identify the person who will present that party's case. Parties are advised that each one will have a maximum of 20 minutes to present their side of the case. This means that NUPAC has a maximum of 20 minutes to present its complete case which includes both its initial presentation and its rebuttal and the Commission has 20 minutes to respond to NUPAC's initial presentation. NUPAC reoresentative to oresent its case to the Council. Commission reoresentative to oresent its resoonse to NUPAC's initial presentation. NUPAC representative oresents rebuttal. City Council questions, if any, to be asked only after all presentations have been made. Since the City Council is acting in a quasi-judicial capacity, City Council is not required to solicit general public comment. Pubhc comment will not be solicited, since testimony of each party's representatives will provide information necessary for City Council to determine the facts and rule whether those faces constitute sufficient grounds to decertify NUPAC as the PAUG. City Council deliberates and makes a decision to sustain or deny the aooeal. Summsry of Rules and Procedures For Public Access CablecastJng ROLES AND RESPONSIBILITIES City of Corpus Christi · City Council approves any recommended changes to Rules and Procedures for Public A__~_ Cablecesfing · City will give cable operators 60 days written notice of any proposed amendment to the Rules and Procedures · City shall negotiate with cable operator any disputed amendments to the Rules and Procedures, and not impose great obligations or restrict the rights of any cable operator without the written consent of that cable operator Cable Communicatlorm Commission · Certifies Public Access User Groups (PAUGs) · Mediates any disputes brought to it by a PAUG · May adopt rules regarding live feeds · May decide to add or delete formats according to current market use · Arbitrates conflicts on requests for time slots · Establishes guidelines for advertisement of commercial products or services in an a¢~_ss program · May recommend to City Council amendments to the Rules and Procedures for Public Access Cablecasfing · Conducts headng for violation appeals from users Cable Operatom · Provide free channel space on public access channels to adult residents in accordance with Rules and Procedures · Provide plug and play of public access programming according to schedule provided by PAUG · Coordinate with PAUG to establish tape delivery process · May recommend to City Council amendments to the rules · May not restrict programming, except as permitted by applicable law · May request to add or delete formats · Has no requirements to broadcast programs on defined holidays · May repeat programs as channel space allows, not to excccd one repeat per show · May not broadcast a public access program if a user or program violates one or more of the rules Public Access Ueer Groups Organize themselves according to by-laws, with officers and Board of Directors Only one access user group for each public access channel Receive an~ule programming Coordinate with Cable Operator to establish tape delivery process Administer Rules and Procedures May request to add or delete formats · Conduc~ flrneslot lotteries according to rules and procedures twice a year · Submit User Applications to cable operator Secretary determines first come, first served for occasional users ~ Receive and investigate complaints, informing producem of any program that is ttm subject of a complaint through written notification via certified mail of the violation to the individual user and the organization Public Access Producers · Users may appeal PAUG Board decisions to the Cable Commission, then to City Council · Users must complete and sign a Programming Contract · All public access programming must be produced only by Users as defined (adult resident of the City who has paid any required PAUG dues, executed a Program Contract. produces locally non-commercial programs for public access channels, and shows proof of eligibility through valid identification, a local street residence address and a local contact telephone number) · Must not submit commercial programming for public access broadcast · Must not solicit con~butions beyond defined parameters (501~)(3) status not to exceed five minutes) · Must obtain authorization for any copyrighted information · Must not submit programming which contains obscene or indecent matedal · Must include proper identification on all submitted programs · May not restrict programming, except as permitted by applicable law · Must conform to technical standards and production requirements under FCC Technical Standards (good quality, clear audio and video throughout program) · Submit programs in % ~ VHS (SP speed), Super VI-IS, or Consumer DV formats · Submit tapes rewound to beginning of tape · Submit tapes that have proper labeling, identification and length · May have one sedes, not to exceed one hour per v."~c.~, with one repeat (may substitute another program for repeat) · Must submit applications with required information to PAUG two weeks prior to each bi- annual timeslot lottery · Must participate in timesiot lottery · Forfeits timesiot until next lottery if user fails to supply tapes for two consecutive weeks for a ::'cc~ly program or two consecutive months for a monthly program · Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers · Shall be ineligible to use public access channels for 30 days if a second adjudicated violation of rules occurs within 12 months after first adjudicated violation; and for one year if a third adjudicated violation occurs within 12 months after the first adjudicated violation CABLE COMMIJNICATIOI~ COMMISSION Chainnaa Richard Pulido, Vice-Chairpe~on Nc~x~a Sylvia Dancer and Adria pnl~s ~SENT Cabb O~rator~ pn~ln Kolda, Time Warier and Michelle Johnno~ Grande CommuniSm Chairman Richard Pu.lido called the mee~n~ ~o ord,' at 7:15 pm. at KEDT TV Studio and verified the necessary quorum Th~ minutes from February 23, 2004 meeein~ we~ r~-viewed and approved. Norma Torts motioned to approve th~ minutes and Ach'ia p~l~-~os secomied the m~on. 1. MOMENT OF SILENCE FOR MARY BETH NELSON 2. ~C~DT TV PIH~-qENTATION ON HDTV 3. TECHNOLOGY I1~ ~ N~/S - Th~ Cabl~ Commlmicaiiofl5 Commi~nion memb~ g~v~l three articles. The f~st article by Designtechnica di.ncus~ th~ broadband netnvofka ~ta~ting to o~er com~tition to pay TV. The s~.~d article by Eh~uic~ou~ explni~* that consumet~ will not have to use a sc~-tap cable box to ~ceiv¢ di~ai~al tal~vi~ion programming. by Reute~ talks alxmt the possible purchase of Adelphia by ~lme Warner. 4. PUBLIC COMMENT -/ack Gordy commenuxl that lhe Channel 10 PAUG u~mb~.~hi? wm,dnE to see new techaology_ Jerome BtMford com~e~xl tl~ the Chn~l 10 PAUG have di~h, ir~ n~i~t KD LoEn~ - Jack Gordy commented that C~,~el I0 PAUG boa~l memb~t~ had scheduled mee~n? which were cancelled by Pr~id~n~ Cru~ Colomo and that CClSD broadcas~ ~i Chanr~l 10 without paying dues. Bob Klq~ac and Roland Ga.r~ corn n~n~ed about paid Time Wamer's paid adveCd~in~ oil Charme-! 10~ KD Lo~ n C< ...... ~ted th~ there were internal problems with the Channel 10 PAUG officers. Rc~ Cnu-m discussed the propose of the Cabl© Commtmicafiolls Comminnioll and s~~nt~d that f~ldiag f~a' Public Acc~ has been igno~d. Mr. Gar~ also mdicatt~ he would like to se~ more Cabl~ m~in~* and that th~ Charnel 10 PAUG I~u n~t ~funded his $20_ Cabl~ Comminsiol~ reminded Channel 10 Producers that their or~ nlr~on resolves ~ pmblemn and ~e City addresses studio problems. Commlnnion~rs emphasized the i ~rn~C~nce of ~-viewhlg and 5. REPORT FROM CABLE OPERATORS - Paula Kolda of Time Warner discussod community involveme~ partne~hi~ with I~spanic Chamber of Commerce, Corpus Chtiafi Islnndexs, Blood Bank, and launehin~ new "Kid Connect" carm?i? Paula also ~ l:hat ~ TV can provide a two way ~t~am and now available to customers ate DVR and video on 6. REPORT FROM PUBLIC ACCF_,~ U~ER GROUPS - Pmil¢ Boldgn ~ a ~ ~ ~ ~N~AC ~ ~. ill~ ~d ~&~t~ ~ &d ~ ~ ~ ~m ~i~ ~ ~, ~_ ~1~ i~ a 7. ~W OF ~~- ~.~ ~iv~ w~e ~ m ~ ~m ~mi~i~_ ~,flz ~ ~ T~ W~ ~ ~ ~il ~ ~ ~ ~ n~ ~ve ~ ~il ~ ~ ~l l0 PA~, ~ ~ ~ m ~ ~ ~ ph~ ~ ~ ~. ~ ~ ~t~ a ~ ~h~ ~ k~ k M a b~, ~ ~ve ~ 8. ~ ~DA~- S~ ~ ~ ~ ~ ~ a~ ~m. CC~D ~ 9. ~IO~ ~'~ - ~ P~ ~ ~ ~ ~- S~ j~ ~ ~i~ N~ T~ ~ ~ ~e ~ ~ ~ding ~. T~ ~ ~e foUo~ ~ f~ ~l 10 PAUO ~ ~lv¢ ~ek ~: I~k ~ ~-~ ~Uy, 1~ ~ ~v~ M ~, ~ ~im p~ ~ ~ ~ ~,lafio~, a~ ml~ ~ T~ ~ ~ a ~ ~,~ ~ 10 p~. 10. ~JO~ - N~ T~ mv~ m ~ ~ ~n~ and S~ ~ ~ CABLE COMMUNICATIONS COMbl]SSlON Aught 30, ~04 Chairman Richard Pulido, Vic~-Cbaiqaea~m Norma Torr~, Sylvia Dunce~, Adria p*t~es, and Juan Garcia Cable, ~ of E-C_~ve~ment Services, Li~a Aguilar, Assistant City Altorn~y, and Holly McCm'ty, E-Gov~ Services C,hie Ooerstor~ p~.L~ Kolda, Time Wan~ Cimirmnn Rwhnrd Pulido called the meeting to ord~ at 7:07 p.nt ~.d verified the noce~ary quorum The minutrs tim luly 19, 2004 meeting wer~ r~dewed and approval Nonna Tm motioned to approve thc SPECIAL ME~,"/'ING DATES & OBJEL-flVES - Th~ Co~minsiun reviewed upco~i.g special meeting da~es of September 27, October Ill, and November 22, 2004. Ms. Torr~ a~,~cl thn~ tbe Nov~nber 22 date be changed to November 15 due m tho Thanksgiving Holiday. J11an (~ucia motioned nad Sylvia Dancer see, o~led the motion to al~,,uve the special meeting d~t,~_ REVIEW AND DISCUSSION OF COMPLAINTS - Clmirl~San Richard Pulido co~m~,ni,'med th~ he had discassicms with tl~ Mayor, several Council Member, Tune Warner, Channel 10 PAUG preaidem Cruz Colomo, Channel 10 PAUG past [mmident Bob Klepoc, and soveral Com,.i,,iouers. Mr. Pulido nw~a~cled that the Chan~l 10 PAUO work as a team to resolve tape problem~ and comFliance with City Ordinance, and tim the officers hold a full Pulido emphasized that the best approach is for th~ PAUG to ~solv~ intern~ c~mfllcts and ilar complaix~ and begin focusing on improvenmms, luan Onrcia expre~ed that the complnint~ w{a'~ brought to the Cabl© Commi.'..qion mid shKmld be heard. K.D. Logan conveyed that the NUPAC board is incomplete .~i only one lx~on is in charge. Mr. Pulido in~rted Ch~ was an i.nt.~na] ~sue nmi ~ the Channel 10 PAUO mu~t sit dow. and r~olv¢ tho~e p~blems Sylvia Duncar suggested Cham~ 10 PAUO have an election iftbe boant is not complete. Cruz Colomo ~x~mented tha~ ~he was told there weald be no durin~ thi, meetins, tha~ she was el_,~c~___~ by NUPAC on ~ 22, 2004 and thnt, ~f Bob Klepac woald have l~nded ovcrym~ over, the~¢ would be no problem, st this lime. Mr. Pulido asked Mr. Klepac to 8iv¢ Ms. Colomo any documcn~ hc still had f~m the p~'vlous admin~t,,ti~a and motion a~ MI Commissioners Time Warner ~ of June 30.. 2004 Tune wnmc~ Lct~' to Cruz Cc4omo - Nonna Torres~ ~1 10 PAUO whcn the Rules and Pmcedu~s we~ reviewed with produce~ to conmal procedure to msum the Rules and Proco&m~ ~ be~ followecL Ms. Colomo Paala Kolda with Tune War~r responded t~ th~ a~ previewing tap~ befor~ ~ aired to know what proble,r~ could ~ when airiag. IVlz. Kolda ~ that many tapes have only a one audio track res~lf-~ in no audio, are missin8 ou~i~t~ labe~ and do no~ going to take to ~ ~ l~o~l~ns. 1~. Colomo r~oM~d ~ th~ will hav~ memb~ m~fin~ in la~ S~t~nb~' to add~ss th~ Rules and lh-t~_ a~l,,r~s and by-laws. Ms. To~es iadi,~ tha~ it would b~ halpful to produc~ if Tim~ Wam~ could I~ slx~ifi~, pa,,!a Kolda ~ ~ ~ have b~m providiag plug-n-play fo~ p _rc~,c~ to help ~a,h~ss the~ issue~, but f~ela tl~ ~1 10 PAU~ should ~l~e a mo~ a~iv¢ n~l¢ and tl~y pr~'pa~d a slx~t with tha lun~ 30 lu't~' to inform produc~ of problems. Ms. To~es n~ntion~ that flais information ahould b~ s~nt to pn:~duce~a_ Ms. Kolda also made Imowa that pmlg~,,n caa b~ r~nov~ if no mp~ ia turned in for two w~ka. Ma. Coiomo resl~nu~xl that hah be~n in plae~ aha will alway~ I~ in place. Ms_ Colomo also a m~u'im, and r~iu~t applJe~ioas th~ Ms. K~da n~ds. M~. Torr~ ~ Ms. Colomo ifthe~ is an e-mail uanYess wh~e ah~ c~n b~ ca:nmu:t~l. Ms. Colomo provided I~r e-rani! uAclr~ss, but r~,a;on~l that ~ ~,mlau~' w~ n~ worlri%u at that 1/,~wi~w of July 1. 2004 T'ua~ Warner ~ to Cruz Colomo - ~ S~llea~ not_ _,~d_ that her moth~'s monen~y ahow ai~ ~ a month plus a ~ but ~ th~ c3anged, says that Ttm~ Wam~ aay~ mo~hly shows ah' ~ with no r~at. Paula Kolda resgond~d that pun' thc Rul~s and Procaxhu~a a ill~,dhly ~ may r1~1¥¢ repe~ but to k~ ca~sist~acy, momhly shows g~t mo~ ~ enan allowed. Ms. Ton~s suggcstod thu~ the ~wa repea~ m b~ taken offto b~ falrW ev~yc~e and Juan Garda r~comm~md~d that the Rules and Pwcedux~ also be followed for monthly prog,~,,-~. Ms. Colomo said fl~y would discuss this im~ at their n~xt memlxa,~h/p mec, tin~. l~wi~w of August 4, 2004 Tim~ War~r ~ to Cruz Colomo - Time Warner request~i that th~ Channel 10 PAUG mov~ pn~p,a,,,,,~in8 Ix) ~ a block; howev~', the PAUG elected not to move auy of the pwg~rn~ ~ in ~he let~r. August 13. 2004 Cotuvla/ut o~-be a ~. ~ ~ ~. ~1~. He ~ wld ~ ~ ~ ~ ~ ~ ~ w~ ~ ~ ~ p~ ~ w ~w ~ ~ w ~ ~. ~. T~ ~k~ L~ ~ ff ~M ~ ~ ~ ~. ~ ~filnr D~ ~ ~ ~on ~ ~g ~ hold ~ ~ of~ ~AC ~o~ ~ ~ ~ p~ ~ ~ ~ ~ and that she no-vet ~ceived any ,-~n, flora Mr_ ~dy ~g ~ ~ ~ld a m~ ~. ~ ~ ~ ~ ~ ~ a ~ ~,~le ~ ~ ~ ~ ~d ~ ~ ~ a ~ve ~ p~o~ ~-~=. ~_ ~~ ~ w~d ~ ~ ~w~, ~ n~ m~ K.D. Lo~,- ComplainI lteg~rding tbnnoval ~ ~ - ~- ~ ~ ~ he ~ el~ Vi~ ~i~ of ~1 10 PAUO, ~ ~ ~ov~ ~ offi~ f~ C~mi~ f~ ~ ~ ~. ~. ~0 ~m~ ~,lin~ ~Oa of thi. ~ for ~ ~ ~ ~mun~ C~,~.a~im m~n~ Sy~ ~ m~ ~ move ~ ~im ~ n~ m~in~ N~ T~ ~ ~ ~fi~ ~ ~ Co~dasi~ ~o~ 3. REVIEW AND POSSIBLE ACTION DISCUSSION By-laws - Cruz Colomo stall thc turret by-laws do not say when they w~re adopted by ~ membe~hip. Bob Klepac ,~gondcd thru th~ RuI~ and Procedures sm~ memb~m will vo~ on eslabli~hed by-laws nnd ~e current by-law~ a~ aznca~l~k not ~mbli~he~ Ms. Torres noted that before Mr. Klepac took office, the by-laws were voted on by the PAUG membe~_hip. Rules a~d Procednrea - Jack Gonty stared tha~ the new officers wcrc g~%n copies of the Rules and Proof,rea, that he carried a box of the Rnles and Procedures to Cruz Colomo to be mnil~d to produccTS, nmi that IVls. Colomo and Mr. Bidden should not ~ay they did not know about the copies. c. Apphcatiom - DL~uasion of the applicaZion forms was postponed for thc ru~a m~m8. 4. PUBLIC COMM~NT -Mr. Gordy explained fl~.~t wlm'n a bom'd mcetin8 ~ ~ ~. ~1~o w~d ~ him ~ h~ w~d ~ ~. ~ ~ ~ ~. ~o w~d ~1 ~c ~n~.~,~t~ Jc~B~M~hc~n~~ fin~, bm ~ ~ ~vc ~ fi~ W ~ble ~ my~ ~ ~ ~ C~ ~o ~ ~ Sy~ ~r s~d e~ ~ a ~mi~ion~ ~ a p~. ~. ~o ~ ~ ~le ~1~ ~ she ~vc ~ ~ff m~ ~ ~c ~i~. ~ w~d ~ ~vc ~ p~l~ ff~h~ w~c ~nc p~. S~ ~ ~ ~ ~ ~. ~ why hc w~ a ~y ~d~akey ~ ~do~v~. ~. ~1~o ~~ ~e · i,~ ~ne ~ ~ m 8~ ~AC cl~. ~ ~ ~d ~ y~ for ~ ~. ~. ~1~ ~ ~ ~e ~ ~ f~ ~ ~ ~ Co~~ ~mmi~qi~ ~ ~i~io~ ~. ~ ~ ~ ~ h~ &~ ~ ~ Y~ ~,~ ~vc ~ ~ ~. KD. ~ ~ ~ he b ~y ~ of ~-2 ~ ~ ~ ~ ~ cv~ ~ a b~ ~. ~ ~ ~ ~ ~ ~ a~ing c~c ~ cotu~ 01~ got C~ out in ~ Of his ~mih/, and ~ h~ got l'~llOv~ b~e~,~ h~ lZe~t~J Bob ADJOURNMENT - Sylvia Dm~can' moved to adjourn th~ meOin?, and Adria pnla~os seconded the motion. Tho meeting adjourned at 10:21 p.m. CABLE COMMUNICATIONS COWlbHSSION S~ptember 27, 2004 Chairman Richard Pulido, Vice-Chairpe~on Norma Torres, Sylvia Dan~ and J,,*- Garci~ Ir. ABSEI~f Adria p~l~o~ City Sudl Susan Cable, Director of E-Government Services, Lisa Aguilar, AasistanI City Attorney, and Holly McCarty, E-Gov~mnent Service~ Cnble O~era~or~ Panla Kolda, T~me Warner Omirmnn Ri~hn~d Pu[ido called the m~fin~ to order ~ 6:07 p~. and verified tlie n~;es~ry quooim_ Chab.mn Richard Pulido c~Ued for nn Exeo~ve Session b~ak at 6:11 p.m. per the ngenda. The special meeting r~onv~ed at 7:10 p.m. Norton To~s motioned to mow ~ 3to after Item 7 on the Ag~da. August 30, 2004 me~qng were r~viewed *ha approved. Juan Cr, u ~ia, Jr. motioned to approve the minute5 and Noraxa Torres seconded th~ motim. All Cc ...... isnloo~ apin~.,¢ecL UPDATE ON ACTION BY CHANNEL 10 PAUG P~ENT - Richard Pulido a~k~d Cruz Co,omo to f13~uz on the thin? she hm done during her ndmini~on. M~. Colomo slated that the Commlnsi~ abed8 to ]mow what ~he wa.q 1~ with to undemand he~ opinion. She told the Cr~mizqion that she did not have access to the studio, received no documeut~, there w~re over the utilities ami phone c~connected, ami the~re was a Police OEBco' pres~ during th~ City audit of th~ studio. Mr. Pulid~ asked Mrs. Colomo how many me~x~ th~-y haw had with the Board of Directofa and produce~, wlm'n t:he meOin? took pla~ and who atamded tho meetin?. Mrs. Colomo r~nded ~he only went by the By-laws ,~t only ~ for two meeting. She stall they have held nbout 6-8 tk~d of~ me~n? and ~h~ would get the list of meetin~ to Mr. Ocular 28. 2004. During this meeting th~ will held the lette~, addreSS fimdln~, and have a sgt. m arms present. Mr. Pulido naked Mrs. Cotomo about the ~Iication process. Mrs. Co, omo responded they have only received a l';w of the appl~s and a~ senainE to Time Warner as producers t~ Tune W~ by ~ 15, 2004. Fmile Bolden said he would lake all the the meetly. Jack Gordy commented he Ms had pmblen~ and Bob Klepac n~nfioned l~land G-m-~ has ~d pr~01c'ms bm it was b~ause of his ta~ form~t~. IV~. Colomo stated that th~ hay0 added 12-15 n~w produc~s and not~l sl~ do~ not have time to ~ddress ail tho OOll~lnird'n, I~1'. Pulido a.skod Mr. G~n,',y how he submits his cc~plnintn Mr. Oordy r~sponded thnt he mniln one copy to M~. Colomo's P.O. Box and sends a copy of thc c~nplaint to ~he City. Mr. Pulido told IVlr' G°ntY th~ Mn-C°l°m° needs ample lim~ t° r~sp°nd t° his c°mplaints' Susan Cable ~l~d To~es ndvised that the studio is not n Commi~ion issue nnd they cannot get i~volved. Mrs. Colomo siai~d that they w~ only able to use three piec~ of paf~r ,~ ~,~ th~ file Mr. KI~ ~ve to them, tt~ are w~in~ ruth the l~ a~d state, and she now Im a ~ to use e-marl as a £~.~ Of c~mm~cat~. REVIEW AND DISCUSSION OF COMPLAINTS - Chairp~son Ricimrd Pulido be?n diso,~in~ the complalm submitted by KD. I_o~ n which was tabled from tho last meeting. Issue J~ - Mi'. Legal t~gpl-e&q~ he ~ i~llovad became of oi1~ l~on who d~id~d to remove him alld was n~ve~ mform~d when the m~clings w~re to take pla~. Mm. Colomo s~ated Eanil0 Boldm called Mr. Lo/pm s~veml times to inform him of rn~fings. She also said Mr. Logan had been L~t~ to several m~Jngs, only warned to ~ about a key to thc studio and shc aakod him how be wantai to help NUPAC bu~ he would not provide aa amwer W h~r. C~,,,,,~;~ioner No, ma Torr~ asked if this information was available rathe mimlt~ oftl~ boa~d meeting when Mr. Logan w~ voted o~t. Lisa Aguilar stated ~ there is a conflict in sections 6.01 ami 6.03 of the by-l~wa. Ms. Cable noted fl~t section 6_01 deals with offico~ who a~ elected by the Inemhe~hip. Sack (~,0rdy stated Mrs_ Colomo would call a me~Jng at the ~ of the momem. Mm Colomo mq~,a~a she always inf~med the board of dh-v, ctors at least 24 hours in advance per the by-laws. Co-i,,,~siolgr bran Garcia azk~ how many board meetin~ have been. held. M~_ Colomo rc~o~_,f, vl they have held five. Mr. Lo~a emph~iTed he never received a photo: call to inftam him of lt~ me~tin~. Juan Cmrcia moliolled ~ move this issue to the m:xt me,ting, so thw] can see thB mim~te~ of the IllBgtin~ when Mr. ~ ~ ~g;xtlovod. Sylvia ~ seconded the All Commissioners approved~ Issue 2 - Mr. Logan reque~/ed an expLoratiOn from the board of Cmrcia scconde~ All CommisL~ioners approved. Issue 3 - Mr. Logan wanted clarification on "just cause." Nom,a Torres slated the by-laws must be amended by the board of directors, not the Co.,-,;~sion. Iuan (hh-cia motioned to dismiss this issue. Sylvia Dancer secomied_ All Commi~ion~a approved_ Issue 4 - Mr. Logan slated he did not get a eh~-ee to vote on Mr. C_wrdy's reiroa~!~,mmt. M_rs. Ton~s s/ated they e~nnot make a decision on the issue because there is a hick of documentation and felt it is a by-law issue. Mr. Pulido reopened to di~mi~ this ~ Sylvia ~ s4~c..olld~L Ali Commistgio~ers disproved. at:l~ved by the Cable C~uuuonicalions Commi~qion. Mr. Gal~a ~ that lhe lel~x ~ to the Commiqion is thremtmin! ~ at the last meeain~ it wlm ~ that all lelle~ ~ would ~ J POSSIBLE Ac'rlON DISCUSSION - Commissioner Juan Garda motioned to table ~ 7a, To, and 7c. CO."ll:i~SJOIgT Sylvia Dancer seconded. All C~llllli'~io~l~ a~p~ov~L 4. OUTCOM~ OF EX]~COIIV'E SESSION - Clmir~r~m Richa~l Pulido advised Cruz Colomo thnt a me.in2 will be beld on October 11, 2004, on ~he sixth floor at 6:00 p.m. to discuss whether to decettify the Cl~.nel 10 PAUO for non-compliance with the Rule~ and Preceding, Mr. Pulido also stl~ted ltmt Iv~. Colomo is already working oll som~ of file Commi~t~ioll's l~q~lesl~ ~ asked if she could g~t all tl~ applicoIiom to Time Warner by October 11, 2004. Mn. Colomo r~:~ponded lt~ ~ c.o~ld. Commi~oner Norma Torr~ aC,,,~ that ~.__~. COIOIIIO ~ tokt at the ~ lIl~J.~a W hold a meetlng to dism'b~te tho Rules and Pn:r, edur~s to all preduce~. M~. Colomo x~:mded that someone took all the enpi~s and that all producers except for the new onea have a copy of tbe said ~ at the October ll, :2004, meeti%o, the Commi~ion ~ Ioo~ at tho ~u,r~l si~aion of TIME EWARNER CABL To: From: Date: Re: Cruz Colomo, Ch. 10 PAUG President Cc: Susan Cable, City of CorPus Chdsti Lisa Aguilar, City of Corpus Chdsti Paula Kolda June 30, 2004 Request for aclton Included in this packet: 1. List of Ch. 10 Tape Problems noted dudng the first four weeks of this lottery period. 2. Copies of complaint forms that have come to Time Warner via ccoauq- coff~olalnt~fxcd.com. 3. Current schedule for 6/27/04 - 7/3/04 We request the following actions: (~(3 Review the Rules and Procedures with producers, particularly regarding technical standards and forfeiture of time slots. (~ Review and address the emailed complaints and set up an small complaint form that actually goes to the Ch. 10 PAUG directly. ~ Address ongoing non-compliance with technical standards. (~ Remove that have not provided over two weeks in programs tapes a row. (~o HolySplrtt repeat My to a Reschedule and the of Father's House tlmeslot within the Public Access block of programming. Please call me if you would like to discuss any of the above informalJon. I look forward to headng from you. r_-t ',. eo M TIME WARNER CABL To: From: Date: Re: Cruz Colomo, Ch. 10 PAUG President Cc: Susan Cable, City of Corpus Christi Lisa Aguilar, City of Corpus Christi Paula Kolda July 1, 2004 Another updatel I've noted your request that I use your personal Post Office Box ( P.O.Box 271443, CC, TX 78427) and rm resending the informa§on thatl mailed on June 28 to the Access Studio. I'm also enclosing a copy of page 5 of the Rules and Procedures highlighting the section regarding monlflly shows. See highlighted section: "not to exceed one repeat per show.' This would mean that a monthly show would only air twice each month. To facilitate a more consistent weekly schedule, we air the monthly programs four (or five) tlme~ each month by giving them the same slot each week. That way they get the original aidng and the 3 or 4 repeats (depending on the number of weeks in the month). Please share this Information with the producers who provide monthly programs. Nso, Cruz, please note a second section that is highlighted on this page of the rules: the part about user applications. I know you never received these from the lottery but we still need to have copies. You may never see the ones that were provided for this la_st lottery so you rn_a~need to ask them to_fill outnew ones. Thanks for Iooldng Into thiS, And lastly, as we discussed, let's plan an afternoon session with your board to review rules and procedures, go over the schedule and negotiate some of the questions tha[ are still up in the air. Please get with your board and see if yall are available Tuesday or Wednesday afternoon, July 13 or 14. I'll provide a light lunch and probably invite the Ch. 18 PAUG leadership to Join us as well. TIME EW NER CABL To.' From: Date: Re: Ch. 10 Public Access Users Group Cc: Cruz Colomo, Ch. 10 PAUG President Susan Cable, City of Corpus Chdsti Lisa Agullar, City of Corpus Christi Paula Kolda Aug. 4, 2004 NoUfica8on of meeting / Request for action 1) At the request of KD Logan, via Jack Gordy, I am putting a PSA billboard announcement on the access channels to provide notice of a Ch. 10 PAUG meeting. This meeting is scheduled to be held Wed., Aug 18, 7PM in the City Hall Basement Training Room. 2) I request that Ch. 10 PAUG respond to the following requests: Move 'l-lny Baby Productions (added to the schedule Friday, July 30, 2004) from 10am Tuesday and Thursday to a time that is open within the already scheduled Public Access block of programming. r~ Move CClSD programming from 10:30am Wednesday to 2pm Wednesday. ~ Move CCISD programming from 9am Thursday to 1:30pm Thursday. These requests are in accordance with the intent of the Rules and Procedures to create an uninterrupted block of time for Public Access progremmlng. Copies of the printed schedule as provided by TWC, have provided easy recognition of those slots that should be filled before filling the ~me frame outside the established schedule. The Title 0,~ ufrlce of CCISD ' -- had originally agreed to move their programs when contacted by Time Warner over a month ago. Provide copies of user applications to Time Warner Cable as requested in correspondence dated July 1, 2004 and July 19, 2004. Remove programs that do not provide original tapes for two or more consecutive weeks. Take ac'don regarding technical standards non-compliance, requested via correspondence dated June 30, 2004 and July '19, 2004. City of orpUs Uhl;isti 0 Box 9277 oq~s Omsti ~x~ 78469-9277 ~one 361-8264090 361-8264551 8~ember 14, 2004 Channel 10 PAUG Officers P.O. Box 271443 Coq~us Christi, Texas 78427 Dear Officers: At [he August ~0, 2004 workshop o! [he CaMe Communlcal~ons Commission, [he Commissioners asked [he Channel 10 PAUG officers to hold a membership meeting, In a ~olrlt of a~lgnment and cooperation, to v~rk Ingather with producers to addmsa ongoing c~nplatnis, to update your by-lav~ lo respond to Time Warner requests, and to distribute the Rules and Proceduree to Ixoducers. This was to be done prior to ~ meeting of [he Commission on Seplembe~ 27, 2004. The Commission's goal Js for[he Channel 10 PAUG to lo,ow Ihe mcorm~eedatJons made by the Commission and to latemally resolve these Ixoblems. it is o~- understanding [hat no rnoel~ng has been scheduled, and that b~e updated Rules and Procedures have nol been distributed to producers. I am ve~ opllrnL~Jc [hat the BoanJ of DIn~ors will make [he right choice to move fo~anJ. I have hean:l many comment~ on Channel 10 TV to move forward, however no acflor~ have been acffieved. We e~courage you to ~ a meatlng p~or to [he CaMe CommunlcsUons C,o~mlssion meedng on 8ep{embe~ 27, 2004, and begin woddng Io resolve I~ese ongoing Issue~. Please lei. t.~ know fi.you have any questions, or need cla~llcaflon. We am here to support you and ass~ you with a pos~,e o~mc~on. Cheln~an, CaMe Communlceflons Commission City of Col'pus Christi Ms. Cruz Ruiz Colomo President NuPAC, Inc. P. O. Box 271443 Corpus Christi, Texas 78427 September 30, 2004 Via Regular Mail and CMR;;;;;; 7001 0360 0000 5053 9144 Re: Notification of Cable Communications Commission agenda item regarding whether to decerflfy NuPAC, Inc. as the Channel 10 Public Access User Group for noncompliance with Rules and Procedures regarding Public Access Cablecasting Dear Ms. Colomo: As directed by the Cable Communications Commission on September 27, 2004, please be advised that the Cable Communications Commission will conduct a meeting on October 11, 2004 in the Sixth Floor Conference Room at 6:00 p.m. regarding whether to decertify NuPAC, Inc. as the Channel 10 Public Access User Group for noncompliance with the following provisions in the Rules and Procedures for Public Access Cablecasting: Section 1 Rules for Participation · Failed to require all producers to complete and sign a programming contract, which included the application, for the Apdl lottery and submit to Time Warner. (also Section 3 violation). · Using a Programming Contract and Application that is in violation of the Rules and Procedures. Section (9) of the Application states: "1 understand that I will conduct myself in a professional manner at any and all meetings of NuPAC Inc. Failure to do so will cause for removal from NuPAC Inc. which may result in removal from Channel 10 Public Access." Section (10) of the application states: "1 understand that any slanderous remarks or statements publicly made towards NuPAC Inc., NuPAC Inc. officers or producers is cause for removal from NuPAC Inc. which may result in removal from Channel 10 Public Access Channel." Seven of 13 applications submitted to Time Warner were on this application. · Submitted tapes that contain commercial programming, including product promotion. Programs are airing with a t-shirt promoting a radio station, Surf Club banner, music videos for national recording studios, Beauty and the Bistro Restaurant, and products such as No-Doze and Ozarka water. · Submitted a pregrem that solicits contributions on behalf of an organization that has net re~ived tax exempt statusunder 501(c)(3) of the Intemal Revenuo Codo, such as the Coalition for Women program aired in September that requested donations for the Channel 10 PAUG/NuPAC. P.O. Box 9277 * Coq~ms ChriS, Texas 78469-9277 * (361) 880-3000 Page 2 of 2 Section ~ Technical Standards and Production Rm3ulrementa · Submitted tapes that do not conform to the technical standards and production requirements established by the FCC and Rules and Procedures: quality, format, labeling, identification and length. Please see attached Exhibit "Channel 10 Public Access Technical Standard Issues for September 2004' for examples. Section 3 How Pro;Items Are Scheduled · Submitted the same program for several producers. The same program ran as the Siiverback original and the Angels in Our Midst original on August 8 and g, 2004. · Submitted repeat tapes as originals in the same lottery period. Time Warner stated that in September 2004, they were asked numerous times to repeat the prior week's shows for programs in which no tape was submitted that week. · Failed to remove programs for users who failed to supply tapes for two consecutive weeks_ In the month of September, 15 programs should have been removed from the schedule until the next lottery for violations of the Rules and Procedures. Please see examples listed under attached exhibit "Channel 10 Public Access No Tapes Submitted Example from September 2004' for examples. Section 4 Defined Terms Submitted tapes that are not locally produced. Programs are airing that are non-local music videos, national religious shows, and other productions outside the Corpus Christi area. Section 6 Violation of Rules · The Channel 10 PAUG/NuPAC has not updated their certified by-laws to establish procedures required to address intemal complaints not covered by the Rules and Procedures, or a complaint regarding a violation of rules in Sections 2 or 3. Failed to investigate and respond to complaints submitted by producers. For example, complaints submitted by Jack Gordy to the Channel 10 PAUG/NuPAC Board of Directors on September 13, 14 and 21, 2004. · Failed to remove programs with Section I violations (listed above) and mail wfittan notice of the Section I rule violations to producer and group, via ce~llried mail. · Failed to submit a response, by email or delivered in writing, to Time Wamer within seven working days regarding complaints submitted by Time Warner to the Channel 10 PAUG/NuPAC on June 30, 2004, July 1,2004 and August 4, 2004. Sincerely, Susan Cable Director of E-Government Services Channel 10 Public Acce~ Teclmlcal Standard Issuea for September 2004 Auuu~t 27 ~ Wber 2 Beulahl,nd - Black Pe~pectl~ - ,~ud]o Ntglicat (~J# - rio 1 CC Coffee Clu~ - Rec. In EP, no 1 min. M black, auto CI~ Rights Revfew - audio Cowa~ - time length, audto Fema~lo Ramimz Min - audio Jag II - no 1 mi., o~ blac~ audio Idome Sinai- no I min. M black, audio ~k of 8hr- no I ntln. of Idack, ae~o Save~- no I rnln. of Idack, video & auto Taxpayers Rights- Ume The Good News - audio Things to 8ee and Do - no I min. o~ fllack, audto Tome~mw - audio Wttm~j Rea#y Happening - no I ml~ o~ 13iac~ audio Mundo H~=~a,to - mc. In EP, vfi~eo, and audio La NamnJa - audio Sm~ember 3 to 3e~tember g Angels ~ Heaven - audio Angels k~ O~r Nldst - qua~/, audio Be~ys Rd. - mc. In EP, Ines o~ bottom of screen, audio Black Pempecflve - audio CC Coffee Club- no 1 min. of biac~ audio Civil R¥,L~ Review - audio ~one Christian - no left euo~o Cowan - no I min. 131ac~, audio Gefa,'do Go~zMes - auc,o Gos~ Eq3m~- auc,o Halt' Hour of De~verance -audio Jag II - no 1 mtn. 131a~ IdMmf3oatan Church - audio Roam Hernandez - audio SIk of Sin - no I mtn. biac~ auto Studio 3- no 1 min. I~ack, audio Taxpayers RIgNs - audio Things to See and Do - audio Tomom~'s Wo~d - audio Tow~ & Count~ - audio whys Ready Happen~g - auto ~ of IJfe- no 1 mtn. black, video fuzzy, and audio ~,etl(elTti~ 10 to ~eDteetbl~' 1(, AnGels In Our MIcld - audio, no 1 ITdn. biack AngliCan G~ - a~lo ~h~ - ~ P~ - ~ ~ - ~ ~, e~lo ~ ~n - ~ I~ a~ F~ ~ Min. - no 1 ~n. ~ ~ H~ ~ ~ ~ - a~ ~ II - no I ~n. ~ ~ ~e ~ - ~ 1 ~n. ~ a~ ~k ~ ~n - a~ ~-~1 ~n. ~ ~ In ~, a~ ~-~ l~n.~ a~ ~ ~ ~ a~ ~ - a~lo T~- a~o T~s Wo~ - a~ T~ & ~ - ~ ~e - ~ ~a~ ~b - ~'s R~ ~1~ - a~lo Angets In Our Midst - audio Bec~ Iolhe Bible-no 1 mln. blac~ audio Benys Rd. - rec~ In EP, audio Black Perspective - no 1 min. black Breath of I.Jfe - audio CC Coffee Clu~0 - no 1 ml~ ~ CC Morning Coffee Group - no 1 min. I:~K~ aud~ Civil Rights Review - audio Community Oulmach - audio Conlef~one ChrlslJan - audio Femando Randmz Min. - no 1 ndn. black, aucllo GeraecIo Gonzates - audio Jag II - no 1 ndn. blaciL auto K]te Surf Texas - no I min. Idack, audio La NaranJa - video, au(go Monte Sinai - no 1 min. black, auto Mundo Hlspano - audio My Father's House - no I min. IolaclL audio $[k o~ Sin - audio ~evedaack - mc~ In EP, audio Studio ~ - no I mtn. black, audio The G Spot - no I min. black, auto Tomofl~ - audio Tomofl~w's Wod~ - audio Towfl & Country - audio Uq~nL Me.~3e -audto WesLqlde Bmaldast Club - no 1 min. black, audio Wh8~ Really Heppmltflg - audio Channel 10 Publl~ Access No Tape~ Submitted Example from September 2004 Time Wamer is being asked to just repeat the prior week's show for programs in which no For SePtember 5 - 11, 2004 My Father's House Back to the Bible Good News Gospel Express To~norrow Annapolis Christian Anglican Guilt The G-Spot Kite Surf Texas Gardendale Baptist Shelter from the Storm Mundo Hispano Zona Festival God SL Ministries Virginio Gomez Presents Black Perspective Femando Ramirez For the September 12 - 18. 2004 Back to the B~le * Annapolis Christian * Anglican Guilt * The G-SPOt * Virginio Gomez Presents * Mundo Hispano * Femando Ramirez * Zona Festival ' Kite Surf Texas * God St. Ministries * Shelter from the Storm * Gardendale Baptist * Angels in Our Midst Tiny Baby Productions Taxpayers Rights CC Morning Coffee Club Westside Breakfast Club Raising the Stsndard La Naranja * No tape for two consecutive weeks For the 8eDtember 19 - 25. 2004 Annapolis Christian ** Anglican Guilt ** Zona Festival ** Gardendale Baptist ** C-:-:-:-:-:-:-:-:-~ St. Ministries ** 'i~ny Baby Productions * Taxpayer's Rights * Things to See and Do Holy Spirit * No tape for two consecu~e weeks ** No tape for three consecutive weeks For the SeDlmnber 26 - Oct 2. 2OO4 Annapolis Christ]an Anglican GuM *** Zona Festival *** Gardendale Baptist C-.-.-.-.-.-.-.-.-~d St. MinistTles Tiny Baby Productions ** Taxpayer's Rights ** Holy Spirit * Raising the Standard Back fo the B~le La Naranja Virginio Gomez Presents Mundo Hispano Femandao Ramimz Angels in Our Midst CC Moming Coffee Club Anglican Guilt KJta Surf Texas Westslde Breakfast Club * No tape for two consecutive '.'.'~--~s *~ No tape for three consecutNe weeks *** No tape for four consecutive weeks Charmel 10 Pr~xama - September 2004 1. Angels in Heaven (monthly) 2. Angel~ in Our Midst 3. Am0hnm G~ilt 4. Aanaoollb ~ 5. Bacl to the Btble 6. Beulahlaad 7. Benys Rs:ad 8. Black Pcmpective 45. Tomorrow's World 46. Town and Co~mlxy 47. Urgent Message of Bayaid~ 4& Vfl~io Gomez Presents 49. Voices of the Coastal B~d 50. Westside Breakfast Club 51. %that's Really Happ~ing 52. Word of Life 9. Breath of Life 10. CC Coffee Club 11. CCISD 12. CC Morning Coff~ Club 13. Civil Rights Show 14. Coalition for Women 15. Comm~l/lity 16. Corn=s~tone Chri~an 17. Fernando R~mtlrez 19. Cknardo Gonzalea 20. God St. Ml~lm'rl~ 21. Good News 22. Oosp,a Exp 23. I-4alfHour of Deliv~'unce 2~ Holy SptrU 25. J~g 8 26. llte Sm'f 27. I_a N~anja 28.1M_t~ll~ BatTienl~ 1Mini~ilie~ 29. MCC of CC 30. Mondo's Powea'thoughts 31. Mont~ Sinai 33. My Fathm"a House 34. Raising tl~ Standard 35. Rosi¢ H~:pandez 36. She/ret from ~e 37. Sik of Sin 38. Silvexback Show 39. Studio 3 40. Te .~payee's Rlgh~ 4/. The 6,~o~ 42. Things t~ Do and See 4&l~my ~ Productions 44. Tomorrow l~ve nro~ama had no tapes delivered tho enth'e month. Two programs had no tapes delivered for three consecutive week~ Eight ,,a~onal programs had no Ml~S delivered for two consecutive weelm Just in the month of Sq~mb~r, 15 programs should have be~m taken off the schedule un~l the next lottery for violations of the Rules ~nd Procedures. Week of September 5-11: 17 tapes not submitted W~ek of Septemberl2-18: 19 tapes not submitaxt Week of September 19-25: 9 tapes not submitted Week of September 25-0ct.2: 20 tatum not submitted CABLE COMMUNICATIONS COMMISSION October 11, 2604 Sytvia Darter and uan Garcia, Sts Cable, Din~:tor of E-Oov~meut Services, Lisa Aguilar, Assistant City Al~mey, and Holly McCarty, E-Government Services C~blc Ouera~or~ pa,la Kolda, Time Wamea- Chairman Richard Pulido called the meeting to order at 6:04 p.r~ and verified thc necessary quorum. The minute~ f~om September 27, 2004 m~OinE wel'e I~riewed and approved. Juan Csar~ Jr. mationed to al:~prove the minutes and Ad~a Palacios s~:~nded the motiolx All Commi~ione~ approved. DISCUSSION AND POSSIBLE AL'lION REGARDING POSSIBLE DECERTIIqCATION OF NUPAC, INC. AS THE CER'i'IIqED CHANNEL 10 PUBLIC ACCESS USERS GROUP - Cruz Colomo stated that she has ¢iEhteen applications for Time War~r. ~ Richard Pulido noted that about twenty applications were still mi~ing and still needed to be turned h~to Time Warner. Mrs. Colomo addressed thc lcttor se~t to her on S~,ioa I Ral~ for Paxfi~Ipalfion - Item A: Failure to tequi~ signed conUact fi'om producers and submit to Time Warner for fl~ April lottery. M~. Colomo stated that thin issue has ~ cured. Item B: Using a Programming Contract and Application that is in violation of the Rules and Procedures. Mrs. Colomo staled ltmt she received a letter fi~u Jack Gordy s~atln~o this issue is solved. She said she neod~ time to find out why the application is not in compliance and she will coffer with the City's Legal Depamnent. Item C: Submitted tap~ that contained commercial progl~umin8, including product promotion. Mrs~ Colomo explained this issue has been going on n:spon~ible for his/her own rope. Emile Boid~ staled that is Ima been the practice that if there is a violation, a r. xn~laint com¢~ fxom another producer. Mm. Colomo slmed they will then send a [etl$~l' informin~ the prrwh~c~l' of the violation. Item D: Subl:ltiu~l apt, ogr'alll that solicits conmbmiom on behalf of an o~n~ ,i,afion that has not received tax exampt ~nmn unde~ 501(c)(3) of the ~ R~venu¢ Code. Mrs. Colomo stated that the "Coalition for Worn~' progam was complained that NUPAC is not state compliant. She said that they ate in the process of working ~tio~ 2 T~ctmi~nfl S~.__a~._ rds and Production R~luiremet~ - Item: S~ ~ do n~ ~ ~ ~e ~ ~ ~d p~ ~ ~linh~ ~ ~ FCC ~d ~ ~ ~. ~. Co~ ~ ~ ~h p~ ~ r~le f~ ~ ~b~on of ~~e~go~y~. ~ 3 ~ ~mn ~ ~ - Ite~ A, B, & C: S~ ~ ~e p~ for ~v~ p~ ~ ~ ~ ~ ~ m ~ ~ 1~ ~ ~ ~ w ~ve p~ f~ ~ who ~ ~ ~ly ~ ~r ~o ~ve w~. ~. ~o stated thnt she did not know what was turned in and wasn't sure what was being t~lked ahoY. Juan C.m.rcia explained to her about the list of ~ submi~d with the le~t~r ,toee~l September 30, 2004, from th~ City w l~rs. Colomo. Emile Bolden proce~ed to say ~ he would tell Time Wam~ to phy the tapes fi-om the week before ofth~ preduc~s who did not submit a tape for the ~ week, so there would be no black space. Mps. Colomo stated that if they ne~_e~_ to, they would I:mll all the tal~s at th~ request of the Cable Commun~t~ti,'~ Commi~-eion. Mr. Garcia ~ if there was a procedure in place, M~. Colomo said no place ~i~i~ tha~ the shows have to be puffed. Susan Cable s~t~ that it is in the Rules and ~es ~p, oced by CiW Council. S~,Jm 4 D~flrted TgTms - Item: Submitted tapes that are not locally produced_ Mrs. Colomo said thai they ~axtnot wnh~ all the tapes befo~ they a~ aired and ._~l~t,~l that she only lmew of one show thai was not locally produced and it was a religious show. She also said tM_.t the producer~ Io~w that their shows must be produced lo,-~lly. Section 6 Violation of Ral~s - Item A: The Channel 10 PAUG/NUPAC has not updated their ce~ifi~d by-laws to establish pmc, edur~ r~qui~l to address ~ complain~ not covered by the Rules and Procedure, or a complai~ reg~rdin~ a violation of rules in Sectiem 2 or 3 (Mr. Jack Gordy's complain). Mrs. Colomo stated that all l~ters we~ answered at the last meetin.o_ She also said she ha~ a problem with the l~ers be-lng copied to City. Mr. Pulido replied that Mr. Oordy was only ~ com't~,y copies to the City. Mr. Got~ ~.~t,~ t~ the let~rs ~d,~essed to NUPAC, Board of DLr~ctors, c/o Mrs. Colomo and cogied the City; however, the complnint was filed when he never ~ceived a n:spon~ from Mis. Colomo. Item B: Failed to r~nove programs with Section I violations (lis~d above) ami marl ~ notice of S~on 1 role violations to producer and group, via certified mail. Mrs. Colomo ~t~d ~ th~ item goes back to the violations discussed earlier. $,,,~ Cable stat~ that some of the Section I niles are part of the Cable Act and Federal Law also. Item C: Failed to submit a response, by email or delivered in wr~n~, to Time Warner w-Jl'hin s~-vcm worldn~ days r~ap'tin~ complahlts submittal by Time Warner to Channel 10 PAUO/NUPAC. M~. Colomo sta~d that the lea:rs were discussed at the la~ mee~inff with p~.l~ Kolda. Cimirperson Richard Pulido shUed thnt Channel 10 PAUG has bad the opportumty to just/fy complnints of Lhe Rules and R~ons and the curraxt ndmini,,halion ha~ been in crffic~ for six month*. He stated he felt the current admini~alion has had ample time to work on the violation~ of the Rules and Procedures lis~ed m the September 30, 2004, lettor to Mrs. Colomo fi'om the Cit~. Mr. Pulido also ~tm4 that no~ tornin~ in the applic~afiolls to Tin~ Warner is a violation of fedcrul law, but Li~a Astlilar told him that tullling in the applications is not a violation of £ederal taw, but a violagon of the Rules and Procedures. He said he had the opportunity to vis/t the tape process at Channel 15 and the tap~ process for Channel 10. He noted that when he saw the CImm~l 15, the producers would turn in tapes nnd sign the tapes in. Channel 18 would then take the box with the lapes and turn them in with no problems. Howover, when he wimessed Channel 10 turn in tape~ to Time War~er, Mr, flolden would mm in th~ box of raima, but two Time Warner technicians would login the tapes aad give copies of the log to Mr. Bol,aen Mr. P,,liAo then stated ~ the technicians viewed all the ta~s at the beginnln~ and end before being ~ to note possible discrepancies. Mr. Pulido asked Paula Kolda with Time Warner if the technicians were suppo~xl to go throngh flain process. Isdn. Kolda replied no. Mr. Pulido said he felt that was neEliEence on the PAUG because that is a responsibility of the PAUG, not Time Warner. Mr. /}olden stated that the process hz fo/lows is the process ~hat has takea place for th~ past six years. M~. Colomo said that afl thc l~toblem* aav a v~--~l~ of thc previous nttminimalion. Mr. Pulido replied that during the previon~ adminintratioll I1~ did spot checks on thelll also. He stressed that the main point in that there are too many violations and they com'imie. Mr. Cmrcia .,,mod that he did not I'hinlr dec. ertifica~on was n~,~a,saty a:t this time boom,ne h~ ~ the issue8 could be worked ont if the PAUG is given more time. Sylvia Dm~cer recommended decertifymg the PAUG bocanse tho Channel 10 PAUG had been told several times to hold a membcrahip nlc~n~e a~d no meeting has ye~ been held. She also sla~d flu~ they ~onld he deeerfified hecause of all the violatioos of the Rules and Regulations. Mr. Pu[ido ~ they a~ sending a profound mess~e to all non-profit or~wan;-~ions, that they will nc~ tolerate lemency to thc RuJcs and Precedures c~abli.~hed by the City. M~. Cohere stated th~ there is a crimi,~a mvc~;on a~in~ some of the people m the mee~in~ ~ if the Cablc Co~mi.~sion decerhfied them, it would look like im~midntion_ She also said that thi.~ is ci~:ructi~n of justice Rna th~ City will have a lawsu~ on their hands and she will get ali thc ncws mcca revolved. Mr. Pulido said that in Septc~nbcr they were given ~ day~, and then given an additional two weeks to resolve and provide additional information to the Comm~sion. M~ Colomo exp~ined that shc ha~ not been able to hold an official ine~inff smcc she ha~ taken office. She also said that she he~ been communic~fin~ with Thnc Wamcr by phonc sincc she wa~ elccted president. She then sta~d that ifshc does ncg do her job by Octct~ 2S, then she wc~ld r~ign. Mr. Pulido said he was ready to r~e a decision on whether to dccemfy thc PAUG He stated he has spcnt many be~rs trying t~ invcsti~te wha~ is going on and why the c~uncil is being bothered. He also said Chat he understands tha~ if thc PAUG is decertified, th,at thc Commission would have to take on thc additienal re~onsibilities. He h~ the um~st rc~pc~ f~ Mrs. Colomo, but he feels this PAUO ha~ too many discrepancies and feels the Commission should take control of thc cm,~ut situation. Chain Richard l~lido m~Joned to decerfi~ the Channcl 10 PAUG based on thc condition~ of the Rules and Procedurc~ tha~ have been violated for the pa~ several momh~ Sylvia Dancer seconded the motion. Commission, s Richard Pulido, Sylvia Dancer, and Adria P,l~ins voted to deecrtify and Commi~ioner Iuan Garcia voted nc~ t~ decerfify. REPORT FROM CABLE OPERATOR - Panla Kolda, Timc Warner, said she can appreciate the stress and difficulty thc Commission ha~ hnd to deal with. She think,~ there a=rg a lot of is.sues that need to he clcared between the PAUG and the City and that there a~ too many producers who arc confused about the issues. 3. REPORT FROM CHANNEL 10 PUBLIC ACCESS USERS GROUP - No rcpon. 4. PUBLIC COMMENT - {ack Gordy sta~ed that hc know~ dc~--rfifymg thc Channel 10 PAUG was a di~cficu~ dec.on by th~ Cablc Communications Co,,,,,,~sion, b~t ahd~:[ that the Channel 10 PAUG was told on several occasions to hold a mcmbe~hip mectin~ and nonc wa~ held. Roland Gar~ sla~d tha~ thc producers were not given any hencsty f~om the lesAcrs of Channcl 10 PAUG and a ve~ majority of the produce~ just want their tapes to be air~. Bob Klepac warned to ¢lar~ tha~ Mrs. Colomo is slill President of NuPAC, n~ Channel 10 PAUG. Mr. Pulido recommended to Commi~ioners that fo.~ need to be ~ i~clodin~ the Rilles alld Procedures. He sta~d he will Imow by Wednesday where the ncw tape dro~-off Io,'~t~d will be, ~uan C~cia suggested putting a PSA on Channel 10 to inform producers of new pickup location, COMMISSIONEI~S COMMENTS - Juan C~arcia noted flint hc does not sec any reason why property ownc~ m Corpu~ Cnm~ canno~ produce a show. Sylvia Dancer thanked cvco/onc for COinin~o alld ho~ tha~ ~1. ~ PAU(~ will be devcloped soon. Richard Pulido noted ~h~ he has thc um~ost respect for M~. Colomo, but this decision was neecssa~/becanse the pro~rmn was no~ woflrln~. ADJOURNbfl~NT SylviaOanoo~moved4~adjo~tm-thzatee~-and ~uan Cram-ia seconded ~he motion. All Commi~ioners approved. The meefin~ adjou_,'n~[ a~ 7:52 p.m. APPEAL TO THE CORPUS CHRISTi CJ'TY COUNCIL I, Cruz Ruiz Colomo, President of NUPAC, INC., acting on behalf of the curre of NUPAC, INC., to-wit: I~ls. Cruz Rulz Colomo, President Eldridge Snead, Sr. Vice President Paul Pawlack, Vice President Gary Porter, Treasurer Emile Bolden, Secretary Vlrglnlo Gomez, PaHlamentadan .ludge .loe A. Gonzalez, Advisor I, Cruz Rulz Colomo did personally appear before the undersigned authority and state that we are appealing the wrongful action of desertiflcatlon which took place on Monday, October tl, 2004, by the Cable Commission under the direction of Richard Pulldo, Cable Chairman. We further allege that none of the allegations are true and correct and that all such allegations occurred during the administration of Bob Klepac, Past President of Nupac, inc. Hr. Bob Klepac was very negligent during his term of office, not only by not forwarding copies of applications from producers, which he alone possessed (since the lottery and meeting took place under his leadership, and he should have had those applications two weeks prior to April 22, 2003, and he did not), but by not cooperating with the new Nupac Board since April 22, 2004, and not turning over the documents, correspondence, bank statements, checkbooks, IRS correspondence and Secretary of State correspondence. That ! have had to operate for the past five montlls, without the necessary documents to enable me to perform my duties. That after nttmerous pleas of help to beth Susan Cable, E Government Services and Richard Pulldo, Chairman and the Cable Commission (minutes will reflect) no help or demands were made of Bob Klepac, even though he attended every single Cable Commission Meeting (without authority, as he Is not a producer, since he Is not a resident of Carpus Christi and never has been and his entire presidency was null and void and caused such mental strain, flnandal and emotional hardship to the entire membership of NUPAC, INC., and particularly Its current Board of Directors. Furthermore, Bob Klepac willfully and maliciously intervened and deliberately turned off the electricity and telephone at the studio, thus causing us to be without utilities for a period of over a month. ! communicated the same to Susan Cable and the Cable Commission and no action was taken and no questions were asked of Bob Klepac, even though he was in attendance at all Cable Commission meetings. Bob Klepac was Instead treated with courtesy and dignity, which neither [, nor my Board have been given. All of my Board members have been treated wlth such dlsrespect~ accusations and allegations that we have had nothing to do with. We respectfully appeal to the Honorable l~layor, Loyd Neal and respective City Council Plembers to reverse the decision of thc Cablc Comml~.clon to deccrUfy Nup,3c, [nc., without cause, and furthermore: that the Cable Commission, doing business as Corpus Chrtstl Community Public Access Channel 10 (and not certified) Immediately Cease from engaging under such name, as not only are they not certified as a Paug, but do not even have an assumed name certificate on file. ,, I Furthermore, we respectfully request that the Cable Commission acting as Interim Paug, be restrained from conducting the lottery and membership meeting that we have scheduled for Thursday, October 28, 2004, as that would constitute and cause and has caused financial hardship and great emotional stress to the entire Board of Directors of Nupac, Inc., In particular to Its President, Cruz Rulz Colomo. We respectfully request that the Cable Commission be enjoined and directed not to conduct such lottery and meeting scheduled for October 28, 2004, and walt until after the Appeal decision is made by the Corpus Chdstl City Council at Its next regulaHy scheduled council meeting. That the schedule change of programming which will arise out of the lottery and meeting scheduled for October 28, 2004, Is not an emergency and can wait in the best Interest of all concerned, since the schedule change of such programming will not take place until December, 2004. Furthermore, we respectfully request that the Nupac, Inc. Board feels that such deliberate and negligent action taken by the Cable Commission to decertdfy Nupac, inc., for no cause or merit, would be construed as retaliation because of the ongoing criminal Investigation being currently conducted as a result of the current Nupac, Inc. Board. That such desertlflcatlon would also be construed as an obstruction of Justice, as It would seem that the Cable Commission has neglected to aide Nupac, [nc. in correcting past mismanagements of Funds and Nupac, Inc. In Its rules, procedures and conduct of office. [t would seem that the Cable Commission wants to protect Bob Klepac and Its wrongdoings by not demanding he correct his past actions, and the Cable Commission's failure to intervene and aide Nupac, [nc., and its requests for help and instead hampered and caused obstruction and demand after demand to the Nupac, Inc. Board of Directors, thereby causing a great miscarriage of JusUce, harm, and deliberate attempt to cause obstruction of Justice thus preventing the Nupac, Inc., Board from acting in Its plight for jusUce! THE STATE OF TEXAS COUNTY OFNUECES BEFORE ME~ THE UNDERSIGNED AUTHOFL.TTY, ON THIS DAY personally appeared before me, Cruz Ruiz Colomo, President of Nupac, Inc., who solemnly swears that she Is the person whose name appears before me, and that the above statements are true and correct, to the best of her ability. SWORN TO AND SUBSCRIBED BEFORE ME ON THIS lB~h DAY OF OCTOBER, 2004. NOTlkRY PUBLIC, In and for Nueces County, Texas Octo~r 22, 2004 APPEAL TO THE CITY OF CORPUS CHRISTI, CITY COUNCIL I, Richard Pulido, Chairman. Cable Communication Commission to-wit: Ms. Norms Torres, Vice Chah-person, Commissioner Ms. Ach-ia Pnlacio, Commissioner Ms. Sylvia Dancer, Commissioner Mr. Juan Garcia, Commissioner I, Richard Pulido, did hold an official meeting before the undersigned authority and state that we officially decertified NuPAC as the Channel 10 PAUG on Monday October 1 I, 2004. Thc Commissioners voted to decertify NuPAC as the Channel 10 PAUG due to the continuing negligence and sub-standard performance of the NuPAC Board of Directors, which officially took office on April 22, 2004_ During the course of their adminisUation over the past six months, the Commission ha~ been extremely patient and offered guidance and support regarding their responsibilities to follow and enforce the Rules and Procedures for Public Access Cablecasting established by City Council in the Master Cable Services Regulatory Ordinance and Section 2-183. After repeated reminders and warnings to focus on very important issues related to their PAUG responsibilities, the NuPAC officers continued to ignore our recommendations and suggestions. The actions of Emile Bolden, Cruz Ruiz Colomo and other officers, display full evidence of gross negligence of their duties and responsibilities. The appeal letter submitted by Cruz Colomo on behalf of the Board of Directors demonstrates the officers' total lack of understanding ora PAUG's roles and responsibilities, and a total disregard of the Rules and Procedures, which have been in place for a number of years. To ensure that public access is compliant with federal and local law, and that the plug- and-play process runs smoothly, the Cable Communications Commission has consistently directed both the Channel 18 and Channel 10 PAUG's to follow and enforce the Rules and Procedures, as reflected in minutes of our meetings over the last several years. The Cable Communications Commission has no involvement in the City contract for studio management_ The ongoing violations of the Rules and Procedures have absolutely nothing to do with the studio issues Ms. Colomo keeps bringing up as an excuse to disregard theLr responsibilities as a PAUG and City Ordinance. Actions of prior administxafions have absolutely no impact on compliance of the current officers, and previous officers were held to the same ~,oualability to which the current officers are being held. All Commissioners have repeatedly made this clear to NuPAC officers in special meetings and slxongly directed them to focus on their PAUG responsibilities, and the ongoing complaints and violations of the Rules and Procedures. These complaints have come f~)m Time Warner, producers, and citizens, and involve violatiom primarily by NuPAC officers. In addition, the schedule for the semi-annual time slot lottery is established by City ordinance in the Rules and Procedures. Following this ordinance, lotteries are held on the fourth Thursday in April and on the fourth Thumday in October. These requirements have been in existence for several years. Producers know the lottery schedule. I have contacted many producers myself about the upcoming meeting, and Time Warner has been running a bulletin with the lottery date, time, and location_ At the lottery, producers select a number, then, in sequence, select their lime slot. The process is very straightforward and can he completed in approximately 1.5 hours or less. To reschedule the lottery would create a significant problem for producers. First, it would require modification ora City O~dinance that has worked very well for producers for the past several years. Secondly, there would be limited time to contact current and potential producers to notify them of any changes. There is absolutely no reason to re.schedule the Fall lottery. The following are examples of the many violations of this administration for which the Cable Communications Comrni~-sion determined the need to decertify the group. The authority for this action is directed by City Ordinance. Copies of access program tapes, Time Warner reports, Commission meeting tapes, producer complaints, and other documentation are available. The violations of the Rules and Procedures are as follows: · An officer continuously runs two original programs each week, instead of the allowed one_ · An officer submits his own second original mix: in another producer's box, thus getting two weekly seres. · An officer runs a program with two indecent exposures and even after a call from a Cable Commissioner, runs another program with indecency_ · Au officer runs a program soliciting donations even though the orgaoi?afion is not a 501(c)3. · An officer runs programs that are promotional mmic videos for Columbia, Atlantic and other national recording studios. An officer directed Time Warner to m~play old tapes for producers who failed to submit a weekly ori~n:al within the r~qme lottery period. · Officers continue to use an application form that includes statements in violation of federal law (f~edom of speech), even after being told of the violation. Officers fail to distribute the ulxlated Rules and Procedures, approved by City Council in March 2004, even though 80 copies are provided to them in April 2004, 70 copies are provided to them in August 2004, and they have collected dues of :$20 per producer to cover disU'ibution costs. · Even though they collect tapes from producers each week, officers fail to provide Time Warner a schedule. · Even though they had six months to have pruducers who submit weekly tapes complete an application, officers submit to Time Warner only 12 of 52 applications. After direction was given by the Cable Commumcatiom Commission at several special meetings, officers communicated to the Commission in September 2004 that they have an additional 18 applications, and then left without giving them to the Commission or the Time Warner representafve at the meeting. · Officers failed to investigate and notify producers and associated groups of violation complaints of commercial programming restrictions. Ms. Colomo stated at a Commission meeting that they did not want to spend time writing to people. · Officers failed to investigate or ~'pond in writing or e-mall to complaints submitted by producers. Ms. Colomo stated at a Commission meeting that she was getting too many complaints. · Officers failed to respond in writing or e-mail to Time Wamer's complaints regarding non-compliance with technical standards (quality, format, labeling, identification and length), and removal of programs for commercial advertising, failure to submit tapes for two consecutive weeks, and other violations. Time Warner communicated in writing to Ms. Colomo in June, July and August 2004 with no response. · Officers failed to remove programs with violations according to the Rules and Procedures (failure to turn in tapes - 15 in September, commercial programming - 3, non-local programming - 5, etc.). · Officers failed to submit Channel 10 PAUG ulxlated by-laws to establish procedures required to address internal complaints not covered by the Rules and Procedures, complaints regarding a violation of rules in Sections 2 or 3. As you see, these are not allegations of incidents occurring during previous administrations; rather, these are real and documented problems occurring under this adrnini~hation and the responsibility of NuPAC officers acting as the Channel 10 PAUG that was certified, with the authority of City ordinance, by the Cable Communications Commission. The current officers of NuPAC cannot get beyond their conflict with the previous administration to accept and address current responsibilities ofa PAUG for Channel 10. A cuxxent officer has an upcoming assault trial involving a previous officer and has aired a program in which he shows a gun twice, and threatens the prior officer to leave the state within a certain time frame or he will end up like a person who is dead_ In Ms_ Colomo's appeal letter, not once does she mention or address even one of the violations discussed with NuPAC over the past three months or the responsibilities of a PAUG. The Commission took a positive approach, encouraging NuPAC to work together with producers to resolve the issues, correct the problems, and even communicated that we would pardon the offenses if corrective actions were taken. Ms_ Colomo and the NuPAC have communicated no interest in accepting the responsibilities ofa PAUG, and no interest in addressing the numerous violations. The Cable Comm,,qications Corn.~iqaion $1'andq hy the pnqitinn that the Rules and Procedures for Public Acc, ess Cablecnsting am important requirements for the success of public access, and that a responsible and responsive PAUG must be in place for the process to work effectively and in legal compliance. Ms. Colomo has pers-a,-led the District Attorney to reopen a criminal investigation to investigate the funding issues. She claims that the Commissioners are interfering with this process when indeed we are only focused on the current rules and regulations_ This has no bearing on the ongoing investigation. In summary, we the Cable Communication Commission are seeking one simple requirement and that ~s compliance to rules and regulations. We have spent countless of hours with increased special meetings outside the scope of our responsibilities to resolve these issues. Yet, this current PAUG Channel 10 refuses to neglect their duties and responsibilities. PAUG Channel 10 has not leveled with us and has caused total mistrust with the Commissioners. We are committed to Quality of Life, and ensuring we maintain the high standards for our All-American Chy, and Citizens of Corpus Christi, TX. We strongly feel that we are displaying our duties and responsibilities with the utmost dignity, professionalism and dedication to ensure that the citizens are enjoying the Freedom of Speech via the Public Access airways. Chairman, Cable Comrnunicatious Commission AMENDING THE CODE OF ORDINANCES, CITY O~COE~U~ CHRISTI, CHAPTER $$. REGARDING RULES AND P~-~I~_~)~-~ FOR PUBLIC ACCESS CABLECASTING; PROVIDIR~-. FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDI~~_~:: PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasflng, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public access users: Individuals produce programming for cablecasflng following specific participation rules and adhering to production standards. To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. · For random placement of nonrecurring show (i.e_, a show that is not regularly produced), Users submit tapes, which are inserted in available time. slots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. · The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. · The PAUG receives and schedules programming submitted by occasional users. The PAUG collects and makes available for pickup by cable operators the schedules and tapes for each channel. · The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. - --- · The PAUG may require sedes users to pay nominal membership dues fe~s to offset minor operational expenses. March 2 2004 pub{lc 8c_~ee__s rule~ ordinance,DOC 2 There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be mede in accordance with rules adopted by the cable communications commission, with the consent of the cable operators. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the Cib/of Corpus Christi. § 1 Rules for participation. Users must complete and sign a programming contract. In signing the programming conbact, the user warrants that the following rules will be observed: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Intamal Revenue Code. Maximum time to request contributions in a program is five minutes. No program shall be b-ansmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. · No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. · ^11 users must provide hvo copies of each program on separato tapes, labeled in acoordanca with the Inatruotions in ~oction 2. Except as otherwlee permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Mar¢~ 2 2004 public acceae rule~ onflnance,DOC Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the cable commission based upon a request from an access user group and/or the cable operator(s). Labeling: All users must dearly label tapes as follows: on the top of the tape and on the ¢loove of tho tape box_ Each tapo muct have a labol containing tho following: a. Name of individual c~c=cc: producer and orqanizaflon (if applicable) and telephone number b_ Title of the program c. Length of the program On the spine of the tape: al.a_. 'rifle of the program D~te to be playod and e, choduling number (as determined by timoelot lottery). b__. Timeslot number (as determined by Timeslot Lottery). Identification: Only one program may be recorded on a tape. a. There must be e~ther 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. Programs mH~t in~'-Iude th~ program identification as defined In section 4. Length: a. All one-hour programs must be 59 minutes in length. March 2 2004 public acce~ niles ~dlnance. DOC b. All half-hour programs must be 29 minutes In length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. 'lame slots; Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual timeelet time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbibation. Sodes programc aro givon a rogular, wookly slot. Time slots aro 3wardod during tho semi annual timeslot lotted. Conflicts on roquocts for time slots will be submitted to the oable cemmls¢ion for arbi'e'ation. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Sched[lles. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. ADI;)lication: No later than two weeks prior to each bi-annual timeelet time slol~ lottery, each series user must submit a completed public access cablecaSting application to their respective access user group, and provide current copies to cable operators, including the following items: a. User's name b. Program name c, Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: ^ cedes program An individual user or omanization must select one channel for cablecasfing of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery oedods. The SDrin~ lottery Dedod belalns the first Sunday in June through the day Drecedirm the first Sunday in Marc~ 2 2004 pubttc acceea rules cm:l~nanca. DOC 5 December, The Fall lottery period begins the first Sunday in December through the day @recedln~ the first Sunday In June. Users will attend the timesl~ time slot lottery as noted In a and b below. :r-he-sable communloa§ona oommission will schodulo tho lottery for the Initial schedule for channel 10. Thereafter, lette~ies Lotteries will be conducted as follows: a. The spdng lottery is conducted on the fourth Thursday in April at '1:30 p.m. with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October at 4:30 p.m. with the new time slots actually beginning on the first Sunday in December. The public access lime schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, wilh the lowest number having the first choice of lime slots and conlinuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available timesl~.tlme slo~t_ After all users select timeslete time slols for their first-run shows, those requesting a repeat showing will then select their fimeslots in same order as the initial time,lets time slot~ were selected, not to exceed one repeat per show. A proclram may be broadcast as an odalnal In subsequent lottery ~edods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. No programs will be ~'.,o~oduled during holidays. Public access for occasional users. Single fimeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the access ucer group PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceod one repeat per show. A pro, ram may be broadoast as an ori~linal in subs~uent Iotterv ~edods. No programs will be scheduled during holidays. March 2 2004 public ~__,>'~_ _.~ rule~ or~nance,DOC 6 Forfeit of time slot If a sedes user falls to supply tapes for two consecutive weeks for a weekly program two (3onoooutive monthe for 3 monthly program), ~ user forfeits the tlmeslot uwtil-the next lottery for the remainder of that lutterv m~rlod. A series producer of a monthly ore, ram must suoolv a {see within the fil~t two weeks of the new lettew schedule or forfeit the time slot for the remainder of that Io{terv oerlod. After that, if a series user falls to suoolv a taoe for a monthN oro~ram durir~ the month of scheduled aidn~, the user forfeits the time slot for the remainder of that lottery oeriod, § 4 Defined terms. Access user group - As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any Individuals who are residents of the city as well as representatives of community, public Interest. or neighborhood, notwithstanding any other provision, representetives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel_ Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming - Any programming which is cablecest for remuneration of any kind, whether directly or IndirecUy, or programming which includes, in whole or in part, Ce~ltent whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays - Mar'dn Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally oroduced oro~rammi~l~ means Droc~remmirm taoed in the Comus Christi re<lion, or pertalnirm to locally sDeCtfic issue~, or nertainin(~ to local residents. Program identification - The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") - This is the cmbl~ television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Marc~ 2 2004 pub~ accel, n,~es o~qnance.DOC 7 Public access time allocated schedule - The block of time slots allocated to each public access channel that are available and are allocated by lottery dudng the semi-annual tJmeslot renewal pedod. The block of time will be determined by each PAUG by calculal]ng the number of users and programming hours for all shows including repeats. The intent Is to develop a block ol~ time slots that provide for consecutive programming, without gaps in the programming schedule. Repeal program - A program which was previously aired on any public access channel. Semi-annual tlmeslet tlme slot renewal pedod - A period beginning April and October of each year, dudng which all who wish to request a sedes for the upcoming six months must submit an application. Series - A locally produced public access show from a single user. A series can be either weekly or monthly. User - Any adult resident of the city who, upon having paid any ~ required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasfing. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written nol~ca of any proposed amendment to the rules and procedures for public access cablecastJng. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and invesl~aate comolalnts concemln.~ violations of the above rules on Channel 10. The Channel 18 Access User Grout) Board of Directors will receive and investigate coml~lalnts concemin~ violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The Channel 10 access usor group will reoeive and ~nvesbgate oomplalnts concemlng violations of tho above rulos on Channel 10. The Channel 18 access user group will receive and tnvectigate cemplaints oonoemlng violations of the above rules on Channel 18. The access user group will inform the user who produced the program that Is the subject of the complaint Marctt 2 2(304 pu/~lc acces~ mica o~:llnance. DOC 8 of the sl3ectfic Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or qroup, If any of the above rules have boon a Section 1 rule has been violated, the ac, oer, o u~or g:c=~. Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact p~rs~n, via certified mall, return receipt requested, to the address provided in the application. The user may appeal the decision of the access usor group Access User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a whiten notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall hold the hearing for appeal within fourtoon (1,1) I;hirty (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decision. Appeals of commission decision may be made to the city council in accordance with the procedures specif,~d in the City Charter. If a second adjudicated violation of tho above ruloo a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of above rulos a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels for one year. Pedods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter, or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be b'ansmitted again until editod to remove the violation has been remedied. Neither multiple cablecasls of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an Internal complaint not covered bY the rules and 13rocedures, or a comolaint reaardln.q a violation of rules in Sections 2 or 3, the User or Access User Group Board of Directors shall follow I~rocedures established bv their aroup's certified by-laws. If a complaint is not resolved within seven (7) workinq days, a User or Access User Group Board of Directors shall submit the complaint, bv e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the aclenda for the next scheduled Cable Communications Commission meetina. (2) If la User or Access User Group Board of Directors has a complaint re~3ardin~ a cable provider, that complaint shall be submitted, by email or delivered In writlna, within three (3) workinq days, from a User to the Access User Group and then from the Ma~h 2 2004 pubtlc access rules o~.nc~.DOC Access User Group Board of Directors to the cable provider within three ¢3~ worklnq d~ys, The o~ble pro¥1der sh~ll re~Dond, by em~il or delivered In wrltlna, withln three ¢3) worklna days. ff a complaint Is not re~olved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered In wriflnq to the Cable Communications Commission. and the item shall be placed on the a~enda for the next scheduled Cable Communications Commission meetinl3. (3) If a cable provider has a complaint reqardinq a User or Access User Group, the cable provider shall submit the complaint, by email or delivered in writtnq, within three (3) worldn~3 days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered In wrltln.q, the cable ooerator within seven {73 working3 days. If a complaint is not resolved within seven (71 workin~ days, the cable provider shall submit the complaint, by emall or delivered in wilting3, to the Cable Communications Commission, and the item shall be placed on the a~enda for the next scheduled Cable Communications Commission meetinq." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Cede of Ordinances_ SECTION 4. Publication shall be made In the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsfi. This ordinance shall take effect upon publication_ March 2 2004 public acceae rule~ ordinance. DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett That the foregoing ordinance was mad for the first lime and passed to its second reading on this the day of ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2004 by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Gan'eft PASSED AND APPROVED, this the ATTEST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of Armando Chapa City Secretary APPROVED: ~o-z~. ~-~- Liaa Agullar {.,,/ Assistant City Attorney for City Attorney ,2004 Samuel L. Neal, Jr. Mayor Mard~ 2 2004 public ac(~s~ n,l~e~ tm:llnanc~.DOC 15 CITY COUNCIL AGENDA MEMORANDUM October 26, 2004 AGENDAITEM: Ordinance amending Code of Ordinances__, City of Corpus Christi, Chapter 55, regarding rules and procedures for public e~'ess cablecasling, providing for severance, providing for publ;~a~on. ISSUE: The o~'dinanca needs to be amended to reflect current practices in the application proc__~_s. Many producers complete applications beginning two weeks pdor to the semi-annual lottery, but some, including new pmducom, complete the application et the lottery meeting. REQUIRED COUNCIL ACTION: Approval of ~ amendments to the Rules and Procedures for Public Ac__-"ess Cabtecasfing found in Article XVlII of Chapter 55 of the Code of Ordinances. RECOMMENDATION: That Council amend the Ordinance regarding changes to the application process. Susan Cable Director of E-Government Services Attachments: Ordinance ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 Article )(VIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES / RESPONSIBILITIES / PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhering to production standards. To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. For random placement of nonrecurring show (i.e., a show that is not regularly produced), Users submit tapes, which are inserted in available timeslots by the PAUG. These are called Occasional Users. Public access user group (PAUG): Users organize themselves according to by-laws, electing among themselves officers and a board of directors. The PAUG conducts a bi-annual public access timeslot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. The PAUG receives and schedules programming submitted by occasional users. The PAUG collects and makes available to cable operators the schedules and tapes for each channel. The PAUG administers the rules and procedures; users may appeal decisions of the PAUG board to the cable commission and, after that, to city council. The PAUG may require series users to pay nominal fees to offset minor operational expenses. October 2004 public access rules ordinance. DOC 2 There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. Cable commission: The cable commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective fl-anchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, with the consent of the cable operators. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the City of Corpus Chdsfi. § 1 Rules for participation. Users must complete and sign a programming contract. In signing the programming contract, the user warrants that the following rules will be observed: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes. No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus October 2004 public access r~les ordinance. DOC 3 Chdsti Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, YHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the cable commission based upon a request from an access user group and/or the cable operator(s). Labeling: All users must clearly label tapes as follows: a. Name of individual producer and organization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: a. Title of the program b. Timeslot number (as determined by Timeslot Lottery). Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: All one-hour programs must be 59 minutes in length, b. All half-hour programs must be 29 minutes in length. October 2004 public access rules ordinance.DOC 4 c. Occasional programming beyond 59 minutes (such as high school spodJng events) may be shown pursuant to rules established by the cable communications commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series users. Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots will be submitted to the cable commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in Section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program. Application: Preferably before No later than two weeks prior to each bi-annual time slot lottery, but no later than the date of the timeslot lottery, each series user must submit a completed public access cablecasting application to their respective access user group, and provide current copies to cable operators, including the following items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: An individual user or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery pedod begins the first Sunday in June through the day preceding the first Sunday in December. The Fall lottery pedod begins the first Sunday in December through the day preceding the first Sunday in June Users will attend the time slot lottery as noted in a and b below. Lotteries will be conducted as follows: October 2004 public access rules ordtnance DOC 5 a. The spring lottery is conducted on the fourth Thursday in April with the new time slots actually beginning on the first Sunday in June. b. The fall lottery is conducted on the fourth Thursday in October with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available time slot. After all users select time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery pedods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional users. Single timeslots of lengths as noted above in section 2, Length, will be available for occasional users on a first-come, first-served basis. Occasional users must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First-come, first-served is determined upon receipt by the PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an odginal in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot If a series user fails to supply tapes for two consecutive weeks for a weekly program, the user forfeits the timeslot for the remainder of that lottery period. A sedes producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that lottery period. After that, if a series user fails to supply a tape for a monthly program dudng the month of scheduled a[ringl the userforf~ffs the time slo[ for the remainder oflthat~bffery pen~oa~. § 4 Defined terms, October 2004 public access rules ordinance. DOC 6 Access user group - As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming - Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectJy to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The cable communications commission has established guidelines conceming the advertisement of commercial products or services in an access program. Holidays - Martin Luther King, Jr. Day, Memodal Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming--means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification - The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") - This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public access time allocated schedule - The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timesiot renewal period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program - A program which was previously aired on any public access channel. Semi-annual time slot renewal period - A period beginning April and October of each year, during which all who wish to request a sedes for the upcoming six months must subrmtanappi~ca[iui~. Sedes -- A locally produced public access show from a single user. A series can be either weekly or monthly. October 2004 public access rules ordinance. DOC 7 User - Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by city council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all padies. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation ofrules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of the rules identified in section 1. The access user group will inform the user who produced the program that is the subject of the complaint of the specific Section 1 rule that has been violated and of the complaining party's name and contact information, if a complaint has been received from an individual or group. If a Section 1 rule has been violated, the Access User Group Board of Directors will mail written notice of the violation to the user. The notification letter shall be sent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The user may appeal the decision of the Access User Group Board of Directors to the cable communications commission by physically delivering to the city secretary's office a wdtten notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cable communications commission shall hold the headng for appeal within thidy (30) calendar days from receipt by the city secretary's office of the notice of appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The commission shall promptly render its decis~onl Appeaqs ofcomm~s~s~on may 5e made to the city council in accordance with the procedures specified in the City Charter. October 2004 public access r~les ordinanc, e DOC If a second adjudicated violation of a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the user will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then the user shall be ineligible to use the public access channels for one year. Periods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a user may timely commence an appeal of a decision specified in a notification letter; or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a User or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the User or Access User Group Board of Directors shall follow procedures established by their group's certified by-laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a User or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, from a User to the Access User Group and then from the Access User Group Board of Directors to the cable provider within three (3) working days. The cable provider shall respond, by email or delivered in writing, within three (3) working days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in wdting, the cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in wdting, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting." SEC3'IQN2_ l[[erany reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the October 2004 public access rules ordinanceDOC 9 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. This ordinance shall take effect upon its publication, or upon the date of its final passage, whichever occurs first. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. A'I-rEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 20, 2004 Samuel L. Neal, Jr. Mayor Lisa Aguilar~~J Assistant City Attorney for City Attorney October 200~ public access rules ordinance,DOC