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HomeMy WebLinkAboutAgenda Packet City Council - 04/18/2006 CITY COUNCIL AGENDA APRIL 18,2006 Corpus Christi AI-Alllerica CiIV 1145 A.M.- Proclamation declaring April 23. 2006 as "Homicide Survivors Support Group 1st Annual Teddy Bear Sunday" Proclamation declaring the week of April 23-29, 2006 as "National Medical Laboratory Professionals Week" Proclamation declaring the week of April 23-29. 2006 as "National Volunteer Week" Proclamation declaring the month of April as "Earth Month" & "Earth Day/Bay Day Celebration" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 18, 2006 10:00 A.M. PUBUC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opporlunity 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 presentation will be limited to three minutes. If you have a petition or other information perlaining to your subject, please present it to the City Secretary Si Usted desea dirigirse al Concilio y cree que su ingles es Iimitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Danny Spears, Metropolitan Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro T em John Marez Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelty Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1 Approval of Regular Meeting of April 11, 2006. (Attachment #1 ) Agenda Regular Council Meeting April 18, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2 * Airport Board Board of Adjustment Coastal Bend Health Facilities Development Corporation Park and Recreation Advisory Committee Sister City Committee * * * * G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, 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 two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support 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. CON.NT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 18, 2006 Page 3 3.a. Ordinance appropriating $200,000 from the Vehicle Capital Reserve in Fund 5110 Maintenance Services, transferring $47,344.88 from Wastewater Operations Fund 4200 to and appropriating in Fund 5110 Maintenance Services for purchase of a vactor truck; amending the FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $247,344.88. (Attachment #3) 3.b. Motion approving the purchase of one (1) vactor truck from Masters International, of Arlington, Texas based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of $247,344.88. The equipment will be used by the Wastewater Department. This unit is a replacement. Funding is available from the FY2005-2006 Capital Outlay Budget in the Maintenance Services Fund and Wastewater Operating Budget. (Attachment #3) 4 Motion approving recommendation of Arts and Cultural Commission for award of a total of $90,369 in subgrant contracts to thirteen arts and cultural organizations, with funding of$61 ,561 from the Hotel Occupancy Tax Fund and $28,808 from the General Fund. Funding is authorized in the FY 2005-2006 budget. (Attachment #4) 5. Resolution authorizing the submission of a grant application in the amount of $473,424 to the Automobile Theft Prevention Authority to continue the motor vehicle theft enforcement grant within the Police Department for Year 6 funding with a City cash match of $234,619 and $12,488 in-kind services, for a total project cost of $720,531 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #5) 6.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $30,000 from the Texas Department of Transportation for the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment #6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 18, 2006 Page 4 6b. Ordinance appropriating $30,000 from the Texas Department of Transportation for the funding of the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) within the Police Department in NO.1 061 Police Grants Fund. (Attachment #6) 7 Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems, Inc., of Montreal, Canada in the amountof$136,500.21 for hardware and software support services on the Emergency 911 System. The term of the contract is three years. (Attachment #7) 8. Motion authorizing the City Manager or his designee to amend the scope of work and move the location of the FY2005 Community Development Block Grant (CDBG) T.C. Ayers Recreation Center Improvements project from 1722 Winnebago to the former Solomon Coles Special Emphasis Elementary gym location at 924 Winnebago. (Attachment #8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving and Construction, of Corpus Christi, Texas in the amount of $74,615.47 for the Casa Blanca Estates Subdivision Drainage Improvements. (Attachment #9) 10. Motion approving the application from Clear Channel Radio, to temporarily close the following street section for the Cinco De Mayo Celebration: (Attachment #10) The northernmost end of Shoreline Boulevard, directly east ofthe Convention Center, beginning 20 feet north of the intersection of Resaca Street and Shoreline Boulevard northward, beginning at 10 p.m., Thursday, May 4,2006 until 1 0:00 a.m., Monday, May 8, 2006 I. PRESENTATIONS: Public comment will not be solicited on Presentation items. 11. WorkSource of the Coastal Bend Quarterly Presentation (formerly Work-Force 1) (Attachment #11 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 18, 2006 Page 5 J. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 12,a. Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 Community Development Block Grant (CDBG) Program. (Attachment #12) 12.b. Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 HOME Investments Partnerships (HOME) Program. (Attachment #12) 13. Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, L.P., of Con roe, Texas in the amount of $1,223,591 for the Storm Sewer Extensions - Group "B" Projects: (Attachment #13) * Villa Drive Drainage Improvements, Phase 1 , Agnes to Baldwin * Greenwood Park Area Drainage Improvements, Phase 1 * Milky Way Drive Outfall Improvements 14 Resolution Supporting the Extension of 1-37 or 1-69 to the Rio Grande Valley of Texas. (Attachment #14) K. PUBLIC HEARINGS: 15.a. Public hearing on proposed orders of the Corpus Christi-Nueces County Public Health District related to food establishment permits and certification of food managers. (Attachment # 15) 15. b. Resolution approving orders ofthe Corpus Christi-Nueces County Public Health District to conduct food establishment permitting and certification of food managers. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 18, 2006 Page 6 15.c. Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi an Interlocal Agreement between the Corpus Christi-Nueces County Public Health District and the City of Port Aransas to conduct food establishment permitting and inspections. (Attachment # 15) ITEM TO BE CONSIDERED AT 1:00 P.M.: 16.a. Public hearing to receive public comments regarding the City of Corpus Christi's proposed FY2006 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 16) 16.b. Council discussion and possible action on a tentative list of projects/activities to be funded. (Attachment # 16) ZONING CASES: (NONE) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE UMIT 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 the meeting: therefore, please speak into the microphone located at the podium and state your name and address. If you have a petftion or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es Iimitado, habr8 un inter prete ingles-espafiol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL SERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda RegWar Council Meeting April 18, 2006 Page 7 M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 17. Executive session under the Texas Government Code Section 551.071 regarding the claim of Minandro Mojica III, Rhonda Mojica, and Marilyn C. Dietz, and purchase of property located at 5025 Edinburg Circle, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 18 CITY MANAGER'S REPORT * Upcoming Items 19. MAYOR'S UPDATE 20 COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 18, 2006 Page 8 O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin boar~ a~'5..front entrance tlJ\. ~C~ty H~li'. 1201.. Leopard Street, at _: p.m., ~:iLl~___ _.2006. A~ City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 11 ,2006 - 10:00 a.m. PR~SENT Mayor Henry Garrett Mayor Pro T em John Marez Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Robert Um and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 28, 2006. A motion was made and passed to approve the minutes as presented. * * * . * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 13). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Item 12. There were no comments from the public. A motion was made, seconded, and passed to approve Items 2 through 13, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: 2.a. RE:SOLUTION NO. 026721 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Deparbnent of State Health Services in the amount of $80,000 for diabetes prevention and management services. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 2.b. ORDINANCE NO. 026722 Ordinance appropriating a grant from the Texas Department of State Health Services in the amount of $80,000 in the No. 1066 Health Grants Fund for diabetes prevention and management services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 11, 2006 - Page 2 3.a. MOTION NO. 2006-100 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Health and Human Services Commission to provide summer lunches and snacks to citizens ages one to eighteen at summer youth recreation programs throughout the community. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO. 026723 Ordinance appropriating a $416,840 grant from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.c. RESOLUTION NO. 026724 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4 RESOLUTION NO. 026710 Resolution authorizing the submission of a grant application in the amount of $42,294 to the State of Texas, Office of the Governor, Criminal Justice Division for Year 2 funding of a Crime Scene Technician grant in the Police Department with a City match of $34,700, for a total grant application of $76,994, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5 ORDINANCE NO. 026725 Ordinance appropriating $21,825 of revenue from the sale of obsolete Corpus Christi Police Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD ammunition; amending the FY 2005-2006 Operating Budget adopted by Ordinance 026385 by increasing appropriations by $21,825. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 11. 2006 - Page 3 6.a. MOTION NO. 2006-101 Motion authorizing the City Manager or his designee to procure SafetyPAD an automated patient tracking software application from Open, Inc., of Saint Paul, Minnesota in an amount notto exceed $112,583.01. SafetyPAD is an automated patient tracking system specifically designed for use by Emergency Medical Service (EMS) in the field. Not only will this purchase improve the operations of EMS it will simultaneously serve to meet new Federal Emergency Management Agency (FEMA) initiatives as well. This item falls under the public safety exception to competitive bidding requirements. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6.b. MOTION NO. 2006-102 Motion authorizing the City Manager or his designee to procure sixteen T oughbook tablet PCs from Insight Enterprises, Inc., of Tempe, Arizona in an amount not to exceed $57,664. These tablet PCs are specifically designed for use by the EMS technicians and will be used with Safety PAD , an automated patient tracking system, to meet new FEMA initiatives. Insight Enterprises, Inc., is an approved Texas Catalogue Information Systems vendor. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7 MOTION NO. 2006-103 Motion authorizing the City Manager or his designee to execute an Architectural Services Contract with Chuck Anastos Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for a total contract amount of $30,000 for the Water Department Buildings Architectural Condition Survey Phase 2 (FY2005-2006). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". B.a. ORDINANCE NO. 026726 Ordinance appropriating $82,031 from the Unappropriated Interest Earnings from Wastewater Capital Improvement Program Fund 3430 for the Oso Trunk Main Manhole Replacement project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $82,031. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 11, 2006 - Page 4 8.b. MOTION NO. 2006-104 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in the amount of $82,031, for a total re-stated fee of $772,191, for the Sanitary Sewer Trunk Main Rehabilitation Project for the Oso Trunk Main Manhole Replacements. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9. MOTION NO. 2006-105 Motion authorizing the City Manager to execute a Deferment Agreement for half street construction with Mostaghasi Investment Trust, (Developer), in the amount of $83,250.49 for the installation of street paving, curb, gutter and sidewalks, and storm sewer public improvements to serve Cimarron Estates Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section IV- Required Improvements, Subsection A.12(c). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. ORDINANCE NO. 026727 Ordinance abandoning and vacating 4,387.50-square foot portion of a 15-foot wide utility easement out of Lots 8-10 and Lots 16-18, Block 191, Padre Island NO.1 Subdivision; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. ORDINANCE NO. 026728 Abandoning and vacating a 133.01-square foot portion of the Oso Parkway public right-of- way, out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1, Phase 1; located at the intersection with Garden Court public right-of-way, approximately 520 feet south of Lens Drive; subject to compliance with the specified conditions. (First Reading 03/28/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes - Regular Council Meeting April 11 , 2006 - Page 5 12. ORDINANCE NO. 026729 Amending Ordinance No. 021822 as amended by Ordinance No. 022351 authorizing the United States of America (National Weather Service) the option to automatically renew its lease with the City of Corpus Christi from year to year unless notice is provided by the United States Government thirty days prior to the annual renewal date that it will not exercise its renewal option. (First Reading 03/28/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 13. ORDINANCE NO. 026730 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting. (First Reading 03/28/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" * * * * * * * * * * * * * Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0206-07, Mark D. Stockseth: A change of zoning from a "R-1B" One-family Dwelling District to a "RE" Residential Estate District. The property being 26.733 acres, consisting of a portion of Lots 1, 2, and 3, Section 36, Flour Bluff and Encinal Farm and Garden Tracts, located on the west side of Roscher Road and south of Ramfield Road. City Secretary Chapa said the Planning Commission and staff recommended approval of a "RE" Residential Estate District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 026731 Amending the Zoning Ordinance, upon application by Mark D. Stockseth, by changing the zoning map in reference to 26.733 acres, consisting of a portion of Lots 1, 2, and 3, Section 36, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 Bn One-family Dwelling District to "RE" Residential Estate 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 15, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting April 11, 2006 - Page 6 Case No. 0306-01. Kvle McGee: A change of zoning from a "R-1 B" One-family Dwelling District and an "A-1" Apartment House District to a "B-4" General Business District. The property being 4.01 acres out of the southwest comer, Lot 32, Section 18, Flour Bluff and Encinal Farm and Garden Tracts; located along Holly Road, 800 feet east of Airline Road and 300 feet west of Woodbend Drive. City Secretary Chapa stated the Planning Commission and staff recommended approval of a "84" General Business District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows 15. ORDINANCE NO. 026732 Amending the Zoning Ordinance, upon application by Kyte McGee by changing the zoning map in reference to 4.01 acres out of the southwest comer, Lot 32, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" One-family Dwelling District and "A-1" Apartment House District to "8-4" General Business 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 16, and a motion was made, seconded, and passed to close the public hearing on the following zoning case: Case No. 0306-02. Morteza Shafinurv: A change of zoning from an "A-1" Apartment Home District to a "B-4" General Business District. The property being 3.18 acres out of a 22.04 acre tract in a deed to Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located along Yorktown Road and east of Annemasse Street. City Secretary Chapa stated the Planning Commission and staff recommended denial of a "B-4" General Business District and. in lieu thereof, approval of a "B-1" Neighborhood Business District. Assistant Director of Development Services Michael Gunning stated that the applicant was requesting the change in zoning to develop a neighborhood shopping center. The property was located at the comer of Annemasse Street and Yorktown Boulevard, just west of Cimarron Boulevard. The subject site abuts against established single-family areas on Sir Jack Street, King's Crossing, and a church. Staff therefore recommended the denial of the "B-4" General Business Dismct because of the objectionable uses allowed in the "B-4" as a matter of right, including auto sales and repairs, bars, and restaurants. Mr. Gunning stated that he spoke with the applicant prior to the public hearings, and he had verbally agreed to the "B-1" Neighborhood Business District. He reviewed a number of photos of the subject site. Mayor Garrett asked for public comment. Mr. Steve Smithers, 6233 Sir Jack Street, and Mr. Todd Freund, 6213 Sir Jack Street, spoke in favor of staff's recommendation. Mr. Smithers asked what type of businesses the developer planned to erect on the subject site. Mr. Gunning replied the proposed plan was for a retail center. He said Mr. Shafinury, the Minutes - Regular Council Meeting Aprif 11, 2006 - Page 7 applcant, spoke with a number of residents and they spoke against any second or third story units with views into their backyards. Staff and the applicant considered the "B-1" zoning to be a reasonable compromise. Mr. Freund pointed out that the Annemasse Street had past drainage problems that could worsen if the area was paved over Mayor Garrett asked if the developer planned to erect any two-story structures. Mr. Gunning replied that he was uncertain whether the developer planned any two-story structures. The "B-1" zoning district had a height limitation of 35 feet, similar to the height restrictions for a single-family residence (three stories). Based on his preliminary discussions with Mr. Shafinury, Mr. Gunning stated that the property would probably be developed as a one-story retail center. In response to Mayor Garrett's question, Mr. Gunning stated that a multi-family dweUing (apartment complex) could be built in a "B-1" zoning district, but it was unlikely because the current zoning district only allowed for apartments or single-family dwellings. Mr. Garcia asked about planned improvements for the intersection of Cimarron and Yorktown Boulevards. City Engineer Angel Escobar replied that the city was currently advertising for construction bids for the Cimarron and Yorktown Boulevards project. Staff hoped to commence construction in June, when the school year was over, to facilitate the work near Mireles Elementary. The project was scheduled for completion in February 2007. Phase 1 of the project called for traffic signaling and limited turning lanes; Phase 2, from Yorktown Blvd. to Saratoga Blvd., called for turning lanes to the north. Mr. Garcia asked if the project would include underground drainage to alleviate the flooding prOblems in the area. Mr. Escobar answered affirmatively. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 16 ORDINANCE NO. 026733 Amending the Zoning Ordinance, upon application by Morteza Shafinury by changing the zoning map in reference to 3.18 acres out of a 22.04 acre tract in a deed to Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "A-1" Apartment House District to "B-1" Neighborhood Business 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: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 17, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0306-03, Habitat for Humanity Corpus Christi: A change of zoning from a 'R-1 B" One-family Dwelling District to a "R-1C" One-family Dwelling District. The property being 0.240 acres out of Champion Addition Lot 4. located along the west side of Winters Street, 350 feet southwest of Horne Road. City Secretary Chapa stated the Planning Commission and staff recommended approval of a "R-1 C" One-family Dwelling District. Mayor Garrett asked for public comment. Mr. O.K. Smith, 3409 Derby, spoke in favor of the zoning change. Minutes - Regular Council Meeting April 11. 2006 - Page 8 Mr. Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 026734 Amending the Zoning Ordinance, upon application by Habitat for Humanity, by changing the zoning map in reference to Champion Addition Lot 4, from "R-1B" One-family Dwelling District to "R-1C" One-family Dwelling 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0206-02. Chili PepDef Properties. Inc.. Gary Cadena. and Timothv Lawson: A change in zoning from a "R-1 B" One-family Dwelling District to an "A-2" Apartment House District. The property being 11.4 acres out of Wesfs Laguna Madre Place Tract A, Lots 1-5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (raplat), Laguna Madre Acres Tracts 13 and 14, Volume 1363, Page 449, located west of Laguna Shores Road and McNelly Street intersection and south of Glenoak Drive. (Tabled 03/21/06) City Secretary Chapa stated the Planning Commission and staff recommended approval of an "A-2" Apartment House District. Mr. Chapa stated that the Council first considered this item on March 21, 2006, and decided to table it until today. He said, however, that the applicant had submitted a letter requesting that the CouncH continue to table the item until May 16, 2006. Mr. Scott stated that the Council had tabled the item on March 21 to allow the applicant and the residents to meet regarding their issues. He said he found out yesterday that the parties had not met, to his disappointment. He understood, however, that the parties had agreed to meet after today's meeting. Mr Scott said he would support the motion to table the item again if needed. Mr. Garcia strongly encouraged the parties to meet and discuss their differences. He was led to believe initially that one party was not willing to speak with the other party, but Mr. Scott told him that this was not the case. If the parties were not willing to talk to each other, then Mr. Garcia did not see the purpose in tabling the item. Mayor Garrett agreed with Mr. Garcia. Mr. Scott understood that the applicant had attempted to contact the residents' representative, but his call was not returned Mr. Gunning added that prior to the Council's decision to table in March, he said the neighborhood association and the developers met in his office. While there was no resolution at that time, the applicant indicated that he was willing to accept "A-1" zoning rather than "A-2" zoning. The neighborhood representatives, however, expressed a desire to have the area developed as single-family residences. He understood that the applicant attempted to coordinate a second meeting before today's hearing, but did not know whether it had occurred. Mr. Scott understood that the applicant had made changes to his request as a result of the meeting, but did not know whether they would be acceptable since the parties had not met. He asked the applicant to explain further. Minutes - Regular Council Meeting April 11, 2006 - Page 9 Mr. Paul Lozuk, representing the applicant, stated that during the first meeting held with Mr. Gunning, the residents expressed concems regarding infrastructure, drainage issues, and the types of improvements allowed under the zoning change being requested. He said the applicant had agreed to develop an alternative plan(s). Since the meeting, he said an architect had been working on drawing plans to see whether the building's orientation could be changed. He noted, however, that the applicant was drawing the plans without knowing what type of infrastructure was needed to support the development. Mr. Lozuk said the plans they obtained were not available until right before the March public hearing. Since that time, he and the developer had been out-of-town for brief periods. Although calls were made to Ms. Norma Marshall, a resident representative, he said they were not able to meet before today's public hearing. He apologized for the delay. He said Mr. Scott Corliss and Ms. Norma Marshall, resident representatives, had agreed to meet with the developers today to discuss the new plans. Mr. Scott Corliss stated that the neighborhood had many concems about the proposed project that were being heightened by the lack of communication between the parties. The neighborhood opposed to any high-density development in their area because of traffic and run-off issues. Mr. Corliss stated that Ms. Marshall had no record of any messages from Mr. Corliss about meeting. He asked the Council to deny the applicant's request if the parties could not come to a resolution after today's meeting. Mayor Garrett asked that if tabling the item for two more weeks would help the parties come to an agreement. Mr. Corliss stated that the residents preferred to table the item until May 16. Mr. Scott made a motion to table the item until May 16, seconded by Mr. Kelly, and passed. 18 TABLED UNTIL MAY 16, 2006 Amending tho Zoning Ordinance, upon application by Chili Pepper Properties, Inc., by shanging the zoning map in refer-once to 11.4 acres out of West's Laguna Madre Plaoo, Tract 1'" Lots 1 5, Traet 8, Lots 1 and 4 8, Tract C, Lots 1 e and B 11, Traot 15 (Replat), Laguna Madre Acres Tracts 13 and 14, Volume 1363, P:lge 449, from"R 18" One family Dv.'elling District to "f\ 2" I\partment House District; amending the Comprehensi'Je Plan to account for any deviations from the existing Comprehensive Plan. The Council emphaSized that they would not consider another request to table this item. A motion was made, seconded, and passed to close the public hearing. ************* Mayor Garrett referred to Item 19.a., and a motion was made, seconded, and passed to open the public hearing on the following zoning ordinance amendment: 19.a. Public hearing to consider amending the zoning ordinance to provide for more uniform regulation of height, size, and number of sign and signage, by revising Article 11. "AB" Professional Office District Regulations; Article 12. "B-1" Neighborhood Business District Regulations; Article 12a. "B-1A" Neighborhood Business Regulations; Article 15. "B-3" Business District Regulations; Article 16. "B-4" General Business District Regulations; Article 17. "B-5" Primary Business District Regulations; Article 20. "1-2" Light-Industrial District Regulations; Article 21. "1-3" Heavy Industrial District Regulations; and Article 33. Permits, Plats and Filing Fees; providing for an effective date. Director of Development Services Barbara Holly stated that in October 2006, the City Council approved a 18O-day moratorium on the issuance of sign age permits on Saratoga Boulevard. Minutes - Regular Council Meeting April 11 2006 - Page 10 With broad-based support from the community, she said staff was presenting an emergency ordinance today to limit the unlimited signage provisions currently allowed within the zoning ordinance. Ms. Holly provided a list of the Ad-Hoc Sign Committee charged with reviewing the current signage requirements in the zoning ordinance and making recommendations. The membership included three Planning Commissioners, Bryan Stone, Javier Huerta, and Michael Pusley, as well as eleven citizen members from various business, signage, and community sectors. Ms. Holly stated after three meetings, the Ad-Hoc Sign Committee reached a consensus on eliminating the unlimited signage provision of the zoning ordinance and establishing standards based on street classifications. She explained that the existing sign regulations were based on zoning classification. If a business owner wished to increase the size of their signage, for example, he or she would request a zoning change to a more intense zoning classification. Currently, unlimited signs were permitted in business and industrial zoning districts. She said the proposed sign ordinance would prohibit unlimited signage in the city. Ms. Holly stated that the proposed sign ordinance based the signage allowance upon the size and classification of the street next to the businesses. For a single tenant free standing sign, for example, the ordinance allowed for one sign per street frontage/driveway access or one freestanding sign per separate building. On an expressway or freeway, the sign was permitted to be 350 square feet and 65 feet high. Signs along arterials were permitted to be 200 square feet and 40 feet high. On collectors, signs were permitted to be a maximum of 64 square feet and 20 feet high. In addition, the ordinance provided that the square footage for wall signs could not exceed 25 percent of the building square footage for each elevation. Ms. Holly discussed the regulations for a multi-tenant (three or more tenants) free standing sign, also based on street classification. One sign per street frontage or per lot was allowed, but if the sll'eet was an expressway, then the sign square footage was 65 ft. high and a maximum of 650 square-feet. Signage on arterials, on the other hand, was allowed to be a maximum of 50 feet high and 500 square-feet in area. Ms. Holly also discussed the multi-tenant provisions for additional freestanding signage for a building greater than 25,000 square-feet, and wall signage. Finally, she pointed out that special signage requirements were developed for fueling stations and for new autoltruck sales and service establishments. Ms. Holly stated that certain types of signs were exempt from the sign ordinance provisions. On-premise directional signs for entrance and exit, menu boards, and directory boards were not regulated as to the sign area, number, and height calculations. Ms. Holly reported that the Ad-Hoc Committee felt that certain arterial street sections in the city needed more protection from sign proliferation; thus, specific streets would be regulated as collector street sections. She provided a list of the sections of north to south arterials with maps as follows: McKinzie Rd., Rand Morgan Rd., Greenwood Rd., Weber Road, Everhart Rd., Airline Rd., Cimarron Rd., and Waldron Road. Section of the east to west arterials were as follows: Ocean Dr., Alameda Street, Horne Rd., Gollihar Rd., McArdle Rd., Holly Rd., Williams Drive, and Yorktown Boulevard. In conclusion, Ms. Holly recommended that the Council adopt the proposed sign ordinance on an emergency reading because the 180-day moratorium, beginning on October 18, would end on Aprit 16. She thanked Michael Gunning, Faryce Goode-Macon, Sylvia Arispe, and other Development Services staff for their efforts on this project. Ms. Cooper made a motion to open the public hearing on Item 19, seconded by Mr. Scott, and passed There were no comments from the audience. Mr. Garcia made a motion to close the Minutes - Regular Council Meeting April 11. 2006 - Page 11 public hearing, which was seconded and passed. Mr. Kelly asked why Northwest Boulevard was not included among the arterial streets granted special protection from sign proliferation. Ms. Holly replied that the streets selected for special protection were chosen based on existing or expected development patterns. Those areas considered primarily residential or less of a general business area were protected by reducing the sign size, number, and height provisions. Mr. Gunning added that Northwest Boulevard was not originally included in the group of streets considered, but they recognized that segments of Northwest Boulevard were more residential in nature, especially along the north side. Based on the existing commercial development, however, it was decided to exclude Northwest Boulevard from the list. He said the Council could add Northwest Boulevard to the list of protected streets if desired. Mr. Kelly made a motion to amend the ordinance to include Northwest Boulevard from C.R. 69 west to the city limits, away from Five Points; seconded by Ms. Cooper. Mr. Garcia stated that it was uncertain how this area of Northwest Boulevard would ultimately be developed. He expressed concern that in the future, the city would be tying the developers' hands if that area was commercially developed. He asked if the city had the ability to amend the ordinance in the event that this occurred. Ms. Holly answered affirmatively, saying the type of future development could go either way. Ms. Camm Dougherty, 2206 Mercury, stated that she served on the Ad-Hoc Sign Committee. She took exception to Mr. Kelly's proposed amendment because she felt it was excessively restrictive to businesses. She felt that F.M. 624 and Northwest Boulevard would be classified as arterials with primarily commercial development. Mr. Kelly replied that Northwest Boulevard was the main street in the area, and he felt it deserved the enhanced protection that other key streets in the city were getting. Once the residential development was established, he said neighborhood businesses would be developed to service the residents, and did not require an arterial's enhanced signage provisions. Mr. Chesney stated that today's proposed sign ordinance was the product of hours of discussion and consensus building by the committee. While he felt Mr. Kelly's concerns were valid, he did not feel comfortable with approving Mr. Kelly'.s amendment without first running it through the committee process. Ms. Holly reminded the Council that the moratorium was scheduled to end on April 16. She proposed that the Council pass the ordinance as presented today, and then the group would reconsider the Northwest Boulevard issue and provide a recommendation within 30 days. Mr. Garcia and Mr. Scott spoke in support of Ms. Holly's suggestion, saying it would give Mr. Kelly an opportunity to speak with his constituents about the matter. Mr. Kelly withdrew his motion to amend. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 11, 2006 - Page 12 19.b. ORDINANCE NO. 026735 Ordinance amending the Zoning Ordinance to provide for more uniform regulation of height, size, and number of sign and signage, by revising Article 11. "AB" Professional Office District Regulations; Article 12. "B-1" Neighborhood Business District Regulations; Article 12a. "B-1A" Neighborhood Business Regulations; Article 15. "B-3" Business District Regulations; Article 16. "8-4" General Business District Regulations; Article 17. "B-5" Primary Business District Regulations; Article 20. "1-2" Light-Industrial District Regulations; Article 21. "1-3" Heavy Industrial District Regulations; and Article 33. Pennits, Plats and Filing Fees; providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". It...**.****** Mayor Garrett opened discussion on Item 20, a request by five petitioners to repeal two ordinances related to the beach closure to vehicular traffic along Packery Channel. Item 20.a. called for the repeal of Ordinance No. 026716 regarding the traffic provisions of the beach closure; Item 20.b. called for the repeal of the penultimate paragraph of Ordinance No. 026717 regarding the charter amendment provisions. City Secretary Chapa explained that the citizens were initiating the referendum proceedings in the City Charter to repeal the ordinances, but Legal staff had determined that Ordinance No. 026717 could not be repealed through the City Charter's referendum process. Mayor Garrett called for public comment. Mr. Bill Kopecky, 3609 Topeka, stated that his group had prepared its own charter amendment for which they would begin seeking signatures in support. He asked the Council to reconsider and rescind Ordinance No. 026717, otherwise, there coutd be two competing charter amendments on the ballot. Mr. Abel Alonzo spoke against any effort to run the city "by referendum". He ask~d the city to strengthen their public education efforts so citizens would understand that the beach would only be closed to vehicular traffic. Mr. Johnny French, 4417 Carlton, asked the Council to reconsider and rescind both ordinances Mr. Marez asked City Attorney Fischer to explain her interpretation regarding the charter amendment petition. City Attorney Fischer stated that Art. 1, Sec. 4(b) of the City Charter stated that the powers of initiative and referendum provided for in the Charter would not apply when another referendum procedure was available under State law. Since the Texas Local Government Code provided another procedure to petition a proposed Charter amendment, the City's referendum process was moot. Under Section 9 of the Local Government Code, Ms. Fischer stated the group was required to create a separate charter amendment and petition. Mr. Noyola asked if the city were to change the language in the next to last paragraph of its Charter amendment, would the coalition continue with the petition process. Mr. Kopecky replied that the coalition preferred to submit a petition because it would prohibit the city from making any changes to the ordinance or from canceling the election. He said the Local Government Code provided 180 days for the group to obtain signatures. He stated that the group could manipulate the election date depending on when they submitted the petition. Mr. Noyola said he had committed to a Charter Amendment prohibiting beach closures Minutes - Regular Council Meeting Aprit 11, 2006 - Page 13 without voter approval. He spoke against rescinding the city's Charter Amendment. Mr. Noyola asked if the proposed trolley between the parking lots to the seawall would be free. City Manager Noe replied that it was uncertain whether there would be a charge for the trolley. The current ordinance simply required a dialogue on the subject between the City, the Regional Transportation Authority, and the resort project developer. Mr. Noyola stated that a constituent had contacted him and spoken against any fees for the trolley service. Mr. Noyola wanted a guarantee that the trolley service would be provided free of charge, so he asked if the ordinance could be amended to reflect this. Mr. Kinnison questioned how the city could guarantee that the trolley service would be free, noting that the city had not committed any funding to the project. Mr. Scott noted that the deliberations between the parties had a long way to go, and it would be difficult to determine the outcome now. City Manager Noe added that the ordinance provided that the Council would have to approve any changes before they were enacted. Mr. Noyola reiterated that he did not want the tram service to charge a fee. Mr. Kinnison asked for the referendum process timeline for the traffic ordinance. City Attorney Fischer and City Secretary Chapa stated that if petitioners submitted the petition pages within 60 days from tomorrow, when they would be handed the pages, the election date would be on November 7. If they submitted the petition between 60 and 90 days, the election date would be on April 7. Mr. Kinnison asked for the referendum process timeline on the Charter amendment ordinance. City Attorney Fischer responded that there was no specific deadline, but the signatures were only good for 180 days. Mr. Kinnison asked if the coalition submitted the petition on September 1, when would the election be called. City Secretary Chapa replied that the election would be held in April. In response to Mr. Kinnison's question, Mr. Chapa stated that the Council could call an election a minimum of 62 days before the date, but staff was requesting 75 days to cornplete the submission. Mr. Kinnison noted that if the coalition wanted a November election, they would need to submit the petition in early August. Mr. Kinnison noted that the city's proposed Charter Amendment was set for an April 7 election date. If the Coalition turned in their Charter Amendment petition in time for a November election, Mr Kinnison asked if the city could move their proposed Charter Amendment date to November as well City Secretary Chapa and City Attorney Fischer answered affirmatively. In response to Mr. Kinnison's question, City Attorney Fischer replied that the Chapter 10 of the City Code of Ordinances allowed the city manager and police chief to address public safety issues immediately, but on a temporary basis only. Mr. Kinnison asked if the Council had the authority to address public safety issues without being limited by the proposed Charter Amendment. Ms. Fischer replied that the Council could direct the city manager to make changes to the speed limit with regard to public safety concerns surrounding speed limit, traffic regulation, and the like, with GLO approval. The Council took no action on Items 20.a. and 20.b. ************* Mayor Garrett opened discussion on Items 21.a. through 21.d. regarding the Traffic Congestion Management Project at Airline Road Northbound Right- Tum Lane at SH 358 Eastbound Frontage Road. City Engineer Angel Escobar explained that Item 21.a. executed a Developer Cost Share Agreement with SOl Realty in the amount of $36,926.65 for the construction of the right-turn lane on Airline Road and SP.I.D Item 21b. amended the agreement to allow the city to put the Minutes - Regular Council Meeting April 11 , 2006 - Page 14 remaining portion of the work, at a cost of approximately $13,925.65, into escrow for up to five years. The funds would be deposited into an infrastructure fund. Item 21.d. provided for the execution of Change Order No.4, allowing for the construction contract to be issued for the project. Mr. Escobar stated that since the Council last considered the case on June 28,2005, staff had negotiated an agreement and an amended agreement with SOl Realty on the proposed work. He said the proposed work consisted of the following aspects: materials and installation of delineators/curb along the right turn lane; materials and installation of delineators along the double yellow center line separating traffic; and a new traffic island at the intersection of Airline Road and S.H. 358 to address the traffic safety issues from the driveway approaches onto Airline Road. Upon further review, however, staff determined that the delineators along the double yellow centerline were not warranted at this time, and would be deferred to review the need for additional access management measures. Therefore, staff proposed that the Developer's share for the cost of the delineators required for the double yellow centerline be escrowed in an interest bearing account for five (5) years. If conditions warranted the installation, businesses in the area would be notified, the escrow monies would be used, and additional Council approval would be required prior to installation. Mr. Garcia asked questions about the reconfiguration of Airline Road. Under staffs current recommendations, the westside of Airline Road would not be impacted by the traffic management plan at this time. If the westside needed to be reconfigured in the future, then it would require Council approval. Mr. Scott asked staff to provide a report on the traffic light signalization at Williams and Airline. He had heard that the traffic stacked up at this intersection during the rush hour. Mr. Kinnison asked questions about the turning movement studies performed along Airline Road. He asked how long the city was going to monitor the area. Mr. Escobar answered that traffic engineering performed an annual survey of the site, unless the number of reported accidents increased significantly. Mr. Massey added that the Police department and the Transportation Advisory Committee reviewed the accident count on a monthly basis as well. Mr. Kinnison noted that making a left turn onto Airline from the Circle K driveways was unsafe, so he asked staff to monitor the situation carefully. Mayor Garrett asked for public comment. Mr. Abel Alonzo thanked Engineering for their efforts, and noted that the intersection of Williams Drive and Airline Road. He commented that this project was funded with Bond 2004 proceeds. City Secretary Chapa polled the Council for their votes as follows: 21.a. MOTION NO. 2006-106 Motion authorizing the City Manager or his designee to execute a Developer Cost Share Agreement with SOl Realty of Houston, Texas, in the amount of $36,925.65 for the construction of the Traffic Congestion Management Project at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road for the Developer's share of access management improvements. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. Minutes - Regular Council Meeting April 11 , 2006 - Page 15 21.b. MOTION NO. 2006-107 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Developer Cost Share Agreement with SOl Realty of Houston, Texas, for construction of the Traffic Congestion Management Project at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road (BOND ISSUE 2004) to provide for the escrow of funds pertaining to the installation of traffic delineators along the double yellow center line of Airline Road until determination of need is established or a period of five years has expired. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. 21.C. ORDINANCE NO. 026736 Ordinance accepting a payment in the amount of $36,925.65 from SOl Realty and appropriating $23,000 in the No. 3530 Street Capital Improvement Program Fund and $13,925.65 in the No. 4730 Infrastructure Fund for the developers share of construction of the Traffic Congestion Management Project at Airline Road northbound right-turn lane at SH 358 eastbound frontage road (BOND ISSUE 2004); amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $23,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. 21.d. MOTION NO. 2006-108 Motion authorizing the City Manager or his designee to execute Change Order No.4 to a construction contract with King Isles, Inc. of Corpus Christi, Texas, in the amount of $188,245.35 for construction of the Traffic Congestion Management Project at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road (BOND ISSUE 2004). The foregoing motion was pas~ and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. Mayor Garrett opened discussion on Item 22 regarding the Leopard Street Roadside Safety Improvements Project, Phase 1. City Engineer Angel Escobar reported Item 22.a. awarded the construction contract for the project to Reese Contracting, Inc. The project was funded through two funding sources, Bond 2000 proceeds and the Council-approved Storm Water Capital Improvement program. The construction would extend from Warpath Street to Rolling Acres Drive (north side only), providing an underground drainage system that would eliminate the existing ditches ending at Turkey Creek. Once the underground pipe was installed, the city would install pedestrian sidewalks along the area, using Bond 2000 Sidewalk Improvement program funds. Finally, Mr. Escobar explained that Item 22.b. was a contract for construction inspection services awarded to Goldston Engineering for $72,000. Mr. Kelly commented that the Tuloso-Midway Middle School had been waiting for the sidewalk improvements for a long time. Due to the lack of a sidewalk, children walking out of the ROling Acres subdivision to school had been walking on the shoulder of Leopard Street. He stated that a number of County Commissioners were considering contributing county monies to the project, He asked if it was possible to expand the project to Rand Morgan with the additional funding source. Mr. Escobar answered affirmatively, saying the city could bid for a separate contract to Minutes - Regular Council Meeting April 11, 2006 - Page 16 complete the work. Mr. Massey noted, however, that the project involved extensive utility work, so funding for the sidewalk only would be insufficient. Mr. Kelly stated that the city's original estimates for sidewalk improvements from Rand Morgan to Rayfield totaled $20 million. He asked if the estimates were still accurate. Mr. Escobar repled negatively, saying prices have increased 20 to 25 percent over past estimates in the last two years. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. 2006-109 Motion authorizing the City Manager or his designee to execute a construction contract with Reese Contracting, Inc., of Corpus Christi, Texas in the amount of $1,050,000.50 for the Leopard Street Roadside Safety Improvements, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 22.b. MOTION NO. 2006-110 Motion authorizing the City Manager or his designee to execute Amendment No. 4 with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $72,000 for a total re- stated fee of $191 ,920 for construction inspection services for the Leopard Street Roadside Safety Improvements, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ************* Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 23, a second-quarter report on the Health BenefitslRisk Management fund. Director of Human Resources Cynthia Garcia began with the Health Benefits fund, and reported that the number of claims filed by plan on a monthly basis had increased slightly from 5,966 last year to 5,990. Ms. Garcia reported that the dollars paid by plan including prescriptions indicated that the costs were rising. The average monthly payment for claims this quarter was $1,562,000, increasing from $1,278,000 last year. Ms. Garcia reported that the cost per claim was an average of $259.57, compared with last year's cost of $214. Ms. Garcia referred to a chart comparing the claims numbers with the costs per plan. She noted that the number of claims in the Citicare plan decreased by 2.95 percent, and increased in terms of dollars paid by 7.35 percent. Citicare Fire increased the number of claims by 8.75 percent and increased the number of dollars paid by 90.08 percent. Citicare Police decreased the number of claims by 16.81 percent and decreased the number of claims by 9.67 percent. Citicare Basic increaaed the number of claims by 31.13 percent, and increased the dollars paid by 109.84 percent. Ms. Garcia explained that as the Citicare premiums increase, more individuals were switching to Citicare Basic. Finally, she stated the Pharmacy claims costs increased by 3.51 percent, and the dollars paid increased by 13.43 percent Minutes - Regular Council Meeting April 11 , 2006 - Page 17 Ms. Garcia reported that the city's actuary provided preliminary information regarding the status of the health plans next year. The actuary predicted an increase would be necessary in Citicare next year to continue to operate in the black; the amount of the increase would depend on the plan structure. In addition, she said staff was sending data to the actuary for an analysis of small increases in co-pays, restructuring of the benefits, increases and decreases in deductibles, and the inclusion of wellness benefits. She said staff had held preliminary discussions with the Fire and Police unions regarding their plans. Regarding the Workers' Compensation fund, Ms. Garcia reported that 503 claims were filed within the first two quarters of this fiscal year, compared to 480 claims for the same period last year. The incurred cost number through the second quarter was $707,974, compared with $565,031. Ms. Garcia referred to a graph depicting the dollars paid in current year for prior years' claims. The total amount was $914,840. Ms. Garcia referred to a graph depicting the year-to-date claims count comparison by department. She said Police had increased by eight claims; Solid Waste increased by 16 claims; and Water department had increased by nine claims. The following departments with decreased claims in the second quarter were as follows: Fire, Parks, Wastewater, Streets, and All Other. The Gas department claims were the same compared to last year. Ms. Garcia referred to a graph depicting the year-to-date incurred cost comparison, which showed an increase of $142,943. The Solid Waste department increased by $110,191. Police, Fire, Water, Gas, and the All Other categories also had increases. Parks, Wastewater, and Street departments decreased costs. Ms. Garcia referred to a graph depicting the year-ta-date claims count by type of injury (period ended January 31). She said strains, contusions, lacerations, and sprains were the most common injuries. Two new categories being tracked were multiple physical injuries and injuries or damage caused by glasses. contacts, and or artificial appliances. Ms. Garcia reported that general liability claims had decreased by 33 claims in the second quarter. The dollars paid in the current year for previous years' claims were $430,169. Finally, Ms. Garcia reported on types of claims for the period ended January 31. She noted that vehicle damage claims continued to be the largest number of claims filed, but had decreased by 18 claims this quarter. Overall, she said claims filed had decreased this quarter by 33 claims. Ms. Garcia referred to a quarterly report the Council had received discussed a claim filed in the second quarter for over $1 million. She said the claim was close to settlement, and the reserves had been reduced to $50,000. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Sean Michael Hazuda with Metro Ministries stated that the Council had approved $250,000 in FY 2005 CDBGIHOME funds for the McArdle Road facility, and Metro Ministries was also requesting $225,000 in FY 2006 CDBG/HOME funds for the same project. Due to the recent public outcry against the McArdle location, however, Metro Ministries canceled that project. Consequently, he said next week, Metro Ministries would be requesting the reallocation of FY 2005 CDBGIHOME funds and the re-designation of the FY 2006 request for the 1906 Leopard Street facility renovation. He said the total project cost was approximately $500,000 to $600,000. He invited the Council to visit the Leopard Street facility. Minutes - Regular Council Meeting April 11, 2006 - Page 18 The Council spoke in support of the Metro Ministries' mission. Mr. Scott offered staff assistance in finding an alternate location for the McArdle project. City Manager Noe confinned that staff h8d offered their assistance to the group at a meeting yesterday. Mr. Marez suggested that Metro Ministries involve the community more in their next venture. Mr. Kelly lauded Metro Ministries' efforts to infonn the public about their Leopard Street project. Mr. Gabe Lozano Jr. spoke against the tennination of a number of city employees at the Oso and Gabe Lozano Golf Courses. The following individuals spoke in defense of the residents who opposed the Metro Ministries' McArdle Road facilly, saying that the Council seemed to be questioning their integrity and honesty: Roland Garza; Rita Martinez; an unidentified woman; and Maria Garza.. Mayor Garrett strongly refuted Mr. Garza's contention. In response to Ms. Martinez's comments, Mr. Garcia stated that the city was working on an ordinance designating the appropriate areas for shelters in the city. Mr. Brian Martinez asked why the Council thought every resident in the 78415 zip code was poor. Mr. Noyola explained that the 78415 area was federally designated as a low-income area based on demographics and crime statistics; the city did not make this designation. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the General Fund balance, noting that the CAFR and the second-quarter budget report seemed to provide different figures. He also expressed concerns about overtaxation. ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 25. Executive session under Texas Govemment Code Section 551.071 regarding In re: Tomas Duran, Debtor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Christi v. Entrust, Inc., Tomas Duran, and Duran Insurance Brokerage (formerly Cause No. 04- 3928-G, City of Corpus Christi v. Entrust, I"c. Et ai, in the 319th Judicial District Court of Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of Corpus Christi, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely and McGriff, Seibels, and Williams, Inc., in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session 26. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-05-280, Eric Gonzales vs. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session 27. Executive session under Texas Government Code Section 551.071 regarding permitting issues related to the MS4 Permit Renewal, with possible discussion and action related thereto in open session. 28. Executive session under Texas Government Code Section 551.087 for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting Aprif 11, 2006 - Page 19 The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 26. MOTION NO. 2006-111 Motion authorizing the City Manager to employ the law firms of Donnell, Abemethy & Kieschneck, and Hermansen, McKibben, Woosley & Villarreal, L.L.P., to provide legal representation in Cause No. C-DS-280, Eric Gonzales v. City of Corpus Christi et ai, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 27 MOTION NO. 2006-112 Motion authorizing the City Manager to execute an amendment to the legal services agreement with Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. to represent the City in the City's application for a TCEQ Texas Pollutant Discharge Elimination System storm water permit, which includes its subcontract with Alan Plummer and Associates, Inc., subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ************* Mayor Garrett recognized a citizen who requested a funding increase for the Museum of Asian Cultures. City Manager Noe offered to let the Council review the Museum's funding proposal for hotet tax funding when they submitted it in May. ************* Mayor Garrett referred to Item 24, a presentation item regarding the status of the Development Services processes and procedures. The presentation was comprised of four parts as follows: Part 1 - Parallel Performance Improvement efforts (Processing System Improvement Plan and Unified Development Code); Part 2 - Near-Term Processing Improvements; Part 3 - other On-Going Short-Term Regulatory Updates; and Part 4 - Factors for Successful Implementation. Assistant City Manager Margie Rose discussed the three phases of success in the development as follows: Phase 1 - improvement strategies and action plan (completed); Phase 2 .- system operational design (nearing completion); and Phase 3 - piloting and short-term implementation (starting soon). Mr. George Anmes with Horizon Centre, the city's consultant, discussed the near-term processing improvements. He discussed the creation of two staff design teams, the counter-based design team and the submittal-based design team. The counter-based design team designed processes and project management for simple project types. The submittal-based design team designed process and project management for complex project types that require multiple discipline reviews and public hearings (e.g. platting and infrastructure improvements). Mr. Arimes stated that the two design teams were expected to complete five "deliverables" in the next three months. The deliverables were expected to complete the Phase 2 design effort and move the project into the Phase 3 testing and implementation. He discussed the five Minutes - Regular Council Meeting April 11, 2006 - Page 20 deliverables as follows: 1 - system operational design; 2 - data assessment and conversion strategy; 3 - performance measurement program; 4 - regulatory framework assessment; and 5 - cost-of-service study and fee analysis. Mr. Arimes discussed the three initial implementation phases scheduled from April to June 2006 as follows: Phase #1 - consistent entry point and counter-based early assistance (early to mid-May 2006); Phase #2 - counter-based management project management (late May 2006); and Phase 3 - piloting program kick-off for submittal-based project management (early June 2006). Assistant City Manager Ron Massey provided an ongoing short-term regulatory update on utility master plans. Finally, Assistant City Manager Rose discussed the factors for successful implementation of the improvements. Mr. Scott asked the Development Services Advisory Group Chairman Lon Hipp to comment on the Development Services department's progress on implementing a one-stop shop. Mr. Hipp said that he understood that the one-stop shop would allow a developer to go to one place for all their permitting and platting needs. He said, however, that the plan had not developed exactly this way. He said the Development Services processes dealing with permitting and electricaVplumbing inspections had improved dramatically. In contrast, the platting process, which involved the Development Services and Engineering departments and operated under two different city managers, was not working well. He said this structure was not consistent with a one-shop stop. In his opinion, the platting process needed much more improvement. Otherwise, he said the plan seemed to be going in the right direction. He emphasized the need for a predictable and consistent process. Mr. Scott asked Mr. Arimes to respond to Mr. Hipp's comments. Mr. Arimes replied that the platting process was the most complex process in Development Services because many departments were involved in resolving issues. He said problems could occur when it isn't clear who was in charge of the team. He also stated that the work group in charge of platting relied heavily on data, historical files, master plans, and legislative documents, which are often out-of-date. Consequently, even if the Development Services Director was empowered over the services, the process still had to rely on the utility and engineering departments for information. He said the dependency on these departments for data would disappear once the Development Services department was able to automate data resources and update master plans. Thus, he said the focus was to implement the project managerlteam structure, define the process to make it more consistent, and update the plans and data Mr. Arimes stated that the initial goal of the one-stop shop was to have everyone necessary to the process housed in the Development Services building. However due to space and practical limitations, he said the plan was to restructure the Development Services department to train individuals on obtaining needed information without going to other departments. Mr. Scott stated that if the problem was that the master plans were out of date, then he asked staff to update them as soon as possible. City Manager Noe replied that the Water, Storm Water and Wastewater master plans were being updated and would probably be completed by the end of the year. Mr. Scott expressed concem that the master plans had not been updated sooner. He also said .the development community felt that the Development Services department needed more power to deal with platting issues because they felt the Engineering and Utilities departments were delaying the platting process. Mr. Arimes replied that within the next three months, a project manager and team would be assigned to complex projects, and the developer would deal with the project manager for problem resolution. If team members did not agree, it was the project Minutes - Regular Council Meeting April 11, 2006 - Page 21 manager's job to resolve issues. Mr. Scott asked questions about the updates to the Storm Water master plan, saying he would like to see it completed in a year. Mr. Chesney stated that based on the presentation, he did not see the Development Services department becoming a "one-stop shop". He said the process was not working because two crucial departments reported to two different assistant city managers. He felt the city was no closer to achieving a one-stop shop than when the process was initiated. He felt restructuring the Development Services department to incorporate Engineering Services would address the lack of coordination. He asked staff how the city could actually create a one-stop shop. Mr. Nee replied that to his knowledge, no city in the country had a one-stop shop that housed every entity involved in the development process. Mr. Chesney stated that the Council had been asking for a true one-stop shop for five years because that was what they wanted to see. Mr. Nee replied that most communities had created one place where developers could go to one person to resolve their issues. He said it didn't mean, however, that only one department would be involved in the process. In his opinion, the overlap between Engineering and Development Services and two assistant city managers were not the issues. He felt part of the solution was to have master plans that could be implemented by the Development Services center and to implement the current process. Mr. Chesney expressed concern that Mr. Noe was resisting the need to restructure the departments to truly create a one-stop shop as requested by Council. Mr. Noe replied that if he thought that restructuring the Development Service department would solve the problems, he would have done so. In his opinion, Mr. Chesney was oversimplifying the process. Mr. Chesney replied that if the Council redefined the meaning of a one-stop shop as he understood it, then he would drop the issue. but he felt this was not the case. Discussion ensued over how a one-stop shop concept was defined. Mayor Garrett stated that the development community wanted a timely, consistent process, as he understood it. Mr. Noyola stated that the development community was promised a one-stop shop, and if the project manager-team system could provide an efficient process in most cases, then he was willing to use It Mr. Garcia stated that he had submitted a memo to City Manager Noe regarding the development community's concerns about the Development Services process. In his opinion, he felt the development community needed to have a chain of command to contact regarding the status of a project. He was willing to see if the project manager/team approach would address the outstanding issues. He disagreed with other aspects of Mr. Arimes' presentation, however, and he said he would discuss them with him next week. He asked Mr. Arimes to read his memo, and see if he could address some of the concerns in his presentation. Mr. Arimes replied that he had read Mr. Garcia's memo, and he thought that all the issues raised in the memo would be addressed through the proposed process. * * * ~' * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe stated that the city's Annual Report was distributed in the newspaper recently. If the Council wanted extra copies, they could request them from the Public Information office. Mr. Noe reported that a public meeting would be held on Monday at Grant Middle School, 6:00 p.m., regarding TxDOT's proposed Hike and Bike Trail project along the Schanen Ditch. Mr. Nee stated that American Eagle had added extra flights to the city's airport, and the city Minutes - Regular Council Meeting April 11, 2006 - Page 22 was excited about it. Mr. Noe stated that the following items were scheduled for consideration at next Tuesday's Council meeting: COSG hearing process and revisions to the tax abatement guidelines and policies. Mayor Garrett called for Council concerns and reports. Mr. Marez asked Mr. Noe to increase police patrols on the 4200 block of McArdle because of recurrent noise problems at a local bar. He also said he would provide Mr. Noe with a constituent concern regarding a city staff member. Mr. Noyola asked if the CDSG hearing would be held at 5:00 p.m. or 6:00 p.m. Mr. Noe replied that the hearing was scheduled at 2:00 p.m. Mr. Noyola stated that he preferred that the hearing be held at 6:00 p.m. so that non-profit staff would not have to leave work. Mayor Garrett said he would discuss the matter with City Secretary Chapa. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:04 p.m. on April 11, 2006. .**.********* 2 a. AIRPORT BOARD - Three (3) vacancies with three-year terms to 4-04-09. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those mtereStS COMPOSITION: Ten (10) members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. MEMBERS *****Ed Hicks, Sr., Chair *****Mark Meyer, Vice Chair William D. Dodge, III Glenn Lyons Jesse Olivares Donald M. Feferman Frank "Rocco" Montesano *****Nelda Martinez J.C Ayala Sylvia Whitmore .J erry Kane TERM 04-04-06 04-04-06 04-04-08 04-04-08 04-04-07 04-04-07 04-04-08 04-04-06 04-04-07 04-04-08 Advisory, non-voting ORIGINAL APPTD. DATE 02-16-99 10-13-98 03-22-05 04-23-02 11-08-05 04-13-04 02-22-00 02-14-99 01-14-03 03-08-05 05-24-05 *****Has met the six-year limitatIOn allowed by ordinance and is ineligible for reappointment (The Airport Board is recommending the new appointments of Jerry Kane, Joseph Wise and Sam J. Susser. The Board is also requesting the appointment of Mr. Ed Hicks, Sr. as an advisory, non-voting me",ber. The usual policy has been to appoint advisory non-voting members to one-year terms.) INDIVIDUALS EXPRESSING INTEREST Self-employed. Received Master's III Automotive Engineering. Activities include: Mechanical/Plumbing Advisory Board, Leadership Corpus Christi, Corpus Christi Executive Association. (3-03-06) Mody Boatright President, Ear, Nose and Throat Associates. Received M.D. from the University of Alabama Medical School. Certified Commercial and Airline Transport Pilot, Single and Multiengine and Instructor Pilot. Activities include: Director American Bank, fonner member of C.c. Yacht Club, YMCA and former Chief of Staff of Driscoll Children's Hospital. (3-30-06) George H. Fisher Mary Jane Garza Received Ed.D. in Curriculum and Instruction and in Instruction Leadership. Activities include the Bishop's Guild and Leadership Corpus Christi. (3-28-06) Eduard0 Hmojosa Retired, State of Texas Administration. Received a Master's degree. Activities include: Planning Decision Making Member at Kostoryz Elementary School. Received the "Rancher of the Year" Award. (3-04-05) Mike T Johnson Administrator, Christus Spohn Hospital South. Vice- President, Christus Spohn Health System. M.P.A. in Public Administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility Administrator. Professional activities include: Diplomat, American College of Healthcare Executives - Regional Advisory Board and American College of Healthcare Administrators. (2-20-05) jerry Kane President/CEO, Sam Kane Beef Processors, Inc. Received B.A. from the University of Texas at Austin. Activities include: Texas Health and Human Services Council - Chair, Texas Water Foundation - Vice President, University of Texas Chancellor's Advisory Committee, United Jewish Appeal National Cabinet, Leadership Corpus Christi, Regional Water Task Force - Co-chair, and former Airport Board Chair. (4-04-06) Kevin KIeschnIck Bankmg Officer, 1st Community Bank. Attended Del Mar College, Texas A & M University - Kingsville and Texas A & M University - Corpus Christi. Activities include: Padre Island Business Association, Padre Island Rotary Club, Associated Builders and Contractors, National Weather Service: Unofficial Storm Spotter. (4-05-06) Diane LaRue Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IW A Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (2-25-05) Mike Morgan President/CEO, National InterPrint Corporation. Activities include: Associated Builders and Contractors, Bayfest and Corpus Christi Country Club Membership Committee. (4- 04-06) Robert c. Pate Self, Attorney. Received B.A. from University of Texas at Austin, M.A. from the University of Texas Graduate School of Business and J.D. from SMU School of Law. Activities include: Chairman, HALO Flight Inc., former Judicial District Court Judge, active pilot and certified instructor. (4- 10-06) .I ames D Robbms Retired Civil Service and U.S. Army, Army Pilot and Air Traffic Controller. Received A.S. at North Lake College. Attended Southwestern Baptist Theological Seminary and Howard Payne University for Ministry. Member of the Vietnam Helicopter Pilots Association, Association of U.S. Army and Amry Aviation Association of America. (2-24-05) ('urtis A Rock Business Development Manager, Rock Engineering and Testing Laboratory, Inc. Received B.A. in Management Information Systems Activities include: Associated Builders and Contractors, Leadership Corpus Christi, World Affairs Council of South Texas, Chamber of Commerce and Hispa111c Chamber of Commerce. (4-04-06) "l am J." u c.;ser Chaimlan of Board uf Directors, SSP. Received B.S. in Finance from the Umversity of Texas at Austin. Activities include Corpus Christi Economic Development Commission. Alberto-C'ulver Company ~ Chairman of Audit Committee, C.C Bank and Trust, The Laredo National Band and (iarden Ridge Pottery board. (4-12-06) ioseph lhurchtll WI...e Semor Resident Director, Merrill Lynch. Graduate of Del Mar College, and receIved B.S. in Computer Software from the University of Houston. Activities include: President of Del Mar College Foundation Board, past President and current board member of Metro Ministries, Special Olympics volunteer and future board member and serves as an Elder at church. (10-14-05) b BOARD OF ADJUSTMENT ~ Seven (7) vacancies with two-year terms to 4-04-06, two of which represent the category 0 f Alternate. DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the loning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in :lllnecessary hardshlP, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal IS sent to the applicant and owners within 200 feet 10 days before the hearing dale. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include 'wo (2) alternates; be residents of the City Only five (5) members may vote, and four (4) must concur to 'Srant an appeal MEMBERS *C;ene Clancy *Tavlor Mauck * Wi lliam Tinnev * Davld Loeb *Charles Schibi *Dan Winship (Alternate) *Ben Molina (Alternate) * All members are seeking reappointment TERM 4-04-06 4-04-06 4-04-06 4-04-06 4-04-06 4-04-06 4-04-06 ORIGINAL APPTD. DATE 3-13-01 4-13-04 4-13-04 4-13-04 3-13-01 8-23-05 11-08-05 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Gene Clancy Taylor Mauck William Tmney David Loeb Charles Sc hibi Dan Winship (Alternate) Ben Molina (Alternate) NO. OF MTGS. THIS TERM 8 8 8 8 8 8 4 NO. PRESENT 7 (1 exc.) 8 8 7 (1 exc.) 7 (l exc.) 7 4 % OF ATTENDANCE LAST TERM YEAR 88% 100% 100% 88% 88% 88% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Herbert A Garcia Owner, Dauntless Communications. Received B.A. in Business Management. Activities include: Former member of Ethics Commission, U.S. Coast Guard Auxiliary, Civic Air Patrol and LULAC. (10-03-05) Sergio Ornelas President, Ornelas Contruction Group, Inc. Served in the United States Marine Corp. Activities include: former member of the Hispanic Contractors, former Vice President of HCA de Tejas and current member of the Associated Builders and Contractors. (4-04-06) " COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION - Seven (7) vacancies with hvo- year terms to 4-01-06 DUTIES: fo promote the public mterest in the City of Corpus Christi by cooperating with health care facilities within the City which may wish to take advantage of legislation in financing their facilities. COMPOSITION: Board of Directors Nine (9) members for 2-year terms; seven (7) to be appointed by the City Council, to be the City Manager of the City, and 1 to be the Assistant City Manager of Development Services of the City. Officers to be elected by the Board. '\-tEMBERS TERMS ORIGINAL APPTD. DATES *Iack Solka, Chairman * En ka Escobedo Henson *Iudy Telge *Dr Richard Da\ls * '\nnie J. Castro **Lawrence Wilk *Dan Winship Creorge Noe, City Manager Margie Rose, Asst. City Mgr., Development Service 4-01-06 4-01-06 4-01-06 4-01-06 4-01-06 4-01-06 4-01-06 10-16-84 5-11-99 7-03-90 6-08-99 7 -03-90 4-14-98 4-07 -92 * Seeking reappolntnlent **Not seeking reappomtment OTHER INDIVIDUALS EXPRESSING INTEREST I ames Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College and expected to graduate from Park University. Activities include: Leadership Corpus Christi, Class 34, Chairman of project "I Love My Corpus Christi" campaign and multiple committees at c.c. Medical Center. (4-13-06) Curtis A. Rock Business Development Manager, Rock Engineering and Testing Laboratory, Inc. Received B.A. in Management Information Systems. Activities include: Associated Builders and Contractors, Leadership Corpus Christi, W orId Affairs Council of South Texas, Chamber of Commerce and Hispanic Chamber of Commerce. (4-04-06) Jason Dean Sewell Registered Nurse, Corpus Christi Medical Center. Graduate of Del Mar College with an A.A. in Nursing. Certified in Advanced Cardiac Life Support and Oncology Nursing Society. Interested in being active in the community is a position of his expertise. (4-10-06) d PARK AND RECREATION ADVISORY COMMITTEE - One (1) vacancy with term to 8-23-06. (Since term expires on 8-23-06, it is recommended that the new appointment be reappointed to a two- year term to 8-23-08.) DUTIES: To provide advIce on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed The Board eleC1S its Chairman MEMBERS TERM ORIGINAL APPTD. DATE Sandra Billish, ('halrperson ***Rorne GregorIo. Vi,:e-Chairperson Russell Stowers !eresa Carrillo Domnda Gar/a \1ari Whitworth .I amie Pyle Hunter Y oun~ ( .ar! Suding Buddy Sparks Gregory T. Pcrkes 8-23-06 8-23-06 8-23-06 8-23-07 8-23-06 8-23-07 8-23-07 8-23-07 8-23-07 8-23-06 8-23-07 9-14-99 8-22-00 2-14-06 8-23-05 8-20-02 1-18-05 1-18-05 5-18-04 8-17-04 5-10-05 4-22-03 ***Resigned (The Park and Recreation Advisory Committee is recommending the new appointment of Garrett Dorsey, Ill.) INDIVIDUALS EXPRESSING INTEREST Garrett Dorsey, 111 Purchasing Manager, Hogan Homes Inc. Attended Stephen F. Austin College. Current President of the Padre Island Little League. (7-19-05) Jamie Dutf Governmental Intern, CorpusBeat Magazine. Received B.A. in English from Texas A & M and working towards M.A. and Post Certification in Accounting. Activities include: Corpus Christi FOCUS and member of Church of the Good Shepherd Bell Choir. (1-06-06) Michael A GarCIa General Manager, Pete's Chicken-N-More. Received B.S. in Electrical Engineering. Activities include: National Restaurant Association and Texas Restaurant Association. (7- 10-05) Rene R Gutierrez Juvenile Probation Officer, Nueces County Juvenile Probation Department. Received AA, B.S. in Criminal Justice and M.A. in Public Administration Management. Activities include: Leadership Corpus Christi XXXIII, MentoL and Youth Continuation Care Coalition. (4-15-05) Judy E. McNamera Administrator, Caring Senior Service. Received B.S. from Texas A & M University - Kingsville. Activities include: member of the STSWS and TRACM. (4-08-05) w. Chuck Rushing Branch Manager, Fugro Consultants LP. Received B.A and !vI.A. in Civil Engineering. Activities include: Consulting Engineer Council, American Institute of Architects and avid cyclist, sailor, runner and fisherman. (7-29-05) c SISTER CITY COMMITTEE - Two (2) vacancies with terms to 9-01-07. DUTIES: To study ways and means of Improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies. hoards and ofticials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consIst of a Steenng Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community The memhers shali be appointed by the City Council and shall serve three-year terms or until theIr successors are appointed and qualified The Steering Committee shall be responsible for the nverall .ldministratlOn and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorw:d by Resolution of the City Council. Members of each such subcommittee shall be appc,mtcd by the Steering Committee plus members from the community at large as deemed m:cessary andsufticient hv the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steenng Comnnttee, for primary study, liaison and recommendations for each ,Ister cn'. rhe offin's \f t 'Ie committee shall consist of a (Jeneral Chairman, V -Chairman for each of the ')Ister ( it\ subcommittees establisi1ed II" accordance with Sec. > 152. The Chairman and each vice- chairman_shalIbe elc;cJl..:Lli>v malontL\S)lcof the slsterc:l1LcommIltee annually. If the General Chairman s absel1l, J VIce-chairman shall ))'.: eie\:ted from the committee to serve as General Chairman during hls/her absence MEMBERS John Rocha. Chal r)r Ridge Hammons Randy Farrar ***Kenneth Graves Ping-lung Tintera Jodie Aile) Rose Gunj] Ellen Murry Cecilia Hanna Heather Stanton Mordzsohn Adnan Desmond Dansby Westi Horn Ann Jaime Joseph Alley Dr Peter Kuntu-Mensah ***Vlcki Garza Soma Quadros Heil .J udy Benkendorfer Flicka Rahn Flizabeth R. IgleSiaS Sharon L. Phllhp~ TERM 9-06 9-06 9-07 9-07 9-08 9-07 9-08 9-08 9-08 9-07 9-07 9-07 9-08 9-07 9-07 9-07 9-08 9-06 9-06 9-06 9-06 ORIGINAL APPTD. DATE 9-23-03 2-15-05 6-11-02 11-08-05 11-08-05 5-10-05 11-08-05 4-16-02 5-10-05 9-14-04 11-08-05 6-15-04 6-13 -00 9-14-04 11-08-05 9-14-04 9-14-04 10-10-00 6-15-04 4-22-03 9-09-02 ***Resigned (The Sister City Committee is recommending the new appointments of Patricia Garcia and Gilberto G. Porter.) INDIVIDUALS EXPRESSING INTEREST Kenneth Faseler Substitute Teacher and Adjunct Instructor, Corpus Christi Independent School District/Del Mar College. Instructor of Portuguese and Brazilian Culture and local musician. (8- 13-04) \]mira Flores Radiology Technologist, Christus Spohn Health Systems. Graduate of Spohn Hospital School of Radiologic Technology. Activities include: Coastal Bend Society of Radiologic Technologists, So. Texas Institute of the Arts, and the Hispanic Women's Network. Received the Las Estrellas Award. (1-10-06) Patricia Gdrcia Community Development Coordinator, Corpus Christi Independent School District. Received B.A. from Texas State Umversity and M.S. from Texas A & M University - Corpus Christi. Activities include: Texas Association of Partners in Education, Texas Schools Public Relations Association, Flint Hills Resources Community Action CounciL Leadership Corpus Christi, Youth Opportunities United and Downtown Rotary Club. (4-04-06) \fary Jane Garza Received Ed.D. in Curriculum and Instruction and in Instruction Leadership. Activities include the Bishop's Guild and Leadership Corpus Christi. (3-28-06) Rosa G Gonzales Retired. Activities mclude: Nueces County Historical Commission, Nueces County Historical Society, Old Bayvlew Cemetery. Received the TRAPs and from Park and Recreation Department. (2-24-06) Dora L Hidalgo Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health Information Management Association and President of the South Texas Amigos de MeXICO. Received the Hispanic Women's Network Las Estrellas Award. (9-28-04) Coeta Montgomery Director, University of Incarnate Word. Received B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Chamber of Commerce, Rotary Club, and the c.c. Human Resource Management Association. (2-23-05) lohn J, Nelson, Jr Teacher of World Geography/GIS, Corpus Christi Independent School District. Received B.A. in History - Political Science and Education certification. Currently pursuing M.S. in Educational Technology/ASS-GIS. Activities include: Bay Jammin Concert and Cinema and the Special Olympics. Received the Bulldog & Arrowhead Award and nominated for the Jefferson Award. (1-11-05) lruillemlo Perel Retired School Assistant Principal, Corpus Christi Independent School District. Received B.S. in English History and M.S. in Mid-Management Administration. Activities Include: U lLAC, GI Forum, Retired Teachers, Leadership Corpus Christi Alumni and disabled veteran. (7-12-05) Gilberte ( Portel Certified Spanish Teacher, Corpus Christi Independent School District. Received B.A. in Spanish Language. Fluent in hoth Spanish and Russian and has special interest in Monterrey Sister City. (4-11-06) Drew Matlock Reining Self-employed, Mediator. Received B.A. from University of Texas at Austin and J.D. from University of Texas Law School. Activities include: Mediator Association of South Texas. State Bar of Texas, Texas Association on Mediators, and Namaste FoundatIOn. Sharlene Sexton Director of Human Resources, Corpus Christi Regional Transportation Authority. Received B.S. in Business and M.A. In Human Resource Development and Business Management. Activities include: Society of Human Resource, c.c. Human Resource Management Association, and Leadership Corpus Christi. (12-06-05) Sukhbir Sltlgh Math Teacher, Corpus Christi Independent School District. Received Bachelor's degrees in both Commerce and Education. Active member of the Coastal Bend Indian Association and would like to see the establishment of a Sister City in India. (4-11-06) Van P. \illa Office Manager/Licensed Agent, Meadow Insurance Agency Inc. Received B.A. in French Literature from Catholic University of America in Washington, D.C. Has helped throughout the years in local Arts organizations including the Arts and Cultural Commission. (4-05-06) 3 COUNCIL MEMORANDUM (A) Ordinance appropnating $200,000 from the Vehicle Capital Reserve in Fund 5110 Maintenance Services, transferring $47,344.88 from Wastewater Operations Fund 4200 to and appropriating in Fund 5110 Maintenance Services for purchase of a vactor truck; amending the FY 05-06 Operating Budget adopted by Ordinance 026385 by increasing appropriations by $247)44.88; and declaring an emergency. (B) Motion approving the purchase of one (I) vactor truck from Masters International, Arlington, Texas based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of $247,344.88. The equipment will be used by the Wastewater Department. This unit is a replacement. Funding is available from the FY2005-2006 capital outlay budget in the Maintenance Services Fund and Wastewater operations budget. ****************************************************************************** Purpo se The vactor truck will be used by the Wastewater Department to clean and maintain its 1250 miles of sewer collection main lines, 6" and larger m diameter. The vactor truck will be delivered to the City in the summer of 2006. Local manufacturers' dealers will provide warranty support service. Basis of Award: This truck will be purchased through the cooperative purchasing agreement with the TLGPC. TLGPC is administered by the Texas Association of School Boards (T ASB) and co-sponsored by the Texas MuniCIpal League (TML) and the Texas Association of Counties (TAC) TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. Funding OrganizatIon Name Maintenance Services 550020-51 ] 0-40120 Capital Outlay Item #1 04A Amount $247,344.88 ~ ~ Michael Barrera, f Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA TLGPC CONTRACT # Nos.: 208-05,208-04 ITEM DESCRI PTION BID TABULATION BI-0116-06 VACTOR TRUCK QTY MASTERS INTERNATIONAL ARLINGTON, TEXAS EXTENDED PRICE 1. $247,344.88 2007 INTERNATIONAL 7400 CAB AND CHASSIS WITH VACTOR COMBINATION SEWER CLEANER 2112-PD UNIT ORDINANCE APPROPRIA TING $200,000 FROM THE VEHICLE CAPITAL RESERVE IN FUND 5110 MAINTENANCE SERVICES, TRANSFERRING $47,344.88 FROM WASTEWATER OPERATIONS FUND 4200 TO AND APPROPRIATING IN FUND 5110 MAINTENANCE SERVICES FOR PURCHASE OF A V ACTOR TRUCK; AMENDING THE FY 05-06 OPERATING BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING APPROPRIATIONS BY $247,344.88; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $200,000 from the Vehicle Capital Reserve is appropriated in Fund 5110 Maintenance Services for purchase of a vactor truck. SECTION 2. That $47,344.88 IS transferred from Wastewater Operations Fund 4200 to and appropriated in Fund 5110 Maintenance Services for purchase of a vactor truck. SECTION 3. That FY 05-06 Operating Budget adopted by Ordinance 026385 is amended by increasing appropriations by $247,344.88 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 J 2006. -ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Legal form approved ~~l?_, 2006 By: .:J.~. ~~ Lisa Aguilar l) Assistant City Attorney for City Attorney Corpus Christi Texas ____ __ Day of ___ ,2006 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E Marez Jesse Noyola Mark Scott 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 18, 2006 AGENDA ITEM: Motion approving recommendation of Arts and Cultural Commission for award of a total of $ 90,369.00 in subgrant contracts to thirteen arts and cultural organizations, with funding of $61,561.00 from the Hotel Occupancy Tax Fund and $28,808.00 from the General Fund. Funding is authorized in the FY 2005-2006 budget. ISSUE: Funds are annually allocated for Arts and Cultural subgrant awards. The Arts and Cultural Commission makes recommendations for allocation of those funds and refers their recommendation to City Council. The Arts Grant guidelines require City Council approval of all subgrant awards REQUIRED COUNCIL ACTION: Allocation of the Arts Projects fund and the award of the art subgrant allocations to the arts organization must be approved by the City Council. PREVIOUS COUNCIL ACTION: This is an annual request. $128,500 from the Hotel Occupancy Tax fund and the General fund was authorized in the FY 2005-2006 budget for arts activities and projects. Board/Commission Action: The Arts and Cultural Commission approved their final recommendation at their April 13, 2006, meeting. FUNDING: The total recommended allocation of $90,369.00 is to be funded from the FY 2005-2006 budget authorization for arts in the Hotel Occupancy Tax Fund (1030-13815- 530000-000000) and the General fund (1020-13825-530000-000000). CONCLUSION AND RECOMMENDATION: It is recommended that the City Council adopt the motion approving the recommendation of Arts and Cultural Commission for award of a total of $ 90,369,00 in subgrant contracts to thirteen arts and cultural organizations, with funding of $61,561 00 from the Hotel Occupancy Tax Fund and $28,808.00 from the General Fund Funding is authorized in the FY 2005-2006 budget. Ik, Director d Recreation Department Attachments: Background Information Subgrant Spreadsheet BACKGROUND INFORMATION Annually, the City Council includes funding in the operating budget for support to various non-profit arts programs in the City The Arts and Cultural Commission (formerly the Municipal Arts Commission) solicits requests from local organizations and then makes a recommendation of funding to the City Council. The recommendation for FY 05-06 is based on a two part evaluation of grant applications by the Arts and Cultural Commission members as a whole and the Cultural Enrichment Committee, a committee ofthe Arts and Cultural Commission. The recommendations are based on artistic merit, community needs, impact on tourism, the applying organization's ability to match the grant (50% of the total project award), and how well the artistic production will be marketed. A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986, modeled after the Texas Commission on the Arts Peer Panel Review and has been updated regularly ever since. The process uses a worksheet rating system that addresses specific questions on the quality of each grant request. The Cultural Enrichment Committee has, over the years, continued to improve the funding application packet. The final recommendation is adjusted mathematically to the amount of funds available. Applicants have the option of applying for up to two grants, for a grant total per organization of $10,000. This year, 22 project grant requests totaling $129,295.00 were received. The Arts and Cultural Commission is recommending that the 22 project grants requests from thirteen arts and cultural organizations be funded. The Arts Subgrant Guidelines define a process that provides an organization with two opportunities to appeal their recommended level of funding-first with the Arts and Cultural Commission and then with the City Council. This year there were no appeals. No organizations were denied funding through the Hotel Occupancy Fund guidelines for the fiscal year. The total allocation recommended by the Arts and Cultural Commission to the arts organizations is $90,369.00 for art subgrants. "0 C ::s LL )( CG I- .... o :I: T""" <0 1.0 T""" <0 ~ "0 C -.:t 0 1.0 1.0 0 <D (() ex> (\j ::s (() <D <D <D (\j (() (() (\j ..- LL 0 (() T""" T""" Q) (() 0 Q) I'- e '<t .- (\j N '<t '<t <D ..- . 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CD .- al <( <( .... .!! .!! :5 t/) t/) (j (j (j (j 2 ~ 2 en en 8 0 CD tU U 0 I-- I-- 0 ai a; a:s 0 0 "'0 "'0 ~ I~ ~ )( x <( <( al II) 0 0 0 () () 0 () () 0 W W Cf) W I-- I-- I I I rh I I I I I I I I I I I I I I I I I 0 T""" (\j -.:t 1.0 <D I'- IX) I~ 0 ...... (\j ..- N (") -.:t 1.0 <D I'- (() (J) ...... ..- ..- ..- ...... ..- ...... ...... ...... N (\j (\j I-U) 20 c(a::: a:::e( C)~ ale( ::::> en I- U W ..., o a::: Q. 1ft ! 1 IIJ Q. ::s e C) 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/18/06 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $473,424 to the Automobile Theft Prevention Authority (A TPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 6 with a City cash match of $234,619, $12,488 ,n-kind services, ;or a total project cost of $720,531 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE. The A TPA is soliciting applications for continuation grants for projects under the A TPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for five years FUNDING: Year 6 of the grant requires at least a 20% match by the City that may be cash, in- kind, or program income. ATPA considers the three General Fund officers working in the Auto Theft Unit to be a cash match and operating expenses to be in-kind. ~. .- ------ -- _ .--.---.-----.---.--.- In-I<.i!ld Contribution---= ~_rT"1?fhiQ~,.supplies, and office space Ca~t1..Con!ributi2r:!- three Gene@!.Fund Auto Theft officers salaries/frinae benefits $ 12,488 $234,619 CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application" Jd.~ K.A.Bung Acting Chief of Police Attachments: BACKGROUND INFORMATION The City of Corpus Chnsti is applYing for Year 6 funding from the Texas Automobile Theft Prevention Authority (A TPA) to continue the motor vehicle theft unit in the Police Department. The A TPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle In Texas charged to insurance companies who provide vehicle insurance coverage in Texas The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 40% from 1,515 to 906 The grant provides $473,424 for one Lieutenant to supervise the Unit, two sworn CCPD officers, one civilian Crime Analyst, one civilian Management Assistant, and one Staff Assistant to assist with data entry of auto theft crime Information. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. Cash and in-kind contributions in the amount of $247,107 include office supplies, copy machine, and salaries/fringe benefits for three General Fund sworn officers assigned to work with the Task Force. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $473,424 TO THE AUTOMOBILE THEFT PREVENTION AUTHORITY TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 6 FUNDING WITH A CITY CASH MATCH OF $234,619 AND $12,488 IN-KIND SERVICES, FOR A TOTAL PROJECT COST OF $720,531 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. 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 submit a grant application in the amount of $473.424 to the Automobile Theft Prevention Authority to continue the motor vehicle theft enforcement grant within the Police Department for Year 6 funding with a City cash match of $234,619 and $12,488 in-kind services, for a total project cost of $720,531 and is authorized to apply for, accept, reject, alter or terminate the grant SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: ~d I") ,2006. By: Joseph rney Assistant City Attorn y For City Attorney Reao-grant-AutoTheft 2 Corpus Christi, Texas of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott Reeo-grant-AutoTheft 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/18/06 AGENDA ITEM A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $30,000 from the Texas Department of Transportation for the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $30,000 from the Texas Department of Transportation for funding of the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No 1061 Federal/State Grants Fund; and declaring an emergency. ISSUE. Because the state of Texas leads the nation In traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to Increase seat belt use BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (ClOT) where the Police Department will conduct a two- week occupant protection enforcement effort during the Memorial Day holiday, May 22 - June 4. This project will Increase safety belt rates through enhanced enforcement and public information and education efforts Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1,700 safety belt citations and 150 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers The State average is 88 percent with the City of Corpus Christi also at 88 percent REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of four previous ClOT grants during FY 2002,2003, 2004, and 2005 FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salary/retirement and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds ~ K. A. Bung Acting Chief of Police Attach ments: TXDOT Contract t8J Federal Pass Through (irant Funds eFD A. #20.600 o State Grant Funds For TxDOT 11se Only-- Misc. Contract Number: 586XXF6133 Charge Number 060504A1AJ Project Year: FY 06 PIN (14 characters only) TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE Sl ATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, heremafter called the Department, and City of Corpus Christi, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement. the Subgrantee is designated as a(n): o State Agency D Non-Profit Organization C8J Unit of Local Government D Educational Institution o Other (describe). AUTHORITY: Texas TransportatIOn Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the followmg Flscal Year(s) 2006. Project Title: STEP - CLOT Brief Project Description: To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during: the Memorial Day Holiday period.~____ ... Grant Period: The Grant becomes effective on May 1, 2006, or on the date of final signature of both parties. whichever is later. and ends on J~D.f 30, 2006 unless terminated or otheIWise modified. Maximum Amount Eligible for Reimbursement: $30,000. The following attachments are incorporated as indicated as a part of the Grant Agreement: . Attachment A, ~lailing Addresses . Attachment 13, General Terms and Conditions (TxDOT Form 1854) . Attachment ( , Project DescriptIOn (TxDOT Form 2076) . Attachment D, Action Plan (TxDOT Form 1852) . Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) [gJ Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page! of :: TxDOT Form 2075-CIOT (rev. 3/15/2006) Projelt I It Ie S 1 EP .'lC r TEXAS TRAFFl( SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subl"Tfantee hereby represents and warrants that shelhe is an officer of the organIzatIon for which shelhe has executed this agreement and that shelhe has full and complete authority to enter iDto this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the (iran t Agreement, she/he will sign and submit to the Department a letter designating signatwt? authority by posItion title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other bTfant-related documents will mclude, but not be limited to, the followmg performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence THE S1 rBGRANTEE THE STATE OF TEXAS City of ~orpus Chnstl [Legal Name of Agencyl Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission. By _ ______ [Authorized Signature I Geor~e K. Noe [Name] City Manager _ [Title] By ____ District Engineer Texas Department of Transportation (For local project grants under $100,000 or for grants of $100,000 or more that are recommended for approval.) Date Under authonty of Ordmance or ResolutIOn Number (for local governments) Date: By____ Director, Traffic Operations Division Texas Department of Transportation (Not reqUired for local project grants under $100,000 ) Date: Page] of] TxDOT Form 20 75-CIOT (rev. 3/15/2006) ORDINANCE APPROPRIATING $30,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF THE CLICK IT OR TICKET (ClOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POliCE DEPARTMENT IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (ClOT) Selective Traffic Enforcement Project (STEP) within the Police Department. SECTION 2. That upon written request of the Mayor or five Council Members, the City COlJ'lCil (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 18th of April, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form .J\r'..1 I) ,2006 g!M (h ./ Joseph HarneV' ~ Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, lIwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully I Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/18/06 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems Inc. in the amount of $136,500 21 for hardware and software support services on the Emergency 911 System The term of the contract is three years. ISSUE: The agreement is necessary to provide 24-hour service for the emergency 911 telephone system components BACKGROUND: With the settlement of the court action in November 2002, the City became a home rule City in regards to the operation of the emergency 911 system. A previous agreement with Positron had been made with the City of Corpus Christi. The agreement is for three years from September 1,2005 through August 31,2008. It provides systems equipment maintenance on both hardware and software of the emergency 9-1-1 telephone system components. The schedule of payments is as follows Year 2 Dates 9/1/2005 - 8/31/2006 9/1/2006 - 8/31/2007 9/1/2007 - 8/31/2008 Total Yearly fee $ 43,727.64 $ 45,476.75 $ 47,295.82 $ 136,500.21 "~ '. REQUIRED COUNCIL ACTION: Approval of the contract PREVIOUS COUNCIL ACTION: Approval of the previous contract covering 9/1/02 - 8/30/05. FUNDING: Funds are available in the FY 0506 Police General Fund and have been requested in the FY 0607 Police General Fund. 8 CITY COUNCIL AGENDA MEMORANDUM Date: 04/18/06 AGENDA ITEM: Motion authorizing the City Manager or his designee to amend the scope of work and move the location of the FY2005 CDBG T.C. Ayers Recreation Center Improvements project from 1722 Winnebago to the former Solomon Coles Special Emphasis Elementary gym location at 924 Winnebago. ISSUE: Proposed changes In the onglnal scope of work need City Council approval. PREVIOUS COUNCIL ACTION: On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,882,133 for the COBG Program, $800,000 of program income from housing loans, $24,245 of demolition lien program income, $708,081 of reprogrammed funds, and $150,150 for the ESG Program and $1,772,241 for HOME Investment Partnerships (HOME) Program $51,243 of the American Dream Downpayment Initiative, $300,000 of program income and $301,225 of reprogrammed funds totaling $7,989,318 (026237). Included in this action was City Council approval of the T C. Ayers Recreation Center Improvements prolect REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend the scope of work and move the location of the FY2005 CDBG T.C. Ayers Recreation Center Improvements project from 1722 Winnebago to the former Solomon Coles Special EmphasIs Elementary gym location at 924 Winnebago FUNDING: FY2005 COBG funds RECOMMENDATION: That the City Manager or his designee be authorized to amend the scope of work and move the location of the FY2005 COBG T.C. Ayers Recreation Center Improvements project from 1722 Winnebago to the former Solomon Coles Special EmphasIs Elementary gym location at 924 Wln~ ~ ~ ~...J onat an agner CD Administrator BACKGROUND INFORMATION The Parks and Recreation Department has worked out an agreement for the use of Solomon Coles Gym with CCISD. The recreational programs from T.C. Ayers Recreation Center will be moved tc the Solomon Coles Gymnasium. With the gym being only a few blocks from T C Ayers. the Parks and Recreation Department will be providing programs to the same children The Solomon Coles Gym will give more indoor gym space as well as classroom space to conduct the programs. The Parks and Recreation Department will be able to offer a much more variety of programs utilizing the classrooms as well as the gym area. ThiS would allow Parks and Recreation Department to use the funds to improve the gym area, classrooms, office area and restrooms facilities. 9 AGENDA MEMORANDUM City Council Action Date: April 18, 2006 SUBJECT: Casa Blanca Estates Subdivision Drainage Improvements (Project No. 2261) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Grace Paving and Construction of Corpus Christi, Texas, in the amount of $74,615.47 for the Casa Blanca Estates Subdivision Drainage Improvements. !JSUE: The project addresses drainage-related problems within the subdivision. Existing culverts under the driveways have either been sized incorrectly or have not been installed at proper grade, which inhibits the storm water flows. The proposed improvements include replacement of culverts, re-grading the roadside ditches and installing an underground storm drain to alleviate the drainage problem in the subdivision. The project has bid and Council approval is needed to award the construction contract. FUttDING: Funds for this project are available from the FY 2004-2005 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. r 4!\7f 0y ~,4:e ~/Ik/ #'.?/~~ pt.g~1 R. Escobar, P.E. Director of Engineering Services ~ional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:\HOME\Rachelle\GEN\Drainage\2261\Agen~a Memo doc AGENDA BACKGROUND INFORMATION SUtJECT: Casa Blanca Estates Subdivision Drainage Improvements (Project No. 2261) PROJECT BACKGROUND: The project addresses drainage-related problems within the subdivision. Existing culverts under the driveways have either been sized incorrectly or have not been installed at proper grade, which inhibits the storm water flows. The proposed improvements include replacement of culverts, re-grading the roadside ditches and installing an underground storm drain to alleviate the drainage problem in the subdivision. PROJECT DESCRIPTION: The drainage improvements will include the following elements: installation of a total of approximately 750 linear feet of storm water culverts consisting of 12", 15" and 18" reinforced concrete pipe (RCP) and storm water inlets, along with the associated pavement/driveway repairs required for the successful implementation of this project. The project will also include the required Storm Water Pollution Prevention Plan and Existing Utility Adjustment Plan. lID INFORMATION: The City received proposals from six bidders on March 29,2006 (see Exhibit liB" Bid Tabulation). The bids ranged as follows: Engineer's Estimated Cost $96,879.00 Low Bidder $74,615.47 High Bidder $126,873.57 The consultant (Mavenck Engineering Inc.) and City staff recommend that the construction contract be awarded in the amount of $74,615.47 to Grace Paving & Construction of Corpus Christi, Texas for the total base bid for the Casa Blanca Estates Subdivision Drainage Improvements. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days with completion anticipated in June 2006. flUOR COUNCIL ACTION: 1. March 29, 2005 - Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PRIOR ADMINISTRATIVE ACTION: 1. February 6. 2006 - Administrative approval of a small agreement for architect/engineer consultant services with Maverick Engineering Inc. in the amount of $24,230 for the Casa Blanca Estates Subdivision Drainage Improvements Project. 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Q. a.. i I r ~ ., ~ e c: g~ ! .. 1il l!: c: 1i c a:: ~ ! 0 a.. 0 : <.) j "0 <.) 6 a: u U i J1 a; 0 c: i 8 a: E ]j ! c g 0 !l c( ~ ~ i "iii ~ "" ~ III III "" e ::l ., c: c: ~ III i ~ ~ u a: ~ j :3 "S( w I ~ .S( w ~ 011 8 a.. a.. w '" en ., j 1 i i U III ~ () <.) <.) ~ ~ ~ ! I ~ E a:: a: a: . . ~ Q) ~ lO co :l ~ a: a:: f/} f/} ~ en :IE ~ ~ :1 . lO ~ ... ~ ~ 0 N (0) W <( <( <( ~ ~ :( :( !:: EXHIBIT "B" Page 1 of 1 \:..8 ~ ~ .. 00 ~:t c:... .!.:-: '"lI! uo ~u .. u. Zo Oz EiQ -'z ~ii: 00 UlI! u.in oa: w w ~ ~ ~(5 z w .. Q) u z: .. VI 01 c: "t: Q) .. c: "6> c w '0 .. B u ! C W 0.: .. '" ... o <.> . W ci .. ... g'g c( .. >= 0) CD N 51 ~ ~ '" j ~ ii ~ ~ 0 CASA BLANCA ESTATES SUBDIVISION DRAINAGE IMPROVEMENTS (PROJECT NO. 2261) PRELIMINARY PROJECT BUDGET April 18, 2006 FUNDS AVAILABLE: lStonn Water CIP Fund ESTIMATED BUDGET 1$ 116,191.471 FUtC>S REQUIRED: Construction Cost (GraGe Paving and Construction) $ 74,615.47 Construction ContinQencies 7,462.00 NE Consultant (Maverick EngineerinQ Inc.) 24,230.00 Construction Inspection 2,985.00 EngineerinQ Reimbursements 3,287.00 Administrative Reimbursements 2,612.00 Incidental Expenses (Printing, Advertising, etc.) 1,000.00 .. T otat . . . . . .. ... .................. .... .......................................................................... $ 116,191.47 EXHIBIT "C" Page 1 of 1 File \MprOj8C[ \councll6xhiblts \exh..:261.awg PROJECT SITE "',. I W", .j(~l~ ,,,} ~) '- "-, i " ~""~ / ." .I I .I ~.I '" "- ....., '- CITY PROJECT No. 2261 PROJECT LOCA TION LOCA TION MAP NOT TO SCALE '-. ~ N ~ N EXHIBIT "D" -....... "- / / { VICINITY MAP NOT TO SCALE CASA BLANCA ESTA rES SUBDIVISION DRAINAGE IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DfPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04-06-2006 ~ -- - - - - ~ 10 AGENDA MEMORANDUM DATE:ApnI18,2006 SUBJECT: CINCO DE MAYO CELEBRATION AGENDA ITEM: Motion approving the application from Clear Channel Radio, to temporarily close the following street section for the Cinco De Mayo Celebration. 1. The northernmost end of Shoreline Boulevard, directly east of the Convention Center, beginning 20 feet north of the intersection of Resaca Street and Shoreline Boulevard northward, beginning at 1 0:00p.m., Thursday, May 4, 2006 until 10:00a.m., Monday, May 9,2006. ISSUE: Clear Channel Radio will require the temporary closure of sections of Shoreline Boulevard and this requires Council approval. Section 49-17(a) of the City Code of Ordinances, requires, as a condition ofthe street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval PREVIOUS COUNCIL ACTION: None FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. /' ~~ I R. Escobar, P. E. irector of Engineering Services Amlitional Support Material 1, Exhibit "A" Background Information 2. Exhibit "B" Site Map 3. Exhibit "C" Permit Application 4. Exhibit "D" Traffic Control Plan BACKGROUND INFORMATION Background: Clear Channel Radio will host the upcoming Cinco De Mayo Celebration starting Friday May 5 through Sunday May 7, 2006. They are requesting the temporary closure of Shoreline Blvd. north of its intersection with Resaca Street. See Exhibit "B". To accommodate set up and take down they are requesting the temporary closure from Thursday May 4 at 10 p.m. to Monday May 8 until 10 a.m. The event activities will Include a stage with live music and various booths that will be set up within the right of way of requested area of Shoreline Blvd. AI adjacent property owners have been notified and concur with the temporary closure. This event has been coordinated with all events going on In the area at the same time to minimize traffic congestiOn and to preserve the safety of the public. This would include Marc Solis and Russell Myers with the American Bank Center, Cynthia Anderson on behalf of Corpus Olristi Art Museum, Vicki Lewis and Walter Deville with the Buc Days Committee and Robert McDonald with the City of Corpus Christi Police Department. They all concur with the recommendation to approve the permit request as presented. The event activities will occur on Friday from 6-12 p.m., Saturday from 11 a.m. to 4 p.m. and on Sunday from 12 - 6 p.m. All barricades, booths and equipment will be removed no later than 10 am Monday morning May 8, 2006 returning the street to its original condition. EXHIBIT "A" :ie"~ 'oM 3d8 iH~nH r'r:::---' e.-l J.... i...-~,. ., J ,.---",' ~-"=~' ~- 1~~- L!rlff,/ ,I\~~", J' ...., II ~~~~~ ~'~~~~:-:f .. .~~ Ii' ,J. 'H[RITA~L c Ii..... 1il.. .~! PA.R..K'.' --- :: I,t-J:;. T!~ IE-. 11': ili ' . '. ','10 L_~_ .10. '[ I!I!-I:-Wl~ l,~ ,-~ -];c=- ~l~ T u.J il:::" :::J o en ill ::;> :j' .11 11111 III t./) II~; {U_,"!~ N -~ ,~ ~, >-- 'f <( D:: D:: <( 0- <( I U Vi <'---"-,-, 11 ,:I "- ~ ~ -<.J Cl. Q.J >0 o Vl Q.J Ol.~ .s: C: ..... Q.J all.fl C .- 0"> Ole: ~ .C Q.J U Q.J IE .S ro 0"> ..... e: t-UJ :.:: ~= ~ Z ,- ll..... Z >LJ Z III ; ~ 'O'JVSJd ClVd3~Z11J w z, ~I o I C" ) 117 OJI[c:L 'I I, I 1.0 o o N z: o ~ CO UJ ....J UJ U o f >- ~ <( N :E: z: ~ UJ <t'" 0 o ....J~ o 0... ~ UW~ Z /-- _......~ U (/') 0 ~ ~ ~ ~ ~ ~ .. E ]MOd i~ I j t~ CO I- - CO - :J: X UJ ~ UJ r-, CO :::> (f) ~III ~Ih i. C-Hi t._ L ^JdSn" ~ CLEARCHANNEL RADIO To. RI\.."ardo Guzman Traffi~ Manager Engme,:ring Services City ot Corpm ChrIsti 4/5/06 RE CInCO De Mayo Street Closures From: Brett A. Stenner NTR/Special Events Director Dear Ricardo ThIS letter is to request a minor street closure for the upcoming Annual Cinco De Mayo Celebration that will be located down in front of the American Bank Center Arena complex starting on Thursday May 4th from 10 p.m. Central time to Monday May 8th until 10 a.m. Central time. The physical closure will need to be in place from the footprint of the American Bank Center at Resaca directly straight across Shoreline Dnve stopping at the city curbing and sidewalk that is already In place. The barricades or structure closing the street will actually be roughly 10 feet m from the Resaca comer to accommodate the existing pedestrian walkway and handicap acceSSIbility ramp already in ex istence at this junction. ThIS time IS necessary to complete the mfrastructure required to complete a final setup and teard{>wn of said event. We will he placmg a stage at the far end of this area closest to the Museum side with at least two generators for power, 4 total moonwalk and obstacle courses for our kid's area, several sponsor tents placed in through the event to fulfill obligations as part of the promotion and evenl Clear Channel graciously asks for this closure to occur dUrIng stated timeline above for the successful execution and performance of the Annual Cinco De Mayo Celebration. Your assIstance 10 this manner is greatly appreciated and if you have any questions or comments please feel free to direct them 10 Brett A. Stenner at 361-289-0111 ext: 136 or via email at brettstenner@clearchanne1.com . Thank you very much for your support and consideration of this closure in advance and! look forward to working with you and your department for any future need~ or possibIlities. Smcere! and Respectfully- / .4~ Brett A. Stenner NTRJ Special Events Director Clear Channel Radio Exhibit C J-t OJ CJ) · ,.-..t OJ +" ~~ '\j OJ ~~ +" ]Cf) ~ e ~" \ ........ -- ~ / G ~ ;i . '" C1l ~ C z Q..J OJ ~ U ~C1l -" ~ c; 5 c " E ... E.1P.S;"ltl 1- ~ OJ V ~ ~ ;. U : 1 (!) I: ~ ~ ---;x- --. ....... ~ ~ C/') G , u o Q )<: ~ ~ o l.O ~ ~ ;:::-. to ~ c;; o c:Q ...... ...... ...... C ~ -... ...... to ~ f'... ...... "'t ~ ~ " o ..0 ~ N ~ o .t5 i::: ..s::: (J ~ e- (5 Q) t:: Clj -J .... Q) Q g. j..:: ...... C l.O ~ ~ a.. .0 is ~ TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPl)S CHRISTI, TEXAS APPLICA TION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1 Name of Organization Sponsoring Event: C {fAR CIIAt/N~L RAt7!o 2 Name of Proposed Event: C I Ale 0 !/b M A ,J 0 C~i- C 13 Jl? /11/0 AI 3 IIfAu,y ~ (A/ 6.~/ 'ldl/, , Date of Planned Event: /Y/ V :..L. - - 4 Key Contact Individual: 6Rcl1 A 516.NA.J~R Phone No. 30/-J3f-D/J 5 A",'R~ . 6 PE?scription of,Activities Planned: -~ List foods and beveragesto be serveq: ~ i~(~' t:lt~1. ;hJZ./ r;tee{~ /" l1'17;;ftl . //'A~ ,sq __ -- ~ - 8 /' 1)/ ~. S.. erv.. IC!S. Requested byJhe A ; IM....~. L-()_~O t/Y'./2/lD / _ . VpJcr(.I.lq?/ i,.rC/jI (/7-er;t~n:tr! ~r}l _ f~~- ~R/Vn1;/j; ~.pf ?~J/ J {/ 9 Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations. etc , that will be Included in the event. 10 Enclose a check or money order for $200 to cover administrative costs of handling application. payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11 Attach an official letter of transmittal requesting approval of the event. PermIt to Close Street for Public Events 2 12 In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A.. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. Do* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A" E.* Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. Go" Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the manaoing tenants or. if the property is vacant. managina prooertv owners of the orooerty abutting that portion of the street to be closed to vehicular traffic: and (ij) for the Downtown Manaaement District onlv (bounded bv Lower Broadwav. Interstate 37, Shoreline Boulevard (includino the marina areas. and Kinnev Street), ninety (90%) percent of the manaaino tenants, or, if the prooerty is vacant. manaaina propertY owners of the orooerty abuttino that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public; 1.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. K All construction of booths. stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M Provide first-aid stations; N Provide continuous cleaning of the site during the event and return it to pre-event condition after event ends; o Restore any damaged City property promptly after event ends; P Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q Vehicles shall be prohibited from parking on grass areas within the street right-of-way; R No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S All City Noise Abatement Ordinances shall be complied with; T Allow for the free passage of emergency vehicles into event area in case of emergency; U Carnival-type rides will not be permitted 0 V Building and Electrical permits for a temporary promotional event, associated constructior and Certificate of Occupancy are required. Permit to Close Street for Public Events 3 * Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: ~fA~~ Event Chairman/Organizer C2uvt.~ ~;O Sponsoring Organization Date Submitted: i/Y06 INDEMNITY. AGREEMENT ~HE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS :OLJNTY OF NUECEs-, S WHEREAS, Section III of said standards, entitled Procedure and Permit Requirements, -equires a contractor for a permit to close or block any part of a roadway to file a statement with the lirector of Engineering Services Traffic Engineering division indemnifying the City against all .iaims or causes of actIon by reason of or arising from the closing or blocking of the roadway mrsuant to a permit issued by the C it) Now, therefore. in consideration for the issuance of a permit to the undersigned by the City ,f Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public ight-of-way in said City, said permit applicant agrees to indemnify and save harmless and defend he City of Corpus Chnsti, its agents and employees from any and all claims, lawsuits, demands, iabilities, losses or expenses, including court costs and reasonable attorney' s fees, for or on account )fany injury to any person. or any death at any time resulting from such injury, or any damages to my property which arise or may be alleged to have arisen directly or indirectly, as a result of the ~ranting of this permit. The Contractor. during the term of operations specified in this Public Right-of-Way Blockage 'Jermit, will provide and maintain at the Contractor's expense a Commercial General Liability nsurance policy with the limits and requirements shown on the attached and incorporated Exhibit A" The City of Corpus Christi must be named as Additional Insured on the policy. Evidence of eqUlred insurance coverage will be by a Certificate of Insurance furnished to the Director of ngmeering Services 1 raffie Engineenng Division prior to the proposed blockage under this permit. Vitness my (our) hand(s) this ? tA .4' !1/1a:Y6 ---L____ day of kr"":()0 d ~4 ~,r~l./ Permit Applicant h!~ ,2000. (A./r'~~ If / Event EXlDBrr .. A" INSURANCE REOUIREMENTS 1. PF:R.M1TTEE'S LIABILITY INSURANCE A Permittee must not commence work under this agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permittee allow any subcontractor to COIDIl1II1Ce work until all similar insurance required of the subcontractor has been so obtained. B Permittee nmst furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company( 8) acceptable to the City's Risk Manager. TYPE OF INSURANCE MJNIMUM INSURANCE COVJ:JlAGE JO-Day Notke of CueellattoD req.ued on aU tertifteatel BodDy Injury ad Property Damage Commeroial General Liability including: $1,000,000 COMBINED SINGLE LIMIT for large events 1 Commercial Form or 2. Premises - Operations SSOO,OOO COMBINED SINGLE LIMT for small events 3 Products Completed operations 4. Contractual hIsurmce S Broad Form. Property Damage 6 IndepeDdent Contractors .. Personal Injury AUTOMOBll.-E LIABnJTY .-OWNED NON-OWNED $500.000 COMBINED SINGLE LIMIT OR RENTED WIDCH COMPLIES WIlli THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH n OF TIllS EXlDBIT EMPLOYERS'LIABILITY $100.000 C In the event of accidents of any kind, Pennittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. ADDmONAL REQUIIlEMENTS A.. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a Hcensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance Whether workers' compensation coverage is provided through a licensed insurance company or tbrough self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B Certificate of Insurance: ... Tbe City of Corpus Christi must be named as an additional insured on the liability coverage,except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. ... If your insurance company uses the standard ACORD fonn, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words. "endeavor to", and deleting the wording after "left". ... The name of the project must be listed under "Description of Operations" ... At a minimum. a 3O-day written notice of change or canceUation is required. c If the Certificate of Insurance does not show on its face the existence of the coverage required by items I, B ( 1)-( 8), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1 )-(8) are included or excluded. III A completed Disclosure of Interest must be submitted with your proposal. Street Closure insurance requirements 9-5-00 ep Risk Mgmt. ~ Marah 11SA, Ine 1-210-299-1215 DATE (IIIIIDOIYY) 04/04/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERnFICATE DOES NOT AIIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORD", CERTIFICATE OF LIABILITY INSURANCE 112 Baet Paean, 3u> r:e 2625 San Antonio, TX '8" INSURERS AFFORDING COVERAGE 200 Bast Baaae Road t -,-~------~------- WNSURER k American _ IIcl8Ie Assurance ~INSURER B; lIIationa1 U'I:lion Fire Insurance CoaIpany of PI. : IN:>lJRER _c,_IWlurance Co. of the State of PI. INlIUItEO Clear Channel Broadc.sting. IDe !san Antonio, TX'S209-8328 INSURER D INSURER E: COVERA THE POLlCI&S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQ~MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -~-~_..._~.__..~ POUCY 1flII!C11VE POLICY IIXPIRATlON lYPE Of INSURANCE POLICY II\IMBER ---+--- GL5751521 11/01/05 11/01/06 LIMITa S 1.000.000 S 1.000.000 S $ 1.000,000 $ 2.000.000 PRODUCTS - COUPIOP 1000 S 2.000. 000_ A _RALIJAIIILIT\' x COMMERCIAl GENERAL L1ABll m f t _J a..AJMSMADE . _~__ OO;UR l ~j~=\.;~Ii:i:~LITY i GEN.l AGGREGATE LIMIT IV'PlIES PER !-- poucy Xi PRO l LOG A- _~\JABlUTY A X ANY NJTO A All. OWNEO AUTOS A SCHEDUlEO AL1TOS HIRED AUTOS NON-OWNEO AUl';)S x]ct*I'/~ - ACV GENERI\I. AGGREGATE !WC6610735 ()IN) WC6610737 NDNYOHWA,WI,WV.WY WC6610736 (CA) WC6610738 (AOS) 11/01/05 11/01/05 11/01/05 11/01/05 11/01/06 COMBINEO SINGlE LIMIT 11/01/06 (E. IICddenl) S 2.000.000 ~-~---~-~--' .. ---_._~_. --"- ---- 11/01/06 BODILY INJURY 11/01/06 (Per person) $ BOOIl Y INJURY $ (Per accident) PROPERlY DAMAGE S (Per accident) NJTO ONLY - &. ACCIOENT $ OTHER THAN &. ACC S AUTO ONLY; AGG S &.CH OCCURRENCE S AGGREGATE $ $ $ S 11/01/06 11/01/06 E.l. EACH ACCIOENT $1.000.000 11/01/06 E.l. OISE1>.$E - &. EMPLOY S 1.000.000 11/01/06 E.l. DISEASE - POLICY UM1T S 1.000.000 CA5833744 (VA) CA583r!42 (AOS) CA5833"43 (TX) 'CA5833?41 (MA) 11/01/05 11/01/05 11/01/05 11/01/05 "--t-..- _.~UA8am - ..NY AUTO ----+-- , ElCCE8S LIMIlUTY :----; OCCUR ClAIMS MADE DEDUCTIBlE A- I B I I : i OTMeR DESCIUPTlON CI' ~TlONSlLOCATlONSM:HlCLeSlEXCUlSION8 ADDED BY ENDORSEMENTISPEClAI. PROVI8IONS RE. CC-Ra4io. Corpus Christi Cinco 4e ..yo r.stival & Fajita COok-Off May 5-7, 2006 Certificate Bo1d.r i. an additional insured on the GL and Auto po1ici.s. but only with respect to liability that ari..s out of the acts or omissions of the Named Insured. Workers C~Bation is evidenced for employees of the Named Insured only. Corpus Chriati, TX 78401 USA CANCELLATION SHOULD Nff Of THE AllOW DEICRI8ED POUClI8 IE CANCEWD IIeI'OM THE ElCPIltA'IlOH DATE TIlEMOF. THE IlI8UING INSURER WILL UlH!AVOR TO IIAIL .2!- DAYS WRITTIH N011CE TO THE CI!RTFlCATI! HOLDER NAMED TO THE LEFT, BUT FAILURe TO DO 10 SHALL IMPOSE NO OBLlGAllON OR LIABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS oR ATIVEIl. AUTHORIZEO REPRESENTATIVE ~ INIURED. INSURER LETTER; City of C~. Chriati, Parks and aec. Dept. 1581 B. Cbappara1 ACORD 2541 (7197) carol frau.to 4153637 @ACORD CORPORATION 1988 POMRd By CertlficatesNow Till ,j AmericanBank ~ C E N T E R,. ci t n a onvention center i selena auditorium April 6, 2006 Brett A. Steimer Clear Channel Broadcasting 50 I Tupper Lane Corpus Christi, Texas 78417 Re Cinco de Mayo Event Dear Brett: Per your request, this letter is to formally notifY you that SMG American Bank Center is aware and has given permission for Clear Channel Broadcasting to host this year's Cinco de Mayo event. taking place on May 5-7,2006, along Resaca St/Shoreline Dr and the Barge Dock. We ask that you provide us at your own expense, a comprehensive general liability insurance policy in a form acceptable to SMG, in the amount of One Million Dollars ($1,000,000) for bodily injury and One Million Dollars ($1,000,000) for property damage, including blanket contractual liability, independent contractors, and products and completed operations. SMG and City of Corpus Christi must be named as "additional insured". Enclosed is a copy of Appendix "A" which explains these requirements in detail. We also ask that you provide SMG with a copy of all permits reqUired by the City of Corpus Christi and a copy of your Texas Alcoholic Beverage Commission Liquor License. Plea<;e deliver all documents to SMG by Friday, April 14, 2006 Additionally, we ask that after the event is completed that all parking lots, streets and barge dock be left in the condition as found before your event. Thank you for using the American Bank Center, and we wish you a successful event. 361.8264100 I fax H B83 -OB8"'Nw..me(ira~ba1kcfnle om POBox 23040 "1) N Shorf'l:ne 81-;i, <, ~. lOG ! (orpU' C~rlstl, TX 78403 J040 ~ ,.._..._.._.,.,....,.hdIl".. ::.:: z <( cc I ( I 1) vJVS3d t- V) a:: w t- " :I: ~'...ch.:.."-li G_: : we, S ~!i ~.) 2>......1.! ~_~J! r 0 '",':197 11. L ! I ! \. __0 J. J .,,-_ 01 V.ci. i I I, ___ :lS-g::JMod rr- litFl ) I: .1.: L, II I '~cL\~:~~~~~~ I'~ ~ ! lie II I II /1.//111/1.1/ i'J. I (.iii ii' /./I/I/l / / l.( L___-.-J ~c~\,'~\~~~'.\\\\\\\\\\\': .1 JUl. ...J J; . <(.~ ~'/jj/~CULz d _ _ ~ :Ir \ / <( U -.v:I .- . if Hi +~g~ m<( IT) ! U V-j :1 G: w COu..z N<(O IX ,. , t- . I I I II II ~ i! ~ ~ C0 M'.. 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I X W I- U W ...., co :::> (f) ~1II1 ~Ih 11 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: WorkSource of the Coastal Bend Quarterly Presentation (formerly Work-Force 1) OUTSIDE PRESENTER(S): Name Title/Position Organization Mary Ann Rojas President/CEO WorkSource ISSUE: WorkSource of the Coastal Bend, formerly Work-Force 1, is tackling many VIIOrkforce challenges through a variety of initiatives, including partnering with local schools and businesses with funds for an enhanced apprenticeship program, training grant monies for Coastal Bend businesses, facilities upgrades, and addressing BRAC issues REQUIRED COUNCIL ACTION: None /)~~ ~ ( /! f? ;,/1/? ..... ... / ( / r /U1 Oscar R. Martinezt Assistant City Manager Additional Background . J Exhibits I 12 CITY COUNCIL AGENDA MEMORANDUM Date: 04/18/06 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 Community Development Block Grant (CDBG) Program. B. Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 HOME Investment Partnerships (HOME) Program. ISSUE: Subrecipient agreements with nonprofit organizations who were awarded CDBG and HOME Program funds from the FY05 Consolidated Annual Action Plan (CAAP) amendment need to be approved by the City Council. PREVIOUS COUNCIL ACTION: 1) On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,882,133 for the CDSG Program, $800,000 of program income from housing loans, $24,245 of demolition lien program income, $708,081 of reprogrammed funds, and $150,150 for the ESG Program and $1,772,241 for HOME I nvestment Partnerships (HOME) Program, $51,243 of the American Dream Downpayment Initiative, $300,000 of program income and $301,225 of reprogrammed funds totaling $7,989,318 (026237). Included in this action was City Council approval of CDBG and HOME Program funds to Corpus Christi Metro Ministries. 2) On October 18, 2005, City Council approved an amendment to move CDBG and HOME Program funds for Corpus Christi Metro Ministries from 1906 Leopard Street to the 3115 McArdle location. REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 COBG and HOME Programs FUNDING: FY2005 CDBG and HOME funds. RECOMMENDATION: That the City Manager or his designee be authorized to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc.. with fun~.s p 7r vided fro he FY2005 CDBG and HOME Programs. ~ . L~ Jonathan Wagner CD Administrator Attachments BACKGROUND INFORMATION A) Corpus Christi Metro Ministries is requesting to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries Inc, with funds provided from the FY2005 Community Development Block Grant CDSG Program These funds will be used to provide a portion of the following at Loaves and Fishes located at 1906 Leopard Street: I i------ -- --.,---- .'.-.-..---------- '.- I Front of building I in~eri2r of buildin1!__ i 1 s floor of building i Location- Of the proble~_LNatur Patio and Parking Lot ! The e . the I proble floodl secur . param ! lightin _ __.~hei!_S . The . open : enter ! 1st floor of buiTding- -----1 ~~~: I room rehab 150,0 dining impro energ has c . finally i janito . are In I allow andTThe e +aQLet i The c i years . of the 1------ ---- - - ! Exterior Walls -'-"'-'~"-----~---'---'-"-"'---" e of the Problem Total Cost xisting patio and parking lot behind $35,000 building has a serious drainage m. This In turn causes interior 'ng during times of bad weather. The ity of the residents and staff IS ount. The current fencing and g is currently inadequate to ensure _.9fety.________ exterior walls have cracks and $42,000 ings that allow rodents and pests to the building and allow the heating ir-conditioninq to escape. xisting kitchen (760 sq.ft.) and dining $108,000 ( 1,280 sq.ft.) have not been ilitated in 10 years_ As we serve over 00 meals each year, the kitchen and room are in great need of vement. The lighting is dim and y inefficient. The plumbing leaks and aused damage to the walls. And the current configuration of the r's closet, office and dry storage area efficient and can be reconfigured to for more kitchen space..:. xisting signage is unlit and not readily $5,000 o be seen. "---"-'-- urrent roof on the building is over 10 $10,838 old, This project includes 1/2 of cost cost of a new roof. ~--,._----_..__...._--"-~~-- $16,000 "~_. _._-_._--~_._-_._- $24,000 "____._,..,_.u._ ------..- $240,838 I Professional Fees I Contingency~:.=:.._ Project TotaL___ _ I Sources of ~~!1ds~ecuredL I CDBG I .-----.------.--- I Corpu~_C~ri~ty1_~tro Ministr~e_~ i T otaL__ ~~~--1f .F .L_ ear Amount Y05 $100,838 Y05 $15,000 $115,838 If approved by City Council, an additional $100,000 of FY06 CDBG funds and $25,000 of capital contribution funds from Corpus Christi Metro Ministries will be proposed to augment the total project cost at the Loaves and Fishes location at 1906 Leopard Street B) Corpus Christi Metro Ministries is requesting to amend the scope of work and move the project location from 3115 McArdle Road to 1906 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY2005 HOME Investment Partnerships (HOME) Program. These funds will be used to provide a portion of the following at Rainbow House located at 1906 Leopard Street: i Locaticinof the -roblem- Natu-re of the Problem- --- Elevator and resident stair Located on the second floor, Rainbow House is in need of an elevator in order to provide access for those who are unable to use the stairs. Also, the existing stair at Rainbow House must be removed and rebuilt as it is steep, dangerous and must be reconfi ured. !---~_._. -- ._._-~----_.__.._._---- f Exterior Wall and public The exterior wall has broken stucco, cracks . stair and is peeling. The exterior stairs on that the residents use to enter and exit from Rainbow House is very old and deteriorating and cracked and will soon present safety issues. The project will include demolition of portions of the stair to ______ allow for improvements. The interior of Rainbow House is poorly configured, inefficient and must be reconfigured to better serve the needs of the residents The electrical system at Rainbow House is quite old and has not had any renovations or improvements for over 10 years. In order to ensure the safety of staff and residents we must make ______ necessary upgrades. The existing roof is over nine years old and has been patched and repaired numerous times. It must now be replaced to allow for uninterru ted service to residents. ~- .--..---.- i Awning The existing awning is ripped and frayed . ___ _ and must now be replaced. I Professional Fees_~_ ___ _____ _ ______ I Contingency___ __ __.._ ___ Project Total _____ _____ __ ____~____ i----- - 1 Interior Roof Total Cost $100,000 $60,000 $90,000 $10,000 $3,000 $20,800 $31,200 $315,000 Source~~tf!J~n~c!~ ~ecu!~~l .HOM~ Total I Year Amount iFY05 $150,000 -~ $150,000 If approved by City Council, an additional $125,000 of FY06 HOME funds and $40,000 of matching contribution funds from Corpus Christi Metro Ministries will be proposed to augment the total project cost at the Rainbow House location at 1906 Leopard Street. 13 AGENDA MEMORANDUM DATE: April 18, 2006 SUBJECT: Storm Sewer Extensions - Group "B" Projects . Villa Drive Drainage Improvements, Phase 1, from Agnes to Baldwin (Project No. 2173) . Greenwood Park Area Drainage Improvements, Phase 1 (Project No. 2215) . Milky Way Drive Outfall Improvements (Project No. 2212) Ap~DA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of$1 ,223,591 with SLC Construction, L. P. of Conroe, Texas for the Storm Sewers Extensions - Group "B" Projects: . Villa Drive Drainage Improvements, Phase 1, Agnes to Baldwin . Greenwood Park Area Drainage Improvements, Phase 1 . Milky Way Drive Outfall Improvements ISSUE: The proposed contract consists of the extension of storm sewer pipes to properly drain these locations and alleviate serious flooding conditions. The total fee of $1,223,591 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital Improvement Program Budget : Staff recommends approval of the motion as presented. , r Department ~ional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map -; :IUSERS2\HCMEIVELMAP\GEN\DRi'.INAGC '2173\AGENL'A MEMC BACKGROUND INFORMATION SUBJECT: Storm Sewer Extensions - Group "B" Projects . Villa Drive Drainage Improvements, Phase 1, from Agnes to Baldwin (Project No. 2173) . Greenwood Park Area Drainage Improvements, Phase 1 (Project No. 2215) . Milky Way Drive Outfall Improvements (Project No. 2212) P~OJECT BACKGROUND: The proposed project is part of the Council-approved Storm Water Capital Improvement Program's $55M list of priority projects. During the course of developing the CIP priority 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 priority 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 The Storm Sewer Extensions Project was divided into two (2) groups for construction purposes as follows: Group "A" Proiects - 100% complete. 1. Leonard Drive I Mulholland Drive Drainage Improvements 2. Fair Oaks Dnve Drainage Improvements Group "B" Proiects - Proposed proiect. 1. Villa Drive Drainage Improvements, Phase 1, from Agnes to Baldwin 2. Greenwood Park Area Drainage Improvements 3. Milky Way Drive Outfall Improvements The individual assessments completed by the prior consultants determined that each of the areas listed above has serious drainage issues. Group "A" Proiects: One area, Fair Oaks Drive, has experienced severe flooding that has resulted in homes having water enter into them on more than one occasion. This project has been determined to be a high priority. In order to expedite the work associated with thiS area, the City issued a Small AlE Contract with Naismith Engineering, Inc to begin assessing the drainage concerns. Leonard Drive/Mulholland Drive DrainaQe Improvements: Residents in the area of Leonard Drive I Mulholland Drive have complained about drainage problems during minor rain events. The existing drainage system is undersized and requires additional conveyance capacity in order to get water away from the intersection. In order to alleviate drainage problems at the Leonard Drive I Mulholland Drive area, approximately 150' of new storm sewer extension will be EXHIBIT "A" Pa e 1 of 5 rl'\USERS;:\H(.f,,1I::\VEL MA P\GEN'DRj-: INAG =- -,.217 2.\A,GEN[:A SAI~. K .;f<(IUND constructed to divert drainage to an existing storm sewer system along sewer system along Shady Lane. The new storm sewer will connect to an existing inlet at the northeast corner of the intersection and divert water from the inlet. The line will be laid parallel to Leonard Drive between the edge of pavement and Northwestern RO.W. line. Fair Oaks Drive DrainaQe Improvements: Fair Oaks Drive is located in area which is naturally low. Prior to the development of the subdivision in the area, this was the natural valley which eventually fed to the North into the Nueces River. It appears from the existing drainage data that drainage from the surrounding subdivisions is all routed to an existing 60" storm sewer which conveys the runoff to the North and into an existing Box Culvert system which conveys the water across I.H. 37. Preliminary drainage assessments of the area indicate that the existing 60" is inadequate to convey all the runoff. The storm sewer capacity needs to be increased. In order to alleviate drainage it is anticipated that approximately 900' of new storm sewer will be extended from an existing drainage ditch which runs along the back of the properties in the area. The drainage ditch and area to be evaluated will include drainage associated with three cul-de-sacs along Red Bird Lane immediately to the West of Fair Oaks Drive, Some minor drainage improvements may also be required in each of the cul-de-sacs in order to insure that all water is efficiently conveyed away from the areas. Group "B" Proiects: Villa Drive DrainaQe (AQnes to Baldwin), Phase 1: Villa drive between Baldwin and Agnes is currently a rural roadside section having roadside ditches. The Water stands in the road side ditches for long periods and during heavy rain events water rises and flows onto the surrounding parking areas. The predominant land use in the areas is industrial. Water from the drainage ditches is then conveyed south to Agnes through an existing 18" storm sewer The existing line is too small and additional outfall capacity needs to be provided, In order to alleviate drainage along Villa Drive between Agnes and Baldwin. it IS anticipated that approximately 250' of new storm sewer will be constructed south to the existing Agnes storm sewer system. In the future, Phase 2 will extend some additional storm sewer from the Villa/Agnes intersection west to an existing outfall ditch which begins and runs South of Omaha Drive. Greenwood Park Area Drainaae Improvements: Greenwood Park Subdivision experiences flooding and standing water even during minor storm events The boundaries of Greenwood Park subdivision are Sycamore Place (North), Castenon Street (East), Trojan Drive (South), and Greenwood Drive (West), At this time the area outfalls to the west through an existing 6'x6' box culvert system which discharges into Airport Ditch. A study completed in January, 2004 (CIP City Project No. 90078) determined that the existing drainage system is undersized and needed to be upgraded. In order to alleviate drainage, the proposed improvements will be completed in three phases. Phase 1 will cj:IUSERS2'H'MEIVEl MJ\P'GEN'DR.;INJ\'. ,!'\2173'Jl.GENi)!> SA'_ ',~RCllIND consist of constructing a new outfall line along Trojan Drive from Greenwood West to Airport ditch. In the future, Phase 2 and 3 will include new lines which will extend along Greenwood and along each of the five (5) interior streets within the Greenwood Park Subdivision. This work is part of the Bond Issue 2004 Program, Greenwood Drive, Phase 1. from Gollihar Road to South Padre Island Drive (Project No. 6277 . Milkv Way Drive Outfall Improvements: Milky Way Drive has three (3) existing storm sewer lines which outfall to the Williams Drive Channel. Each of the lines is approximately 180' long and runs from an inlet along the road and to the North where they outfall into the existing ditch. Each of the lines is constructed within drainage easements which run along property lines between existing houses. Visual inspections have determined that the existing lines are corrugated metal pipe which have corroded and have reached their useful life. In order to insure that the outfall capacity for Milky Way Drive is maintained, it is anticipated that each of the existing two (2) lines will be replaced with a new line having equal or additional conveyance capacity. Construction of the lines will require special care due to the close proximity to existing houses. PROJECT DESCRIPTION: The proposed project consists of a Base Bid with three (3) parts as follows: · Base Bid Part "A" - Villa Drive Drainaqe Improvements, Phase 1, Aqnes to Baldwin - Base Bid Part "A" includes 136' of 36-inch diameter reinforced concrete pipe (RCP), 116' of 36-inch diameter high density polyethylene (HDPE) pipe, 184' of 24-inch RCP, 100' of 48-inch steel casing for bore under railroad, four (4) post Inlets, and two (2) Type "A" manholes. · Base Bid Part "B" - Greenwood Park Area Drainaqe Improvements. Phase 1 - Base Bid Part lOB" includes 1,168' of 54-inch diameter RCP, 24' of 48-inch diameter RCP, two (2) Type "B" manholes, 871' of curb and gutter repair, 1,198 square yards of pavement repair, one (1) concrete outfall structure, 1,134' of 8- inch diameter C-900 polyvinyl-chloride (PVC) "purple color" effluent line, and 4 566 square yards of one-course surface treatment · Base Bid Part "C" - Milky Way Drive Outfall Improvements - Base Bid Part "C" includes 440' of 36-inch diameter HDPE pipe, 176' of 42-inch diameter HDPE pipe, 185' of curb and gutter replacement, 66 square yards of pavement repair, two (2) curb inlets, 817 square feet of concrete driveway repair, and underpinning four (4) homes during construction. The proposed project will be completed together with all appurtenances, in accordance with the plans, specifications and contract documents. mP INFORMATION: Bids were received on March 29, 2006 with three (3) bidders submitting proposals. The three (3) bidders are SLC Construction, L.P., Big State Excavation, and Cravens Partners. See Exhibit "C" Bid Tabulation. The bid proposal EXHIBIT "A" Paqe 3 of 5 nUSERS2IHOMF\VELMAP\GEN'DRAINAGf;'173\AGENDi BAC KGR: !IIND was set up as a Base Bid with three (3) parts for the three (3) sites. The bids range as follows: r ------ -, Bidders Total Base Bid ! Parts IIA", liB", lie" SLC Construction, L.P. $1,223,591.00 Big State Excavation $1,334,756.00 Cravens Partners $1,357,582.00 ~, --~.. SLC Construction, L.P has successfully completed projects with the City of Corpus Christi, Therefore, the City's consultant, Naismith Engineering, Inc., and City staff recommend awarding the Base Bid in the amount of $1,223,591 to SLC Construction, L.P of Conroe, Texas. CONTRACT TERMS: The contract specifies that the working time for completion is 120 calendar days Anticipated project completion is by mid-October 2006. FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital Improvement Program Budget. PRIOR COUNCIL ACTION: 1 October 12, 2004 - Motion authorizing the City Manager, or his designee, to award Amendment No. 1 to the Contract For Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $120,995, for a total restated fee of $145,495, for Storm Sewer Extensions at the following locations: (Motion No. M2004-380) . Leonard Drive / Mulholland Drive Drainage Improvements (Group "A") . Fair Oaks Drive Drainage Improvements (Group "A") . Villa Drive Drainage Improvements, Phase 1, Agnes to Baldwin (Group "B") . Greenwood Park Area Drainage Improvements, Phase 1 (Group "B") . Milky Way Drive Outfall Improvements (Group "B") February 8, 2005 - Motion authorizing the City Manager, or his designee, to award a construction contract for Base Bid "A", Base Bid "B", and Additive Alternate "C'. to Coastal Resources Ltd. of Corpus Christi, Texas, in the amount of $544,823 for the Storm Sewer Extensions - Group "A" Projects (Motion No. M2005-040): . Leonard Drive / Mulholland Drive Drainage Improvements (Group "A") . Fair Oaks Drive Drainage Improvements (Group "A") March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Program Budget (Ordinance No. 026188). ., L. 3. 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). EXHIBIT "A" Page 4 of 5 '<IUSERS,'\HOMEIVEL MAP\GEN\DRfl INAGC\217?\AGEN[fl BAI: K',POliND PRIOR ADMINISTRATIVE ACTION (continued): 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 20, 2004 - Executed Small AlE Agreement with Naismith Engineering, Inc. in the amount of $24,500 for the Storm Sewer Extensions Project . Leonard Drive / Mulholland Drive Drainage Improvements (Group "A") . Fair Oaks Drive Drainage Improvements (Group "A") 7 March 4, 2005 - Executed Amendment NO.2 to the Contract For Professional Services with Naismith Engineering, Inc. in the amount of $11 ,700, for a total re- stated fee of $157,195 for the Storm Sewer Extensions Project: . Villa Drive Drainage Improvements, Phase 1, Agnes to Baldwin (Group "B") 8. September 27, 2005 - Executed Change Order No. 1 to the Construction Contract with Coastal Resources Ltd. of Corpus Christi, Texas, in the amount of $22,647.24 for the Storm Sewer Extensions - Group "A" Projects: . Leonard Drive / Mulholland Drive Drainage Improvements (Group "A") . Fair Oaks Drive Drainage Improvements (Group "A") 9. January 3. 2006 - Executed Change Order NO.2 to the Construction Contract with Coastal Resources Ltd, of Corpus Christi, Texas, in the amount of $23,175 for the Storm Sewer Extensions - Group "A" Projects: . Leonard Drive / Mulholland Drive Drainage Improvements (Group "A") . Fair Oaks Drive Drainage Improvements (Group "A") EXHIBIT "A" Page 5 of 5 'nUSERS2\HCME\VEL ~1AP\GEnDR!'!NAGE\21 7?'J,GENIA BA ~K';R( 'UND STORM SEWER EXTENSIONS GROUP"B" PROJECTS VILLA DRIVE DRAINAGE IMPROVEMENTS, PHASE 1, FROM AGNES TO BALDWIN (PROJECT NO. 2173) GREENWOOD PARK AREA DRAINAGE IMPROVEMENTS (PROJECT NO. 2215) MILKY WAY DRIVE OUTFALL IMPROVEMENTS (PROJECT NO. 2212) April 18, 2006 FUNDS AVAILABLE: Storm Water. ... ... . . . . . FUNDS REQUIRED: Construction (SLC Construction, L. P.)... . . .. .. .. . .. . ... ...... Contingencies (10%)........ ........... .......... Consultant (Naismith Engineering, Inc.). ... .... .......... Major Projects Activity.. . .. .... ...,.. Construction Inspection Activity ...,... Printing.... .. Advertising. . Total... H\USERS2\HOM EIVELMAP\GENIDRAINAGE\217'\PROJECT BL 'DGE1 $1,460,610.10 $1,223,591.00 122,359.10 90,760.00 2,700.00 20,200.00 500.00 500.00 $1,460,610.10 ... 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RECOMMENDATION: City staff is convinced that this effort is not only consistent with but also supportive of our continuing efforts with the 1-69 corridor. We urge Council approval of the resolution and the authorization for the City Manager to distribute the resolution to the support group, our legislative delegation, and the TxDOT Commission. --?urii-~ W. Thomas Utter Special Assistant to the City Manager Attachment: Resolution RESOLUTION SUPPORTING THE EXTENSION OF 1-37 OR 1-69 TO THE RIO GRANDE V ALLEY OF TEXAS WHEREAS, the Rio Grande Valley of Texas is the only area of the nation with a population of its magnitude with no interstate highway; and WHEREAS, the residents of the Rio Grande Valley will benefit from the extension of Interstate 37 or Interstate 69 with an enhanced quality of life and increased economic development; and WHEREAS, there exists today only two traffic signals between Brownsville and Dallas, Texas on U.S Highway 77, those being at Riviera and Driscoll; and WHEREAS, the counties of Nueces, Kleberg, Kenedy, Willacy, and Cameron, as well as the cities of Corpus Christi, Robstown, Driscoll, Kingsville, Riviera, Raymondville, Harlingen, San Benito and Brownsville, Port Isabel and South Padre Island and the ports of Corpus Christi Harlingen and Brownsville, support the elimination of these congestion pOints; and WHEREAS, the aforementioned also strongly support the extension of 1-37 or 1-69 to include the completion of U.S. 83 to interstate standards in the Rio Grande Valley westward to Rio Grande City and then northward on U.S. 281 creating a loop; and WHEREAS, this route will provide interstate access to all of the international bndges in the Rio Grande Valley, as well as link the deep water ports of Corpus Christi and Brownsville, and will also promote the re-development of the Pan American Highway through Mexico; and WHEREAS, according to preliminary Texas Department of Transportation figures, the extension of 1-37 or 1-69 from Corpus Christi to the Rio Grande Valley is the most cost effective at this time. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City of Corpus Christi supports the elimination of the congestion points at Rivera and Driscoll and the extension of 1-37 or 1-69 on U. S. 77 from Corpus Christi to the Rio Grande Valley to include completion of U.S. 83 to interstate standards In the Rio Grande Valley from Brownsville to Rio Grande City and northward on U.S 281, with a crossover on State Highway 285 back to U.S. 77 creating a loop Corpus Christi, Texas of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Ma rk Scott ATTEST: Armando Chapa City Secretary APPROVED: April It L5 2006 THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 15 CITY COUNCIL AGENDA MEMORANDUM April 18, 2006 AGENDA ITEM: A. Public Hearing on proposed orders of the Corpus Christi-Nueces County Public Health District related to food establishment permits and certification of food managers B. Resolution approving orders of the Corpus Christi-Nueces County Public Health District to conduct food establishment permitting and certification of food managers C. Resolution authorizing the City Manager or designee to execute on behalf of the City of Corpus Christi an Interlocal Agreement between the City of Port Aransas and the Corpus Christi-Nueces County Public Health District to conduct food establishment permitting and inspections Issue In order to provide environmental health services to the City of Port Aransas from the Corpus Christi-Nueces County Public Health District (CCNCPHD), a new Interlocal Agreement requires approval from both the City of Corpus Christi and Nueces County. This agreement will allow the Environmental Health Division to permit food establishments and perform food service inspections. Required Council Action: Approval of Resolution Previous Council Action: None Conclusion and Recommedation Staff recommends approval /J ~~/j:;~; ~/II Annette ROdrigUeZ~H Acting Director of Public Health BACKGROUND INFORMATION Background The Environmental Health Division of the Corpus Christi-Nueces County Public Health District (CCNCPHD) has provided environmental health related services to the community of Port Aransas for many years. Various meetings have been held between city officials and county officials to discuss continuation of services. As the initial step to meet this public health need, a new Interlocal Agreement has been prepared by legal staffs representing the city and county. This agreement will be between the CCNCPHD and the City of Port Aransas. Permit fees collected by the CCNCPHD will assist in expenses incurred by the district to meet the needs of the community of Port Aransas. Presently, approximately sixty (60) food service establishments operate within the Port Aransas city limits RESOLUTION APPROVING ORDERS OF THE CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT TO CONDUCT FOOD ESTABLISHMENT PERMITTING AND CERTIFICATION OF FOOD MANAGERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi, as a member of the governing body of the Corpus Christi-Public Health District, ("District"), hereby approves order of the District to authorize food establishment permitting. A copy of the order is attached as Exhibit A. SECTION 2. The City of Corpus Christi, as a member of the governing body of the Corpus Christi-Public Health District, ("District"), hereby approves order of the District to authorize certification of food managers. A copy of the order is attached as Exhibit B. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: April 13, 2006 ;(~ ~~ Lisa Aguil / Assistant City Attorney For City Attorney E\ it-it A EXHIBIT A AN ORDER REGARDING THE REGULA nON OF FOOD ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, TEMPORARY FOOD ESTABLISHMENTS, AND ROADSIDE FOOD VENDORS WHEREAS, the Iegi~lature has enacted legislation, codified as Chapter 437 of the Texas Health & Safety ( od\:, which provides public health district's authority to enforce state law and rules concermng food service establishments, retail food stores, mobile food unItS. and roadside food vendors; and WHEREAS, the City of Corpus Christi and Nueces County are members of the City of Corpus Christi-Nueces County, Texas Public Health District (hereinafter referred as "Public Health District"). The Public Health District does not have a governing board. The governing body for each member of the Public Health District must adopt this Order after a noticed public hearing pursuant to section 437,005 of the Texas Health & Safety Codt WHFREAS, due notIce \vas given of a public hearing and a meeting to determine whether the Commis~ioners Court ofNueces County and the City Council of the City of Corpus Christi as members of the Public Health District should enact a Public Health District Order enforcing state laws and rules concerning food service establishments, retail food stores. mobile food units. and roadside food vendors; and WHEREAS, Said public hearing and a meeting were held in accordance with the notice thereof and the evidence and arguments were presented and considered by the governing bodies of the Pubhc Health District: and Wf-IFREAS, the l orpus Chnsti City Council and Nueces County Commissioners Court each find that it is of public concern that the Public Health District regulate state laws and rules concerning food establishments, retail food stores, mobile food units, and roadside fO\ld vendors in order to prewnt am II1jury to the public health; and WHTREAS. the ( orpus Christi Cll) Council and Nueces County Commissioners Court ha\e each considered the matter and each deems it appropriate to enact this Public Health Distnct Order adopting the provisions of Chapter 437, and amendments thereof, and the current rules or rules IS amended by the Texas Board of Health found in 25 Texas Admmistratn'c elIde. Chapter 229. Sections 161 through 171 and 183 through 175 regarding the regulatim of fO(ld establishments in this jurisdiction, and amendments there') f: Section 1. Enforcement of State Law and Rules and Definitions Nuece's County Commissioners Court, and Corpus Christi City Council adopts by reference the pn)\,]sions of Chapter 437, and amendments thereof, applicable to Public Exhil'll A 2 Health District and the current rules or rules as amended by the Texas Board of Health fOlmd in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction, and amendments thereof The word "lunsdlction" means the territorial area of the members of the Public Health District, The \vords "state laws and rules" mean the state laws found in Chapter 437 of the Texas Health & Safety Code, and amendments thereof, and the state rules found at 25 Texas Admmistrative Code Chapter 229, Sections 161 through 171 and Sections 173 through 175 and amendments thereof. The words "regulatory authority" mean the Nueces County Health Authority and authorized agent or employee or City of Corpus Christi Health Authority and authorized agent or employee or the Public Health District Health Authority and authorized agent or employee The words "authorized agent or employee" mean the employees of the regulatory authority The word "department" means the Texas Department of Health. The words "food establishment" mean a food service establishment, a retail food store, a temporary food establishment. a mobile food unit, and/or roadside food vendor. SectlOn 2. Permits and Exemptions A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this order. A valid permit must be pos1ed in or on every food establishment regulated by this order. If a person has obtained a permit prior to adoption of this Order to operate a food establishment enforced by the Department, such permit will be valid until its expiration datl EXEMPTIONS A food establishment operated solely by a non-profit organization is exempt from permitting requirements of this order, but is not exempt from compliance with state laws and rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purposes ofthis exemption. A bed and breakfast establishment with seven or fewer rooms for rent that serves only breakfast to its overnight guests is not a food establishment for purposes of this order. ExhibIt A 3 Any other bed and breakfast IS a food establishment and shall follow the applicable state rules and must obtain a permit under this order. .s.t;:f.tlOn 3. Application for Permit and Fees An) person desinng to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant. the location and type of the proposed food establishment and the applicable fee. An incomplete applicatIOn will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with the state laws and rules may be denied a permit or the renewal of a permit. The fOllowmg fee schedule applIes to permits issued under this order: Pnor to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: Food service or tood processing establishments: $300.00 $28~00 $225.00 $170.00 $140.00 $ R~ 00 $ l5 00 $ 85.00 $ 85 00 $ 7(: 00 $ ".00 Having more than fifty (50) employees... Having twenty-six through fifty (50) employees... Having nineteen (19) through twenty-five (25) employees... Having nine (9) through eighteen (18) employees... Having four (4) through eight (8) employees.., Having fewer than four (4) employees. . Temporary food service establishments... Retai food stores Mobile units Frozen desserts Late fee ( I) No fee will be charged for a food service operation conducted by a taxing authority. such as a schoo] district, whether local, state, or federal 2) For permanent establIshments, the fee shall be reduced by twenty-five (25) percent if the permit is issued in ApriL May. or June: by fifty (50) percent if the permit is Issued in July. ExhibIt A 4 SectIOn 4. Review of Plans and Subsequent Inspection Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remudeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of state law and rules. The approved plans and specifications must be followed in construction, remodeling or conversion. Failure to follow approved plans and specifications, when required. will result m a permit denial, suspension, or revocation. Section 5. Denial, Suspension, or Revocation of Permit The regulatory authority may, after giving notice and providing an opportunity for hearing, deny. suspend, or revoke a permit for any violation of this order, the state law, or the state rules The notice of the reasons for the denial, suspension, or revocation of the permit shall be in writing and mailed by certified mail, return receipt requested, to the permit holder or applicant at the address as shown on the permit application or renewaL The reason for the denial, suspension, or revocatIon shall be stated in the notice. The permit holder or applIcant shall have twenty days from the receipt of the notice letter to request a hearmg on the denial, suspension. or revocation. If no request for hearing is received by the regulatory authority after twenty days of receipt of the notice by the permit holder, or applicant, the regulatory authority may take the proposed action without a hearing. If a hearing is requested within the twenty day period, the hearing shall be conducted by a hearing officer appointed by the regulatory authority. The hearing officer shall app,)int a tIme. day, and location for the hearing, Both the regulatory authority and the pem1it holder or applIcant shall have the right to present witnesses and evidence in the heanng. Based Oil tb... evidence presented at the hearing, the hearing officer shall make a final wTitten decision in the matter and shall notify the regulatory authority and the permit holder or applicant. SectIOn 6. Enforcement of Order SectIOn 6a. Civil Remedy A cIty attorney, county attorney, or district attorney may sue in district court to enjoin a food service establishment, retail food store, mobile food unit, or roadside food vendor from operating without a permit if a permit is required, bhihlt A 5 SectIon 6b. Cnminal Remed\ A person commits an offense if the person operates a food service establishment, retail food store, mobile food unit, or roadside food vendor without a permit required by the Public Health District in which the entity is operating. An offense under this section IS a Class C misdemeanor. Each day on which a violations occurs constitute~ a ~eparate offense SectlOn 7. Severabili IT If any section. subsection, sentence. clause, phrase, or portion of this order is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shalJ not affect the validity ofthe remaining portions of this order. SectlOn 8. Amendment or Modification of Order The Public Health District, through the Corpus Christi City Council and Nueces County Commissioners Court, may amend or modify this order to reflect current state law and state rules SectIOn 8. EffectIve Date The provisions of this order shall take effect on April 24, 2006. Exhibll l' EXHIBIT B AN ORDER REGARDING THE CERTIFICATION OF FOOD MANAGERS WHEREAS, the legislature has enacted legislation, codified as Chapters 437 and 438 of the Texas Health and Safety Code. which provides counties and public health districts authority to enforce state law and rules concerning food service establishments, retail food stores, mobile food umts, roadside food vendor;;. and requiring certification of food managers; and WHEREAS, the eit) of Corpus Christl and Nueces County are members of the City of Corpus Christi-Nueces County, rexas Public Health District (hereinafter referred to as "Public Health Distncf The Public Health District does not have a governing board. The governing body for each ml~mber of the Publ ic Health District must adopt this Order after a noticed public hearing pursuant to Section 436.005 of the Texas Health and Safety Code. WHEREAS, due nollce was given of a meeting and public hearing to determine whether the Commissioners Court of Nueces County and the City Council of the City of Corpus Christi as members of the PublIc Health District should enact a Public Health District Order enforcing state law and rules concerning food service establishments, retail food stores, mobile food units, roadside food vendors, and requiring certification of food managers; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the governing bodies of the Public Health District: and WHERFAS. the Corpus Christi City Council and Nueces County Commissioners Court each finds that it is of public health concern that the Public Health District regulate state laws and rules concerning food establishments, retail food stores, mobile food units, roadside food vendors. and certification of food managers in order to prevent any injury to the public health; and WHERf':AS. Corpus Christi Cit) Council and Nueces County Commissioners Court have each considered the matter and each deems it appropriate to enact this Public Health District Order adopting the pronsions \)f Chapter 437. and amendments thereof, and the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 17 land 183 through 175 regarding the regulation of food establishments in this jurisdiction and Chapter 438. Subchapter G, and amendments thereof; As prO\lded by Texas Health and Safety Code (HSC), 9437.0076, a county or public health district may require each fixed or mobile location retail establishment in which food is prepared on-site for sale to the public that holds a permit issued by the county or public health district to employ a food manager certified under HSC, Chapter 438. Subchapter G. Section), Food Manager Certification Requirement and Definitions One certified food manager must be employed by each permitted food establishment. Certification must be obtained by passing an examination approved by the Texas Department of Exhibn B 2 Health and meeting all requirements in HSC, Chapter 438. Subchapter G, and 25 T AC 9229.176 (relatmg to Certification of Food Managers). The words "food establishment" mean a fixed or mobile location retail establishment in which food is prepared on-site for sale to the public. The \vords "food managl~r" mean an individual who conducts, managers, or operates a food establ ishment Section 2. Exemptions The following food establishments are exempt from the requirements of this order: , I ) establishments that handle only prepackaged food and do not prepare or package food: 1.2) child-care facilities, as defined by Section 42.002, Human Resources Code; 3) establishments that do not prepare or handle exposed potentially hazardous foods as defined in 25 r AC 9229.162.(66); or :4) nonprofit organizations as defined in 25 TAC 9229.371(9) (relating to Permitting Retail Food Establishmentsl. Section 3. Responsibilities of a Certified Food Manager Responsibilities of a certified food manager include: 1 ) identifying hazards in the day-to-day operation of a food establishment that provide food for human consumption: i 2) developing oc implementing specific policies, procedures or standards to prevent foodborne illness: 13) supervising or directing food preparation activities and ensuring appropriate corrective aClions are taken as needed to protect the health of the consumer; 4) training the food establishment employees on the principles of food safety; and , '\) performing in-house self-inspections of daily operations on a periodic basis to ensure that policies and procedures concerning food safety have been implemented and are being followed. Section4. Certificate Reciprocity Exhibit B 3 .~ certificate issued to an mdividual who successfully completes an examination approved by the Texas Department of Health shall be accepted as meeting the training and testing requirements under HSC, S438.046(b). Section 5. Certificate Posting [he ongmal food manager certificate shall be posted in a location in the food establishment that IS conspIcuoUS to consumers Section 6. Severability If any section, subsection, sentence, clause, phrase, or portion of this order is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity ofthe remaining portions of this order. Section 7. Amendment or Modification of Order The Public Health District, through the Corpus Christi City Council and Nueces County Commissioners Court, may amend or modify this order to reflect current state law and state rules Section 8. Effective Date The provisions of this order shall take effect on April 24, 2006. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI-PUBLIC HEALTH DISTRICT AND THE CITY OF PORT ARANSAS TO CONDUCT FOOD ESTABLISHMENT PERMITTING AND INSPECTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS" SECTION 1. The City Manager, or designee, is authorized to execute, on behalf of the city of Corpus Christi, an Interlocal Agreement between the Corpus Christi-Public Health District and the City of Port Aransas to conduct food establishment permitting and inspections. A copy of the agreement is attached" SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: April 13 2006 1A/}-L~1./I.,-k Lisa AguilarL/ Assistant City Attorney For City Attorney INTERLOCAL AGREEMENT FOR FOOD ESTABLISHMENT PERMITTING SERVICES This interlocal cooperation agreement ("Agreement") is entered into between the Corpus Christi-Nueces County Public Health District ("District"), a public health district organized under Chapter 122 of the Texas Health and Safety Code, and the City of Port Aransas ("Port Aransas"), a Texas home-rule municipal corporation, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. WHEREAS, for the protection of the general public's health, safety, and welfare, Port Aransas wishes to procure food establishment permitting services from the District; WHEREAS, the District has agreed to provide food establishment permitting ser- vices to Port Aransas; NOW THEREFORE, the parties, in consideration of the mutual covenants and conditions contained in this Agreement, agree as follows: Section 1. Term. 1\ The original term of this Agreement is one year beginning on the latest date of execution by the parties. This Agreement terminates on the one year anniver- sary of the beginning date of this Agreement ("Termination Date"). B This Agreement renews automatically each year without the necessity of further action by the District or Port Aransas for an additional term of one year ("Extended Term@) effective immediately upon the Termination Date of the previous term, unless one of the parties desires to terminate this Agreement. C If a party desires to terminate this Agreement, the terminating party must pro- Vide written notice of the terminating party=s intent not to renew to the non- terminating party at least 30 days prior to the then applicable Termination Date. D Each effective Extended Term will be upon the same terms and conditions as mitially provided in this Agreement, unless this Agreement has been amended In accordance with the provisions of this Agreement. Section 2. Obligations of District. A The District shall inspect temporary and permanent food service establish- ments, retail food stores, mobile food units, and roadside food vendors ("Food Service Operations") within the corporate limits of Port Aransas, at the request of officials of Port Aransas, for the purposes of issuing an initial Food Service Operation permit, issuing a subsequent renewal of an active permit, and in order to perform random inspections of Food Service Operations. B The District shall perform random inspections of both permitted and non-permit- ted Food Service Operations and issue field correction notices to owners and operators found in violation C Following the issuance of a field correction notice, any owner or operator of a Food Service Operation that is determined by an inspector to be operating in vIolation of State law will be reported to officials of Port Aransas. D The District shall provide all necessary equipment and personnel in order to per- form Food Service Operation permitting services under the terms of this Agree- ment. Section 3. Obligations of Port Aransas. A Port Aransas shall be responsible for requiring operators of Food Service Oper- ations within its corporate limits to submit an initial application for a food service permit to the Port Aransas City Hall. B Upon review of the application by Port Aransas personnel, Port Aransas will notify the District so that an initial Food Service Operation inspection can be scheduled and performed C Port Aransas personnel shall be responsible for the prosecution of violations of State law by Food Service Operation owners and operators occurring within the Jurisdiction of Port Aransas. District inspectors will provide Port Aransas per- sonnel with all necessary documentation that may be needed for the prosecu- tion of violations. Section 4. Inspections; Permits; Fees. A All inspections will be conducted to determine compliance with the provisions of Chapter 437 of the Texas Health & Safety Code; Title 25, Chapter 229, of the Texas Administrative Code; applicable rules promulagated by the Texas Board of Health under State law; orders adopted by the District; and all other laws, regulations, and rules applicable to the operation of food service establishments In the State of Texas. B Permit fees charged by the District will be in accordance with the schedule attached to and incorporated in this Agreement as Exhibit A. C No fee will be Charged for a Food Service Operation conducted by a taxing authority, such as a school district, whether local, State, or federal. D For owners of permanent food service establishments, retail food stores, mobile units, and frozen dessert vendors, the permit will remain valid for a period of one year from the date of issuance. E For owners of temporary food service establishments, the permit will remain valid for a period of 14 days from the date of issuance. F Permit fees will be collected directly from a food service owner or operator upon successful completion of an initial inspection and upon each subsequent renewal of an owner's active permit. Section 5. Notices. A All notices, demands, requests, or replies provided for or permitted by a party under this Agreement must be in writing and delivered to the other party by any one of the following methods' (1) by personal delivery; (2) by deposit with the United States Postal Service; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service. B Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. C All such communications must only be made to the following: If to District: If to Port Aransas: Corpus Christi-Nueces County PHD Attn: Director P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 851-7200 City of Port Aransas Attn: Inspection Dept. 710 West Avenue A Port Aransas, TX 78373 (361) 749-4111 D Any party may change the address to which notices are sent by one of the methods set out in subsection C above A change of address notification must be sent within ten days of the change. Section 6. Compliance with Laws. All parties agree to comply with all applicable city, State, and federal laws, regulations, and rules that may pertain to each parties' performance under this Agreement. Section 7. Current Revenues. Each party paying for the performance of governmental services pursuant to this Agree- ment must make those payments from current revenues available to the paying party. Section 8. Amendments. This Agreement may be amended only by written agreement signed by the Director of the Corpus Christi-Nueces County Public Health District ("Director") or the Director's designee and the City Manager of the City of Port Aransas or his designee. Section 9. Entirety Clause. This Agreement and any exhibits annexed hereto contain the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. (EXECUTION PAGE AND EXHIBIT A FOLLOW) Executed in duplicate originals on this the day of ,2006. CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT Annette Rodriquez Acting Director Approved as to legal form: Elizabeth R. Hundley Assistant City Attorney for the City Attorney ATTEST Esther Arzola City Secretary Approved as to legal form: ______ Michael Morris City Attorney Approved as to legal form: Laura Garza-Jiminez County Attorney CITY OF PORT ARANSAS, TEXAS Michael Kovacs City Manager EXHIBIT A PERMITS AND FEES The following fee schedule applies to permits issued under this Agreement: Permanent food service or food processing establishments' Having more than fifty (50) employees., Having twenty-six (26) through fifty (50) employees." Having nineteen (19) through twenty-five (25) employees... Having nine (9) through eighteen (18) employees... HaVing four (4) through eight (8) employees, . Having fewer than four (4) employees. Retail food stores: Mobile units Frozen desserts. Temporary food service establishments: $300.00 285.00 225.00 170.00 140.00 85.00 85.00 85.00 70.00 35.00 16 CITY COUNCIL AGENDA MEMORANDUM Date: April 18, 2006 AGENDA ITEM: A Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2006 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs B Council discussion and possible action on a tentative list of projects/activities to be funded. ISSUE: HUD regulations require a public hearing prior to adoption of the Consolidated Annual Action Plan REQUIRED COUNCIL ACTION: Conduct Public Hearing and tentative approval of projects/activities. FUTURE COUNCIL ACTION: Final adoption of the FY2006 Consolidated Annual Action Plan. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may outline the FY2006 Consolidated Annual Action Plan and recommended programs. Mr Bryan Stone, Chairman of the Planning Commission, has drafted a memo detailing the Planning Commission's recommended programs that is included in the agenda packet. After the public hearing is concluded, the City Council may, attheirdiscretion, undertake discussion and adoption of the tentative list of projects/activities to be funded under the FY2006 Consolidated Annual Action Plan Program Staff and Planning Commission have reached a mutual agreement on all of the recommendations as indicated on Attachment 0 with the exception of CDBG Project #7 Code Enforcement, Project #32 Boys and Girls Club of Corpus Christi, Project #34 Corpus Christi Metro Ministries, HOME Project #11 Corpus Christi Metro Ministries, Project #13 LULAC West Park partments (Trust) and Project #17 TG-110, Inc. - Glen Oak Apartments ADDITIONAL SUPPORT MATERIAL Background I nformation x BACKGROUND INFORMATION ,A, one-year (~onsolidated Annual Action Plan will describe the activities and projects to be assisted wIth funds received under the CDBG HOME, ESG and other HUD programs that help to meet housing and community development objectives The City of Corpus Christi's FY2006 entitlement allocation is $5,330,306 which includes: $3A89,407 Community Development Block Grant (CDBG) $1 666,004 HOME Investment Partnerships (HOME) $149,325 Emergency Shelter Grants (ESG) $25,570 American Dream Downpayment Initiative (ADDI) In addition, program income of approximately $800,000 from loans provided during previous CDSG years, $644,743 of reprogrammed funds and $28,356 of Demolition Lien Program Income is also available for the CDBG Program. Therefore, a total of $4,962,506 is available for the FY06 CDBG Program. Also, program income of $328,306 from loans provided during previous HOME years and $849,105 of reprogrammed funds is also available for the HOME Program. Therefore, a total of $2,868,985 is available for the FY06 HOME Program. The allocation indicated above reflects a decrease in the CDBG entitlement program of $392,726 or 10% less than FY05, a $1 06,2370r 5% decrease in the HOME entitlement program and a $825 or .5% decrease in the ESG entitlement program from last year Smce 1975 The City of Corpus Christi has been appropriated more than $147.5 million through HUD for the CDBG Program that includes approximately $13A million of program income qenerated through the various programs administered by the Community Development Office. The HOME Program begar in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $23.3 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services/homeless prevention activities. Since 1987, the City has received more than $2.22 million in ESG funds Public HearinQs/Citizens Participation Process The Planning Commission held a public hearing on March 15, 2006 and adopted their recommendations on March 22,2006 A summary of the proposed plan was published on March 26, 2006 delineating the Planning Commission's recommendations. The City Council public hearing on the FY2006 Consolidated Annual Action Plan has been scheduled to follow the regular City Council agenda on April 18. 2006. 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