HomeMy WebLinkAboutAgenda Packet City Council - 10/10/2006
CITY COUNCIL AGENDA
OCTOBER 10,2006
Corpus Christi
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11'45 A.M. Proclamation declaring September 22, 2006 as "Arnold Gonzales, Jr. Day"
Proclamation declaring October 13, 2006 as "St. Patrick School Halloween Carnival Day"
Proclamation declaring October 15 2006 as "White Cane Safety Day"
Proclamation declaring the month of October as "Auto Theft Prevention Month"
Proclamation declanng the year of October 15, 2006 -October 21, 2007 as "Year of Prayer for Vocations"
Commendation Certificate "Corpus Christi Hooks" 2006 Texas League Champions
'At Your Service Awards" City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 10, 2006
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROIIISITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary
Si Ustfld desea dirigtrse al Cancilla y cree que su ingles es limitado, 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 seNices 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 Jack Willoughby, Calallen Baptist 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 Tern Mark Scott
cousn Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John Marez
Jesse Noyola
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
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Agenda
Regular Council Meeting
October 10, 2006
Page 2
E. MINUTES:
Approval of Regular Meeting of September 26, 2006. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2
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Arts and Cultural Commission
City Council's Youth Advisory Committee
Museum of Science and History Advisory Committee
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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 folowing items are of a routine or administrative nature. The Council has
been ftJrnished with background and support material on each item, and/or it
has bfll/m 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 cllzen, in which event the item or items will immediately be withdrawn for
individlial consideration in its normal sequence after the items not requiring
separtJte discussion have been acted upon The remaining items will be
adopted by one vote
CON NT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES
FRO PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October 10. 2006
Page 3
3.a. Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $15,656 and to execute a contract and all
related documents with the Texas State Library and Archives
Commission for the L.one Star Libraries Grant to be used for the
preservation and cataloging of local history materials.
(Attachment # 3)
3.b. Ordinance appropriating $15,656 from the Texas State Library
and Archives Commission into the Library Grants Fund NO.1 068
for preservation and cataloging of local history materials.
(Attachment # 3)
4.a. Resolution authorizing the City Manager or his designee to
execute a $15,000 Solid Waste Grant Interlocal Agreement with
the Coastal Bend Council of Governments for recycling and anti-
litter education, with a City match of $10,000, and a total project
cost of $25,000 (Attachment # 4)
4.b. Ordinance appropriating a $15,000 grant from the Coastal Bend
Council of Governments in the No 1051 Solid Waste Grants Fund
for recycling and anti-litter education, with a City match of
$10,000, in the NO.1 020 General Fund, Org. 12500 and a total
project cost of $25,000. (Attachment # 4)
5. Ordinance appropriating $202,290 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State
Fiscal Year 2006-2007 program income to fund laboratory and
nursing services for the period of September 1. 2006 through
August 31,2007. (Attachment # 5)
6. Ordinance appropriating additional grant funding for FY 2005-
2006 from the Department of State Health Services in the amount
of $153,800 in the NO.1 066 Health Grants Fund for personnel,
supplies, and equipment for the Women. Infants, and Children
program. (Attachment # 6)
7.a. Ordinance approving an advance of $292,524 from the Street
2005 Capital Improvement Program Fund No. 3541 to and
appropriating in the Library 2006 Capital Improvement Program
Fund No. 3225 for the Southside Library Project; amending the
FY 2006-2007 Capital Budget adopted by Ordinance No. 026997
by Increasing appropriations by $292,524. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regul. Council Meeting
October 10,2006
Page 4
7 b. Motion authorizing the City Manager or his designee to execute
Amendment NO.1 to the Contract for Professional Services with
WKMC Architects, Inc., of Corpus Christi, Texas in the amount of
$292,524 for a total restated fee of $307,524 for the New
Southside Library (BOND ISSUE 2004) (Attachment # 7)
8,a, Motion authorizing the City Manager or his designee to execute
a contract with the Center for Coastal Studies, Texas A&M
University - Corpus Christl not to exceed $149,940.68 for
Ammonia and Biological Monitoring associated with the Rincon
Bayou Diversion Prolect 2006-2007 (Attachment # 8)
8,b, Motion authorizing the City Manager or his designee to execute
a contract with the Division of Nearshore Research, Texas A&M
University-Corpus Christi not to exceed $114,844 for Salinity and
Freshwater Inflow Monitoring associated with the Rincon Bayou
Diversion Project 2006-2007. (Attachment # 8)
8.c. Motion authorlzing the City Manager or his designee to execute
a contract with the Harte Research Institute, Texas A&M
University - Corpus Christi not to exceed $58,500 for Biological
Monitoring associated with the Rincon Bayou Diversion Project
2006-2007. (Attachment # 8)
S.d Motion authorizing the City Manager or his designee to execute
a contract with the University of Texas Marine Sciences Institute
in an amount not to exceed $207,764 for biological monitoring
services associated with the Rincon Bayou Diversion Project
2006-2007, (Attachment # 8)
9. Second Reading Ordinance - Ordering a General Election to be
held on April 14, 2007, in the City of Corpus Christi for the election
of Mayor and eight Council Members; proViding for procedures for
holding such election; providing for Notice of Election and
Publication thereof; providing for establishment of branch early
polling places; designating polling place locations; authorizing the
City Secretary to contract with the Nueces County Election Officer
for equipment and supplies necessary to conduct the election;
selection of May 12, 2007, as the Runoff election date, if one is
necessary; enacting provisions incident and relating to the subject
and purpose of this ordinance. (First Reading 09/26/06)
(Attachment # 9)
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 10, 2006
Page 5
I. PUBLIC HEARING5~
ZONING CASES:
10, Case No. 0806-04, Scott Electric Company. Inc.: A change of
zoning from a "R-1 B" One-family Dwelling District to a "1-2" Light
Industrial District for Shoreline Park, Block 7, Lot 9, located
approximately 95 feet west of North Port Avenue. (Attachment
# 10)
Planning Commission and Staff's Recommendation: Approval
of the "1-2" Light Industrial District
ORDINANCE
Amending the Zoning Ordinance, upon application by Scott
Electric Company, Inc., by changing the zoning map in reference
to Shoreline Park Subdivision, Block 7, Lot 9, from "R-1 B" One-
family Dwelling District to "1-2" Light Industrial District; amending
the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan: providirg a penalty.
11 Case No. 0806-06, Hogan Development Company. L.P.: A
change of zoning from a "F-R" Farm-Rural District to a "R-1 B"
One-family Dwelling District on 37.60 acres in Lots 2, 3, 11, and
12, Section 32 of the Flour Bluff and Encinal Farm and Garden
Tracts, located on Wooldridge Road approximately 1,265 feet
east of Las Brisas Drive. (Attachment # 11)
Plannina Commission and Staffs Recommendation: Approval of
the "R-1 B" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Hogan
Development Company, L.P., by changing the zoning map in
reference to Flour Bluff and Encinal Farm and Garden Tracts Lots
2,3, 11, and 12, Section 32, from "F-R" Farm-Rural District to "R-
1 B" One-family Dwelling District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a penalty
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regul8r Council Meeting
October 10, 2006
Page 6
J.
REGULAR AGENDA
CON~ERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
12. Special consideration of an appeal from Mark DiCarlo of a Cable
Communications Commission decision regarding violation of
Rules and Procedures for Public Access Cablecasting, which are
part of the Master Cable Services Regulatory Ordinance.
(Attachment # 12)
13. Motion approving the 2006 Tax Levy of $68,230,748 based on
the adopted tax rate of $0.602372 per $100 valuation, in
accordance with Section 26.09(e) of the Texas Property Tax
Code. (Attachment # 13)
14 Resolution amending Resolution 026965 which outlined the terms
of the beach access plan for the approximately 7,200-foot public
pedestrian-safe beach between Packery Channel and the north
boundary of Padre Balli Park upon approval of the public
pedestrian-safe beach by the voters to include additional
provisions for public access to the south jetty of Packery Channel.
(Attachment # 14)
15 Resolution determining a public necessity to acquire fee simple
title to the surface estate only to a tract of land containing 16.839
acres out of a 45.15 acre tract out of the Enriquez Villareal Survey
A-1. and the Jose Maria Bargass Survey A-17, from the owner,
Flint Hills Resources, LP, for the public purpose and use as a
wastewater treatment plant and other related sewage system
purposes; and authorizing the City Manager and the City Attorney
to obtain the acquisition by means of negotiations or by exercise
of the City's power of eminent domain. (Attachment # 15)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
16. Junior League SkatePark Committee presentation regarding the
construction groundbreaking scheduled to begin the week of
October 9. 2006. (Attachment # 16)
17 Corpus Christi Convention and Visitors' Bureau Quarterly Report
(Attachment # 17)
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CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 10, 2006
Page 7
18 Conceptual Design Presentation - Bayfront Master Plan
Implementation Phase 1 (Attachment # 18)
19 Presentation of Red Light Camera Program currently under
consideration for implementation (Attachment # 19)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
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 petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su mgles es Iimitado, habra un mterprete
ingles-espana' en la reunion de la junta para ayudarfe.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 10 2006
Page 8
20 Executive session under Texas Government Code Section
551 071 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
21 Executive session under Texas Government Code Section
551.071 regarding police collective bargaining negotiations, with
possible discussion and action related thereto in open session.
22. Executive session under Texas Government Code Section
551.071 regarding Larry Young, et al v, City of Corpus Christi,
Cause No. 01-647-C in the 94th Judicial District Court, with
possible discussion and action related thereto in open session.
23. Executive session under Texas Government Code Section
551,071 to consult with the City's attorneys regarding legal issues
related to Garwood Water, 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,
24 CITY MANAGER'S REPORT
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Upcoming Items
25. MA YOR'S UPDATE
26. COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 10 2006
Page 9
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Citys official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at _ .10: 00 a.m., October 6.2006.
A~W---
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.
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
C<.egular Council Meeting
September 26, 2C06 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tern Jesse Noyola
Council Members:
Brent Chesney
Melody Cooper
,Jerry Garcia
Bill Kelly
Rex Kinnison
John Marez
Ma'k 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 Councilmember Scott and the Pledge of Allegiance to the
United States flag was led ':JY Counclimember Noyola.
Mayor Garrett called for approval of the minutes of the regular Council meeting of September
'9, 2006 A.. motion was made and passed to approve the minutes as presented.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 16). City Secretary
Chapa announced that Councilmember Marez was abstaining from the vote and discussion on Item
5. Council members requested that Item 11 be puiled for Individual consideration. There were no
comments from the pUblic A motion was made and passed to approve Items 2 through 16,
constituting the consent agenda, except for Item 11, which was pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
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MOTION NO 2006.311
Motion approving the lease purchase of approximately 5,124 curbside collection containers
from Schaefer Systems International, of Charlotte, North Carolina for the total amount of
$262.912.44 The award is based on the cooperative purchasing agreement with the
Houstor' Ga,veston Area Council (H-GAC). The containers will be used in the City's
automated collection prograr'l. Funds for the lease purchase of the curbside collection
containers will be provided tflrough the City's lease/purchase financing program.
TI-Je foregoing motion was passea and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Kelly, Kinnison Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Councli Meeting
September 26. 2006 - Page 2
3. MOTION NO. 2006-312
Motion approving a supply agreement with Vulcan Construction Materials, LP, of San
Antonio, Texas, for approximately 7,150 tons of pre-coated aggregate and approximately
3,250 tons of cold mix-cold laid asphalt in accordance with Bid Invitation No. 81-0196-06
based on low bid and only bid for an estimated semi-annual expenditure of $355,698. The
term of the contract will be for six months with an option to extend for up to five additional six
month periods subject to the approval of the supplier and the City Manager or his designee.
i=unds have been budgeted by Street and the Utility Departments in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
4 MOTION NO. 2006-313
Motion approving t1e purchase of four (4) riding mowers from John Deere Company, of
Cary, North Carolina in accordance with the State's Cooperative Purchasing Program, for a
total amount of $45,699.44 The riding mowers will be used by the Parks and Recreation
Department Funding is available from the FY 2006-2007 Capital Outlay Budget in the
Maintenance SeNices Fund
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
5.a. RESOLUTION NO 026998
Resolution authorizing the City Manager or his designee to accept a grant from the
Department of State Health SeNices in the amount of $660,000 for the Women, Infants, and
Children Program for FY2007, based on an $11.00 reimbursement for each participant
seNed
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, C3arcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained.
5.b. ORDINANCE NO. 026999
Ordinance appropnating a grant from the Department of State Health SeNices in the amount
of $660,000 in the NO.1 066 Health Grants Fund for the Women, Infants, and Children
Program for FY2007, based on an $11.00 reimbursement for each participant seNed.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye" Marez abstained.
6.a. RESOLUTION NO. 027000
Resolution authoriZing the City Manager or his designee to accept a $56,119 grant awarded
by the Corporation for National and Community SeNice for the Retired and SeniorVolunteer
Program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, (3arcia, Kelly, Kinnison, Noyola, Marez, and Scott, voting "Aye".
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Minutes Regular Council Meeting
September 26, 200E Page 3
6 b. ORDINANCE NO. 027001
Ordinance appropriating a $56,119 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior
Volunteer Pr:Jgram
An emergency wasjeclared, and the foregoing ordinance was passed and approved with
the following vote: (Jarrett, Chesney, Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and
Scott voting 'Aye"
7a. RESOLUTION NO. )27002
Resolution authorizing the City Manager or his designee to accept a $275,761 grant
awarded by the Corporation for National and Community Service for the Senior Companion
Program
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia. Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
7 b. ORDINANCE NO. 027003
Ordinance appropriating a $275,761 grant from the Corporation for National and Community
Service In the No. ^ 067 Parks and Recreation Grants Fund for the Senior Companion
Program
An emergency was declared and the foregoing ordinance was passed and approved with
the following II'ote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott. voting Aye".
8 MOTION NO 2006-314
Motion authorizing the City Manager or his designee to execute a contract with Aloe Tile
Works, Inc., of Corpus Christi, Texas in the amount of $14,000 as part of the Percentfor Art
Program associated with the Northwest Branch Library Expansion Project for the design,
fabrication, installation, and purchase of free-form art tile murals installed over a contractor
installed field tile
The foregOing 'l1otio" was passed and approved with the following vote: Garrett, Chesney,
Cooper, GarCia, Kel!;, Kinnison Marez, Noyola, and Scott, voting "Aye".
9.a. RESOLUTION NO. 027004
Resolution aLthorizing the City Manager or his designee to execute the First Amendment
to the Interloeal Agreement for Use of School Buildings during Hurricane Emergency with
Corpus Christi Independent School District.
The foregoing resolution was passed anC approved with the following vote: Garrett,
Chesney Cooper Garcia Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Councl! Meeting
September 26, 2006 - Page 4
9.b. RESOLUTION NO 027005
Resolution authorizing the City Manager or his designee to execute the First Amendment to
the Interlocal Agreement for Food Services during Hurricane Emergency with Corpus Christi
independent School District.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9c. RESOLUTION NO 027006
Resolution authOrizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District for use of School
Buses during Hurricane Emergency.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10.a MOTION NO 2006-315
Motion authorizing the City Manager or his designee to reallocate FY2000 Community
Development Block Grant (CDBG) funds from the Westside Business Association project to
the FY2000 CDBG South Texas Institute for the Arts project for the expansion of activities
for the Antonio E. Garcia Education Center.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
10.b MOTION NO. 2006-316
Motion authorizing the City Manager or his designee to execute an agreement with Naismith
Engineering. Inc., of Corpus Christi, Texas for $13,536 to develop a Phase II Environmental
Site Assessment for the City of Corpus Christi/South Texas Institute for the Arts project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
10.C. MOTION NO. 2006-317
Motion authorizing the City Manager or his designee to execute all required documents to
purchase property located at 2027 Agnes Street for the South Texas Institute for the Arts
project for the expansion of actiVities for the Antonio E. Garcia Education Center.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Ke!ly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
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Minutes Regular Council Meeting
September 26, 200E - Page 5
12. MOTION NO. 2006-319
Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the
Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas
in the amount of $6,410 for a total restated fee of $31,387 for the Furman Avenue
Development/Spohn Shoreline Sanitary Sewer Relief Line Project.
The foregOing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
13 MOTION NO. 2006-320
Motion authorizing ttle City Manager or his designee to execute an agreement to renew the
contract with Rabalais I&E Constructors, of Corpus Christi, Texas for the O. N. Stevens
Water Treatment Plant On-Going Generator Testing and Maintenance FY 2006-2007 in the
amount of $97,888, for an additional one-year period (by exercising the one-year renewal
option under the contract with Rabalais I&E Constructors approved by Council on August 23,
2005 (Motion No 2005-268)1
T'le foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kel:y, Kinnison. Marez, Noyola. and Scott, voting "Aye".
14 MOTION NO:. 2006-321
Motion authonzing the City Manager or his designee to execute a construction contract with
Haeber Roof!ng COMpany, of Corpus Christi, Texas in the amount of $47,776 for the Fire
Station NO.8 Roof Replacement 2006 Project.
T~le foregOing motiOl was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15. MOTION NO 2006-322
Motion authOrizing the City Manager or his designee to execute a construction contract with
Barcom Commercial Inc.. of Corpus Christi Texas in the amount of $75,894 for Fire Station
#2 Concrete Driveway Repairs 2006 for the base bid and additive alternate #1.
The foregOing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16. ORDINANCE NO. 027007
Authorizing the City Manager or hiS designee to execute a ten year lease agreement with
Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage
Park in consideration of Lessee securing all labor to fully restore the house and landscape
the grounds; and Lessee maintaining the premises and improvements; and Lessee using its
best efforts tc develop and maintain a building trades educational program to maintain the
exterior of the structures at Heritage Park; providing for one five (5) year renewal option.
(First Reading 8/29/06)
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
September 26, 2006- Page 6
Mayor Garrett opered discussion on Item 11 regarding a short-term maintenance service
agreement with Tiburon, Incorporated In response to Councilmember Kinnison's question,
Assistant City Manager Oscar Martinez stated that the contract was being extended to cover the last
four months of the year; after that time, he said the city was transitioning to a new provider,
integraph, for the services Mr. Kinnison noted that the contract extension was costing the city
$8,000 a month. He questioned whether the city used the services frequently enough to warrant a
monthly contract. He asked if staff had considered contracting services on a per hour basis instead.
Mr. Martinez replied that the MIS department had analyzed their usage, and determined that a
monthly maintenance services contract was needed. City Manager Noe added that the software in
question was used for a critical function, namely to run the Computer Aided Dispatch system for 911
calls, so staff wanted to ensure its proper maintenance. There were no questions from the
audience. City Secretary Chapa polled the Council for their votes as follows:
11. MOTION NO. 2006-318
Motion authorizing the City Manager or hiS designee to extend the maintenance service
agreement with Tiburon, inc. of Fremont, California for four additional months for $33,652.
Included in the maintenance agreement are the Tiburon modules for Records Management,
Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging.
~he foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia. Keily. Kinnison, Marez, Noyola, and Scott, voting "Aye".
* . r * * * * ~. ~ * * * *
Mayor Garrett referred to Item 17.a., and a motion was made, seconded, and passed to
open the public hearing on the following zoning text amendment:
17.a PUblic hearing to consider amending the Zoning Ordinance by deleting Section 27-2.03 of
Article 27 "Supplementary Height, Area and Bulk Requirements," regarding windmills, wind
energy conversion systems, and wind-driven generators; amending Article 3 "Definitions," to
Include Section 3-1 67.3 relating to wind energy systems; and amending Article 29 "Board of
Adjustment, to Include Section 29-3.13 providing regulations for wind energy systems.
Acting Director of Development Services Michael Gunning reported that the city had recently
received a number of applications expressing interest in constructing wind energy systems within the
city limits, one in particular from a company proposing to open a retail wind energy outlet at
Saratoga and Airline. He said that the city's current Zoning Ordinance, however, doesn't regulate
these systems beyond height restrictions determmed by the zoning district. He added that the
current regulations did allow the Zoning Board of Adjustment to grant a variance to height
restrictions, which could potentially impact adjacent or abutting residential or commercial areas.
Consequently, he said on September 12, the Council approved a 30-day moratorium on the
nstallation or permitting of any wind generation systems within the city limits, allowing staff the time
TO research the issue. He said staff coordinated a public hearing and proposed zoning text
amendment at the September 6 Planning Commission meeting; upon review, the Commission
recommended the proposed text amendment for the Council's approval.
Mr. Gunning stated that staff wanted to address concerns regarding the aesthetics, noise,
and the safety issues associated with the various types of wind energy systems, including windmills,
towers, commercial wind energy conversion systems, and particularly wind turbine generators. He
displayed photos of various systems. While acknowledging that city staff did not have expertise on
'he issue, he said nClnetheless that staff had reviewed several model ordinances for wind energy
Minutes Reguiar Council Meeting
September 26, 20CE Page 7
upon which they based the proposed zoning text amendment. He said staff completed a survey of
four Texas cities as follows: EI Paso, San Antonio, Fort Worth, and Galveston. Based on a review
of these ordinances, Mr. Gunning said staff identified the main issues regarding wind energy
systems as follows: setbacks from property lines, structures, roads, and riverbeds; safety standards
for the tower installaton; electrical equipment and wiring; proper insulation, maintenance, and
aesthetics of towers: al-d turbine designs, noise. and interference with electromatic
telecomm u nlcatlons
Mr. Gunning discussed the proposed text amendment In detail. First, he said staff
recommended the deletion of Section 27203 of the current Zoning Ordinance, which briefly but
nadequately discussed wind energy system standards. Second, he said staff recommended the
addition of two definitions in Article 3 Definitions of the Zoning Ordinance, in relation to wind energy
systems and height of the total system. Third, he said staff was recommending that wind energy
systems be regulated through the Board of Adjustment as a special exception. He said the addition
of Section 29-3.13, V'/lnd Energy Systems, would provide the minimum criteria to be met as follows:
1) wind energy systems shall be located on a parcel that IS at least one and a half (1 ~) acres in
size; (2) total system height shall not exceed 110 feet, measured at the top of the blade; (3) setback
of 150 percent of the height of the total system (including blade length) from all property lines; (4)
'11 Jnimu IT' distance between the ground and any protruding blades shall be 25 feet, as measured at
the lowest point of the arc of the blades; (5) if more than one energy system is located on a site,
there must be 110 foot separation between each, measured at the base of the structure; (6) wind
enefQY systems shall not exceed 60 decibels, as measured at the closest property line; (7) minimum
survival Wind speed for the wind energy system must 140 mph; (8) roof-top wind generators shall be
prohibited; and (9) Wind energy system Will not substantially affect adversely the uses of adjacent
and neighboring properties
Ir response :c Councilmember Marez's question, Mr Gunning stated that the company
currently applying for a wind energy oermlt planned to open a retail wind energy store. He said the
wind generating system was one component of their operations, and they were definitely considering
rooftop-mounted wind systems. He noted that the proposed zoning text amendment prohibited
rooftop-mounted Wind syste'11s. He stated that no permit applications for residential use had been
submittecl at this timp
Mr. Garcia spoke In support of increasing the minimum lot size from 1 ~ acres to 2 acres to
better protect neighboring properties. Mr Gunning stated that he was not opposed to making the
minimum standard more stringent. Mr Garcia asked if the city had the flexibility to change the
standard if it was found to be too stringent. Mr. Gunning replied affirmatively. Mr. Garcia made a
motion to increase the minimum lot size from 1 ;/2 acres to 2 acres. The motion died for lack of a
second
Mr. Kelly expressed concern that the 60 decibel minimum threshold was inadequate. Mr.
Gunning stated that the wind turbine noise was a constant hum when it was turning, but he was
uncertain about the sound level. City Manager Noe interjected that the 60 decibel sound level was
equwalent to normal conversation sounds; a refrigerator hum was 40 decibels. Since the Board of
Adjustment was required to review all applications. he said they could impose more stringent
guidelines depending on the situation He said the Board of Adjustment approval process included
notification of surrounding property owners. Mr. Kelly also asked about rooftop-mounted turbines,
stating that from the pictures staff had displayed, he did not consider them to be too obtrusive. Mr.
Gunning replied that staff had recommended prohibiting rooftop turbines because they were
relatively unfamiliar With the technology, and also of the potential hazard during a hurricane. He said
staff could revisit the issue, however, in the future.
Ir' response to Mr Noyolas question, Mr. Gunning replied that one permit application had
Minutes - Regular Council Meeting
September 26, 2006 - Page 8
been filed at this time; additionally, four or five individuals had expressed interest in erecting wind
turbines in their neighborhoods. Mr. Noyola stated that he had understood the permit application
was for a commercial windfarm that would generate power for the city or the region. He was
opposed to projects that would only generate power for certain individuals. City Manager Noe
replied that staff's intent tOday was to deal with individual uses of wind energy inside the city limits,
as opposed to any large-scale operation. Mr. Noyola was intrigued by the idea of wind power as an
alternative energy source because it could potentially lower the city's utility rates. City Manager Noe
replied that the city was par of the South Texas Aggregate Project (ST AP), which was investigating
the pOSSibility of investing in or buying power from a commercial windfarm. He said staff would
report on the option as part of an overall strategy to acquire power in the future.
Mr. Kelly aSKed if the proposed zoning text amendment applied to the city's ET J. Mr.
Gunning replied negatively saying the proposed ordinance applied only within the city limits.
There were no comments from the public. A motion was made, seconded, and passed to
close the public hearing. City Secretary Chapa polled the Council for their votes as follows:
17.b. ORDINANCE NO. 027008
Ordinance amending the Zoning Ordinance by deleting Section 27-2.03 of Article 27
"Supplementary Height, Area and Bulk Requirements," regarding windmills, wind energy
conversion systems, and wind-driven generators; amending Article 3 "Definitions," to include
Section 3-1.67.3 relating tc wind energy systems; and amending Article 29 "Board of
Adjustment,' to inClude Section 29-3.13 providing regulations for wind energy systems;
repealing Ordinance No 026986 establishing a 30-day moratorium on the issuance of
permits for the erection or construction of Wind energy systems; providing a repealer clause;
providing a penalty; 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".
:k~.,..*"**.lO;"",* **
Mayor Garrett referred to Item 22, a presentation on Bayfest 2006. Ms. Janice Cubellis and
Ms. Dana Madry, Bayfest General Co-Chairmen, stated that this year, Bayfest was celebrating its
30th anniversary. She stated that Bayfest's goal was to provide a venue for non-profits to raise
monies, as well as provide entertainment for the community. She said the festival would be held
Friday, September 29 through Sunday, October 1
Ms. Madry spoke regarding Bayfest's successful partnership with the R.T.A. for shuttle
service to the main festivai entrance. She noted that there were three entrances to Bayfest as
follows: Shoreline Blvd., the main entrance, and the American Bank Center. She encouraged
people to use the American Bank Center entrance because it was underutilized.
Mr. Cubellis spoke regarding the admission fees for the event, which varied depending on
the age group. She also announced that Bayfest, m conjunction with the city's Senior Community
Services division, would be holding Senior Day on Saturday, Sept. 30, from 11 :00 a.m. to 3:00 p.m.,
American Bank Center. She said senior citizens 55 years and older would be admitted free of
charge on this day. Ms. Cubellis also announced that individuals who turned 30 years of age on
Sept. 30 would also be admitted free of charge between 12:00 p.m. and 6:00 p.m.
Ms Madry spoke regarding Bayfest's partnership with H-E-B to sell pre-sale, all-you-can-ride
rvlinutes Regular Council Meeting
September 26, 200e PagE~ 9
carnival wristbands for $15 She said the offer runs through September 28.
Ms. Cubell!s also provided information on other planned events. She invited the Mayor and
Council to attend a nbbon-cutting ceremony on Friday, September 30, at 5:30 p.m., Bayfest Front
Gate.
~ ~ ~ * * * ~ * * k*
Mayor Garrett opened discussion on Item 18 regarding a professional services contract to
evaluate Consumer Directed Health Care (CDHC) options. Director of Human Resources Cynthia
Garcia explained that the city's self-funded medical insurance costs continued to rise, following the
national trends In an attempt to reduce the cost Increases, Ms. Garcia stated that staff's
recommendation was to emer into a contract with Mercer Oliver Wyman and Mercer Health and
Benefits. who would review current programs and provide suggestions for cost management
opportunities that better reflected employee usage. including Consumer Directed Health Care
programs She said the firm would create a five-year cost projection, and would also quantify the
Impact of possible program changes
Ms Garcia stated that the original proposal developed with Mercer consisted of two parts: 1)
an analYSIS to determine whether a Consumer Directed Health Plan (CDHP), in conjunction with
either a Health Reimoursement Account (HRA) or a Health Savings Account (HSA), was viable for
the city; and 2) if determlnec: to be viable, assistance with the development and implementation of
the plan She said if a CDH P was determined to be inappropriate for the city, then Mercer would
analyze the current plans and provide recommendations for program changes to reduce city's
insurance rate increases, while ma,ntaining affordable costs for city employees. Upon further
negotiations, she said the project was split such that the second phase would only be contracted if a
CDHP/HSA/HRA was founc to be a viable option. Additionally. she said in the first phase, city staff
had agreed to conduct the required focus group discussions themselves with assistance from
Mercer, resulting in a cost savings of $15.000. Finally. Ms Garcia introduced Ms. Tracy Watts and
Ms. Julie Peacock With Mercer, who were available to answer questions.
Mr. Noyola asked if tne city was seeking employee input on the proposed CHOP. Ms. Garcia
replied that the city was holding city employee focus groups, and would also meet with union
representatives to obtain their input She said staff planned to bring a proposal forward in early
April. Mr Noyola emphasized the importance of educating city employees regarding their health
Insurance options sc they e'lroll for essential insurance coverage only.
Mr. Kinnison asked what criteria Mercer would use to determine whether a CDHP was viable
for the city. Ms. Trac'! Watts with Mercer replied that theywould work with staff and focus groups to
familiarize therr with the pros and cons of a COHP, and to seek their input. Based on the
information receivec. she said Mercer would develop a plan design that would suit the city's
employee population. She said the design would be tested with city employees to determine
whether t was a good fit
Mr. Kinnison stated That Mercer's timeline to complete their evaluation was April 30, 2007.
He asked how Mercer woulC recommend Implementing the CDHP if it was determined to be a viable
program. Ms. Watts replied that by that point, they would have quantified the program design and
developed specific features She stated, for example, that the city had changed their prescription
drug benefits during the last open enrollment period, she said Mercer would evaluate the changes to
detEJm1ine their effectiveness. She said based on the evaluation, staff would prepare a Request for
Proposal IRFP) to solicit bids from the marketplace on a specific program design.
Mr K!nnlSOn3sked I' staff anticipated that the new plan would be implemented by August 1,
-
Minutes - Regular Council Meeting
September 26, 2006- Page 10
2007. Ms. Garcia replied that staff's goals were twofold. First, she said staff could implement a
number of short-term changes beginning in FY 2007-08. Second, she said the city's contract with
Humana would expire on July 31,2008; thus, she said staff planned to use Mercer's evaluation to
issue an RFP in October 2007 to solicit bids for a specific program design. Consequently, she said
the earliest date the city could implement a CDHP was August 1, 2008.
Mr, Kinnisor askec if Mercer was affiliated with any insurance providers. Ms. Watts
responded negatively saying that their company only provided brokerage and consulting services.
Mr. Noyola asked staff to look into lowering prescription drug co-pays; he mentioned low-cost
generic drug benefit programs offered by Target and Wal-Mart in other States. He also asked staff
to look into lowering insurance premiums for retirees,
Mr. Marez asked if the proposed contract would evaluate the city's insurance coverage with
Humana, Ms. Garcia clarified that the city had a self-funded insurance plan; Humana served solely
as the city's TPA and network. She said Mercer was being contracted to evaluate the city's self-
funded insurance plan, including a cost analysis and survey of the employee population, and then
develop a series of recommendations. Mr. Marez stated that he had been told by local insurers that
the city was actually paying more by contracting with Humana. City Manager Noe replied that the
city had saved a significant amount by contracting with Humana, consistently coming in below
actuarial cost estimates
Mr. Marez asked for more information on the HRAs and HSAs. Ms. Watts explained that the
Heafth Reimbursement Account (HRA) could only be employer-funded; the Health Savings Account
(HSA) could be employer-funded or employee-funded. In addition, she said the HSA offered a
triple-tax advantage, meaning that contributions into the account were not taxed upon deposit, drew
:nterest on a tax-free basis, and were tax-free when withdrawn for a health-related expense.
There were no comrlents from the public. City Secretary Chapa polled the Council for their
votes as follows:
18. MOTION NO. 2006-323
Motion authorizing the City Manager or his designee to enter into a contract with Mercer
Oliver Wyman and Mercer Health and Benefits in the amount of $95,000 for professional
services on the preliminary evaluation of Consumer Directed Health Care (CDHC) combined
with the viability of a Health Savings Account-based (HSA) or a Health Reimbursement
Account (HRA) Consumer Directed Health Plan (CDHP). Recommendations regarding
changes to the existing health plans will be provided in the event CDHP is found not to be a
viable option for the City
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 19 regarding an amendment to the Master
Channel 27 Drainage Project construction contract City Engineer Angel Escobar reported that the
amendment provided for additional design work now required for Cimarron Boulevard Phase 1,
whiCh would alleviate flooding problems In the area. He said the initiation of the Cimarron project
and continued development in the city's south side resulted in a reassessment of the drainage
outfall capacity In that area culminating In the proposed amendment. There were no comments
from the public City Secretary Chapa polled the Council for their votes as follows:
Minutes Regular Council Meeting
September 26, 200f Page 1.;
19, MOTION NO. 2006-324
Motion authorizing the City Manager or his designee to execute Amendment NO.5 to the
Contract for Professional Services with Mavenck Engineering, Inc., of Corpus Christi, Texas
in the amourt of $1 143,024 for the Master Channel 27 Drainage Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Keiiy, Marez, Noyola, and Scott, voting "Aye"; Kinnison was absent.
Mayor Garrett opened discussion on Item 20 regarding the issuance and sale of up to $95
million ir Utility System Revenue Refunding and Improvements Bonds. Director of Financial
Services Cindy O'Bnen stated that the city had been using a Commercial Paper Program as an
,nterim financing tOOl for approved utility system capital projects, but it was now time to issue the
bonds In addition, she said the city had the opportunity to refund approximately $5 to $10 million
worth of existing bonds if interest rates hold, resulting in a possible cost savings.
Ms. O'Bnen also stated that the city must appoint a financing team to facilitate the bond sale.
She said staff was recommending the following appointments: M. E. Allison as Financial Advisor;
Morgan Stanley as Senior Manager; Morgan Keegan, SAMCO Capital Markets, Inc., and Southwest
Securities as Co-Managers and McCall, Parkhurst. and Horton as Bond Counsel.
Mr Noyola asked what role the Co-Managers play in the bond sale process. Mr. Mark Seale
With M.E. Allison & Co. responded that the Co-Managers work with the Senior Underwriter on selling
the bonds He said in a large issue such as this, it was prudent to spread the liability among more
than one firm In addition, he said if the market started to fluctuate during the day for pricing, the
firms would normally step in and underwrite a portion of unsold bonds, potentially up to 20 percent.
Thus, he said it was advantageous to have a number of firms involved in this type of situation.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows
20.a. ORDINANCE NO. 027009
Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System
Revenue Refunding and Improvement Bonds, Series 2006, in an aggregate principal
amount not to exceed $95.0CO,OOC
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".
20.b. MOTION NO. 2006-325
Motion authorizing the appointment of M. E. Allison as Financial Advisor; Morgan Stanley as
Senior Manager; Morgan Keegan, SAMCO Capital Markets, Inc., and Southwest Securities
as Co-Managers; and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus
Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kellv, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Regarding Item 20, City Manager Noe commented that staff was considering issuing the
bonds in a 30-year increment as opposed to a 20-year Increment due to the current market's flat
Minutes- Regular Council Meetmg
September 26 2006 - Page 12
interest curve. He said short-term rates and long-term rates were not substantially different; thus, he
said it may beneficial for the city to look at 30-year rather than 20-year amortization.
Mayor Garrett opened discussion on Item 21, a first reading ordinance setting the election
date and runoff dates for the 2007 City Council election. City Secretary Chapa stated that the City
Council election was typically held the first Saturday in April, or in this case April 7, 2007; however,
he said April 7 fell during Easter weekend this year. He noted that the City Charter authorized the
Council to change the election date to an alternate Saturday in April, if the change was made at
least 90 days prior to the election Consequently, Mr. Chapa said that staff was recommending the
Council move the Aoril 2007 election date to April 14.
In addition, City Secretary Chapa stated that election laws limit the selection of a date for a
runoff election based on the canvassing date. Thus, he said if the canvassing of the votes was held
during a Council meeting, the first available date to hold a runoff election would be May 19. He
noted, however, that if the Council wished to hold the runoff election sooner, they could decide to
hold a Council meeting on Sunday Apnl 22, to canvass the results, thereby moving the Council
runoff election date to May 12. Mr. Noyola spoke in support of canvassing the votes on Sunday,
April 22
Mr Marez asked if April 14 was designated as Election Day, then when would the last day of
early voting be held City Secretary Chapa replied that Tuesday, April 1 0, would be the last early
voting day before the April 14 election. Mr Marez asked how the city scheduled early voting during
the Holy Week prior to Easter Sunday. City Secretary Chapa replied that early voting would not be
held on Easter Sunday, but it would be held during Holy Week.
Mr. Marez made a motion to amend the ordinance to move the runoff election date from May
19 to May 12,2007, seconded by Mr. Garcia, and passed.
Councilmember Cooper asked if the change in election date affected the filing deadlines.
City Secretary Chapa answered affirmatively, saying the calendar would be revised accordingly and
made available to everyone He said, for example, that the first day to file would now be Monday,
January 15. 2007 and the last day to file would be Monday, February 12.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
21. FIRST READING ORDINANCE
Ordering a General Election to be held on April 14, 2007, in the City of Corpus Christi forthe
election of Mayor and eight Council Members; providing for procedures for holding such
election, providing for Notice of Election and Publication thereof; providing for establishment
of branch early polling places; designating polling place locations; authorizing the City
Secretary to contract with the Nueces County Election Officer for equipment and supplies
necessary to conduct the election, selection of May4.Q 12, 2007, as the Runoff election date,
if one is necessary; enacting provisions inCident and relating to the subject and purpose of
this ordinance
The foregoing ordinance was passed and approved on its first reading as amended with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
* ~ . * * * * ~ ~ * * * *
-
Minutes Regular Council Meeting
September 26, 200E Pag8 13
Mayor Garrett referred to Item 22, a presentation on the FY 2005-06 4th Quarter Budget
~eport. Assistant Budget Director Eddie Houlihan stated that the information contained in the report
represented unaudited fourth quarter results. He said staff attempted to account for and include
outstanding transactions ard anticipated adjustments based upon current information available.
Mr. Houlihan briefly discussed the status of the General Fund. Regarding revenues, Mr.
Houlihan stated that the city rece:;ed 103 percent of budgeted revenue, an excellent showing. He
said this equated to approximately $5 -; million rrore revenues than projected, primarily due to
increases in sales tax and ~J1uniclpai Court revenues, and an adjustment to the Ambulance fund.
Mr. Houlihan stated that sales tax receipts Increased by 8.4 percent over the prior year. He also
stated that the Solid Waste Services 'evenueNas slightly below budget mostly due to an
overbooking of rever ue In Fy' 2005 He also mentioned that franchise fee revenues were $226,000
higher than budgeted
Regarding General fund expenditures, Mr. Houlihan stated that 99.36 percent of the budget
was expended. He said the Gity had approximately $1 ,070,000 less than budgeted. He said the city
used all but $50,000 of the $1 million budgeted for drag-up costs. He said the city was $600,000
over budget in street lighting power costs; consequently, staff was finalizing a contract to help lower
costs in this area. Mr Houlihan also reported that tne unreserved fund balance was anticipated to
grow by approximate:y $5 million He then displayed and briefly discussed graphs depicting General
I=und YTD revenues and exoendltures.
Mr Houlihan briefly discussed the status of the Enterprise Funds, comprised of the Water,
v\/ astewater, Gas, Airport, Golf, and Marina funds. He said the Water fund revenues increased due
to the dry weather ex.perienced for the first three quarters of the current fiscal year. Regarding
vVastewater. he said the net of revenues over expenditures was about $700,000 more than
budgeted. noting that t:1e furd had a difficult year due to high fuel and power costs, and a number of
major line failures. Regarding Gas. he said revenues were less than budgeted amounts, but the
Gas department was able tc control expenditures, f'esulting in a net gain for the year. He said the
Airport fund saw a revenue decrease, reflecting the decline in Oil and Gas lease revenue, but noted
that a new lease had been authonzed Regarding the Golf fund, he said revenues were
approximately $250,000 higher than budgeted and, notably, the unreserved fund balance was
oositive. Finally he said the Manna fund revenues were under budget due to the loss of a major
essee and decrease In the number of shrimp boats. He said new docks were expected to be
completed in December, which should result in increased revenues. Mr. Houlihan then displayed a
number of graphs depicting Enterprise fund revenues and expenditures.
Mr" Houlihan briefly discussed the Internal Service funds, which are budgeted allocations for
services to internal customers. He said the Stores Fund revenue was less than the prior year, but
the fund balance remained healthy. He said Maintenance Services had a challenging year due to
the high cost of fuel and parts, but in spite of this, their Unreserved Fund Balance at year end was
over $500,000. He said the MIS fund was almost $2 million under budget after considering
encumberances. primarily because of the postponement of major lease purchases, contractual
savings, and a disputed bill in the telephone service area. He said the Engineering fund had a very
good year with increased revenues from CIP work and from work performed for internal
departments. He said the Risk Management fund reflected lower than budgeted expenditures for
health insurance, general liability, and workers' compensation. He then displayed a number of
graphs depicting Internal Service fund revenues and expenditures.
M' Houlihan bnefly reviewed the Special Revenue funds, comprised of the Hotel Occupancy
Tax, Reinvestment Zone No 2, Development Services, Visitors Facilities, and Crime Control District
funds. He said the Hotel Occupancy Tax fund had a great year, coming in $9.6 million or 107.71 of
budget He said the Reinvestment Zone No 2 fund also saw a $356.000 increase in revenues over
Minutes- Regular Council Meeting
September 26. 2006- Page 14
FY 2005, due to very favorable appraised values in the Packery Channel area. In the Development
Services fund, he said revenues were strong, about $750,000 more than budgeted and $275,000
more than in FY 2005. Regarding the Visitors Facilities fund, he said the figures from SMG were
estimates only. Finally, he said the Crime Control District revenues were approximately $138,000
more than expenditures after considering encumberances. He then displayed a number of graphs
depicting Special Revenue fund revenues and expenditures.
~ * .~ * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* ~ ~. * * * * '.' * * * * *
Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton,
spoke regarding ADA access at the parking lot on the Packery Channel seawall.
Mr. Allen Herkimer, 715 S. Upper Broadway, spoke regarding the city's negotiations with
TRT on their Coliseum redevelopment proposal.
Mr. Foster Edwards, 118 Alta Plaza, provided an update on the Convention and Visitors
Bureau's new advertising campaign
Mr. Abei Alonzo thanked the City Council and city staff for the favorable condition of the city's
finances
Ms. Tara Hoelscher, 5318 River Oaks Dnve, spoke regarding the Power of Pink breast
cancer awareness event.
~' * ~ * * * * . * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
24. Executive session under Texas Government Code Section 551.071 to receive legal advice
regarding acquisition of real property for new Broadway Wastewater Treatment Plant, with
possible discussion and action related thereto in open session.
25. Executive session under Texas Government Code Sections 551.071 and 551.087 regarding
Earthlink negotiations regarding the City of Corpus Christi Citywide Integrated Wi-Fi
Network, with possible discussion and action related thereto in open session.
26. Executive session under 551.074 of the Texas Government Code for deliberations regarding
the evaluation of the City Manager with possible discussion and action related thereto in
open session
27. Executive session under Texas Government Code Section 551.071 regarding Michael
McCutchon v. City of Corpus Christi, Cause No. 06-5382-C in the 94th Judicial District Court
of Nueces County, Texas, with possible discussion and action related thereto in open
session
The Council went into executive session.
~ * ~ ~ * * * . '~ * * * *
......."
Minutes Regular Council Meeting
September 26, 200E Page 15
Mayor Garrett callec for the City Manager's report. City Manager Noe announced that the
final class of the inaugural Citizens University would take place tomorrow evening between 6:00
p.m. and 8:30 p.m.. Galvan House at Heritage Park. He said the Council had been asked to
participate In a panel discussion at the class. He said the second Citizens University would begin in
October. with three-'\our classes from 6 00 p.m. to 9:00 p.m. on the fourth Wednesday of each
month. He said the deadline to submit applications was quickly approaching. He said 30 citizens
would be selected for the next class. He said individuals could contact the Public Information Office
for more information
City Manager Noe reported that the following items were scheduled for consideration at the
October 10 Council meeting. two zoning cases; quarterly CVB report; appeal by Mr. Mark DiCarlo of
a Cable Communications Commission's decision; and items related to contracting various seNices.
Mayor Garrett asked for a status report on the Animal Control division. City Manager Noe
replied that staff would schedule a report during a Council meeting
Mayor Garrett called for Council concerns and reports. Councilmember Marez stated that he
was excited to finally see national coverage regarding the city's Wi-Fi program, referring to an article
In Sunday's paper bv a Washington D.C. Journalist
Councilmember Kelly reported that the Wood River Homeowners Association had contacted
him regarding construction trucks that were tearing up Guadalupe Street. He asked who the
responsible party was for the repairs. He also reported that a businessman on Leopard Street
called him regarding street lights toward Corn Products Road. He said he would give City Engineer
Escobar the gentleman's contact information. Mr. Kelly also said that he received no complaint calls
regarding flooding in the Douglas subdiviSion during the latest storms. He said it appeared that the
city's efforts to address flooding in those areas were being effective. He said, however, that he did
receive a call about flooding on Crystal Lane, and said he would forward the citizen's contact
information to staff
Finally, Mr. Kelly said he nad received persistent calls regarding houses that were
purportedly under construct!on, but had been so for an extended time with no visible progress. He
said the construction sites were attracting teenagers and others. He had two homes in particular
that he wanted staff to look into. He asked how long mdividuals had to finish a home. City Manager
Noe replied that staff would research the matter. He noted that the building permit was only good
for a certain penod of time, although it was an extended period. If the homes were being entered
mtoillegally, however, he said the owners Gould be made to secure the site. Mr. Kelly noted that he
had previously called about homes on Bakers Street and Big Cypress Bayou Street. He said if this
was a persistent problem, then the city might want to consider reducing the permit period. City
Manager Noe replied that the city would need to balance the public interest with people trying to put
'sweat equity" into their home by gradually building it
Mayor Garrett askec Director of Neighborhood Services Yvonne Haag to look into a problem
with high weeds and unsafe conditions at the old Oak Park School site. He believed that the school
district was looking into the problem but asked staff to follow up on the matter.
There being 'lO further business to come before the Council. Mayor Garrett adjourned the
Council meeting at 1 :58 p.rl on September 26, 2006
~ ~."'II;**,*"":I<.***
,~
2
a. ARTS AND CULTURAL COMMISSION Six (6) vacancies with three-year terms to 9-01-09
representing th,' following categone" 1 lexas A & M University - Corpus Christi, 1 -
Markelmg. 1 Busme,s DevebpmenL I Public Art/Public Space, 1 - Education/Youth and 1 -
Fconom lC I)ev( iupmelt/TourisPl. (Hayoral appointment subject to confirmation by Council)
DU II ES: fl "u:omn end the liSt 1,lcation. lease or purchase of works of art to be considered a
pan 'Jtlhe beautification or cultural development of the City: to advise owners of private property
In L ial10n to b,':lutlfil atior of lht'lf" propertil's: C' prepare specifications for the maintenance of
wor!-,:) of art aT"J t-.' irspen Sl.ch \',i{'k for the guidance of the City departments concerned; to
advhe with rc"pect t- the deSign {\ building. bridges or llther structures on city property if
subl1'ltled 10 tho (',)mllission. to study and evaluate the activities in and the uses made of the
Ba\ 'n'nt :\rt', ,\ S~'lelce I':lrk all plan rhe Park's development for the future activities and
lIse
CO"lPOSITIO~: members appoInted h the Mayor subject to confirmation by the Council
for llml'-Yl'aJ tlTm~ to pro\ d,: ad\Jcl' on beautification and cultural development of the City. The
(OIldl1iSsi"nsh I lepL'sent tIlt follcll.ving categories (2\ marketing representatives; (2) Economic
Devclopml'nt. I; Hlf1Sm repres.:ntal \ l~S: (2 Public Space/Public Art representatives; (2)
Youth Education repn.sentativ,''l: dnd one representative frolT Music, Visual Art, Dance, Drama,
Arc [heture. ,'xci'- \&\1 I nidlslty. D\'l !\lar College. Civic Leader, and a Business
de\ ;opmcnt gl,)UP suh d" thl i\ ! ell ceo HI~pan" Chamber o)f Commerce, etc. The mayor may
sob itsuggesteJ nomllatiol1s k'r 'luch appointments I'rom the respective cultural organizations for
the q(lIl-la; men1bcrs. The C't'l11mi'lsJon ma. organi/e and elect a Chairman annually and adopt
sud! a\lrnirislratlve prucedmes as 31l' necessary to accomplish its purposes.
MEMBERS
Amlando Cam i Punlic An PubliC Space ('hem
Mol]y Merkle (Visual \rt)
****Linda A vila (Texas A& M-CC)
Frank Irimble \:\rchilecture)
Elia GutielTez (CiVIC leader)
*Ed (irove (Marketing)
***Jes'lca Davila-8umett (Busmess Ik\Clopment)
Glona T. Bilayc-Benibo (Danle)
JudIth Prewitt. ~)h.D. (;';ducation/youth)
Lisa Y Godwin (EcoJiomic Dcv. ] ourism)
*DeAnn Gould-lancaster (Public Art Public Space)
Anne Stewart (Del Mar College)
* Lyrda ;\..1. Jones (Fducation/Y outh I
J. Don Luna (Drama)
*Guadalupe Garcla (Ecl mom IC Dev, i lourism)
Dr. James A. Rennier I Music)
Joye LaBarrett (Marketing)
TERM
9-01-08
9-01-07
9-(11-06
9-01-08
9-0 1-07
9-01-06
9-0 1-09
9-01-07
9-IJ I -07
9-01-08
9-01-06
9-0] -08
9-0] -06
9-01-07
9-01-06
9-0] -07
9-01-09
ORIGINAL
APPTD. DATE
10-08-02
5-09-06
2-22-00
10-11-05
2-22-00
8 - 24-04
5-09-06
12-14-04
8-24-04
5-09-06
11-11-03
11-13-01
6-17-03
6-17-03
5-10-0S
12-14-04
5-09-06
*Seeking reappointmen
***Resigned
****Has met the six-vear 11mitation alkmed by ordinance and is ineligible for reappointment
(Note: The .4rts and Cultural Commission is recommending the reappointments of Ed Grove
f,Warketing), DeAnn Gould Lancaster(Public Art/Public Space), Lynda A.J. Jones
(Education/Youth) and Guadalupe Garcia (Economic Development/Tourism). The Commission
is also recommending the new appointments of Dr. Jack Gran (Texas A & M -CC) and David
J;rWarreal (Business Development).
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Ed Grove (Marketing)
DeAnn Gould-Lancaster (Public Art)
Lynda i\.J J\m~s (l:ducation/\ outh)
Guadalupe Gar:!3 (Ec mom!c De\.1
NO. OF MTGS.
THIS TERM
12
12
12
12
NO.
PRESENT
11
9
10
1 ]
% OF ATTENDANCE
LAST TERM YEAR
92%
75%
83%
92%
OTHER INDIVIDUALS EXPRESSING INTEREST
Chnstopher Aebu
Owner. Restaurant Lavender. Attended the California
Culinary A..cademy (Economic Development/Tourism) (4-
28-(5)
Grace Harraza-" ega
\rt Teacher, Gregory Portland Independent School District.
Received B.A. with teacher certification. Activities include:
\IIember of the National Association of Latino Arts and
( ultma! and is a artist in paint and photography. (Visual
1rts or Education/Youth) (1-25-06)
Jack (lron
\rt Department Chair. Texas A & M University - Corpus
{'hristi. Received B.A from The Columbus College of Art
,md D\.'sign and M.A. from Washington University.
\ctivitil's include. Board of Trustees for the Art Museum of
~outhl exas and Board of Directors for the Mid American
i ollege '\11 A..ssociation (Texas A & M - CC) (5-10-06)
('Odd \1ontgorh.T~
)irectOJ University of Incarnate Word. Received B.A. and
\1.S from Texas A & M University ~ Corpus Christi.
\ctiviucs include: Corpus Christi Chamber of Commerce,
Rotary Cluh. and the c.c. Human Resource Management
\ssociatlon (Economic Development/Tourism or Business
Development) (6-15-06)
Roher! I,. \1c( :lI1J
omptruller. Women's Shelter of South Texas.
ii.A from Corpus Christi State University.
nclude lexas Society of CPA's, American
( PA's .1I1d Leadership Corpus Christi Class 29,
Development/Tourism) (6-23-04)
Received
Activities
Institute of
(Economic
'"II!l!IP'
JenT kr L \1(( ldrU1
dllcalwn (oordmator. Art Center of Corpus Christi.
Received H..\. lf1 Psychology and Art Education. Activities
!Iclude. tanh Day/Bay Day, mosaic artist, educator and
deher. (Public Art/Public Space or Visual Arts) (3-03-06)
Syh a ",amame2\)
)wner. \lEDBILL Attending Del Mar College. Activities
nclllde (Jraffiti Wipe Out Coordinator for the Volunteer
! enter ,Ii Coastal BL~nd, President of C.c. Barrios
\S50cl21tI011. Chair of Ans and Cultural Committee for
I'rogres"lve Popul ist Caucus, South Texas Alliance for Peace
HId Jll'tlce. and organizes art activities. (Economic
development/Tourism) (2-02-06)
Richard A Sanche!
Realtor. I ropical Realty. Attended Del Mar College.
'\ctivitits mclude: President of the Texas Jazz Festival,
-\ppraisal Review Board and Founder of the Veterans Band
"I Corpus Christi. (Economic Development/Tourism or
Harkelillg) (3-15-06)
Da\;j \llldrrca
! mancld\dvisor. Waddell & Reed, Inc. Graduate of
! iarvard \ nlversity and the College for Financial Planning.
\ctivitit s include creation of an Ivy League Alumni, former
f'residerl or [l 'J .AC 'r Duth Council No. J, Dana-Farber
anccr Institute. and the LULAC National Education Service
i enter Received the Del Mar College Press Club Journalist
t the Y 'ar .\ \Nard. (Business Development) (9-15-06)
.......
h CITY COUNCIL'S YOUTH ADVISORY COMMITTEE - Nine (9) vacancies with terms to
11-08-09 representing the following categories: 1 District 1, 1- District 2, 1 - District 3, 2 -
DisTrict 4, ;md L At large
DLTIES: To assIst dnd advIse the City Council on city youth issues; conduct surveys and
determine the concem~ and interest of the Yimth of Corpus Christi; encourage youth leadership
and responsibility through vo!unteerism and community involvement; create opportunities for
publ1c discussion of y( luth Issues through meetings, workshops and conferences; look for ways to
promote understandin~. respect and community involvement among youth groups of all cultures
and backgrounds and assist in plannmg. recommending and implementing youth activities.
COMPOSITI()~: "~eventeen (1/) members recommended by the Youth Committee and
appointed by the City 'ouncil. The members shall be composed of students in grades 9 through
12 that are C it) residents wlth representatives as follows: at least two (2) members from each of
the flve (5) Cit) Coune II districts and seven (') members at large. Each member must be enrolled
in a puhlic. private. parochial. or home school, located in one of the following Texas Counties:
'\iucce..,. San P:llricio. Kleberg or '\ransas. Each member's term automatically expires three
momh.:, after hi schl '01 graduatil\n '\n annual meeting will be held in May for the election of
offilers
MEMBERS
Erica Longoria (District I)
****Brian Silva (District 1)
Adan Zamora (District2l
*****Valerie Franco [District 2)
*****Elisha DickersllO (Distflct 3)
\1aranda Roschetcky (District 3)
*****Aesha Rupp (Dlstrict 4 i
** * * *Carley Perkins (District -\.)
Ryan Ashley Chapa (DIstrict':;)
Carolyn 13ethelot (Distflct .:;
Bryan Bode (A t Large)
William Crocker (At Large)
Jordan EJ ben (\ t Large)
*****Cassandra Hardin (At Large I
*****Kristy Rodriguez (At Large)
*****Laura Rodrigua (At Large)
*****Jessica Gomez (At Large)
TERM
I 1-08-07
1 1-08-07
I ] -08-07
I ] -08-07
1 1-08-07
11-08-07
I 1-08-07
11-08-07
11-08-07
1 1-08-07
11-08-07
11-08-07
11-08-07
11-08-07
11-08-07
11-08-07
11-08-07
ORIGINAL
APPTD.DATE
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
12-20-05
*****Ineliglbk - no longer in high school
INDIVIDLALS EXPRESSING INTERESl
DISTRICT 1
JonathaJl F!ack
')cnior. luloso-\i1idway High School. Activities include:
Student Council President. 'Who's Who Among American
f I igh School Students. Business Professional of America
.md church youth group. (6-08-06)
DISTRICT 2
Andrew Vincent 'vl,mt1ya
lunior. \\ B. Ray High School. Activities include: High
Schoo] loothal I and working at Outback Steakhouse. (9-
2S-06)
Comtnev Thras-
lunior. RIchard Kmg High School. Activities include:
\Valk-\ Thon. volunteer at nursing homes and Driscoll
Children's Hospital. Beach Clean up and Student Council.
(f 2-07-(5)
Jamie Lee Villanueva
iunior. W B. Ray High School. Activities include: Band,
Spanish Club. volunteer work at Lamar Elementary and
( 'hristmis carol ing. (9-25-06)
DISTRICT 3
Guu,Ja\upe l'v1 j l:mos
')enior. \Vest Oso High School. Activities include: West
()so Football. Track and volunteer at church. (9-13-06)
Paps' \10rr:5
Senior. West Oso High School. Activities include:
! ellowsh ip of Christian Athletes, President of the Youth
DepartITent. church and Crime Stoppers. (9-13-06)
Wilham T lonorello
Freshman. West Oso High School. Activities include:
West ()co Basketball. Football, College for Kids and Texas
\ & M niversity Program. (9-13-06)
Alfredo Andre\\ Zamcra. III
J un ior. 'vI ary Carrol I High School. Activities include:
football box ing and YMC A swimming. (J 2-01-05)
DISTRICT .t
Jennifer Gordan
Junior. \\'.8. Ray High School. Activities include: Varisty
Soccer. Camp Counselor. First United Methodist Youth
group. and Youth Leadership. (9-25-06)
.....
L,allren I Jet.
Junior, Incarnate Word Academy. Activities include:
Driscoll Children's Hospital Volunteer, Senior Girl Scout,
Kickboxing and St. Patrick's Church Youth Group and
alter server. (12-21-05)
Joseph rrevino
Junior, Richard King High School. Activities include:
King Theatre and tournaments, Boy Scouts, alter server,
;. outh group member and the Texas Association of Future
Fducators (12-07-05)
DISTRICT 5
Brandon Del Nano
Junior. Richard King High School. Activities include:
King Tennis Varsity Team, church youth mission, band
I IL and volunteer at church vacation bible school. (12-06-
OS)
Olivia Michelle Dowling
Senior. Richard King High School. Activities include:
Features Editor for King's student newspaper, Sea Scouts
Sailing fearn, alter server and King High School band.
( 12-06-0j)
Stephanie Harl!en
Junior. Richard King High School. Activities include:
reen Leadership at YWCA, Mt. Olive Lutheran Church
Senior High Youth Group, Chess Club, Math Team and
(rirl Scouts. 02-0j-(5)
Call Ie Hunt
JunioL W.B. Ray High School. Activities include: Clif
Vlaus Village, Vacation Bible School, Acolyte, and Varsity
Soccer fvlanager (9-25-06)
Miles Kane
Sophomore, Richard King High School. Activities include:
'\Iecr Youth Council, '\;ueces County Teen Leadership,
Vlu Alpha Theta Club, and junior varsity tennis. (12-12-
05)
Jose [} Pere7
Senior. Richard King High School. Activities include:
Student Council Class President, Spanish Honors Society,
Spanish Club and Homecoming/Prom Committee. (12-05-
(5)
Sabas "Peter" f\~rel
JunioL Richard King High School. Activities include:
King lennis Booster Club and team, Key Club, The
Nationa! Hispanic Institute and former student council
rnember (/2-07-05)
Tabthd 10\ P..:'f ,
"en ior. Richard King High School. Activities include:
Driscoll Children" s Hospital volunteer, Ronald McDonald
House \ \dunteer, Faith remple Youth Group, and King
H S. Chlllr fl2-06-(5)
Meek! n Ragan
"-t)phOnHrc. Mary Can"o] 1 High School. Activities include:
\ olleyball ream. volunteer for Planned Parenthood.
\tudent\dv isor: Committee. Univision Entravisions.
....elected t.! attend American Gathering of Holocaust
'-.L:rVIVUI" (6-28-06)
Andre\\ A Rile\
lunior. \tar: Carroll High School. Activities include:
ixpress Soccer Club. Carroll Soccer Team, People to
People \\ odd Leadership Forum, alter server. and
\ olunteer for Salvation Army Christmas Toys, Books and
food Di"tribution. (11-30-05)
James Roperl"
I unlOr. R !t:hard Kmg High School. Activities include:
j)m1er . ccretan of Baker Middle School National Junior
f {onor SOCiety. frequent volunteer of church and annual
f 1 [.8 I east of Sharing and member of National Mu Alpha
lheta SOCletV. (/2-08-05)
Harle Cl Vi jarr',lI
"",ophommc. \tary Carroll High School. Activities include:
( ;,)lfL'nnis, Youth group, volunteered in painting a
h(lUse. and distributed food and clothes to homeless. (9-15-
(6)
~.
Ml:SEUM OF SCIE:~CE AND HISTORY ADVISORY COMMITTEE - Five (5) vacancies
with terms to 9-01-08 dnd 9-01-09 representing the following categories: 3 - Regular members, 1-
nommated by Fnend the Museum and 1 nominated by CCISD. (Mayoral appointment with
advice amI consent of Counci/J
DFflES: To consult with the Museum Director on operation of the museum, to act as advisory
to the City Council en matters pertaining tt) the operation. support, and development of the
Corpus Christl Museum.
COMPOSIT]O~: rwelve ( ] 2) members appointed by the Mayor, with advice and consent of
the Council, to be seleded as follows. I nominated by CCISD Board; 3 nominated by Friends of
the Museum; 2 nominated by ~1useul1l Auxiliary: and 6 by the Mayor who shall seek suggestions
from Friends OT' the Museum,v1useum Auxiliary. Museum Advisory Board, and from Board of
fmstees of other Corpus ChrIsti school districts. Ex-officiO members shall include the City
Manager and Superintendent of CC ISO, or their designated representatives. The term of each
advlsorv member shall be three vears
.. .>
MEMBERS
Chery! Gillenwater (Friends of Museum), Chair
Phyllis Howert,m Ridclle (Museum\ux.) -Vice
***Dr. Grady PrIce Bloun
Dr. Alexey Sadovski
*Dr. Robert Hatheril] (f riends of the Museum)
Linda Scott (Museum\uxiliarvl
*Linda Torno (CCISO)
Dr. Sharon Brmver (Fllends of the Museum)
Randall Meredith
* *** Anna Peterson
Bill Richmond
*Dr. Margaret E len Bo Ick
Cit~ Manager
CC ISD Supermlenden
ORIGINAL
APPTD.DA TE
12-14-04
2- 12-02
10-08-02
2-13-0 I
12-20-05
10-12-04
12-20-05
12-14-04
9-20-05
2-13-01
10-12-04
9-23-03
TERM
9-01-08
9-01-07
C)-O 1-08
9-01-07
9-01-06
9-01-07
9-01-06
9-01-07
C)-O 1-08
9-01-06
9-01-07
9-01-06
Ex-officio. nonvoting
Ex-officio. nonvoting
*Seeking reappointmenT
***Reslgned
****Has exceeded the number of absences allowed by ordinance
(Note: Thel1useum of Science and History Advisory Committee is recommending the
reappointments of Robert Hatherill (Friends of the "~useum), Linda Torno (CCISD), Dr.
llfargaret Bolick (Regular). The Committee is also recommending the new appointments to
Nelida Ortiz and Dr. lohnda Halcomb as Regular members.)
"'l!lI!Pj'" ",..,.".
ATTEN[)A~CE RECORD OF MEMBER SEEKING REAPPOINTMENT
.:;
% OF ATTENDANCE
LAST TERM YEAR
71 0/0
7l~'0
67%
NA,vIE
Dr. Rohert Hath~Til (F'lendsl
L1O(121 Tomu (Cl ISD\
Dr. \1argard Be,! ick
1'0. OF MTGS.
THIS TERM
7 (2 eXl
7 (.2 e\l
) 1.4 e\l
~O.
PRESENT
.:;
8
OTHER I:\iDIVIDUALS EXPRESSING INTEREST
Dr. ( lifton P. Baldviin
Founder and Director. Corpus Christi Chaplain Services.
Received Bachelor of Journalism for the University of
I exas at /\ustin, ~laster' s in Psychology for University of
'\orth T~xas and Doctorate of Divinity and Theological
")tudies from Texas Christian State University. Received
the Distmguished Service Award from the President's
omm ittee on the Employment of the Handicapped and the
'\ ational Service A ward from the National Organization of
DIsabilitv (7-19-06)
MOtl v f3oatrigh1
~elf-employed. ReceIved Master's in Automotive
! ngineering. Activities include: Mechanical! Plumbing
\ dvisor: Board, Leadership Corpus Christi, Corpus Christi
i xecutiH' Association. U-13-06)
Jam e )uft
; .()vemment Intern. CorpusBeat Magazine. Received B.A.
!l Engl sh at Texas A & M University and currently
pursuinf' \1 A from Texas A & M University-. Corpus
hristl. Activities include: Corpus Christi Focus and
hurch \ If the Good Shepherd Bell Choir. (1-06-06)
Dr. arissa F \fI
! ish an:1 Wildlife Biologist USFWS - Department of
Interior Received B.S. in Marine Biology, M.S. in
\1 icrohiololrv, \1.S. in Public Administration and Ph.D. in
~.~
\ cterinar: \vlicroblolog:. Activities include: Disability
I mplOYllll~nt Coordinator for Region 2 and Earth Day Bay
Jay Commlltee. t2-/7-(6)
Dr. londa HalC()rnb
( hair 01 '\atural Sciences, Del Mar College. Received B.S.
!1 Biology from Loma Linda University, M.S. in Biology
lrom Te\dS A & M Uni\ersity- Corpus Christi, and Ph.D.
:n Entoll1ology Biology from Texas A & M University -
College StatIon Activities include: Entomological Society
Anlc.Tlca. '\;atlonal Science Teachers Association,
\ationa Biology Teachers Association and Partners in
I ducati(.n (9-07-06)
Charle" J. ! .e(~
\ssistanl PrincipaL Corpus Christi Independent School
District Central Park. Received B.S. in Intermediate
"-tudies :md M.S. in Education Administration from Texas
\ & M University- Corpus Christi. Activities include:
Parent Teacher Organization, A TPE and CCPSA.
Received the Teacher of the Year nomination. (4-17-06)
\el da ' (1ft /
Received B. /\. from Texas A & M University - Corpus
hristi c\ctivitles include: Columbus Fleet Association,
Westsidc Business Association - Board member and
recording secretary. C.C Chamber of Commerce, Hispanic
'hamber. and Salvation Army. (4-04-06)
David \illarrea
financial Advisor. Waddell & Reed, Inc. Graduate of
Harvard University and the College for Financial Planning.
.\ctivitics include creation of an Ivy League Alumni,
former President of LULAC Youth Council No.1, Dana-
Farber Cancer Institute, and the LULAC National
Education Service Center. Received the Del Mar College
Press Club Journalist of the Year Award. (9-15-06)
.......,
3
~.''';''-
AGENDA MEMORANDUM
DATE: October 10, 2006
SUBJECT: ACCEPTING AND APPROPRIATING A $15,656 GRANT FROM THE
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
AGENDA ITEMS:
a) Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $15,656 and to execute a contract and all related documents with the
Texas State Library and Archives Commission for the Lone Star Libraries Grant
to he used for the preservation and cataloging of local history materials.
b) Ordinance appropriating a grant of $15,656 from the Texas State Library and
Archives Commission in the No.1 068 Library Grants Fund for preservation and
cataloging of local history materials; and declaring an emergency.
ISSUE: [he state has made available $15,656 to the library as part of its Lone Star Libraries
Grant program. The library will use these funds to preserve and catalog valuable local history
materials collected over the past several decades The library owns over 50,000 individual items
of historical slgnifi.cance. including family papers, documents, maps, photographs, newspapers,
and other ephemera. About half of the 50,000 items has been added to a database which will be
accesslble via the ibrary's website next year.
These Lone Star Grant funds will be used to hire part-time temporary employees, mainly
students at Texas A&M Universitv-Corpus Christi.
The Corpus Christi Public Library Foundation, Inc. has contributed $23,650 to the library for the
purchase of a server and computer software to create a digital library of local history materials.
The program will be accessible through the library's web site and will identify the archival
holdings of the library 11 many cases images will be scanned in
REQlfIRED COUNCIl ACTION: :\ppropriation of funds require City Council approval.
RECOMMENDA TION' Staff recommends acceptance of grant and appropriation of funds.
-li~~./-.
Herb Canales
Director of Libraries
~
~~-...;.:.,~.".,-;,.
_~~.z-:"~ - - --, "-~ '----,"-,,------- -- .
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT IN THE AMOUNT OF $15,656 AND TO EXECUTE A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LONE
STAR LIBRARIES GRANT TO BE USED FOR THE PRESERVATION
AND CATALOGING OF LOCAL HISTORY MATERIALS.
BI IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SICTION 1. The City Manager, or his designee, is authorized to accept a grant in the
amount of $15,656 and to execute a contract and all related documents with the Texas
State Library and Archives Commission for the Lone Star Libraries grant to be used for
the preservation and cataloging of local history materials.
ATTEST:
CITY OF CORPUS CHRISTI
Amlando Chapa
Assistant Secretary
Henry Garrett
Mayor. City of Corpus Christi
APPROVED AS TO FORM: October 3, 2006.
l~~~~
Alsistant City Attorney
For City Attorney
-
~"..._~~..
Corpus Christi, Texas
of
,2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
RexA. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
~.'....."~;;"
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_.___~_______..__~._._._ ~."_. ....__._,' ...._______._... ,.....~_.ccO,.......~._ ~-." ._._ ______---....-,....__.._____~_.___.__..."
AN ORDINANCE
APPROPRIATING $15,656 FROM THE TEXAS STATE LIBRARY AND
ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO.
1068 FOR PRESERVATION AND CATALOGING OF LOCAL HISTORY
MATERIALS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $15,656 from the Texas State Library and Archives Commission is
appropriated into the Library Grants Fund No.1 068 for the Lone Star Libraries grant to
be used for the preservation and cataloging of local history materials.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 10th day of October, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
AIIPROVED AT TO FORM: October 3,2006
~
\^ltndy E. en
A.istant 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: Ilwe, 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,
Respectfu lIy,
Henry Garrett
Mayor
CoUftcil Members
The above ordinance was passed by the following vote:
Henry Garrett ,---
Brent Chesney _.-
John E. Marez -------
Melody Cooper ------
Jerry Garcia ~-'--'._-
Bill Kelly --.---
Rex A. Kinnison --
Jeste Noyola
Mafk Scott --
4
-"-
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
A. Res~n authorizing City Manager, or designee, to execute a $15,000 Solid Waste Grant Interlocal Agreement
with the Coastal Bend Council of Governments for recycling and anti-litter education, with a City match of $10,000, and
a total pr1lject cost of $25,000.
B. Ordi,.nce appropriating $15,000 from the Coastal Bend Council of Governments, in the NO.1051 Solid Waste
Grants Fund for recycling and anti-litter education, with a City match of $10,000 in the No. 1020 General Fund, Org.
12500. and a total project cost of $25,000, and declaring an emergency.
October 10,2006
ISSUE: Approval of one solid waste grant from the Coastal Bend Council of Governments, and appropriation of the
grant fu"'.
Backgl'<*l1d: The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the
Coastal IItnd Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible
local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for
the CBCOG region. In 2002-2003 Sofid Waste received a total of $125,000 for the following: $45,000 for Household
Hazardo. Waste Disposal costs, $55.000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program,
$10,000 ftr a Household Hazardous Waste Media/Outreach Program, and $5,000 to publiCize and increase
participatiDn in Stop Trashing Corpus Christi Community clean-up events
In 2003-2G04 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement
and $10,(1)() for Litter and Illegal Dumping Cleanup program
In 2004-Q1 Solid Waste received a total of $38,619 for the following: $26,619.00 for Solid Waste Local Enforcement,
$2,000 for Education and Training, and $10,000 for Litter and Illegal Dumping Cleanup programs.
In FY 2001-2006 Solid Waste received a total of $44,880 for the following: $10,000 to develop a community outreach
campaign for the City's anti-litter ordinance, $10,380 for the third year of funding for an Assistant Compliance Officer,
$4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative Program, and $20,000 to
purchaseftew collection units for used-oil and HHW storage modules for the new Citizens Collection Station at the J.C.
Elliott Landfill.
In FY 2008-2007 grant funding in the amount of $237,524 is available through the CBCOG grant application process
for solid ..te projects. All requested grant funding supports specific goals and objectives of the CBCOG Regional
Solid W_ Management Plan. Solid Waste applied for a total of $85,000 in grant funds for the following projects:
$15,000" recycling and anti-litter education, $25,000 for approximately 45 Solid Waste Collection Vehicle Signs to
promote MCyCling and anti-litter messages, and $45,000 for Household Hazardous Waste Disposal. Of the $85,000
applied for, a total of $15,000 was awarded to the City of Corpus Christi, Solid Waste Services.
FUTURICOUNCIL ACTION: None until next year's Grant Process begins.
RECO-':NDA TION: Approval of the Resolutions and Ordinances as submitted.
~
" ~4Z
, y .K~
I Director of Streets & Solid Waste Services
-l!Il!fIIIliI'
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A
$15,000 SOLID WASTE GRANT INTERLOCAL AGREEMENT WITH
THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR
RECYCLING AND ANTI-LITTER EDUCATION, WITH A CITY MATCH
OF $10,000, AND A TOTAL PROJECT COST OF $25,000.
IE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a $15,000 Solid
Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments for
recycling and anti-litter education, with a City match of $10,000, and a total project cost
of $25,000.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
CIty Secretary
APPROVED 20 September 2006
Obyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
F6r City Attorney
C IOOCUME-l lusef\LOCALS-1 \ T emp\06. 0920DC ,SolidWa.stegran.1150001 nterloc.aIAgmtC.oastaIB.endCoun.ciIGovt. Recycl.AntlLitterEduc. Res.doc
...
Page 2 of 2
Corpus Christi, Texas
_ day of , 2006
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C\DOCUME-1 \usee\lOCALS-1 \ T empl06. 0920DC .SolidWa.stegran. t150001 nterloc.alAgmtC oastalB.endCoun .cilGovt. Recycl.Antllit. terEduc. Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING A $15,000 GRANT FROM THE COASTAL BEND
COUNCIL OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE
GRANTS FUND FOR RECYCLING AND ANTI-LITTER EDUCATION,
WITH A CITY MATCH OF $10,000, IN THE NO. 1020 GENERAL FUND,
ORG. 12500, AND A TOTAL PROJECT COST OF $25,000, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SecTiON 1. A $15,000.00 grant from the Coastal Bend Council of Governments is
appropriated in the NO.1 051 Solid Waste grants fund for Recycling and Anti-Litter
Education, with a City match of $10,000 in the No. 1020 General Fund, Org. 12500, and
a total project cost of $25,000.
SecTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved 3 October 2006
~~
Doyle D. Curtis
Caief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\lEG-DIRIOlgaRl>oy\e\Ordinance\06. 1 003DC.Apro$15K.COG.SWaste. RecyAntLUtr.Ord. doc
~
Page 2 of 2
Corpus Christi, Texas
day of
,2006.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth In the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
votiFlg upon ordinances at two regular meetings. IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at tAe present meeting of the City Council.
Reepectfully,
Respectfully,
Henry Garrett, Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
HaRry Garrett
Brent Chesney
Mek:>dy Cooper
Jeny Garcia
W.am Kelly
RaK A. Kinnison
Jol1n E. Marez
Jesse Noyola
Mark Scott
H:ILEG-DIRIOlgaR\Dtyle\Ordinance\06. 1 003DC.Apro$ 1 5K. COG. SWaste. RecyAntLLitr. Ord . doc
5
AGENDA MEMORANDUM
MiENDA ITEM:
An ordinance appropriating $202,290 from the estimated program income revenue in the
Ne. 1066 Health Grants Fund as State Fiscal Year 2006-2007 program income to fund
laIK>ratory and nursing services for the period of September 1, 2006 through August 31 ,
2007; and declaring an emergency.
ISUE: The Health Department receives funding from the Department of State Health
Services (DSHS) for various public health services. As a result of this support, fees that
are charged must be prorated to determine the percentage of revenues that were
generated using State/Federal funds. The State/Federal supported revenues are deemed
Program Income (PI). PI earned during the State fiscal year (September 1 - August 31)
must be spent during that year or returned to the State. PI earned is to be used to
supplement local funds for public health services. Staff reviews actual earnings and
projected earnings to recommend an annual appropriation to cover expenditures.
ExPef'ditures have included clerical positions in Laboratory & Nursing, laboratory and
nursing supplies, communications equipment, and staff training. Planned expenditures for
FY 2006-2007 includes supplies, minor equipment, contractual services, training, and
computer equipment for the laboratory, and nursing programs.
REQUIRED COUNCIL ACTION: Authorize an appropriation of $202,290 for FY 2006-
2007 Program Income.
PIlEVIOUS COUNCIL ACTION: Council approved funding FY05-06.
FWNDING: There are no match funds required.
OONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved
to provide a continuation of public health services to our community.
-
BACKGROUND INFORMATION
The Health District receives funding from the Texas Department of State Health Services
(D6HS) to provide various public health services. The DSHS requires that revenues
colected must be prorated to determine the percentage of revenues that were generated
using StatelFederal funds. The State/Federal supported revenues are deemed Program
Income (PI). PI earned during the state fiscal year (September 1 - August 31) must be
spent during that year or returned to the State. PI earned is to be used to supplement local
funds for public health services
Program income generated by the Sexually Transmitted Disease (STD) clinic is used for
medical supplies, office supplies, equipment, and to purchase medicines that are not
provided by the state.
pregram Income for the Laboratory at the Health District supports the purchase of
supplies and equipment used for testing.
T.ting of bottled drinking water produced by companies in the Coastal Bend area
SefYes hundreds of thousands of individuals who purchase and drink the water
preduced. Our testing certifies to the public and government agencies that the product
is safe to drink and free from pathogens.
T 86ting of wells for the safety of drinking water serves thousands of individuals in 23
counties in South Texas and the Coastal Bend assuring that water is safe for human
and livestock consumption.
Hundreds of flood victims are served each year by the testing of their drinking water
wells following episodes of flooding which can occur in the same 23 counties. Results of
the laboratory testing can assure that it is safe to resume use of the water for humans
and livestock. In cases where the water is unsafe, the laboratory provides information
and literature to help individuals "shock" their wells with chlorine or other chemicals in
o"'er to bring water levels back to a safe level for drinking.
The testing of municipal beach waters for the presence of potential pathogens in the
recreational swimming water serves the resident population of the Coastal Bend plus all
the winter immigrants and tourists who visit for vacation or conferences in the
metropolitan area. Our laboratory provides the data to certify that the beach water is
clean and safe for human recreation.. . swimming, windsurfing, parasailing, wade fishing,
etc.
The laboratory tests soft-freeze products that are dispensed from ice-cream machines
in.rea restaurants, which helps maintain the health and well being of all the customers
elling in those establishments. Our laboratory provides the data to certify that those
r.taurants are serving a soft "ice cream" that is safe for human consumption.
"-..p
AN ORDINANCE
APPROPRIATING $202,290 FROM THE ESTIMATED PROGRAM
INCOME REVENUE IN THE NO. 1 066 HEALTH GRANTS FUND AS
STATE FISCAL YEAR 2006-2007 PROGRAM INCOME TO FUND
LABORATORY AND NURSING SERVICES FROM SEPTEMBER 1,
2006, THROUGH AUGUST 31, 2007; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Estimated program income revenue, in the amount of $202,290, is
a,propriated in the No. 1066 Health Grants Fund as State fiscal year 2006-2007
program income to fund laboratory and nursing services from September 1, 2006,
through August 31, 2007.
SECTION 2. Upon the 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 on this the day of
,2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Almando Chapa
City Secretary
APPROVED: September 18, 2006
th R. Hundle
AtS tant City Attorney
for the City Attorney
EHord199 doc
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 emer-
geftcy exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: IIwe, 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,
Respectfu lIy,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
BiI Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
~rk Scott
6
~,--'-
AGENDA MEMORANDUM
City Council Action Date: October 10. 2006
AClENDA ITEM:
An ordinance appropriating additional grant funding for FY05-06 from the Department of
State Health Services in the amount of $153,800 in the No. 1066 Health Grants Fund
for personnel. supplies and equipment for the Women, Infants, and Children program;
ancl declaring an emergency
IsaUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health
Services (DSHS), provides funding for supplemental food vouchers, and nutrition education
at no cost to low income pregnant and postpartum women, infants, and children (WIC).
Services are performed In accordance with the policies and regulations of the DSHS and
the United States Department of Agriculture (USDA).
REQUIRED COUNCIL ACTION: Accept and appropriate additional funding.
PREVIOUS COUNCIL ACTION: Council approved funding FY05-06 on October 18, 2005.
FUNDING: No match funding required.
CClNCLUSION AND RECOMMENDATION: Recommend City Council to approve and
appropriate funding for WIC services.
//'.-~. 2
/ I _#._~_
/' / /'
I /. ~,
; -(:~ '" c~ A/'ff
'--roepartment Head Sign t r~)
BACKGROUND INFORMATION
The special supplemental nutrition program for women, infants, and children (WIG) is a
health and nutrition program that is successful in improving the diets of infants, children,
and pregnant, postpartum, and breastfeeding women. The main goal ofthe WIG Program
is to educate mothers about proper nutrition for their babies and young children. Eligibility
for the program is determined by income and/or nutrition-related risks. This item
appropriates additional funds for personnel, supplies and equipment needed by the WIG
Program. The WIG Program serves an average of 5,000 WIG clients per month.
-
AN ORDINANCE
APPROPRIATING ADDITIONAL GRANT FUNDING FOR FYOS-06
FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE
AMOUNT OF $153,800 IN THE NO. 1066 HEALTH GRANTS FUND
FOR PERSONNEL, SUPPLIES, AND EQUIPMENT FOR THE
WOMEN, INFANTS, AND CHILDREN PROGRAM; AND DECLARING
AN EMERGENCY.
BlIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TIXAS, THAT:
SICTION 1. Additional grant funds from the Texas Department of State Health
Services in the amount of $153.800 are appropriated in the No.1 066 Health Grants
Fund for personnel, supplies, and equipment for the Women, Infants, and Children
Program for FY2005 - 2006
SICTION 2. Upon the written request of the Mayor or five Council members, copy
atlached, 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 on this the day of
,2006
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Al'PROVED: September 18, 2006
EHord200doc
-
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 emer-
gency 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.
Respectfu lIy I
Respectfu lIy,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
7
T
AGENDA MEMORANDUM
City Council Action Date: October 10,2006
~CT: New Southside Library (Project No. 4321)
BOND ISSUE 2004
~
a. Ordinance Approving an Advance of $292,524.00 from the Street 2005 Capital
Improvement Program Fund No. 3541 to and Appropriating in the Library 2006
Capital Improvement Program Fund No. 3225 for the Southside Library Project;
Amending the FY 2006-2007 Capital Budget Adopted by Ordinance No. 026997
by increasing Appropriations by $292,524.00; and Declaring an Emergency.
b. Motion authorizing the City Manager or his designee to execute Amendment No.1 to
the Contract for Professional Services with WKMC Architects Inc. of Corpus Christi,
Texas, in the amount of $292,524 for a total restated fee of $307,524 for the New
Southside Library (BOND ISSUE 2004).
~ The city-wide November 2004 Bond Election authorized constructing a new library
WiilaPproximately 12,000 gross square feet with 90 new parking spaces, landscaping,
irritation, furniture and equipment. The programmed construction budget is $2,500,000.00.
The proposed Southside Library is to be a new free-standing public library building
constructed on Corpus Christi Independent School District property immediately adjacent
to Kaffie Middle School The location allows the new library to serve as both a public
br...ch library and as a learning resources center for the school. The proposed
Amendment No.1 will complete the design phase and requires City Council approval.
BIID1NG: Funds for this project are available in the Fiscal Year 2006-07 Capital
Imttrovement Budget.
~OMMENDATION: Staff recommends approval of the motion as presented.
i!...d- ~-
HeIb Canales
Director of Libraries
f()1
SUonal SUDDort Material:
E ". it IIAn Background Information
ExNbit "8" Contract Summary
Extlbit "C" Location Map
H:\H~NS\GEN\LI8RARY\South8ide\AgenlSll Memo doc
..,......
BACKGROUND INFORMATION
.lUBJECT: New Souths ide Library (Project No. 4321) - AMENDMENT NO.1
BOND ISSUE 2004 PROJECT
flflOJECT DESCRIPTION: The city-wide November 2004 Bond Election authorized
constructing a new library with approximately 12,000 gross square feet with 90 new parking
Sfl>aces, landscaping, irrigation, furniture and equipment. The programmed construction
budget is $2,500,000.00.
The proposed Souths ide Library is to be a new free-standing public library building
constructed on Corpus Christi Independent School District property immediately adjacent
to Kaffie Middle School. The location allows the new library to serve as both a public
branch library and as a learning resources center for the school. An interlocal agreement
between the City and CCISD (approved by Council on May 30, 2006) provides the basis for
joint cost sharing: CCISD will pay a portion of utilities for the full calendar year based on
the space it "primarily" uses for school library operations; the City will pay the District for
mowing and other landscaping services as needed. The District and the City will jointly staff
the library and. during the school year, District staff will work evenings and Sundays to
serve the general public. This arrangement is similar to the one in operation at the Janet F.
Harte Public Library in Flour Bluff.
ctNTRACT TERMS: A Contract Summary is attached as Exhibit "B."
etOJECT BACKGROUND: On Tuesday, November 2,2004, the City of Corpus Christi
htjld an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2004. The November 2, 2004 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth. and protect the City's investment in its infrastructure.
fltOR COUNCIL ACTION:
1. November 2. 2004 - Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects. (Resolution No. 026015)
2. November 9. 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi. (Ordinance No. 026022)
3. Mav 30, 2006 - Resolution authorizing the City Manager or his designee to execute an
Interlocal Agreement with the Corpus Christi Independent School District to locate and
',\HOMEIRllChalleIGEN\Pubhc "aC1hhes\4321-S1ulhslde librar y\Amo Nc . \Agenda BaCKground doc
jointly operate a branch library on district property next to the Kaffie Middle School.
(Resolution No. 026807)
4. Seotember 19. 2006 - Ordinance approving the FY 2007 Capital Budget in the amount
of 146,994,500 (Ordinance No. 026997)
eJIIOR ADMINISTRATIVE ACTION:
1. Auaust 26. 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25. 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
3. Aoril13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4. March 7. 2006 - Administrative approval of the ratification of a small AlE agreement for
Architect/Engineer Consultant Services to Chuck Anastos Associates Inc. in the amount
of $11 ,250 for the New Southside Library project (site selection).
5. Julv 27.2006 - Administrative approval of a small AlE agreement for ArchitectlEngineer
Consultant Services to WKMC Architects Inc. in the amount of $15,000 for pre-design
phase of the New Southside Library project.
'-iIHOfIlEIRlICheJleIGEN\Public Facilit.esI4321-Soulhside LtOrarylAmd No 1IAgenda Background doc
~
CONTRACT SUMMARY
1 SCOPE OF PROJECT New Southside Library (Project No. 4321)
-
The city-wide November 2004 Bond Election authorized constructing a new library with
approximately 12,000 gross square feet with 90 new parking spaces, landscaping,
irrigation, furniture and equipment. The programmed construction budget is $2,500,000.00.
The proposed Southside Library is to be a new free-standing public library building
cOftStructed on Corpus Christi Independent School District property immediately adjacent
to Kaffie Middle School The location allows the new library to serve as both a public
branch library and _as~earning resources center for the school.
2 SCOPE OF SERVICES
The AlE hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, AlE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
to complete the project.
3. SCHEDULE
DAY DATE ACTIVITY
Wednesday July 10, 2006 Begin Programming/Pre-Design
Wednesday October 12, 2006 Begin Preliminary Phase
Friday November 27, 2006 Begin Design Phase
Thursday January 04, 2007 I nterim Review Meeting
Wednesday February 28, 2007 Pre-Final Submittal
Friday March 23,2007 City Review
Monday April 23, 2007 Final Submittal
Monday (2) May 2007 Advertise for Bids
TuelWedlThu May 2007 Pre-Bid Conference
Wednesday May 2007 Receive Bids
Monday June 2007 Begin Construction
Weekday May 2008 Construction Completion
H\HOIIE\RCJelle\GEN\PubliC Faciillies\4321-Soulhside L,brarvlAmd No 1IContract Summary doc
,....
4. FEES
ORIGINAL
CONTRACT AMD. NO.1 TOTAL
~C SERVICES
Preliminary Phase $15,000.00 $46,788.00 $61,788.00
2 Design Phase 0.00 113,533.00 113,533.00
3 Bid Phase 0.00 11,353.00 11,353.00
.. Construction Phase 0.00 43,050.00 43,050.00
S.total Basic Services 15,000.00 214,724.00 229,724.00
AI IPITIONAL SERVICES (Authorized)
Permittino (TDLRISWPPPlWindstorm) 0.00 3,200.00 3,200.00
To hie Survey 0.00 4,950.00 4,950.00
Environmental Issues (TBD) 0.00 0.00 0.00
4 Construction Observation Services 0.00 25,000.00 25,000.00
Warranty Phase 0.00 1,250.00 1,250.00
~ As-Builts 0.00 5,000.00 5,000.00
Security/Specialties Access Control 0.00 3,000.00 3,000.00
Furniture Desion & Documents 0.00 24,000.00 24,000.00
Supplemental Engineering 0.00 9,000.00 9,000.00
U Public Art Design 0.00 2,400.00 2,400.00
S, ~total Additional Services 0.00 77,800.00 77,800.00
I
TCIT'AL AUTHORIZED FEE $15,000.00 $292,524.00 $307,524.00
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CITY PItOJECT No. 4321
NEW SOUTHSIDE LIBRARY
CITY COUNCIL EXHIBn"
CITY OF CORPUS CHRISTI, TeXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 09-19-2006
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EXHIBIT .C.
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ORDINANCE
APPROVING AN ADVANCE OF $292,524.00 FROM THE STREET 2005
CAPITAL IMPROVEMENT PROGRAM FUND NO. 3541 TO AND
APPROPRIATING IN THE LIBRARY 2006 CAPITAL IMPROVEMENT
PROGRAM FUND NO. 3225 FOR THE SOUTHS I DE LIBRARY
PROJECT; AMENDING THE FY 2006-2007 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 026997 BY INCREASING
APPROPRIATIONS BY $292,524.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That an advance of $292,524.00 from the Street 2005 Capital
Improvement Program Fund No. 3541 to and appropriated in the Library 2005 Capital
Improvement Fund No. 3225 for the Southside Library Project is approved.
SECTION 2. That the FY 2006-2007 Capital Budget adopted by Ordinance No. 026997
is amended by increasing appropriations by $292,524.00.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 10th day of October, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED 4-0ct-06_ / ,
jPA~ ()~
veronica Ocanas
A8sistant City Attorney
for City Attorney
VOO6.101006.EngAppORD.sslib
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2
Corpus Christi, Texas
___ day of
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Cotpus Christi, Texas
F or 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: IIwe, 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.
Respectfu lIy,
Respectfully I
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bitl Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
...
8
AGENDA MEMORANDUM
October 10,2006
SUBJECT: Rincon Bayou Diversion (Projects No. 8443)
Award of Contracts for Monitoring Services
AGENDA ITEM:
a. Motion authorizing the City Manager, or his designee, to execute a contract with the
Center for Coastal Studies, Texas A&M University - Corpus Christi not to exceed
$149,940.68 for Ammonia and Biological Monitoring associated with the Rincon Bayou
Diversion Project 2006-2007.
b. Motion authorizing the City Manager, or his designee, to execute a contract with the
Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed
$114,844.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon
Bayou Diversion Project 2006-2007.
c. Motion authorizing the City Manager, or his designee, to execute a contract with the
Harte Research Institute, Texas A&M University- Corpus Christi not to exceed
$58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion
Project 2006-2007
d. Motion authorizing the City Manager, or his designee, to execute a contract with the
University of Texas Marine Sciences Institute, in an amount notto exceed $207,764.00
for biological monitoring services associated with the Rincon Bayou Diversion Project
2006-2007.
ISSUE: The Texas Commission for Environmental Quality (TCEQ) requires biological
I1lC)nitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring
wilt result in the data necessary to determine the project impact on primary production,
phytoplankton biomass, species abundance and diversity and emergent marsh vegetation
in the project area and nearby marshlands.
FYNDING: Funds for these contracts are available in the Environmental Studies activities
of t.he Water Department's FY2006-07 adopted Operating Budget.
MNiE
Approval of the motion as presented.
a, P.E.
Director of Water Services
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/;(1)> .c. _.~ /~~"
g I R. Escobar, P. E.
Director of Engineering Services
Att ments
Exh it A:
Exhltit B
Ex/1il)it c:
Exhllit 0:
Additional Information
Prior Council Action
Summaries of Contracts
Location Map
Plge 1 of 1
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ADDITIONAL INFORMATION
SUBJECT: Rincon Bayou Diversion (Projects No. 8379 & 8416)
Award of Contract for Biological Monitoring Services
PIIIOR COUNCIL ACTION: See Exhibit B.
FUTURE COUNCIL ACTIONS: It is anticipated that Council will be requested to approve
amendments to address monitoring for one additional year. Alan Plummer and Associates
hat worked with TCEQ to ensure the contracts address the scientific and permitting issues
astociated with the Rincon Diversion and the Allison WWTP Diversion projects.
The City has worked closely with the Texas Commission for Environmental Quality (TCEQ)
to develop a unified monitoring work program for the Rincon Diversion Project. The
frectuency and amount of future amendments will be based on the requirements of the
Rincon Monitoring, and the level of monitoring required by Allison project, as determined by
an annual assessment.
The City may elect to cease monitoring at any time which is permitted by termination
clauses in these contracts.
PROJECT OVERVIEW:
Backaround: The City's overall strategy for long-term water supply includes the
optimization of the existing freshwater resources in the Nueces River Basin. The
current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system
includes requirements to provide freshwater inflow to the Nueces Estuary that
diminish the dependable water supply for the region. The City completed a two-
phased planning study that recommended the potential beneficial re-use of
wastewater effluents as a means of enhancing the productivity of the Nueces
Estuary that may alleviate part of the need to provide fresh water from the reservoir
system
Monitorina: The biological and chemical evaluations being conducted will
document the effects of the wastewater effluent and freshwater diversions to the
Rincon Delta and Nueces Bay. The TCEQ requires that the effects of the discharge
of the Project be monitored for productivity by measuring changes in biomass and
growth rates of plant and animal communities in the Project area and nearby
wetlands.
CONSULTANTS INFORMATION:
The Center for Coastal Studies (CCS) has conducted similar on-going monitoring in the
Project area for the City or other agencies, such as the Corpus Christi Port Authority. As a
I EXHIBIT A I
Page 1 of 2
H.\HOME\KEVINS\GEN\W A TER\RI NCON\2006-2007\.AWDBKGExhlbitAdoc
r~ult, CCS is singularly qualified to continue to provide monitoring Rincon Bayou Diversion
Project for the duration of the Project in accordance with the parameters established by the
City and the TCEQ. Their monitoring will include monitoring associated with the Allison
Diversion Project
The Division of Nearshore Research (DNR) has been developed to address research
relBted to coastal water resources. They were formally part of the Conrad Blucher Institute.
The principal investigator that conducted salinity and freshwater inflow monitoring for the
City during prior monitoring periods will do the monitoring during 2006-2007.
The Harte Research Institute will undertake benthic sampling and collection of
phytoplankton, water nutrients, salinity and temperature and compare biomass,
abundance, density, diversity and species distribution for relevant changes in water quality
and sediment grain size. Harte Research Institute hired the principal that previously
conducted this portion of the monitoring program at UTMSI.
UlMSI will continue to monitor phytoplankton biomass, biochemistry, water physical and
chemical characteristics, species composition and changes in type of vegetative
communities. These components of the work program will continue to be conducted by
principals that have previously conducted this monitoring.
H:\HOME\KEVINS\GEN\W A TER\R INCON\2006-2007\A WDBKGExh ibitAdoc
I EXHIBIT A I
Page 2 of 2
PRIOR COUNCIL ACTIONS
1. April. 1991 and Apn11992. Approval of participation with the Port Authority, Corpus
Christi Board of Trade, and the Texas Water Development Board (including partial
funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in
April, 1991 ($25,000 of $150,000) and Phase" in April, 1992 ($79,000 of
$258.000).
2. January. 1994. Approval of the Capital Improvement Program which included an
Effluent Return Flows Pilot Project to evaluate the potential for meeting the
requirement for water releases into the Bay Estuaries using wastewater diversion in
lieu of freshwater releases.
3. March 1. 1994. Award of a contract in the amount of $117,500 to the joint venture
of Urban Engineering and Govind & Associates for engineering services associated
with the construction of an Effluent Diversion Demonstration Project (M94-051).
4. September 26. 1995. Acceptance of an easement for a 28.109 acre effluent
diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary
construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion
Demonstration Project in return for the construction of a 2.5 inch water pipeline
valued at $48.500 for livestock watering purposes (M95-284).
5. October 15. 1996. Award of a contract in the amount of $18,850 to the Conrad
Blucher Institute and the Center for Coastal Studies at Texas A&M University-
Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332)
6. November 19. 1996 Award of a contract for consulting services with the Marine
Sciences Institute of the University of Texas at Austin for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production in
the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348).
7. Aoril8. 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John
S. McGregor for access over a 20-foot wide road for the purpose of constructing and
operating a dispersal facility (M97-73).
8. Aoril8. 1998. Award of contract in the amount of $825,621 with West Oaks
Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent
Diversion Demonstration Project
9. November 24. 1998. Award of contracts for consulting services:
a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon
Delta and Nueces Bay (M98-398);
I Exhibit B I
Page 1 of 4
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b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and
c. In the amount of $84,500 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M98-400).
10. September 28. 1999. Award of Amendment NO.1 for consulting services:
a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the
Rincon Delta and Nueces Bay (M99-337);
b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and
c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M99-339)
11. October 10. 2000.
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Center for Coastal Studies in the
amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the RIncon Delta and Nueces Bay (M2000-360).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $86,286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces
Bay (M2000-361).
c Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the University of Texas Marine Sciences
Institute in the amount of $110,953 for Biological Monitoring of the Effects of
Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon
Delta and Nueces Bay (M2000-362).
12. Motion authorizing the City Manager, or his designee, to execute a contract for
consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the
amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas
Natural Resource Conservation Commission discharge permit related to the
Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363).
13. March 13. 2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $40,000 with HDR Engineering for
services related to the Re-Opening of the Rincon Overflow Channel and the
construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price
to be negotiated (M200 1-1 06)
14. Julv 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a
I Exhibit B I
Page 2 of 4
H '\HOME\K EVI NS\G E N\W A TE R\R I r'~CON\2006- 200 7\Awd Prior Actio nsExh B. doc
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construction contract in the amount of $74,300 with Gallager Construction for the
Rincon Diversion Project - Nueces Overflow Channel (M2001-273).
15. October 23. 2001 - Motion authorizing the City Manager, or his designee, to
execute a consulting contract in the amount of $104,500 with Alan Plummer
Associates, Inc. for Nueces Delta Monitoring Program, Program Coordination, and
Report Integration Services (Rincon Bayou Diversions) (M2001-402).
16. November 13.2001 -
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Center for Coastal Studies in the
amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2001-421).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and
Nueces Bay (M2001-422).
d Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the University of Texas Marine
Sciences Institute in the amount of $173,664 for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production
in the Rincon Delta and Nueces Bay (M2001-423).
17. June 25.2002 - Motion authorizing the City Manager, or his designee, to execute a
contract and to ratify services provided by the University of Texas Marine Sciences
Institute, in an amount not to exceed $118,192 for biological monitoring services
associated with the Rincon Bayou Diversion Project (M2002-179).
18. November 19. 2002 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to a contract with the University of Texas Marine
Sciences Institute, in an amount not to exceed $165,748 for biological monitoring
services associated with the Rincon Bayou Diversion Project (M2002-398).
19. September 30.2003-
a. Motion authorizing the City Manager, or his designee, to execute a contract with the
Center for Coastal Studies, Texas A&M University - Corpus Christi not to exceed
$103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou
Diversion Project (M2003-352)
b. Motion authorizing the City Manager, or his designee, to execute a contract with the
Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed
$104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon
Bayou Diversion Project (M2003-353)
c. Motion authorizing the City Manager, or his designee, to execute a contract with the
Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,710 for:
· Assistance with Allison Effluent Diversion Demonstration Project Studies and
Reports;
· Support of Rincon Bayou Diversions Studies;
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· Coordination of Studies for the Effluent Diversion Demonstration Project and the
Rincon Bayou Diversions Project; and
· Assistance with Nueces River Basin Feasibility Study (M2003-354).
20. November 18. 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment NO.2 to a contract with the University of Texas Marine
Sciences Institute, in an amount not to exceed $191,545 for biological monitoring
services associated with the Rincon Bayou Diversion Project (M2003-415).
21. November 9.2004-
a. Motion authorizing the City Manager, or his designee, to execute a contract with
the Center for Coastal Studies, Texas A&M University - Corpus Christi not to
exceed $111,000 for Ammonia and Biological Monitoring associated with the
Rincon Bayou Diversion Project 2004-2005 (M2005-406).
b. Motion authorizing the City Manager, or his designee, to execute a contract with
the Division of Nearshore Research, Texas A&M University- Corpus Christi not
to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated
with the Rincon Bayou Diversion Project 2004-2005 (M2004-407).
c. Motion authorizing the City Manager, or his designee, to execute a contract with
the University of Texas Marine Sciences Institute, in an amount not to exceed
$228,296 for biological monitoring services associated with the Rincon Bayou
Diversion Project 2004-2005 (M2004-408).
22. October 11, 2005 -
a. Motion authorizing the City Manager, or his designee, to execute a contract
with the Center for Coastal Studies, Texas A&M University - Corpus Christi
not to exceed $114,875 for Ammonia and Biological Monitoring associated
with the Rincon Bayou Diversion Project 2005-2006 (M2005-344).
b Motion authorizing the City Manager, or his designee, to execute a contract
with the Division of Nearshore Research, Texas A&M University- Corpus
Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring
associated with the Rincon Bayou Diversion Project 2005-2006 (M2005-345).
23. October 25,2005 - Motion authorizing the City Manager, or his designee, to execute
a contract with the University of Texas Marine Sciences Institute, in an amount not
to exceed $264,247 for biological monitoring services associated with the Rincon
Bayou Diversion Project 2005-2006 (M2005-369).
24. Julv 25, 2006 - Motion authorizing the City Manager, or his designee, to execute a
contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed
$135,000 for consulting services necessary to assist in the coordination and review
of various activities affecting the Nueces Delta (M2006-238).
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Page 4 of 4
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CONTRACT SUMMARY
The City of Corpus Christi, Texas, hereinafter called "City", and the Center for Coastal Studies at
Texas A&M University - Corpus ChristL hereinafter called "CCS', hereby agree as follows:
S V CES TO BE PERFORMED
CS hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and
retk>rt the results of a study for:
· Monthly ecological/biological monitoring at six (6) locations as described in the proposed
'Recommended Monitoring Plan for Rincon Bayou, Nueces Delta" dated July 3, 2002,
· Collection of Ammonia samples of treated wastewater at the Allison Wastewater Diversion Project
cells and diversion cell inspection monitoring from October 2006 through September 2007.
A. TASKS
Rincon Bavou Monltorina:
To provide the necessary data to evaluate the effects of freshwater diversions from the Nueces River into
Rincon Bayou, and to determine if differences exist between the diversion site and comparable non-
diversion sites, the following measurement tasks will be performed:
Monthly sampling to determine species abundance, density, diversity, distribution, and biomass of
benthic macroinfauna at all six (6) stations.
2. Annual sampling and analysis to determine sediment grain size analysis will be measured,
3. Species abundance, density, diversity, distribution, and biomass of epifaunal invertebrates, and
nekton in the Nueces Delta will be measured,
4. Number and type of avian species along with habitat usage that notes location, date, and time will
be monitored,
5. Physiochemical parameters that include but are not limited to water temperature, dissolved
oxygen (% saturation and mg/L), pH, conductivity, and salinity will be measured at all six (6)
stations
Allison Wastewater Diversion Proiect Monitorina
CCS will perform following tasks will be performed during the collection events:
Inspect the entire above ground pipeline route from the Nueces River to the three diversion cells
for possible leaks or operational failure;
2 I nspect all diversion cell walls for possible erosion or other failures which may hinder operations;
3. Inspect all above ground Inflow valves, pipes, and discharge points within the diversion cells for
any signs of operational failure.
4 Visually Inspect all perimeter fencing at the project for possible breaks;
5 Conduct bird surveys of the diversion cell area;
6 Provide for immediate inspection response, on a 24-hour on call basis, should the City of Corpus
Christi determine that a problem exists at the project area.
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Ammonia and Insoection Monitorina - Allison Wastewater Diversion Proiect
Based on existing permit requirements Issued by the Texas Commission on Environmental Quality the
following tasks will be performed during collection events:
1 Water samples will be collected from each diversion cell three times each week and transported for
Ammonia-Nitrogen analysis at the O.N. Stevens Water Quality Laboratory;
F~S AUTHORIZED
The City will pay CCS a fixed fee not to exceed $149,910.68 for providing all services.
H:\HOME\KEVINS\GEN\WA TER\RI NCON\2006-2007\AwardSumC 1.doc
"1l!IIiW"
CONTRACT SUMMARY
The CIty of Corpus Christi, Texas, hereinafter called "City", and the Division of Nearshore Research
iDNR) at Texas A&M University - Corpus Christi, hereinafter called "DNR". hereby agree as follows:
SER,YICES TO BE PERFORMED
DNR hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and
repOl't the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity
monitoring stations and one tidal/meteorological monitoring station in the Nueces River, Bay, and Rincon Delta.
SCOPE OF SERVICES
DNR's services will be those necessary to provide the monitoring required deliver an annual written report
corresponding to station service including:
· change of Hydrolab instruments with a freshly calibrated unit every 2 weeks;
· report of all stations readings of salinity and water temperature, with some units also reporting
dissolved oxygen, Ph and water depth
· making all data available in graphical and tabular format on the DNR website
(httpJ/dnrcbi.tamucc.edu/data) within one hour of the time data were collected; and
· making available printable electronic monthly progress reports on the DNR website
(http//dm cbitamucc. edu/projects/nueces).
DNR will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A.
TASKS
DNR Will complete the following tasks:
Nueces Bav Salinity Monitorina - Freshwater Inflow
DNR will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites
Point (SAL T03) and the other mid bay, near the CPL power lines (SAL T01), one station in the Nueces River
(SAL T05), and another in the delta (SAL TaB). Parameter measured by DNR will include salinity, conductivity,
dissolved oxygen, water temperature, and pH. Station Salt 05 parameters will include salinity, water
temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are
placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator.
Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below
the Upper Salinity Bounds A daily running report (http://lighthouse.tamucc.edu/salrel) produced by DNR
shows the current freshwater relief status
Nueces Delta Diversion Proiect - Freshwater Inflow
DNR will monitor salinity and water level is monitored at SAL TaB near the mouth of the Rincon, in addition to
the standard suite of measurements. Parameters measured at station Salt08 will consist of salinity, water
temperature, and water depth only. The Rincon Diversion Project resulted in excavation of a channel to allow
water during high flow events to pass from the Nueces River into the Rincon Delta. The next phase of the
Rincon Diversion Project Will result in pipeline and pump station to provide flows into the Rincon Delta during
low and normal flow conditions on the Nueces River UTMSI and CCS are presently conducting long-term
biological studies of the effects of this diversion. Data from SAL TaB is necessary to support studies by
UTSMI and CCS
Nueces Bav Tidal and Meteoroloaical Station
The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in
the upper part of Nueces Bay at Whites Point. DNR will use precise water level measurements from this
station as a reference for work by the others in the various projects in the bay, river, and delta.
Station Service And Maintenance
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DNR will exchange freshly calibrated Hydrolab units with units on station every other week. DNR will
provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations
consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. DNR may
separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The
maintenance agreement must ensure that the instruments deployed are as good as, or better, than
factory standards
Data Collection
DNR will program a computer to poll each station every half hour. Five measurements will be obtained from
each instrument, which are then averaged. DNR will place the hourly averages into the database and be
reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day
averages as well as the daily average (http://Iighthouse.tamucc.edu/salrpt). Monthly salinity in relation to the
Upper and Lower Salinity bounds is found at http://dnr.cbLtamucc.edu/salrel, which is used to determine if the
City may take credit from freshwater release from the storage facilities.
Instrument Calibration
DNR will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument
maintenance company. DNR will use calibration and post-calibration methods established by the
manufacturer of Hydrolab All calibration and post-calibration records are available on the DNR website,
http://dnrcbLtamucc.edu/calib DNR will maintain an instrument maintenance agreement with a qualified
instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All
components of the instrument will be covered under the warranty agreement and replaced as needed.
Collabontive Monitorinq
DNR will prOVide data to support those research efforts currently being done by CCS, UTMSI, and the
City,
FE " AUTHORIZED
The ity will pay DNR a fixed fee not to exceed $114,844.00 for providing all services for 2006-2007.
H '\HOME\KEVI NS\GEN\W A TER\RINCON\2006-2007\AwardSumC2.doc
CONTRACT SUMMARY
The City of Corpus Christi, Texas, hereinafter called "City", and the Harte Research Institute at Texas
A&M University - Corpus Christi, hereinafter called "Harte", hereby agree as follows:
SFf.fVICES TO BE PERFORMED
H.-te hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and
report the results of a study for:
· Biological monitoring at three (3) locations as described in the "Research Contract Proposal titled
"Rincon Bayou Diversion Project, Biological Monitoring, Year 6: 2006 - 2007 dated September 5,
2006.
S PE OF SERVICES
H TE's services will be those necessary to provide the monitoring required deliver an annual written report
corresponding to the major tasks outlined in the Research Proposal dated September 5, 2006. Harte will
complete the tasks set forth by Section IIA as set forth in the research proposal attached as Exhibit A.
A. TASKS
Rincon Bavou Monitorina.
The monitoring will assist in the:
· Determination of whether any harm occurs as the result of freshwater diversion from the Nueces
River into Rincon Bayou,
· Assessment of the benefits of the diversion on primary and secondary productivity in Rincon Bayou;
and
· Development of an optimal operational management procedure for freshwater pass-through based on
sound scientific basIs.
Tasks to be completed include monthly:
. Benthic sampling and collection of phytoplankton biomass (chlorophyll a) and water chemistry (e.g.,
nutrients, salinity, & temperature) for analysis by UTMSI; and
· Determination and comparison of biomass, abundance, density, diversity, and species distribution of
benthic infauna in Rincon Bayou for relevant changes in water quality (e.g., salinity) and soil
charactieristlcs (e.g sediment gram size)
FqJ:S AUTHORIZED
TI'lle City will pay HARTE a fixed fee not to exceed $58,500,00 for providing all services.
H:\HOME\KEVI NS\GEN\W A TER\RI NCON\2006-2007\AwardSumC3.doc
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CONTRACT SUMMARY
The City of Corpus Chnsti, Texas, hereinafter called "CIty", and The University of Texas at Austin, on behalf of
theMarine Sciences Institute, hereinafter collectively called "UT" hereby agree to the following amendment of
the original contract approved June 25, 2002 (M2002-179), amended November 19, 2002 (M2002-398),
amended November 18, 2003 (M2003-415) and amended November 9, 2004 (M2004-408) and amended
October 25 2005 (M2005-369) as follows
Section 1I Scope of Services Paragraph B IS amended to read
RE6EARCH PLAN AND METHODS
Ul'tIs services will be those necessary to provide biological monitoring in order to deliver an annual written
relll>rt corresponding the to the three major tasks (Hydrography, nutrients and Phytoplankton, and Emergent
Valetation)
tASKS
The following tasks (i.e. measurements) will be performed:
1 Primary production and phytoplankton biomass (chlorophyll a) in marsh ponds and channels will be
measured monthly in the Nueces River, along with the Rincon Bayou and Nueces Bay.
2. Water depth and water chemistry (salinity, conductivity, temperature and pH) will be continuously
monitoring at one location (Station 463) located approximately halfway between the Nueces Overflow
Channel and Nueces Bay
3. Species composition, percent cover and distribution of emergent marsh vegetation along Rincon
Bayou and the mitigation channel will be quantified in relation to tidal flat and soil porewater parameters
(e.g salinity, soil moisture and inorganic nitrogen)
4. Landscape-scale changes in cover type and vegetative communities will be assessed by
groundtruthing, interpreting, and classifying aerial images acquired November 1 , 2005 and compared to
images acquired in September 1997.
PRODUCTS
UTwill deliver an annual written report by January 2008.
FqJS AUTHORIZED
TI1lt City will pay UT a total fixed fee amount not to exceed $207,764 for Amendment NO.5. The restated total
contract fee for the original contract as amended is not to exceed $1,175,972 for providing all services. This
fee consists of:
the original contract fee in the amount $118,192;
a fte for Amendment NO.1 in the amount of $165,748;
a tee for Amendment NO.2 in the amount of $191,545
a fte for Amendment NO.3 in the amount of 228,296;
a fie for Amendment NO.4 in the amount of $264,247, and
a fie for Amendment No 5 in the amount of $207,764
H :VitOME\KEVINS\GEN\WA TE R\RINCON\2006-2007\AwardSumC4. doc
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ClTYf'llC)JECT No.1U43
EXHIBIT -D-
RIIltON SA YOU DNERSION AWARD
OF CONTRACTS FOR MONITORING
SERVICES
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
DATE: 10-02-2006
I
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PAGE: 10'1
'...
9
_.c_
CITY COUNCIL
AGENDA MEMORANDUM
October 10, 2006
AAENDA ITEM: Ordinance ordering a general election to be held on April 14, 2007, in the City
of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures
for holding such election, providing for notice of election and publication thereof; providing for
e.tablishment of branch early polling places; designating polling place locations; authorizing the
city Secretary to contract with the Nueces County election officer for equipment and supplies
necessary to conduct the election; selection of May 12,2007, as the runoff election date, if one
is necessary; enacting provisions incident and relating to the subject and purpose of this
ordinance.
IISUE: Whether the date of the regular City election should be moved from Saturday, April 7,
2007, to Saturday, April 14, 2007, in order to avoid the Easter weekend holiday, with a runoff
election date of Saturday May 12, 2007
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PREVIOUS COUNCIL ACTIONS: N/A
FUNDING: N/A.
ReCOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed
orttinance and order the regular City election to be held on Saturday, April 14, 2007, with a
runoff date, if necessary, on Saturday, May 12, 2007. ./\ Q.L'7 J
,Icfmu/HJ~
' Armando C apa
City Secretary
- -
BACKGROUND INFORMATION
April th is the first Saturday in April, 2007, and falls during the Easter holiday weekend. The
first Saturday in April is the usual date of the regular City election.
Our City Charter provides for the holding of a regular City election for Mayor and Council
Members, on the first Saturday in April in odd-numbered years, or on an alternate Saturday in
April selected by City Council, as long as the election date is selected at least three months
prior to the election date. The Texas Election Code, Section 41.0051, allows City Council to
hold the general election on any Saturday in April in odd-numbered years.
In order to avoid holding the election during the Easter holiday weekend, Council may order the
regular City election to be held on Saturday, April 14, 2007.
Should a runoff election be required, Council may order the runoff election to be held on
Saturday, May 12, 2007, to avoid conflict with the Buc Days Celebration and comply with the
statutory requirements for a runoff election.
...... ' 'c~
Page 1 of 4
AN ORDINANCE
ORDERING A GENERAL ELECTION TO BE HELD ON APRIL 14, 2007,
IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR
AND EIGHT COUNCIL MEMBERS; PROVIDING FOR PROCEDURES
FOR HOLDIN6 SUCH EL!CTION; PROVIDING FOt< NO IIl;t:: UF
ELECTION AND PUBLICATION THEREOF; PROVIDING FOR
ESTABLISHMENT OF BRANCH EARLY POLLING PLACES;
DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING THE
CITY SECRETARY TO CONTRACT WITH THE NUECES COUNTY
ELECTION OFFICER FOR EQUIPMENT AND SUPPLIES NECESSARY
TO CONDUCT THE ELECTION; SELECTION OF MAY 4912,2007, AS
THE RUNOFF ELECTION DATE, IF ONE IS NECESSARY; ENACTING
PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND
PURPOSE OF THIS ORDINANCE
\NHEREAS, the City Charter provides for the holding of a regular City election for Mayor
and Council Members in the City of Corpus Christi, on the first Saturday in April in odd-
numbered years, or on an alternate Saturday in April selected by City Council, as long
as the election date is selected at least three months prior to the election date; and
VVHEREAS, Texas Election Code, Section 41.0051, allows City Council to hold the
general election on any Saturday in April in odd-numbered years; and
WHEREAS, the first Saturday in April, 2007 (April 7) is during the Easter holiday
weekend; and
'MiEREAS, City Council deems it in the public interest to call the general election on
the second Saturday in April, 2007 (April 14), with a runoff election, if required, to be
held on the ~ second Saturday in May, 2007 (May 1911); and
'MiEREAS, it is provided in Section 3.004 of the Texas Election Code that municipal
authorities shall order elections pertaining to municipal affairs, and other provisions of
the Election Code provide for notice, appointment of officers to hold the election, and
other matters related to the holding of the election.
New, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SICTION 1. A regular City election (hereinafter "the Election") for a Mayor and eight
Council Members shall be held in the City of Corpus Christi, Texas on the second
Saturday in April, 2007 (April 14)
SIeTION 2. At the Election all qualified voters of the City of Corpus Christi shall be
permitted to vote.
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Page 2 of 4
SECTION 3. The names of candidates for the office of Mayor and the names of
candidates for the office of the City Council members shall be placed on said ballot in
the manner and form prescribed by law.
seCTION 4. The eSlate direct recording equipment (ORE) shall be employed at the
claetioFl in accordance v~ith tile T eXd~ EIt:l.iliulI Cude and the Election shall be helo at
the polling places in the regularly prescribed precincts of the City of Corpus Christi, as
set forth on Attachment A hereto incorporated by reference and made part of this
ordinance (said Attachment A to be approved and attached when the polling places in
the regularly prescribed precincts are finally determined). The Election shall be held in
accordance with the Election Laws of the State of Texas. The polls shall be open from
7:00 a.m. to 7'00 p,m. on the date of the Election.
SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law. He is directed to request consideration by the U.S.
Department of Justice by the submission of any change herein which require
preclearance, and providing such demographic data and information as required by law.
SECTION 6. The eSlate direct recording equipment shall be used for the conduct of the
Election on Election Day and for early voting. Early voting in person at each of the
temporary branch polling places shall be conducted from 8:00 a.m. to 5:00 p.m.,
Monday through Friday, beginning on March 28, 2007, and ending on April 10, 2007.
Such early voting in person may be conducted at the main early voting polling place
located at City Hall in the lobby adjacent to the Utilities Business office, 1201 Leopard,
or at the temporary branch polling places hereby established as follows:
Northwest Site
W.tside Site
Southside Site
Flour Bluff Site
Central Site
Hilltop Community Center
Greenwood Senior Citizen Center
C. C Area Council for the Deaf
Nueces County Building
Nueces County Courthouse
11425 Leopard
4040 Greenwood
5151 McArdle
10110 Compton Road
901 Leopard
In addition, early voting in person may be conducted at the mobile temporary branch
poling places set forth in Attachment 8, and then incorporated by reference and made a
part of this ordinance, during the days and hours specified therein (said Attachment 8 to
be attached when the mobile polling places are finally determined). The City Secretary
IS authorized, in the event of an emergency, preventing any of the designated polling
places from being utilized, to provide for suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 7. The City Secretary is directed to post and publish such election notices as
are required by the Election Laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
hereby authorized and directed to make all necessary arrangements for the holding of
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Page 3 of 4
sakj election in accordance with and subject to the laws of this State, including, but not
limited to, contracting on behalf of the City Council with the Nueces County Election
Officer in accordance with Chapter 31, Subchapter D, Election Code, for the use of
tabulation equipment and supplies for the General Election and Runoff Election, if one is
necessary, for costs of the election, in accordance with the Joint Election Agreement to
- -- be executed with Nuec.e~ CUUlILy. Tln::= City Secretary Is authorized to approve alllawtul
changes and additions to the procedures provide herein in order to implement such
agreement, including, but not limited to, provisions for substations and mobile voting
sites.
SECTION 8. That a Runoff Election, should one be required, shall be held on the tAfffi
seqpnd Saturday in May 2007 (May 4911) pursuant to Sections 41.001 and 41.031 of
the Texas Election Code, between the hours of seven o'clock (7:00) a.m. and seven
o'clock (7:00) p.m
SECTION 9. By approving and signing this ordinance, the Mayor officially confirms as
his action all matters recited in this ordinance which by law come within his jurisdiction.
SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase. word or provision hereof be given full force and effect for its purpose.
SECTION 11 This ordinance shall take effect and be in full force and effect from and
after its passage on second reading
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Page 4 of 4
Thllt the foregoing ordinance was read for the first time and passed to its second
reading on this the _ day of. , 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
... Blellt Cllel)IIt:Y
John Marez
Mefody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of_______, 2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the._ day of
,2006.
ATTEST
Armando Chapa
CitV Secretary
APPROVED: September 26, 2006.
~MChnJN
QIYlj. Smith
A.istant City Attorney
for City Attorney
Henry Garrett
Mayor
H:\LEG-DI R\Shared\GaryS\agenda\2006\ 10-1 O\GeneralElection2007 060926.doc
"111II'1'
10
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AGENDA MEMORANDUM
PUBliC HEARfN(J ZONING (( '1ty (ouncil Action Date: 10/10/06)
Case No. 0806-04 Scott Electric Company: A change of zoning from a "R-IB" One Family Dwelling
District to a "1-2" Light Industrial District for Shoreline Park, Block 7, Lot 9, located approximately 95 feet
west of North Port A venue
Pla.nine. Commission and Staff's Recommendation (8/23/06): Approval of the "1-2" Light Industrial
District.
ReQu.ested Council Action: Approval of the "1-1" Light Industrial District and adoption of the attached
ordinance.
P..oose of Reauest: To allow an office use
S-.nmary:
· The Request: The applicant IS requesting a change of zoning from "R-IB" One-family Dwelling
District to "1-2" Light Industrial Distnct for Shoreline Park, Block 7, Lot 9 in order to combine with
the applicant's Lots 7 and 8 which are currently zoned "1-2" Light Industrial District to construct an
office building (see attached site plan) The development would have frontage on North Port Avenue
and John Street. However, the City's Driveway Ordinance prohibits vehicular access to John Street,
a local reSidential street. The subject property, Lot 9, IS currently used for outdoor storage in
conjunction v.'ith Lots 7 and 8 No cltatlOns for illegal land use have been issued.
· Uses and Zoning: Properties to the east and south of the subject property are currently used and
zoned for "1-2" Light Industrial uses. Properties to the west and north of the subject property are
currently used and zoned for one-family dwelling uses.
· Utilities: Water and wastewater utihties are avallable to the subject property.
· Transportation: The proposed office development has frontage on both a local residential street and
an artenal street. however, driveways will not be permitted to John Street per the City's Driveway
Ordmance
· Compatibility with the Comprehensive Plan: The proposed use is not consistent with the Low
Density Residentlal ust' shovm on the Future Land Use Plan map. However, the proposed use
appears to be a logical extension of an existing mdustrial district. In addition, the property owner's
plans for an office building to support the existing business would be an improvement to the existing
outdoor storage yard on the subject property. The rezoning would bring the use of the property into
conformance with the zoning
...,..,.......~"""'
Agenda Memorandum
Case No. 0806-04 (Scott f~lectnc Co. Ine)
Page Two
Natification: Of the twent:.;-two (22) notIces mailed to the surrounding property owners, zero (0) were
returned in favor and zero (0) were returned in opposItion. The 20% rule is not invoked. This case is
coasidered non-controversial.
~1A1~
Acting Director of Development Services
MG/FG M/blp
Attachments:
1 ) Zonmg Report
2) Planning CommIssion Mmutes (R/23/06)
3) Ordinance
~
CITY COUNCIL
ZONING REPORT
Case No. 0806-04
PIInning Commission Hearing Date: August 23, 2006
~ = Applicant: Scott ElectrIc Co.. Inc.
..... .s=
= -..... Owner: MIke Hope
==Q.,
.~ ~'C Agent: MIke Riley
i....:l ~ Legal DescriptionILocation: Shoreline Park, Block 7, Lot 9, located approximately 95 feet west
< Q ! of North Port Avenue
.....
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! From: hR_l B" IJne-FamIly Dwelling District
i To: "1-2" Light Industrial DIstrict
. Area: 0.1435 acres
Purpose of Request: To allow an office use
1
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13
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---=h---- . ____~ Existing Land Use
I Zoning Future Land Use
! Site" "R-IB" One-Family Light Industrial Low Density Residential
DwellinJ:!, DistrIct !
! North --- -. '-.~ -----tL;w Density Residential
"R-IB" One-Family Low Density Residential
Dwelling District !
~
i South "1-2" Light Industrial District Light Industrial Light Industrial
! East "1-2" Light Industrial DIstrict Light Industrial Light Industrial
West "R-IB" One-family Dwelling Low Density Residential Low Density Residential
DIstrict ------L-.._ ________
--.---..-....--..,....-- ----_.._~...__..._.._._--
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Area Development Plan & Future Land Use Plan: Westside and Future Land Use Plan
recommend low-density reSldentlal uses.
Map No.: 046045
Zoning Violations: None
City COUllC II ZOlllng J.<epor1
Case No 0806-04 (Scon Electnc Co In.:)
Page 2
· The Request: The applicant is requesting a change of zoning from "R-IB" One-family
Dwelling Di:,trict to "!-2" Light Industrial District for Shoreline Park, Block 7, Lot 9 in order
10 combine '^ lth the apphcant's Lots -, and 8 whIch are currently zoned "1-2" Light Industrial
Distnct to construct an office building (see attached site plan). The development would have
IT-Ontage on \Jorth Port A venue and John Street. However, the City's Driveway Ordinance
prohihlts vehicular access tn John Street. a local residential street. The subject property, Lot
(I.s dmentL used for outdoor storage in conjunction with Lots 7 and 8. No citations for
illegal land u"e have been Issued.
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· Uses and Zoning Propertles to the east and south of the subject property are currently used
and zoned f<:'r "1-2"' I Ight Industrial uses. Properties to the west and north of the subject
property are \ urrently dsed and zoned for one-famtly dwelling uses.
· Utilities: Water and \vastewater utihtles are avatlable to the subject property.
· Transportation: The proposed office development has frontage on both a local residential
street and an artenal street. however. driveways wlll not be permitted to John Street per the
('lty'S Dnveway Ordmance
· ('ompatibility with the Comprehensive Plan: The proposed use is not consistent with the
L 0\\ Density Resldentlal use shown on the Future Land Use Plan map. However, the
proposed use appears 1.0 be a logical extension of an existing industrial district. In addition,
the property owner's plans for an office buildmg to support the existing business would be an
Improvement to the eXIsting outdoor storage yard on the subject property. The rezoning
would bnng the use of the property into conformance with the zoning.
Street
Type
Planned Right-or-way
Existin Paved Section
100 feet of ROW (existing 50
feet back to back pavement
width
50 feet of ROW (existing 28 feet
back to back avement width
NA
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! A - 2 Arterial
North Port Avenue
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John Stree'
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A SIte plan has been submltted With this appltcatlon and is attached. The site plan is only
provlded as additional Information and is not a requirement of the "1-2" zoning. However, it
should be noted that the vehicular access onto John Street illustrated on the site plan is not
i permltted per the City's Dnveway Ordinance.
City CouncIl Zonmg Repon
Case No 0806-04 (Scott Electn Co Ine
Page 3
=
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~ Approval of the" i -2" LIght Industrial District.
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g i S Approval of the "!-2" Llght Industrial DistrIct.
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i Number of Notices Mmled
i Favor: 0
I Opposition 0
i (As of August 23, 2006)
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22
Attachment: Zoning Map
Site Plan
H:\PLN-DlR \SHARED'J3everly\21 106 PC'ZONRPTS\ August\CC Reports\0806-04 Zonmg Report.doc
SA Y VIEW
CEMETERY
EXEMPT
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08/08/06 SRR
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R... One F....... D_lhng Dislnct
R.1 Po One Fal1llty Dwelling District
R.l B One Fa...... Dwelling Dislrict
R.le One Fa...... o-lIing District
City of Corpus qristi, Texas
Dep.rtment of Da'-'pment Services
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Notice Map
Case Z080604
R.'1H Tc,'mnouse Dwell1ng DIstrict
'.2 Llghtlnduatrlal District
1.3 Heavy Induatrlal Dlstrlc:l
SP Special P.nnlt
PUD Plannad Unit Davalopmant
HC Hlstorlcal-Cultural Landmark Preservation
R-~ MLltiple Dwelling DistrlC!
B.1 Neighborhood BUSiness District
B-1 A Ne Ighborhood Business District
T.! /1. T r.,...el Trailer Park District
B.2'" B.rrier Island Business Dislrlct
T .16 Ma'1uf.clurec Home Par!!. District
B-2 Bayfront Business District
T.'C Manufacturec Home Subdl\lislon Districl
BD Corpus Christi Beach Design Disrict
A.~ Apartment House District
A.~A Apartment House Olstrkt
8.3 Business District
8-4 General Business District
N
A
A.; Apartment House Distric:
B..5 Primary BUlin.s. District
A T Apartment. Tourist DIstrict
AS Pretessianal Office Distnct
8-6 Primary Busln... Core District
1.1 limited Indultrial District
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MINlTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - August 23. 2006
4:30 P.M.
V1[I. ZONING
]. Nev, Zonmg
.I Case No 0806-04
Scott ElectrIc Co. Inc.: From a "R-IB" One-family Dwelling District to
an "1-2" Lu!ht Industnal District
Shoreline Park, Lot 9 Block 7, located north of John Street and
approximately 95 feet west of Port Avenue.
MIC Raasch presented the above case for a request from a "R-IB" One-family Dwelling
DIstrIct to a "]-1" LIght Industrial District for the purpose of development of an office building and
parking in combmatlOn WIth Lots"" and 8. The subject property is located on North Port Avenue and
lohn Street WIth surroundmg land use consIstmg of low density residential and light industrial use. It
:;hould be noted that, per the City" s Driveway Ordinance, vehicle access onto John Street is not
permitted whIch will be updated on the applicant's site plan. The outdoor storage will be removed
when the SIte IS redeveloped with all traffic to be accessed from Port Avenue. There were twenty-two
22) notices mailed out WJth lCro returned m favor or opposition. Staff recommends approval of the
'1-2" Light IndustrJal Distnc
James Skrobarczyk questIOned the demal of utilization of John Street in view that the
majority of the lots .ire zoned light mdustrial and the area seems to be moving in that direction.
In answer to CommIssIOner Pusley's question, Mr. Raasch stated the applicant wants to keep
the eXIsting driveway on John Street but will reVIse the plans accordingly and understands the
restrictJons wlthm t!1e ordmance
PublIc hearng was opened
Mike Riley Scott ElectrIC, 1919 N. Port, Corpus Christi, Texas stated the way the existing
SIte is structured. the entrance to the property IS off Port Avenue and the parking goes both directions
through the lot to enable better traffic flow. Mr. Riley stated Scott Electric would like the driveway
off John Street but s wIlImg to cooperate wlth the City The fuel tanks are definitely going to be re-
located or eliminated if unable to meet current standards
PUr,lIC heanng was closed
M0111)n for approval of an "1-2" LIght Industrial District was made by Commissioner
Brasellon and seconded by CommJssioner Skrobarczyk. Motion passed unanimously.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
SCOTT ELECTRIC COMPANY, INC., BY CHANGING THE ZONING
MAP IN REFERENCE TO SHORELINE PARK SUBDIVISION, BLOCK 7,
lOT 9, FROM "R-1 B" ONE-FAMilY DWELLING DISTRICT TO "1-2"
LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Scott Electric Company, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
Y4HEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 23, 2006, during a meeting of the Planning Commission, and on Tuesday,
October 10, 2006, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi. during which all interested persons were allowed
to appear and be heard; and
'MiEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Shoreline Park Subdivision, Block 7, Lot 9, located
on John Street approximately 95 feet west of North Port Avenue, from "R-1 B" One-
Family Dwelling District to "1-2" Light Industrial District. (Map 046045)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
S&CTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
....
Page 2 of 3
SICTION 6. A vIolation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SICTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 10th day of October, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: October 5, 2006.
itt~
AS8istant City Attorney
For City Attorney
H '\UEG-DIR\Shared\GaryS\agenda\2006\ 10-10\0806-04 Scott Electric reg.doc
~
Page 3 of 3
Corpus Christi. Texas
day of _______, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
Fer the reasons set forth in the emergency clause of the foregoing ordinance, an
eftlergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, 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
Jeh n Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 10-10\0806-04 Scott Electric reg.doc
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11
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AGENDA MEMORANDUM
PUB1 Ie HEARfNCi. ZONING (City Council ActIOn Date: 10/1 0/06)
Case No. 0806-06 H02an Develooment Comoanv: A change of zoning from a "F-R" Farm-Rural District to
a "R-IB" One-family Dwelling District on 37.60 acres in Lots 2,3,11, and 12, Section 32 of the Flour Bluff
and Encmal Farm and Garden Tracts, located on Wooldndge Road approximately 1,265 feet east of Las Brisas
Drivr
Plannin2 Commission aDd Staff's Recommendation (8/23/06): Approval of the "R-IB" One-family
Dwelling District
ReQuested Council Action: Approval of the "R-l B" One-family Dwelling District and adoption of the
attached ordinance.
Puroose of Reauest: Development of a smgle-famIly residential subdivision.
SIlmmarv
· The Request: The applIcant IS requestmg a change of zoning for 37.60 acres from "F-R" Farm-Rural
DIStrIct to "R- 1 SOl One-family Dwel1mg District for development of a single-family residential
subdIvision.
· Development is proposed as approxImately one hundred (100) single-family residential lots and will
have entrances on Wooldridge Road. Holly Road, and future Oso Parkway. The property will be
developed in five phases.
· Zoning: The purpose of the "R-lB" DIstrict provides for single-family residential development of
moderately spacious character. The "R-IB" DIstrict requires a minimum of 6,000 square foot lots,
with a maximum denSIty of 7.26 units per acre. The minimum front yard setback is twenty-five (25)
feet with five (5) foot SIde and rear yards. The required yard open space is 30 percent of the total lot
area.
· Existing Land l'se: The tract is bemg subdivided out of the Flour Bluff & Encinal Farm and Garden
Tracts and is currently imdeveloped.
· Utilities: The proposed single-family development w11l connect to public utilities.
· Transportation: Development of thIS property WIth the proposed residential subdivision could
generate approximatel) 957 vehIcle tnp ends per day. The subject property is located between
Wooldridge Road and Hol1y Road, which are designated as a primary collector roadway and
secondary artenal roadway m the Urban Transportation Plan, respectively. The Plan states the
purpose of a primary collector 1S to provide access to commercial developments and/or several
neIghborhoods and ma) intersect with one or two arterial streets. The purpose of a secondary arterial
roadway IS to provIde citywide traffic mobility but functions at a lower level and places more
emphaSIS on land acces,.; than a pnmary arteriaL
Agenda Memorandum
Case No. 0806-06 IHogan Development LP)
Page Two
Netification: Of the five ( .;) notlce~ maIled to the surrounding property owners, zero (0) were returned in
favor and zero (0) were returned in oppositlOn. The 20% rule is not invoked. This case is considered
nen-controversial.
At/wi ;if. ~
Michael N. Gunning, AICP
Actmg Director of Development Services
MGIFGM!blp
Attachments:
1) Zoning Report
2) Planning Commlsslon Mmules (823/06)
3) Ordinance
"....".......;.. >.,,",,'"
CITY COUNCIL
ZONING REPORT
Case No. 0806-06
PlanBing Commission Hearing Date: August 23, 2006
~ = i Applicant: Hogan Development Company, L.P.
.... .S Owner: The George B. Gaines, Jr. Family Limited Partnership, L TD
= i]. Agent: Urban Engmeering-Victoria - Ray Bridges
~ ~ ti Legal DescriptionlLocation: Being 37.60 acres in Lots 2,3, 11, and 12, Section 32 of the Flour
~..... ~ Bluff and Encinal Farm and Garden Tracts, located on Wooldridge Road approximately 1,265
< , feet east of Las Brisas Drive.
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I From: "F-R" Farm-Rural DistrIct
I To: "R-IB" One-famIly Dwelling District
I Area: 3 7 .60 acres
I Purpose of Request: To allow a smgle-family subdivision.
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i Zoning Existing Land Use
I Site "F-R" Farm-Rural District Vacant
I North "F-R" Farm-Rural District Vacanti Low density
I .. single-family residential
I South "F-R" Farm-Rural Vacanti Low density
DIstrictl"R-I B" One-family single-family residential
Dwelling DistrIct ... ~
East "F-R" Farm-Rural Distnct i Vacant
~ Wes;-r-:;-R=IB" One-family Dwelling I Vacant ..
:--__. _ Dl_~!TIC~___ _. __ .-L_..__
Future Land Use
Low density residential
Low density residential
Low density residential
Low density residential
Low density residential
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Area Development Plan: Southside - The future land use map recommends low-density
residential as requested by the applIcant.
Map No.: 038032/039032
Zoning Violations: None
.........,,".-.
City Coune 1l Zonmg Report
Case No 0806-06 I Hogan De' elopment Company, LP )
Page 2
· The Request: The applicant is requesting a change of zoning for 37.60 acres from "F-R"
Farm-Rural District to "R] B" One-family Dwelling District for development of a single-
tamilY residential subdIVISIOn
· Development is proposed as approXImately one hundred (100) single-family residential lots
and wIll ha\ e entrances on Wooldridge Road, Holly Road, and future Oso Parkway. The
property wIl be developed lT1 five phases.
· Zoning: The purpose of the "R.I B" District provides for single-family residential
development of moderately spacious character. The "R-lB" District requires a minimum of
6,000 square foot lots, WIth a maximum denSIty of 7.26 units per acre. The minimum front
,lard setback IS twenty-five (25) feet with five (5) foot SIde and rear yards. The required yard
. )pen space I- 30 percent of the total lot area.
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· Existing Land l'se: The tract is bemg subdivided out of the Flour Bluff & Encinal Farm
and Garden Tracts and IS currently undeveloped
· fhe subject property IS located west of the Cayo del Oso. The City has recently acquired park
land along the Cayo del Oso, between Holly Road and Wooldridge Road. Therefore,
development will not .~xpand adjacent to the Cayo del Oso in this location.
· Utilities: The proposed smgle-family development will connect to public utilities.
· Transportation: Development of thiS property with the proposed residential subdivision
could generate apprOXImately 957 vehicle trip ends per day. The subject property is located
between Wooldridge Road and Holly Road, which are designated as a primary collector
roadway and secondary arterial roadway in the Urban Transportation Plan, respectively. The
Plan states the purpose of a primary collector is to provide access to commercial
developmenh and/or several neighborhoods and may intersect with one or two arterial
streets The purpose of a secondary arterial roadway is to provide citywide traffic mobility
but functlOn~ at a lmver level and places more emphasis on land access than a primary
arterial
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Paved Section
Street
Type
Volume
(2001)
Not available
910 A.D.T.
Not available
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i Wooldridge Road j Collector
f- .- .--t-
I Hollv Road i<\rterial
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75 feet (50 feet back to back)
100 feet (54 feet back to back)
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fhe subject property lS not platted. Platting 1S reqUired prior to development of the property.
City CounCil Zoning Report
Case Nt, 0806-06 (Hogan De' e]opment ('ompany, LP i
Page 3
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~ E The subject property IS currently vacant.
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! Number of Notices Mailed:
I Favor: 0
I Opposition 0
I (As of August 23, W06)
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F.R Farm Rural District
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RA One FamIly DweUing Dl5tricl
R. i A One F amity Dwelling District
R.1B One Family Dwelling Districl
R.1C One Family Dwelling District
Department of DevekiWlment Services.
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FlOOII BLUFF & EHfAL FAillA & G
Case Z080606
~_!t-l ,. ownh ".>use Dwelling DistriC'
q..;;' Muhlp'e Dwelling Distl"lct
0' A 1 ravel railer Pant. Dislnct
~.j B Manufactured Home Park District
~.1 C Manufactured Home Subdivision District
A.. '] Apartment House District
A-1A Apartrnent Hou.e District
A.2 Apartment House District
-'>, Apartment..Tourlst District
A.S Professional Office Oistr.ct
8-1 Neighborhood Business District
B.l A Neighborhood Business District
B~2A Barrier Island Business District
B-2 Bayfront Business District
BO Corpus Christi Beech Design OisriCI
B-3 Bus'ness District
8-4 General BUlines. District
8.5 Primary Business District
B-6 Primary Buslne.. Core Olslricl
11 Limited Induslrlal Dlslrict
Notice Map
1.2 Llghllnduslrie' Dlstricl
i-3 Heevy industrial District
SP Specla' Perm"
PUD Planned Unit Development
HC Hlstoricel.culture' Lendmerk Preservetion
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~-
MINlTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - August 23, 2006
4:30 P.M.
VIII. ZONING
! . New Zoning
a Case No. 0806-06
Hogan Development Company, L.P.: from "F-R" Farm-Rural District to
'R-IB" One-family Dwelling District
Being 37.60 acres in Lots 2,3, 11, and 12, Section 32 of the Flour Bluff
and Encinal Farm and Garden Tracts, located on Wooldridge Road
approximately 1,265 feet east of Las Brisas Drive.
Shannon Murphy presented the above case for a "R-IB" One-family Dwelling District
for the purpose of a single family development. The subject property which is vacant located on
Wooldridge Road and Las Brisas Drive IS surrounded by vacant land with a residence located to
the north. The development IS to be developed in five (5) phases and will consist of one hundred
(l00) smgle-famlly residential lots With entrances on Wooldridge Road, Holly Road, and future
Oso Parkway. There were five (5) notices mailed out with zero returned in favor or opposition.
Staff recommends approval.
PublIC hearing was opened
Mary Mavel, 5401 Burnham #2313, Corpus Christi, Texas stated opposition of this
request due to its proximity to the Cayo Oso Parkway.
Mary Frances Teniente stated, In response to Commissioner Huerta's question, there is an
area acquired by the City located Just south of Holly that is part of a conservation park area.
Public hearing was closed.
Motion for approval of the "R-l B" One-family Dwelling District was made by
CommIssioner Pusley and seconded by CommisslOner Martinez. Motion passed unanimously.
-
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY HOGAN DEVELOPMENT COMPANY, L.P., BY CHANGING THE
ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS LOTS 2, 3, 11, AND 12, SECTION 32,
FROM "F-R" FARM-RURAL DISTRICT TO "R-1B" ONE-FAMILY
DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Hogan Development Company, L.P., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 23, 2006, during a meeting of the Planning Commission, and on Tuesday,
October 10, 2006, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of the Flour Bluff and Encinal Farm and Garden
Tracts on Lots 2, 3, 11, and 12, Section 32, located on Wooldridge Road approximately
1,265 feet east of Las Brisas Drive, from "F-R" Farm-Rural District to "R-1 B" One-family
Dwelling District (Map 038032/039032) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
-
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 10th day of October, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 5,2006.
~
Assistant City Attorney
For City Attorney
Henry Garrett.
Mayor, City of Corpus Christi
H:\LEG-DIR\Shared\GaryS\agenda\2006\ 10-10\0806-06 Hogan reg 060921 .doc
..............-...,
Page 3 of 3
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. IIwe, 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
-_.__.__.;_.._~"^.._'_._---_.,--- ,~--"""--'-
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Council Members
The above ordinance was passed by the following vote:
Henry Garrett
8rent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H'\LEG-DIR\Shared\GaryS\agenda\2006\1 0-1 0\0806-06 Hogan reg 060921.doc
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37.60 ACRES
THE STATE OF TEXAS}
THE COUNTY OF NlJECES}
BEING a 37.60 acre tract of land situated partially in Lot 2, Lot 3, Lot II and Lot 12, Section 32,
Flour Bluff and Encinal Farm and Garden Tracts of record in Volume A, Page 41-43 of the Map
Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by
George B. Gaines, Jr., et ux to The George B. Gaines, Jr. Family Limited Partnership, LTD.
according to Document Number 842208 of the Official Records of Nueces County, Texas, said
37 60 acre tract ofland being more fully described by metes and bounds as follows:
COMMENCING at a 5/8 inch diameter rebar (with yellow plastic cap stamped "URBAN
SURVEYiNG, INe. ") found marking the conunon corner of Section 27, Section 28, Section 31
and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts, THENCE, South 61 deg.
22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 875.00
feet to 5/8 inch diameter steel rebar set to mark the north corner of the herein described tract and
the POINT OF BEGINNING herein;
THENCE, South 61 deg. 22' 33" East, continuing with the common line of Section 31 and
Section 32, a distance of 412.62 feet to a 5/8 inch diameter steel rebar set to mark the northeast
corner of the herein described tract;
THENCE, South 28 deg. 34' 10" West, a distance of 140.04 feet to a 5/8 inch diameter steel
rebar set to mark the beginning of a curve to the left:
THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 45 deg. 35'
34", chord bears South 05 deg. 46' 23" West, 495.95 feet, for an arc length of 509.28 feet to a 5/8
inch diameter steel rebar set for its point of tangency;
THENCE, South 17 deg. 01 24" East, a distance of 303.) 1 feet to a 5/8 inch diameter steel rebar
set to mark the beginning of a curve to the right;
THENCE, with smd curve to the nght, having a radius of 560.00 feet, interior angle of 24 deg.
45' 17", chord bears South 04 deg. 08' 46" East, 249.61 feet, for an arc length of 251.72 feet to a
5/8 inch diameter steel rebar set for its points of tangency;
THENCE, South 08 deg. 43' "3" West, a distance of 487,85 feet to a 5/8 inch diameter steel
rebar set at the beginmng of a curve to the right;
THENCE, WIth said curve to the right, having a radius of 560.00 feet, interior angle. of 37 deg.
14' 48", chord bears South 27 deg. 21' ] 7" West, 357.67 feet, for an arc length of 364.04 feet to a
5/8 mch diameter steel rebar set for its points of tangency,
THENCE, South 45 deg. 57' 46" West, a distance of 507.09 feet to a S/8 inch diameter steel
rebar set to mark the beginning of a curve to the left;
THENCE, WIth said curve to the left, having a radius of 640.00 feet, interior angle of 17 deg. 17'
5 1 ", chord bears South 37 deg. 18' 51" West, 192.48 feet, for an arc length of 193.21 feet to a 5/8
men diameter steel rehar set for its pomt of tangency;
-
THENCE, South 28 deg. 39' 56" West, a distance of 130.13 feet to .. 5/8 inch diameter steel
rebar set to mark the south corner of the herein described tract, same being in the center: of the
riaht~of~way ofWooldndge Road and tbe common line o(Lot 12 and Lot 17, Secti01.132;
THENCE, North 61 deg. 24' 32" West, with said common line of Let 12 and Lot 17,. distance
of 299.99 feet to 5/8 inch diameter steel rebar set to mark the southwest comer of the herein
described tract;
THENCE, North 28 deg. 38' 41" East, a distance of 435.67 fect to a 5/8 inch diameter steel rebar
set to mark an interior comer of the herein described tract,
THENCE, North 61 deg. 21' 13'" West, a distance of 200.00 feet to a 5/8 inch diameter steel
rebaI' set to mark a westerly corner of the herein described traCt and being in the common line of
Lot 12 and Lot 13, Scction 32;
THENCE, North 28 deg. 38' 47" East, a distance ofpas6ing at 824.73 feet, a 5/8 inch diameter
steel rcbar set for reference and continuing for an overall distance of 884.73 feet to a point in the
centerline of a drainage easement according to Volume 1922, Page 604 of the Deed Re.corcls of
said County and being an interior comer of the herein described tract, said point also being a
common corner of Lot 2, Lot 3, Lot 12 and Lot 13, Section 32;
THENCE, North 61 dei. 20' 04" West, with said drainage ditch casement, a diStance of451.85
feet to point for the west corner of the herein described tract;
THENCE, North 28 deg. 38' 47" East, crossing said Lot 2, passing at 60.00 feet a S/8 inch
diameter steel rebar set for a refer-enee point and continuing for an overall distance of 1320.96
feet to tbe POINT OF BEGINNING. CONTAINING within these metes and bounds a 37.60
acre tract of land, more or less.
All set 5/8 inch diameter steel rebar marked with yellow plastic cap stampCCS ''URBAN
SURVEY1NG, INC."
BeM'inls based on Texas Stat.e Plane Coordinate System (South Zone) using City of Corpus
Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg.
28' 26.49" West).
The foregoing legal description and accompanying survey plat were prepared from an actUal
survey madc on the ground under my supervision in July, 2006 and are troe and com!ld to the
best of my mowl e and belief.
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Texas No. 4943
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AGENDA MEMORANDUM
October 10, 2006
Subject: Appeal from Mark Di Carlo of a Cable Communications Commission decision
regarding violation of Rules and Procedures for Public Access Cablecasting, which are
part of the Master Cable Services Regulatory Ordinance.
Agenda Item: Consideration of an appeal by Mark Di Carlo of the Corpus Christi Cable
Communications Commission's August 21, 2006 decision regarding forfeiture of time
slot on public access channel.
Background: The City's cable franchise provides for two public access channels. City
ordinance establishes rules and procedures for use of public access channel. Each
channel has a users group (known as a PAUG) to be responsible for enforcement of the
rules and procedures. Producers can appeal violation notices from the P AUG to the
Cable Communications Commission ("Commission"). The City Charter allows for
appeals of board and commission decisions to the City Council.
Ordinance: Article XVIII of Chapter 55 of the Code of Ordinances contains the Rules
and Procedures for Public Access Cablecasting at Exhibit A ("the Ordinance"). The
matter before the Council pertains to a violation of Section 3 of the Ordinance regarding
forfeiture oftime slot. Under City ordinance, public access channel producers can
participate in a lottery every six months to reserve a time slot on public access channel.
The spring lottery is conducted the last week of April with new time slots beginning first
Sunday in June. The fall lottery is conducted the last week of October with new time
slots to begin first Sunday in December. City ordinance states:
"A series producer of a monthly program must supply a tape for turn into
the Cable Operator within the first two (2) weeks after the beginning of a
new lottery schedule or forfeit the time slot for the remainder of that
lottery period or the program shall be removed from the schedule by the
PAUG Board of Directors. After that, if a producer fails to supply a
tape for a monthly program during the first two (2) weeks of
scheduled airing, the producer forfeits the time slot for the remainder
of that lottery period."
Section 3 of Article XVIII of Chapter 55 of the Code of Ordinances.
The Ordinance is divided in Sections 1 through 6. Repeated violations of rules found in
Section 1 of the Ordinance can result in loss of channel use. Examples of Section 1
violation include: commercial programming, or failure to include proper program
identification as defined in Ordinance. The Section 3 rule at issue does not result in loss
of channel usage, only loss of time slot.
-~
Appeal History: On August 4, 2006, P AVG President sent notice to Mr. Di Carlo of
failure to comply with City ordinance to turn in new tape to be shown the first two weeks
of August for hIS monthly program, The violation notice states that tapes were not turned
in on following dates: July 28 and August 4. 2006. A copy ofthis notice is attached as
ExhibIt A.
On August II, 2006, Mr. Di Carlo timely filed appeal ofthe notice of violation to the
Cable Communication Commission ("Commission"). A copy of his appeal to the
Commission is attached as Exhibit B. The Commission met on August 21, 2006 to
consider Mr. Di Carlo's appeaL The Commission was notified of Mr. Di Carlo's written
request to postpone the hearing, copy attached as Exhibit C. On August 21,2006 the
Commission voted (3-2) to deny the appeal. A copy of the minutes is attached as Exhibit
D.
Mr. Di Carlo timely appealed the Commission's decision to the City Council. A copy of
that appeal to the Council is attached as Exhibit E.
Issue: The issue for Council is whether the producer failed to supply a monthly
program during the first two (2) weeks of scheduled airing.
The Council may sustain or deny the appeal. If the appeal is sustained, then Mr. DiCarlo
would be eligible to use the time slot for remainder of lottery period, however, please see
discussion below regarding Additional Matter. If the appeal is denied, then Mr. DiCarlo
would not be eligible to use the original time slot for the remainder of the lottery period.
However, he would be eligible to request another time slot for his monthly program, but
please see discussion below regarding Additional Matter. The current lottery period ends
December 2, 2006.
Recommended Process: The proceeding should be informal. In deciding this case the
Council acts in a quasi-judicial capacity; I.e. it will determine what the facts are and
whether they constitute grounds to forfeit the time slot.
Since Mr. Oi Carlo is appealing, he would go first on any presentation of evidence. The
Commission Chair will be available to present any necessary information from the
Commission's perspective. Since this is quasi-judicial matter, the Council may, but need
not, solicit general public comment. If the Council chooses to hear such comment, this
could be done after argument of the parties, but before Council deliberation.
Additional Matter: On September 8, 2006 Mr. Di Carlo submitted written appeal to the
Commission relating to a separate violation notice from P AUG dated August 31, 2006.
This separate violation notice pertained to a Section I rule - failure to include proper
program identification. Mr. Di Carlo delivered notice to the City on September 18 to
withdraw his appeal, prior to the start of the Commission's meeting of same date.
City Ordinance provides that if a second adjudicated violation of a Section 1 rule occurs
within ] 2 months after the first adjudicated violation, then the producer is ineligible to
-....-
use the public access channel for 30 days. Mr. Di Carlo had received two Section 1 rule
violation notices earlier this year. The Commission denied the first appeal on February
20, 2006, and granted the second appeal on May 15, 2006. Neither Commission
decisions were appealed to the Council.
By letter dated September 20,2006, Mr. Di Carlo requests to appeal the Commission's
decision to deny his appeal, and requests to incorporate his original appeal. He stated he
was denied his appeal to the Commission by "abuse of process and fraud."
Staff believes that once Mr. Di Carlo withdrew his appeal to the Commission, there was
no appeal officially before the Commission, and therefore no Commission decision to
appeal to the Council. Staff believes that Mr. Di Carlo's letter of September 20, 2006
should be referred to the Commission for their consideration at their next meeting.
0US~~ ~(lht2t
Susan Cable
Director of E-Government Services
- ^-
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P. A. C. 10 BoIId ~fDiraon
Jade Gordy, ~eat
4111 Bray Drive
Corpus Christi, Texas 78413
857-0361 or 779-5994
August4, 2006
Yio"~ .aiee
Mark A. DiClrlo
722 ~ 1Itth Stnet
Corp\J81Christi, Texas 78404
Dear Mr. Mark A. DiCarlo;
Y ou,.ned to turn in a DeW ... to be shown the tint two (2) weeb of August for your monthly program,
titled 1:;- c. -oL-...... You failed to WID in tapes for delivery to the cable operator on the following dates.
July 2 ~.. AupIt" 012006. ~ was DO DIM' t8pc to be aired on Aupst 2 or Aupst 9 of2006.
~k . violation of Section tine (3) oftbe Rules aDd Procedures for Public Acceu Cablecasting, Section
4.01 8I!Id Section 10.02 oftbe PAC 10 by-laws lad alJO a violation oftbe statementofcomp1iance and is
groWMII for removal of your propam tiom the schedule for the remainder of this lottery period which will be
untiU Deoaber 2. 2006..
As I'IqIIIred by Section three (3) of the Rules and Procedures for Public Access Cablecunng and the PAC 10
by-la. the PAC 10 80aJd ofDirectorB made the decision to remove your program from the schedUle for the .
remaiuder of thislottay period. That will be 1III1iIl DeemJber 2, 2006
Y oumay appeal this decision to the City Seaetaty Cor the Cable Communications Commission by following
the proeeclures II let forth is Sccdon six (6) oftbc llu1es aDd ProtcdurealDd Section 10.02 of the PAC 10 by-
laws. 11Ie City Seaetaty .. receive the wrlttea DOtlce to appeal this decision within ehdat (1\ calCDdar days
after dill violation DOtice is pottnumrecL ---a iDclude a talepboDe muDbel' whae you can be ruched so the
Office .fB-Oo~. Scrvicca can notify you u to wbea the appeal beariDg wiD be heard. To DftVeDt the
remoVII ofyo\1l' program from the schedule during the appeal process you lUlU provide the PAC 10 Board of
DirecBs with a copy of your written notice to appeal. .
You an call 826-4090 or 826-4091 to find out the date 8Dd time of the next Cable Communications
Commission meeting.
J;rf+
cc: CIly of Corpus Christi
S.. Cable
<>lice ofB-Govemmcot Services
Exhibit A
......
Mark A. Di Carlo
Attomcy at Law
August 8, 2008
La SoIen. Building
722 elizabeth St.
ChrIstI, TX 78404
(361) 818-6968
FAX (361) 887-6410
P A.C. 10 BoIud of Dir8ctora
4118 BnIy DrIve
Corpua ChrIstI. Texas 78413
-
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city s..-..y
Annando a.pa
P.O. Box 8277
Corpus ChrtItI, TX 78489
RE: Mark A. DI Carlo
VIolatIon NotIce
Deer Sh or Medema:
I have not failed to turn In My.... What occunwd .. that I got off schedule.
I believe my Ihowwaalldpped once by Time Warner 10 . tilt . falrtD let that....... show
tuft ., ..... week. In other wolds Lan G8rz8 Jimenez. the County Attomey'a show ran
or, July 6, 12, 18, and AUgust 2nd. The show cId not Nn .. tht week of July. SImIlarIy,
the DI8trict Attomey'8 ..., CerIoe Valdez'a ehow .., June 14, 21, 28 and July 5, 2008.
The Ihow did not run the fht WMk In June.
The show h. been off for one week for the pest two months or so.
I dkl not know that having I monthly show was dictated by the demands of
beginning at the tnt of the month.
I thought it might be .,...r.able for my monthly show to begin the second
Wednald8y of the month to be off by one week and I would get caught up.
MlltDi(" . - . 4......P~~
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Exhibit B
~
RepdilQ, AualIIt. I pI8nned to run c..~ lrtlcDonekra show and IWMI8te for
the 8eCCI1d .... ~. I dRIpped the tape off to Mr. Gordy'a home and some extnl
money for gM. I dJd 10 on Monday, Augt. 7, 2008. '__By give Mr. Gordy. couple of
cIoI8,. far IJIMI when I '*IUb . IP8d8I drop cff and he 11M never compl8ined before.
Thill .. ... been IOIng on for IOI'ne time end no one oornpIaMed about it before and
I thought. ...aotep..... PI'OC8dunt.
I reed the ... P'- graph d 13 and I do not nt8d thet I "led My pl'QCtldUI8. See
.......... I certI*dy ...Ived no noIce d vtoI8tion.
AIIo, I bele. my due PRK 1.1 rtghIa .. being vIoIIIed. I had no notice there was
· probh;.m and now my Ihow II being t8ken off the air for no ....eon.
1incentIy,
1ncIosweI: August 4, 2008 Iefter
Page 5, OIdfnance letter
CC: Cable Communication Cornmil8ion
Suun Cable
PO Box 9%T7
Corpus Christi, Te.. 78489
.."
MllkDic.- T . .s......P~~otOf
-
Mark A. Di Carlo
;UOmey at Law
Aug_t15,2006
La ~na BuIlding
722 Elizabeth St.
Corpus Christi, TX 78404
(361) 888-&968
FAX (361) 887-6410
&Government Services
1~1l.eopM1 St.
ctrpue ChrIIti, T exaa 78401
RE: lIMe DI Cello
CItr Han tteertng Po......
OIar Slra or MlMtama;
1 have -short. end my only unmer VIUIion ICheduIed for ThurUay, August
~ to Monday AugUlt 21. 2008 In ~ v...- NevMa. I wi be IIIIytng at Circus
"." . ,...-'1 pa.c. "- on my ~lfl" .... rnIn&M. I noIIoed tDd.v my
8~...'... .,y ~ ~ pIIad the h..rt.-,g on the calencl8rfor08-21-G8 at 12:00 pm and when I
q~ her IIbout It ... .. J 11 d you had tel.phoned 08-15-08. I should be able to
,.. the _ring lit 8:00 p.m. on the 21st
reganIing thia inconvenience.
s.,
MallIA. Di CIllo.... inU...... s.oo.t s.mc..' ...... ~15.06
--
Exhibit C
--
MDlu .,-.6
CABLE COMMtJNICATIONS COMMISSION
AIIpIt 21, 2186
"'JiIrN"I'
Vice CbIirpenoD Robert "Bob" Whim, Fftld ar.obeq. ConDie Outiemz. Dr. 8JUce StndtoD, S1eve
West
CIlY tMa.
S~ Cable, Diroc.tOI of f3..Gm"a....0.4 Services, Lila Aguilar, Aasistant City Attorney and Holly
Hou~ E-Govemment Services
r..... ~ . --
IWla SmiIh, Time WIIDII' Cable
Daaie LIDe, Ormdo CoImauDicatiODS
Vice CbairmID Bob Whb called die ---. to ords' at 12:00 p.m. and varified 1he IMW>N'UI!Y quorum.
TIle minutes from July 17, 2006 ~ were rerieMd. Dr. Bmce StndeoD motioaed to IIppl'OVe the
minutes ad Steve W_1IOOIlded the motioa. All o-ni_\oacn approved.
1. DISCUSSION AND ~JJLE ACI'ION ON ZL&CI'ION 01' OII'ICERS - Dr. Bruce
S1raUDn 1IlOtioDecl to DOIDiDIde Bob White fi1r a.wplflOllL Preel Orembara IICl(j (IA-v..J the motion.
All Commillionen -w-o-" Mr. WbitD DKJtiaaecI to DOIIIiMIe Dr. Bruce StndtOD u Vice
ChairperIon. Steve West 1eC(II,~ the moticn All CnmmiMionen epproved.
1. DJSCI158ION AND ~.... ACTION JmGAIIDING PROCr.SS lOR CABLE
CB"DAT0R8 PASS 'I'IIR01JGII GltATNllOa."...C Acc.as KQ1JIPMDT - S-..
Cable diIlm nd tIIIt $7,000 ... DOt hem.. to 1he City CoaDcU far ~1Ot-;AOD Mea.... there
bIs DOt hem. pnll:'. IIIIbIiIIIed by dID Cnntnd.... b cIith.__. oftbe fimda for public
IQCaII ~. With repnl to'" .&..41..... of1he ~.. fimdI, she apIaiDed
tbIt the ~llO PAVO~,. ftlqI t d IIId IwWi...4 fIIIIdI fm: certain.....1ppJOYed by
the Cnn-i.mnn ~,dIe.... pur" J T .......... ~ dial weN DOt l'ClC(UeDcl by 1he
CluamellO PAOO IIIId ~v_ for ..... by die o---~ JICk Oorcly aplaiDecl tb8l be
could not puI lL...- the b6.~ in dID CJI'iPIaI nN(1I11t ~. tbDy hid to be IpICial ordered, 10
he NpIIIced the ...... with u4....l udct~ for 1he CIlIDIDI. Dr. S1nItoD aaotioned to
approve 1he ~ lilt or itrmI in Hau 011110 crip.l1'tlq1lellt approved by 1be Commission 011
the July 17, 2006 mil !.o.i__a StBwe Welt IODOIIded die motion. All CommiIsiOBn approved. Mr.
White assiped s.ve West IIIld Dr. Bmce Stndtoo to a committee to discua Uuitwa~iated
funds and a graua process, 8Dd provide ~ procecIuns to the commMmon It a later
date.
3. DISCUSSION AND lJPDATE FIlOM 'IDlE WABNER UGARDING EXPANTION OF
CABLE SDlVlCU TO DOWNTOWN AREA - Paula Smith, TUDO Warner Cable, provided
an upd8te of CIlbIe MlI'Yices in the downtown .... She empbui2.ed that the Tune Warner
obliptioG to the City is r-~1 .. ..n. ~ that are -.-. from fi'lnchise
requia--a. She ~1Md that tile dovt__ .. does not haw hiP ~ population with a
walk out of pI~ Time Wimer deamined the .. is fiUed with IDIII)' pmIdag lots and
abaDdoaed buikUDp. She also __ that TilDe Wamer ia in dmo..-ioDI with aevenl iDdivicluaI
pt'opcrty ownen to pIOYide CIbIe .-vices 10 thole 1I'eU. Ms. Smith stated she would be happy to
discuss this .. with any group and will NWttinll~ to provide ~.... to the Commission.
exhibit D
4. DISCUSSION REGARDING TIME WARNER COMPLAINTS - Bob White stated that
Commissioner Steve West witnessed the tape drop-off process and reviewed a tape from Latrice
Sellers. Steve West explained that the tape he observed contained bad video which would cause a
buzz in a large nmnber of set players and Time Warner's equipment was not found to be faulty.
He also explained that the kind of microphone being used is a shotgun microphone which is
designed to pick up all sorts of bacqround noises. Jack Gordy noted that there has not been
tampering of any tapes and this issue bas been on-going for four years. Mr. Gordy noted be
informed Ms. Sellers of the meeting and gave her a list of the next Commission meeting dates.
Barbara Sellers, mother of Latrice Sellers, commented that their concern with the particular tape
di~ was the tape ran without incident during the first scheduled timeslot, but the next time
the program was aired, there was a lot of noise in the audio. Ms. Sellers also stated that she feels
uncomfortable dropping tapes off to a residence. Mr. White remarked that he does not feel
anyone is intentionally tampering with tapes and the Commission is concerned with the issue and
is working towards a resolution.
5. REVIEW AND POSSmLE ACTION REGARDING VIOLATION APPEALS-
a. Shawn En~lDh - Jack Gordy explained that Mr. English failed to turn in a tape for two
consecutive weeks and this was his first violation for his monthly program. Mr. English
explained that there is a lot of confusion due to scheduling irregularities. He stated that he
will turn in a tape for the next month, but that his old tape still plays for a couple of
weeks after his new tape has been turned in. Dr. Bruce Stratton motioned to grant the
appeal. Steve West seconded. All Commissioners approved.
b. Josh DeLeo" - Jack Gordy commented that Mr. DeLeon bas a monthly show and was
late turning in tapes for July and August. Dr. Bruce Stratton motioned to grant the appeal
with the condition that he is not late turning in tapes from this point forward and if he
does turn in a tape late, his program can be pulled immediately. Fred Greenberg
seconded. All Commissioners approved.
c. Marie DiCarlo - Bob White acknowledged the letter received from Mr. DiCarlo asking
the Commission to postpone until 6:00 p.m. Mr. Gordy verified that Mr. DiCarlo does
have a copy of the latest Rules and Procedures. Susan Cable asked Mr. Gordy to clarify
why a tape was due on July 28 for the August program, since the Rules and Procedures
states the producer must turn in a tape during the first two weeks of the month. Mr.
Gordy responded that a tape was due on July 28 because the first week in August for Mr.
DiCarlo's program to run was the next week. Mr. White discussed the clarity of the
language in the Rules and Procedures. Steve West commented that monthly programs
should be submitted prior to the month it is scheduled to air. Dr. Bruce Stratton motioned
to deny the appeal submitted by Mr. DiCarlo. Fred Greenberg seconded. Dr. Bruce
Stratton, Fred Greenberg and Connie Gutierrez approved. Bob White and Steve West
disapproved. Motion passed.
6. DISCUSSION AND POSSmLE ACTION REGARDING SUBMISSION OF POSSIBLE
AGENDA ITEMS JI'OR THE CABLE COMMUNICATIONS COMMISSION - Susan Cable
recommended that the Commission set up the following process for submitting an agenda item
request: a written request should be submitted to the City seven working days or 10 calendar days
prior to the next scheduled Commission meeting. Dr. Bruce Stratton motioned to approve the
recommendation. Fred Greenberg seconded the motion. All Commissioners approved.
7. DIBCUSSION AND ~ ACl'ION ON PIlOPOSED CHANGES TO RULES AND
PllOCJ:DtJRES JOB. PUBUC ACCI'.S CA1Jl..ECASTING - Su.n Cable ....eeI to the
o-..._i__ that 1IIey have a tborouah review of1be Rules aDd Prooedures IiDce die Commission
... m.dy ~~ 80DIC ~ ad IeVWIl "'-..didoall P.M... have ~ ~. Bob
White ukecI die CIty to ~ . ~ with n-...ol 10 PAVO, n--a 18 PAUG. Tune
W....... the C~, Mr. Fred GreclIlbcq. ad MI. Coanie Gutiem:z to review the Rules and
Procedures.
&. CABLE OPDlAroR REPORT - PIDIa Smith, Time WIlDeI' Cable, &cussed iheir
COIIInnmity pI~ Dottie LaDe. Gnmde C"'M"n~ tI'~lf1d their work with the food
t.k IDd with CCPD and W...... 011 their W'1IIa and nn.m. pI'Olf'8IIL
9. STAn' UPDATE - Suan Cable 8CIaId the OwnmiMima WBS prcMded a copy of. SUIIIID8J'y of
the DIdioDaI ftwndtillf\ bin for their review. She also reviewed training requirements for
Cnnunissionen.
1.. PAUG tJPDATES - SICk Oord:y I~~ tIIIIt be 1biDb that Mr. MR DiCarlo win appeal the
decision IIUIde by tile Cable CommuaicatiODs CoJmnissioa to the City Council.
11. PUBUC COMMENT - BODe
12. COMMJS8IONDI8 COMMENTS - DODO
13. ADJ01JRNMENT - Fnld 0r0eDber1 motioaed to -uoum the ~ ad Dr. Bruce SIndton
seconded the motica. AU o--i....... ~YeCI. 1be ~ erUOUlW It 1:43 p.m.
~
Mark A. Di Carlo
tttomey at Law
La Solana Bufldlng
722 Elizabeth St.
Corpus Chrtstl, TX 78404
(361) 888-6968
FAX(361)887~10
August 28, 2006
P~C. 10 Board of 0Ir8cDs
.11 Bray Drive
Obrpus ChIIatI. Texal 78413
CJy Secretary
...... Chapa
PIO. Box 9277
Corpus Christi. TX 78489
RE: Mark It. DI Caito
VIndIon NotIce
... SirI or tMd...:
BEFORE ME. the under8igned Notary Pubic. on thi8 day ...-onally appeared,
... A 01 CaIto, who, being duly sworn on oath d..ad Met ..id Jhe foIlOYt1ng:
"I app..' the complaint flied by Mr. Jack Gordy agalnlt my public 8CCeI1 teIeviIion
.., Vac. of the Co...., Bend, and the dedlian made by Mr. Gordy to take off my
,. ta... ."Ion ..V~ of the Co.'" Bend n the deci810n by the Cable
ClJnlnilalon made without my pilIs.nee or right to be heard at the he8r1ng for 4 month.
uMII DeceI.1bef 2008 beca._:
1. The PAC 10 Board of DireQora did not meet and make this declalon;
2. I was denied my right of appeel before Cable Commi81ion:
3. I did not violate any rules.
1 haw not failed to tum in any tapes of the moIathly show. What occurred was that
NIIt DI ~ -"10 PACI~. 31..."..21-06
Exhibit E
I lOt," Cl off schedule and the show was running the eecond Wednelday of the month inatead
ofh find Wednesday of the month.
My show WII8 totally Inaudible once by Time Warner and/or Grande
Cfmmun~ wIWl Mr. CarIoe Valdez's Ihow ran during the month of June. I
"".ed.. problem wIh Mr. Goldy. The firIt tine Mr. Goldy said It was GnInde', fault
.. hi second time it WM Time Werner's fault.
TlMnfore, I wanted to let CaIto8 VaJdez'a show run an extr8 week beca~ I did not
.... It WM f8ir that he did the show and no one could hear the show. The show then
~ to air the II8COnd Wedneld8y d the month of June inetead of the first Wednelday
aAhe month. In other word. LaUl'll Garza Jimenez, the County Attomeyts show, ran on
JIIy 5,12,19, and August 2nd.
I remember Carlos Valdera show being completely inaudible on Gr8nde
C8mmunlcMlona at....t once bec8uee I nwiM"." the ahow at home 80 I wanted to be fair
to him and let it run the ht week of the following month. I do not do . public 8OOM8
slIM wherein I sit by ~ and stare Into the cernera and compIeIn about everything.
I ... an obligation to be fair to my guests who take the time to come on to the show. I
.....d thIa IOUnd problem wtIh Mr. Gordy on about two ~ions and he said there
_ . problem with Grande's sound on their public 8CCe88 channel. SImH8f1y, Captain
MIDonaId'. show was supposed to run the second, third, and fourth week of Auaust.
The show has been off schedule by one W88k about two months two months .s a
r-.uI of the cable etatb-t poor sound queUty of the Cartoe Valdez show and which I
....,.wy witneeled on Grande Communlc8tlonl.
I believe this h88 occuned before to my schedule and no one has complained
btlfore.
1 did not know that having a monthly show was dldatlld by the demands of
bllifttiing at the first of the month and I do not believe there is such a requirement
I adulllly though I might be pt...nIbIe for my moI.th1y ahow to begin the second
vtIdI.._ of the month to be off by one week. I would get caught up when a month had
,.. Wed..-cl~ perhaps or 8 show WMIO poor It should only run th.... tIme8. I know of
no rule that . monthly show h.. to start the fIrat week the month.
Reglrdlng August when Captain McDonakI'I1how was to air. I waalate for the
tiMe drop off of the Ieconc:I week bec8uIe of the confualon of the show beginning the
IICOftd W8IIk of the moItlh and the show Is suppaled to be dropped off the week before.
I .** the tape off to Mr. GordY- home and some extra money for g.. on Monday,
",t 7. 2008 so the show v<<>>ukt air on Wedneeday Aug_ 8, 2008. I uaually give Mr.
<Jtrdy . couple of dole... for gas when I require a special drop off and he hu never
'* ,I81ned before. I did 10 on Monday, AugUlt 7 but appanmtly he did not take the tape
MIlt Di CIrL.... ~ 41ea1r to PACloaq,. Y.aIOI-1a.o6
'~
Ind this t8pe bepn the third Wednelday of the month of August. Again, a tape was
~ off for a show the IeCOnd Wedn.l. of August and Mr. Gordy h8d always
~ off the tape before. Apparently Mr. Gordy did not do thll in Auguat.
The show'runnlng the aecond week of the month hM been going on since I believe
... and Mr. Gordy has not complelned about It before and I thought It was ecceptabIt,
IIfOC8dure.
I ,... the .. paragraph of 5 3 and I do not reed that I vioI8ted any procedure. See
1IIlIdMKt. I certainty received no notice of violation.
Also, I believe my due proceaa rights are being violated. I had no notice there was
~Iem and now my Ihow Is being taken off the .. for no reason. Mr. Gordy filed the
*"P1IMnt, ...... . dedlion to take the Ihow off, and I app.aled and I8CIIived three
........ ~ notice of.. Cable Comm.liDil hearing, I"requeated a COhth.uance, then
... denied the appeal. . do not beIeve that II the epirit nor intent of the regulations.
The letting for the cable commillion hearing was made when Holly Houghton
.."honed my ofIIce on August 15. 2008 and told my aeaet8ry the heering for Monday
.... 21. 2008. I flied . motion for contInuMOe becau.. I was going to be out of town
an vacation on August 21, 2008. Holly Houghton told me on August 23, 2008 when I
.... that my my n.q... for . postponement of the hearing before the cable cornrnlllion
... denied and the hearing waa held out8ide of my pt'M8nC8 and my public access show
would be I8ken off until December 2008.
Therefore. I recelv8d an oral three working days notice of a hearing which waa_
during the day. while I 8m working . an attorney, without any attempt to _ If I was
.11"r~. See the attaOOed. Then when I requeeted a continuance of the "'ring before
.. cable commls8ion because I W8I out of town on . brief vacation It was denied.
AIIo, Mr. Gordy acted soley In taking off my show. B..ed on I telephone
...rutIon with another board member, K.D. Logan, I could state that deIpIte Mr.
cIoNya form letter dated Q8..04..08 that there was no Board of Director's Meeting who
.. thiI "'on to remove my public aroeellhow and it was solely the decision of Mr.
C30nty .
TheI8fwe: (1) I Met iNldequate notice of . hearing before the cable Cornmluton;
(I) I VIII dIprIved of my rtght to be PN..nt at the hearing: (3) The board of directors had
.. juriadlclon over my case; (4) I was denied my right to appeal before the cable
....illion; (6) I was denied my rtghtto a hearing before the PAC 10 Board of Directora;
(I) No fact finder Me made a deci8ion on my C8Ie and the decIIion of the "Board of
Ilnctorl" Md the Cable Commillion should be reverud; (7) The Board of DinIctorI did
net hawt Jurisdiction bec8 - they did not have 8 meeting; (8) The Appeals Council did not
... juriediUlon because I had inadequate notice and I heel good reeeon for a continuance
Met ... denied and bec8uee I was not pr8I8I'It at the hearing: (9) I h8ve not "failed" to
MIIIt Di CIIb'SIIDdIrd IcDar to PAClCCIIIP, 31...-.21.06
-
twn in my monthly show at any time.
I 8I8ert that Mr. Gordy is in violation of Section 9.01 and Section 10.01 of the
..... beoe...: 1) There was no Board of DiMCtora malting; 2) I W88 not notified of
. tpeCiII mlltil-ct of the Board of DtlectorI; 3) I W8I not notified three days before the
...., ~ng; 4) There _re no supporting documents as to what the complaintl was
in ..... to; 5) I did not receive a complaint from PAC 10 as I only I'8C8Ived 8 decision;
5) The boerd of directors did not make fNfJry attempt to reeoIve the lIsue.
I would urge Mr. Gordy to read Section 3.01 of the Bylaws: PAC 10 is argued to
....Iop Md promote the community UIe of Public Access Channel 10 and future
,*...unialliona medica In . non- dilcrinlnatory manner that promotes . free exchange
at..... end II lonnation. Thia shall Include '**'1IInIIIng the Rules and Pr0cedtn8 for
..-c ACla... CablecatlhQ, m.....1ng the lcheduling of pqtW1'Ia resolving dilputea
Md promol"l public pafIdpation in freedom of speech"
~ A Di Carto
112 EI""'''''' St,
... ChrtItI, T_ 784G4
... 381 .. 8D88
..... 381......7537
~I8CRllED AND SWORN TO BEFORE ME on the i!i- day of
... to -WYwhlchwftnlll my hend and .....
- - - -
.- .- -- --
Nof8ry Public In and for
the State of Texas
q ~ !':::r:"1aaion ~rea:
r '"
I
~ e MARGARET ROGERS
: Notary PubliC
~ State of Texas ~
j My CommISIIon Expns
Septe~r21, 2006 .
-;..... ---
oc: Cable Convnunication Commission
Susan Cable
MIlt Di CIdot1IIacIInl .....110 PAClotlGfJ. 3'-"0l-2I-06
'~
PO Box 9277
CorpUI Chrilti, TeX81 78489
Bntnt Cheaney
1201 leopaId St.
Corpus Chrilti, Te.. 78401
Melody Cooper
2801 Santa Fe
Corpu. Chrilti, TexaI78404
Jeny Garcia
3510 ROIadown Drive
Corpus Chrietl, T8XIII 78418
Bill Kelly
1201 l.eopaId St.
Corpus ChrilU, Texas 7&401
John Marez
1201leopeld St.
COrpua Chriltl, T... 78401
...... NoyolI
1201 Leopald St.
Corpus Chrtlti, Texas 78401
Mart< Scott
1201 leopaftt St.
Corpus Chrllti, Texas 78401
Rex Kinniaon
1201 leopMt St.
Corpus Chrllti, Texaa78401
u.. Aguilar
CIty Attorney
1201 Leap_ Sl
Corpus Chrlltl, Texas 78401
..
MlltDiClrlol 1r 4...toPAClCOIIIp. 3~~
-.....-
13
_,_c_.; ""'_"..", ...~.~~.~_ .....__
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 10. 2006
AGENDA ITEM:
Motion approving the 2006 Tax Levy of $68,230,748 based on the adopted tax rate of$0.602372
per $100 valuation. in accordance with Section 26.09 (e) of the Texas Property Tax Code.
ISSUE: Section 26.09(e) of the Texas Property Tax Code requires the assessor to submit the unit's
tax levy to the governing hody for formal approval.
RBQUIRED COUNCIL ACTION: Approval of motion approving the 2006 tax levy as submitted.
PREVIOUS COUNCIL ACTION:
. Tuesday, July 25, 2006 City Council adopted the City budget for FY 2006-2007 based on
the proposed tax rate of $0.607406 per $100 valuation.
. Tuesday, July 25,2006 - City Council voted to schedule September 12,2006 for adoption of
the ad valorem tax rate of$0.607406, and scheduled two public hearing on the proposed ad
valorem tax revenue increase.
. Tuesday, August 22, 2006 -- City Council conducted a public hearing on the proposed ad
valorem tax revenue increase.
. Tuesday, August 29,2006 -- City Council conducted a second public hearing on the proposed
ad valorem tax revenue increase.
. Tuesday, September 12, 2006 .- City Council adopted an ordinance' setting a tax rate of
$0.602372 per $100 valuation.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the 2006 Tax Levyof$68,230,748.
~~ ()~
Cindy O'Brie
Director of Financial Services
Attachments:
Btckground information
Certification of Tax Levy for Tax Year 2006
~
BACKGROUND INFORMATION
The Texas Property Tax Code establishes rules for approval of the tax levy. Section 26.09(e) of the
Code requires the assessor to submit the unit's tax levy to the governing body for approval. The tax
levy is the amount of current taxes to be collected for FY2006-2007, which is derived by applying
the adopted tax rate to the certified appraisal roll.
The tax levy for 2006, based upon a tax rate of$0.6023 72 per $100 valuation and a taxable value of
$11,435.026.714. is as follows
T ax LevY
$46.105.685
22.775.714
$68.881.399
( 650.651 )
$68.230.748
Component
Supporting the City's maintenance and operations
Supportmg the City's debt service
Less Over-65/Disabled Homestead Frozen Levy Loss
2006 Ad Valorem Tax Levy
Tl1e 2006 tax levy reflects an increase of $2,993,495 over the 2005 tax levy of$65,237,253 and is
primarily due to the growth in valuations relating to new properties. FY2006-2007 reflects the effect
of the second year of implementation of the over-65/disabled homestead tax freeze. The loss of tax
levy due to the tax freeze IS $650,651, which compares to a loss of$396,701 reported in FY2005-
2006.
In the FY2006-2007 budget adopted by the City Council on July 25,2006, the total tax levy allocated
to the General Fund and the Debt Service Fund was $68,879,883, or $46,294,169 and $22,585,714,
respectively. These amounts were reduced by estimated delinquent collections (3.6%), the City's
portion of the estimated Reinvestment Zone No.2 levy, and the estimated levy loss from the tax
freeze to arrive at the adopted FY 2006-2007 current ad valorem tax budget of $43,896,097 for
General Fund and $21,416,789 for Debt Service Fund. The tax collection rate, as reported on the
July 2006 Tax Collector Monthly Report from the Nueces County Tax Office, reflects a current tax
collection rate of 97.3%, leaving delinquencies at 2.7%, which is 9/l0th of a % less than the
collection rate of3.6% used for calculation of the FY2006-2007 budget. The law firm of Linebarger
Goggan Blair & Sampson has the contract with Nueces County to collect delinquent tax accounts.
This past year they have been very aggressive in their collection efforts, as reflected in the higher
percentage of collection rate. They have pledged to continue in their aggressive collection efforts in
the upcoming year
After applying the actual loss as a result of the tax freeze as well as adjusting the delinquent tax
collections rate to 3%, the revised amounts calculated for General Fund and Debt Service Fund ad
valorem tax revenues are higher than amounts included in the FY2006-2007 budget by $9,543 and
$272,127. respectively. Since current budgeted revenues are sufficient to cover the effects of the
freeze reduction. a budget amendment will not be necessary.
'....,.
~c.--
90. .7 SuiU .301
Corpus .. ,. 78401-3684
9{amiro u9{onnieJJ Canaks
~or anti Coflutor
Of~
witt: (361) 888-0.307
fa;G (361) 888-0218
TCtz1UZlalrm.--~.at3.1I4t
CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2006
CITY OF CORPUS CHRISTI
Total Appraised Value @ 100% of Market Value
Less: Partial Exemptions
Ag-Use account value loss and abatements
T otili Net Appraised Vaha€:
Assessment Ratio
Total Taxable Value
2006 Adopted Tax Rate
2006 Ad Valorem Tax Levy
Less: Over-651Disabled Homestead Frozen Levy Loss
2006 Ad Valorem Tax Levy
$13,427,778,860
$1,992,752,146
$11,435,026,714
1 ()()Ole
SII,435,026,714
.602372 /$100
S 68,881,399.12
$650,650.57
S 68,230,148.55
Submission of the Tax Levy for 2006 for approval by the City of Corpus Christi City Council
in accordance with Section 26.09(e) of the Texas Property Tax Code.
~,e~
Ramiro R. Canales, CT A
Nueces County
Tax Assessor-Collector
SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this 28th
day of September, 2006.
e'" LETIC'E l' ACEVEDO
-:*.:. MV' r:!c':-.$SION EXPIRES
....... ~.. 19 2009
~::~j'--::.;;:"..
THE STATE OF TEXAS
COUNTY OF NUECES
~~/
Notary Public, State of Texas
The Tax Levy is hereby approved by the
on this _ day of October, A.D., 2006
City of Corpus Christi City Council
A TIEST:
Annando Chapa, City Secretary,
City of Corpus Christi
~c....._.y",_
Henry Garrett,Mayor,
City of Corpus Christi
14
CITY COUNCIL
AGENDA MEMORANDUM
October 10,2006
MENDA ITEM: A resolution amending Resolution 026965 which outlined the terms of the
beech access plan for the approximately 7,200-foot public pedestrian-safe beach between
Packery Channel and the north boundary of Padre Balli Park upon approval of the public
pedestrian-safe beach by the voters to include additional provisions for public access to the
south jetty of Pckery Channel
ISSUE: Whether the terms of the beach access plan for the proposed public pedestrian-safe
beach, extending approximately 7,200 feet between the south jetty of Packery Channel, along
the Padre Island seawall, and to the north boundary of Padre Balli Park, should be amended to
include the requirement that the 30-vehicle parking lot adjacent to the south jetty of Packery
Channel be open to the public at all times and to include the requirement that the system to
move people between the beach parking lot and the south jetty of Packery Channel be sufficient
to move their recreational equipment and be operated at all times, except at times of negligible
demand, as requested by the General Land Office.
REQUIRED COUNCIL ACTION: Adoption of proposed resolution.
PREVIOUS COUNCIL ACTIONS:
February 28, 1995 - adoption of Dune Protection and Beach Access Plan, an element of
Comprehensive Plan.
December 17, 1996 - adoption of resolution authorizing sale and purchase agreement
with Asset Development Corporation for acquisition of property along the seawall for
public parking and related public uses. (Implementation of SB 1688.)
April 20, 2004 - adoption of Mustang-Padre Area Development Plan, an element of
Comprehensive Plan.
September 13, 2005 - adoption of motion authorizing the City Manager or his designee
to execute a construction contract with Haas Anderson Construction, Ltd., of Corpus
Christi, Texas in the amount of $458,618.20 for the Total Base Bid and Additive
Alternate NO.3 for the Packery Channel South Parking Lot Improvements.
October 18, 2005 - adoption of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
October 25, 2005 - repeal of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park
January 2006 - completion of the Padre Island seawall parking lot.
March 21, 2006 - proposed ordinance passed to second reading.
_. .-
March 28, 2006 - ordinance adopted restricting vehicles from the beach between
Packery Channel and Padre Balli Park and ordinance adopted calling a special election
to consider an amendment to the Charter to require a public referendum prior to further
restriction of vehicular access to the public beach.
June 29, 2006-referendum petition submitted on ordinance restricting vehicles from the
beach between Packery Channel and Padre Balli Park.
JUly 18, 2006-referendum petition certified.
August 3, 2006-Charter amendment petition submitted to prohibit vehicular access to
the Gulf beach unless approved by a majority vote at an election held for that purpose.
August 17, 2006-Charter amendment petition certified.
August 22, 2006-passed to second reading, both, the repeal of the March 28,2006,
ordinance restricting vehicles from the beach between Packery Channel and Padre Balli
Park and the amendment of the ordinance calling the Charter amendment election to be
held on November 7, 2006, presenting the issue of establishing the public pedestrian-
safe beach and requiring voter approval before any future pedestrian-safe beach is
created.
August 29, 2006-adoption of ordinance repealing the March 28, 2006 ordinance
restricting vehicles from the beach between Packery Channel and Padre Balli Park;
adoption of the ordinance amending the ordinance to call the Charter amendment
election on November 7,2006; and adoption of Resolution 026965 outlining the terms of
the beach access plan for the 7200-foot public pedestrian-safe beach.
September 28, 2006-letter from Texas General Land Office requesting clarification of
public pedestrian-safe beach access amenities.
FUNDING: N/A
RICOMMENDATION AND CONCLUSION: Staff recommends Council approval of the
proposed resolution amending Resolution 026965 which outlined the terms of the beach access
plan for the approximately 7,200-foot public pedestrian-safe beach between Packery Channel
ancJ the north boundary of Padre Balli Park upon approval of the public pedestrian-safe beach
by the voters to include additional proVisions for public access to the south jetty of Packery
Channel.
~1AOn~
Gary W. Smith
Assistant City Attorney
.......
BACKGROUND INFORMATION
The North Padre Island seawall was constructed in the late 1960's and, after a court settlement
between the seawall owners and the State of Texas represented by the Texas General Land
Olice in 1974, beach access and parking in the area has always been in question. In the early
1990's, two issues came together that became the driving factors for the resolution of the
seawall issues.
Both issues arose because of the eroding beach in front of the seawall. As the beach narrowed,
it became practically impossible to have parking, vehicular movement and beach usage at that
location Secondly, the state's 200 foot rolling beach easement slowly moved westward to the
point that it infringed on the private property west of and adjacent to the seawall and for all
prllCtical purposes stopped all development or sale of the property because of the inability to
a~uire title insurance. During 1992, 1993, and 1994, City staff, City Council and various
boerds and commissions of the City met with all of the interested groups including
representatives of members of our legislative delegation to reach some consensus.
On May 8, 1995, S81688 was passed by the Texas Legislature and subsequently signed by the
Governor. That bill sought not only to take care of the parking and access issue of the beach
but also to protect the private property interests behind the seawall. The bill provided that the
line of vegetation would be designated along the seaward side of the seawall provided that:
A. a perpetual easement has been granted in favor of the public affording pedestrian,
noncommercial use along and over the entire length of the seawall and adjacent
sidewalk by the general public;
8. fee title to the surface estate to an area for public parking and other public uses
adjacent to the seawall has been conveyed to and accepted by a public entity, which
area contains sufficient acreage to provide at least one parking space for each 15
linear feet of the seawall, is located within the center one-third of the length of the
seawall, and has frontage on the seawall for at least 300 linear feet; and
C, permanent roadway easements exist within 1,000 feet of each end of the seawall
affording vehicular access from the nearest public road to the beach.
The conditions were met by the property owners along the seawall providing both a perpetual
easement for the public on the seawall and by providing a roadway easement on the north end
of the seawall (a public roadway already existed on the south end of the seawall). In addition,
the property owners raised $450,000 to purchase sufficient property to provide to the City for
public parking. Unfortunately, the only piece of property that could be purchased lay on the
edle of the center third of the seawall and, after discussions with the Attorney General's office.
H12847 was passed on April 25, 1997, which amended S81688 to allow for property within the
center third of the seawall or within 300 feet thereof,
It was the understanding of everyone concerned with the issues that once the parking was
constructed and the beach access on both ends of the seawall put into place, that the City
would restrict vehicular traffic from in front of the seawall. The City Council had clearly declared
that intent in the adoption of dune protection and beach access regulation on February 21,
1995. Various state agencies offered assistance in finding funding for the parking; however,
none was forthcoming
-
On April 7, 2001, the voters of the City of Corpus Christi approved the creation of a Tax
Incremental Financing (TIF) District to undertake the Packery Channel project. Included within
the TIF district were two projects, Packery Channel and construction of the seawall parking
area.
Afar exhaustive public hearings on a comprehensive plan for Mustang and Padre Islands, on
April 20, 2004, the City Council adopted the Mustang-Padre Area Development Plan that
!nctuded policy statement C.15, which stated:
The highest priority for provision of beach parking is on existing City land located
adjacent to the seawall for a 300-space parking lot. In order to create a safe day-
use beach area in front of the seawall, traffic will be prohibited once a public
parking area is constructed.
On Tuesday, September 13, 2005, the Corpus Christi City Council unanimously approved a
construction contract in the amount of approximately $450,000 to construct the parking on the
City property on the seawall as had been contemplated for over 10 years. Construction of the
parking lot was completed in early 2006
Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office,
under the authority of the Texas Open Beaches Act, authorizes local governments, with the
prier approval of the General Land Office, to close portions of the public beach to vehicular
traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for
each 15 linear feet of beach that is closed.
The City has constructed the parking lot that will accommodate cars in excess of the minimum
number required by the Beach and Dune Rules, and the parking lot is adequate to provide
parking for at least one car for each 15 feet of beach seaward of the concrete seawall where it is
proposed to eliminate vehicular traffic. (The minimum number of required parking spaces is
282.) Ingress and egress access to the beach is provided for vehicles at each end of the
seewall, and access to the beach is provided for pedestrians along the entire length of the
seawall by a perpetual easement that has been granted in favor of the public affording
pedestrians noncommercial use along and over the entire length of the seawall and adjacent
sidewalk
Once a public pedestrian-safe beach is established in front of the seawall, signs will be
conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and
access points
The establishment of a public pedestrian-safe beach on that portion of the publiC beach
seaward of the Padre Island seawall will provide a family safe area for the public to use the
beach without being exposed to the dangers posed by vehicles driving on the beach; and the
putlic's right to access is protected by the existing access and the availability of public parking
adl8cent to the public beach and seawall.
An accessible ramp from the parking lot to the seawall has been constructed and staff has
prllPared the engineering plans for an accessible ramp from the seawall to the beach. The
prOject is currently under contract.
DEWelopments have been proposed for the area adjacent to the beach, south of Packery
Ctwnnel and north of the Padre Island seawall, and for the area adjacent to the beach and
south of the Padre Island seawall. The developers have represented to the City and publiC that
,..
the developments are not feasible if beach adjacent to each development is not established as
a public pedestrian-safe beach.
The completion of the Packery Channel improvements and the development of the two areas,
coupled with the popularity of that section of public beach between Packery Channel and Padre
Bali Park, will greatly increase the use of the beach segments. An overwhelming public safety
issue will be created by the mix of high intensity pedestrian use of the beach and vehicular
traffic on the beach
The establishment of a public pedestrian-safe beach area between Packery Channel and the
notth end of the Padre Island seawall will be contingent on substantial progress toward the
construction of a resort development adjacent to the beach (including obtaining financing,
approval of a master plan, issuance of permits for the construction, and construction of resort
development), dedication of a right-of-way to provide access to the beach, establishment of a
system to move people, construction of sufficient parking lots, and construction of amenities for
beach-goers.
The establishment of a public pedestrian-safe beach area between the south end of the Padre
Island seawall and the north boundary of Padre Balli Park will be contingent on substantial
progress toward the construction of a residential resort community adjacent to the beach
(including obtaining financing, approval of a master plan, acceptance of infrastructure, and
issuance of permits for the construction of residential resort development), establishment of a
system to move people, construction of a sufficient parking lot, and construction of amenities for
be8ch-goers.
The proposed resolution amends Resolution 026965 which outlined the terms of the beach
access plan for the approximately 7,200-foot public pedestrian-safe beach between Packery
Chennel and the north boundary of Padre Balli Park upon approval of the public pedestrian-safe
beach by the voters to include the requirements that the 30-vehicle parking lot be open to the
public 24 hours per day, seven days per week and that the system to move people from the
beech parking lot to the south jetty of Packery Channel be sufficient to move their recreational
equipment and be operated at all hours, except at hours of negligible demand.
_...~
Page 1 of3
RESOLUTION
AMENDING RESOLUTION 026965 WHICH OUTLINED THE
TERMS OF THE BEACH ACCESS PLAN FOR THE
APPROXIMATELY 7,200-FOOT PUBLIC PEDESTRIAN-SAFE
BEACH BETWEEN PACKERY CHANNEL AND THE NORTH
BOUNDARY OF PADRE BALLI PARK UPON APPROVAL OF
THE PUBLIC PEDESTRIAN-SAFE BEACH BY THE VOTERS TO
INCLUDE ADDITIONAL PROVISIONS FOR PUBLIC ACCESS TO
THE SOUTH JETTY OF PACKERY CHANNEL
WHEREAS, City Council adopted Resolution 026965 to set forth the terms of the
proposed beach access plan for the approximately 7,200-foot public pedestrian-
safe beach between Packery Channel and the north boundary of Padre Balli
Park upon approval by the voters to provide the opportunity for an alternative
beach experience free of the usual vehicular traffic; and
WHEREAS, the Texas General Land Office has requested clarification to the
proposed beach access plan to include an assurance that the 3D-vehicle parking
lot adjacent to the south jetty of Packery Channel be open to the public 24 hours
per day, seven days per week, and that the system to move people between the
beach parking lot and the south jetty of Packery Channel be adequate to move
the people and their recreational equipment and that the system will operate at
all hours, except at times of negligible demand.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That Section 1 "Public pedestrian-safe beach areas," "Public
pedestrian-safe beach access amenities" of Resolution 026965 is amended to
read as follows:
Public pedestrian-safe beach areas.
*
*
*
Public pedestrian-safe beach access amenities.
In order to provide for full public access to the public pedestrian-safe
beach and to meet Texas General Land Office beach access
requirements, certain amenities will be provided to enhance the alternate
beach experience and provide for the comfort and welfare of the beach-
goers
*
*
*
H Leg-Dir/gws/agenda/?006/08-2Q/Res/Beach Access P)an061 0 1 0
'-
Page 2 of3
(C) A parking lot of at least 30 parking spaces adjacent to the south side of
Packery Channel with access to south jetty of Packery Channel be
open 24 hours per day. seven days per week.
*
*
*
(g) A system adeauate to move people and their recreational eauipment
between the north beach parking lot and the amenities along the south
jetty of Packery Channel, provided in cooperation with the developers
of property adjacent to the public pedestrian-safe beach area. The
system shall operate at all hours except at times of nealiaible demand.
.
*
*
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
Assistant Secretary
Henry Garrett
Mayor, City of Corpus Christi
Approved as to form: October 3,2006.
~~iL
Gary . Smith
Assistant City Attorney
F or the City Attorney
H:Leg-Dir/gws/agenda/2006/08-29/ReslBeach Access Plan061010
......',...,''''.....
Page 3 of 3
Corpus ChristL 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
Mark Scott
H:Leg-Dir/gws/agenda/2006/08-29/Res/Beach Access Plan06] 0] 0
15
--'-' ...-""-~. --'~.'-"""~
CITY COUNCIL
AGENDA MEMORANDUM
COUNCil ACTION DATE: October 10. 2006
AGENDA ITEM: Determining a public necessity to acquire fee simple title to the surface
estate only to a tract of land containing 16.839 acres out of a 45.15 acre tract of the
Enriquez Villarreal Survey A-1, and the Jose Maria Bargass Survey A-17, from the owner,
F"'t Hill Resources, lP, for the public purpose and use as a wastewater treatment plant
and other related sewage system purposes: and authorizing the City Manager and the City
Attorney to obtain the acquisition by means of negotiations or by exercise of the City's
power of eminent domain.
ISUE: On February 28,2006, City Council authorized City staff to enter into negotiations
to purchase the Flint Hills Tank Farm site (Site 4) for the location of the new Broadway
Wastewater Treatment Plant. The acquisition process in underway and City staff requests
City Council approval of a resolution declaring this project as a public necessity and
authorizing acquisition of the site by means of negotiations or eminent domain
proceedings. The resolution establishes a public purpose and necessity as required by
the Texas Property Code, Chapter 251, Right of Eminent Domain.
FUNDING: No funding IS required at this time.
RlCOMMENDATION: Approval of the resolution as presented.
r
~. ~<::...,.~~~/o-~O~
F0i6ter Crowell
Director of Wastewater
~JII!P.f:, -k 'Y~~
g R. Escobar, P. E.
i;ect~r of Engineering Services
Alachments:
Exhibit A.
Eldlibit B.
E>lhibit C.
Background Information
Proposed WWTP Site map
Resolution
H:~ME\EUSEBIOG\GEN\Agenda Items\Broadway WWTP - New Plant & Diversion\Agenda Memorandum.doc
~
BACKGROUND INFORMATION
~ECT: Broadway Wastewater Treatment Plant, New Plant and Diversion (#7293)
Resolution for New Site Acquisition
fIIOR COUNCIL ACTION:
1. Auaust 18. 1998 - Motion authorizing the City Manager, or his designee, to execute
an engineering services contract with Govind & Associates, Inc. in the amount of
$329,853 for engineering services associated with the Airport Ditch Outfall
Improvements and Broadway Plant Lift Station and Diversion to Greenwood
PlantlNueces River Delta. (M1998-285)
2. Mav 5. 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.3 to an engineering services contract with Govind & Associates,
Inc. in the amount of $43,010 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantlNueces River Delta. (Motion No. M2001-189)
3. October 30.2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.5 to an engineering services contract with Govind & Associates,
inc. in the amount of $48,560 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantlNueces River Delta. (Motion No. M2001-409)
4. Aoril16. 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.6 to an engineering services contract with Govind & Associates,
Inc. in the amount of $99,112 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlanUNueces River Delta. (Motion No. M2002-099)
5. Julv 8. 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in
the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion
Project -- 36"/48" Diameter Gravity Line and Lift Station. (Motion No. 2003-239)
6. December 16. 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to
exceed $62,338 for the 24-lnch Gravity Sewer Line along Antelope Street between
Palm Street and Doss Street. (Motion No. M2003-447)
7. November 16. 2004 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi,
Texas, for a total fee not to exceed $39,044 for a total restated fee of$1 ,378.811 for
the Antelope Street and Salt Flats Area 36-lnch/48-lnch Wastewater Gravity
Interceptor Project. (Motion No. 2004-429)
8. March 29. 2005.- Ordinance approving the FY 2005 Capital Budget in the amount
of $178,074,800. (Ordinance No. 026188)
9. February 28. 2006 - Motion authorizing the City Manager or his designee to enter
into negotiations to purchase Flint Hills Tank Farm site (Site 4) for the location ofthe
new Wastewater Treatment Plant. (M2006-071)
EXHIBIT A
10f3
.....
~: Broadway Wastewater Treatment Plant, New Plant and Diversion (#7293)
Resolution for New Site Acquisition
fIIOR ADMINISTRATIVE ACTION:
1. Seotember 10. 1999 - Administrative Amendment NO.1 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a
total restated fee not to exceed $334,313, for archaeological survey services for the
Airport Ditch Outfall Improvements.
2. June 27. 2000 _. Administrative Amendment No. 2 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $9,480 for a
total restated fee not to exceed $343,793 to evaluate alternate pump station
locations.
3. June 19. 2001 - Administrative Amendment No. 4 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $14,010 for a
total restated fee not to exceed $400,823, to evaluate alternate pump station
locations.
4. Mav 22. 2002 - Administrative Amendment NO.7 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $24,650 for a
total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment
Plant Diversion Project.
5. November 14. 2002 - Administrative Amendment NO.8 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a
total restated fee not to exceed $591 ,340, for the Broadway Wastewater Treatment
Plant Diversion project.
6. December 24.2002 - Administrative Amendment NO.9 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $24, 880 for a
total restated fee not to exceed $616,220. for the Broadway Wastewater Treatment
Plant Diversion project.
7. February 6. 2003 - Administrative Amendment NO.1 0 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $1,300 for a
total restated fee not to exceed $617.520, for the Broadway Wastewater Treatment
Plant Diversion project.
8. AUQust 29, 2003 - Administrative Amendment No. 12 to an engineering services
contract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total
restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment
Plant Diversion project.
9. Aoril 19. 2004 - Administrative Amendment No. 14 to an engineering services
contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for
a total restated fee not to exceed $1.323,379, for the Broadway Wastewater
Treatment Plant Diversion project.
10. Julv 25.2006 - Executive session under Texas Government Code Section 551.071
to receive legal advice regarding acquisition or real property for new Broadway
Wastewater Treatment Plant, with possible discussion and action related thereto in
open session
EXHIBIT A
20f3
""""""",""_."",,",,,
BlTURE COUNCIL ACTION: Council will be requested to authorize the necessary land
acquisition, engineering and construction contracts to:
1. Purchase land for the new plant or in the event of eminent domain, approve
payment of the Special Commissioners Award.
2. Environmental and mitigation contracts;
3. Design and construct new plant and lines; and
4. Demolish existing plant.
fIOJECT BACKGROUND: The 1997 Council approved Facilities Implementation Plan
recommended diversion of the wastewater stream from the Broadway Wastewater
Treatment Plant (WWTP) to the Greenwood Plant. At a City Council meeting held
January 29,2002, staff was instructed to proceed with Broadway Wastewater Treatment
Ptant Diversion Option #3 which was to construct a new wastewater treatment plant in the
industrial area. On April 16, 2002, Council approved a contract amendment with Govind
E.C. for the purpose of identifying and assisting in the acquisition of a replacement WWTP
site. A 16.839-acre site, owned by Flint Hills Resources, LP, was identified as a suitable
location for construction of a new WWTP facility. Council approval was granted to City
staff on February 28. 2006 to enter into negotiations with Flint Hills Resources, LP.
As part of the acquisition process, a resolution is needed to recognize the public necessity
of this project and to establish the public purpose of the acquisition. The resolution also
authorizes City acquisition of the site by means of negotiations and if necessary, by
eminent domain proceedings. Under the Texas Local Government Code, Chapter 251, a
municipality may exercise the right of eminent domain only for a public purpose.
H:\HOME\EUSEBIOG\GEN\Agenda Items\Broadway WWTP - New Plant & Diversion\Background.doc
EXHIBIT A
30f3
.....
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LOCAfJON IMP
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CITY ~ ~ECT 110. 72D
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PROPOSED ~~ T.P. SITE
1'._ ACRES
CRY OF CORPUS c:HIS1l. lD'AS
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PASE: 1 of 1
&MlE: Gl-2'-.zooe
EXHIBIT B
RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE
SIMPLE TITLE TO THE SURFACE ESTATE ONLY TO A TRACT
OF LAND CONTAINING 16.839 ACRES OUT OF A 45.15 ACRE
TRACT OUT OF THE ENRIQUEZ VILLARREAL SURVEY A-1,
AND THE JOSE MARIA BARGASS SURVEY A-17, FROM THE
OWNER, FLINT HILL RESOURCES, LP, FOR THE PUBLIC
PURPOSE AND USE AS A WASTEWATER TREATMENT PLANT
AND OTHER RELATED SEWAGE SYSTEM PURPOSES; AND
AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO OBTAIN THE ACQUISITION BY MEANS OF
NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF
EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a wastewater
Improvement project to build a new wastewater treatment plant for the
wastewater treatment and utility improvements that service the City.
WHEREAS, the wastewater treatment plant project has entered into the
acquisition phase
WHEREAS, the City of Corpus Christi has determined that there is a public
necessity for the new wastewater treatment plant, and has determined that
there is a public necessity for the acquisition of property rights, consisting of
fee simple title In land that will be used for this project, as shown and
described in Attachment "A"
WHEREAS, the City of Corpus Christi has authorized acquisition by means of
negotiations or eminent domain proceedings in acquiring the property.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS
SECTION 1. That the City Council of the City of Corpus Christi hereby
determines that there is a public necessity for a wastewater treatment plant
and related sewage system facilities, and that it is necessary for the public
welfare and convenience to acquire the fee simple title to the surface estate
of the land shown and described in Attachment "A" (the subject property) from
the owner, Flint Hill Resources, LP (the City seeks to acquire no oil, gas, and
mineral rights), for the public purpose of the new wastewater treatment plant
and related sewage system facilities to be used for the said wastewater and
utility improvement project
H:\LEG-DIR\VeronlcaO\ 1 ENGINEERING\AGENDA ITEMS\V0061 01 006 RESO.Flinthills.doc
~-,------
SECTION 2. That the City Manager and the City Attorney are authorized
to act on behalf of the City to acquire the subject property, either by
negotiated purchase or by filing or causing to be filed condemnation
proceedings under Texas law in the event the consideration to be paid for the
taking cannot be agreed upon by negotiation.
SECTION 3.
That this resolution shall take effect immediately.
SECTION 4. Severability: If any provision, section, subsection, sentence,
clause, or phrase of this Resolution, or the application of the same to any
person or set of circumstances is for any reason held to be unconstitutional,
void, or invalid, the validity of the remaining portions of this Resolution shall
not be affected thereby, it being the intent of the City Council in adopting this
Resolution that no portion hereof, or provisions or regulation contained
herein, shall become inoperative or fail by reason of any unconstitutionality or
invalidity of any other portion hereof and all provisions of this Resolution are
declared to be severable for that purpose.
ATTEST
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPRO~Ef AS TO FORM:
By: "'J.lj{V\AilLrO ~
Veronica Ocanas
Assistant City Attorney
For City Attorney
H:\LEG-DIR\VeronicaO\ 1 ENGINEERINGIAGENDA ITEMS\V006.1 01 006.RESO.Flinthills.doc
-
___day 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
Mark Scott
H:\LEG-DIRIVeronicaO\' ENGINEERING\AGENDA ITEMS\VO 06.101 006RESOFlinthills.doc
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CORPUS CHRISJ1 MY
LOCATION IIAP
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CITY.~No. 7213
VICINITY flAP
NDr 7D SOU
CITY OF CORPUS CtIfIS7l. JE:XAS
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!MID 08-21-2lllI5 n
PROPOSED ~~ T.P. SITE
11.831 ACRES
. -- . ....... ...... 1- ... I.
-
A '6.'" ac~. c~ac;t of laa'. 11t8&t".1" tbe Icac. of 'I...... CfodC' .
of ....... b.l.. .. po~tlOD of . ., .15 .C1" cl'a.t 01 laM ,,, eM
....,.... Del ~." .ri..... "I\ar.al h".7. A-I...' cla.J,o,' Marta
..~I lune,. 1.-17. .a" 45.15, aC1'1 tract of la.d ..i.. ...c~l".
1. .' .... fro. IIobil Oil Corpo'taCi- co -Kobll ff.,. Lilli co.,.D,.
4l.'" 3all1l&I'1 '7. 1"0. recor". i8 '01... 1'60, ,a.' "'. Ie,.
....1'... Iu.OII Couftty,'~''''. ,al' 16.1" aere t'tacC of la.. ,.1..
~ "'tticularl, ...er1~.. AI roll..-.
'.1"'1. at A 1/2 inch Iroa 1"04 let fot' th. Dort..'c coraer 01
... .5 .15 .c~. traet. of 1.... . -con.r of ehe ...c.. COUIIC7
.....tl.. DI.trlct 10. 1 ~~act, ... tbe Dort""..t cOl'ft~r of tla.
....lD ..aol"i'.. tr..t of 1....
~.-ca ....'6.00..1. 'a10DI tbe ul'th 11.1 of ..ld 45.15 ael'. cract
... c", ..tll llal of the Iu.oe. CouDC, 'a91..aei- Diatl'l.ct .0.
I e,act. . di.t... of 770.1S f..' co . 1/2 i.c" irOD rod ..e for
c....rl ,I :
,,~ 100.56'01"1. . dl.CaDCI of 1055.02 r..e to a 1/2 lack il'oa
""' ..C for COnlll' ,1. a aovth Ii.. of .at.' 4' .15 acr. tract ..d
ita che aort1l l'ipt-of7va, 1181 of tM ',ft Aat_io. hald. ... Gulf
.ilr'" (iOO' wi"",
.. CI r/,.OO'OO"V.' .10"1 .al. aortla ript-of-.., Ii... · diitaace
., 716.S0 f..t to a 1/2 lach iron I'M i.t ..rtl.. the .o.t....t
.....~ of .af.. .5.15 .cr.'~ract'
..c:a 101.24'.00''''. .IODI tla. ...t liD. of ..i4 45.15 aer' Cl'act.
. .l.c... of "'.44 f..t. _1" or 1.... to tta. polDt of Mliulq
aM ooacalai. 16.,.39 acr.. of 1..... .1. 01' J.... .a:&.. 16 .IS' .c~'
Cract of 1... ,hon em ,\.c ..1iL.. Ixbiblt "AW ace-achell ".r.Co aad
..... a part b~flOf.
ATTA"I-IUI=NT "a"
......
16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Junior League SkatePark Committee presentation regarding the
construction ground-breaking scheduled to begin the week of October 9, 2006.
STAFF PRESENTER(S):
Name
1. N/A
2.
3.
Title/Position
DeDartment
OUTSIDE PRESENTER(S):
Name
Title/Pos ition
Oraanization
1. Barbara Milfelt
2.
Junior League
ISSUE:
BACKGROUND:
The Skatepark construction ground-breaking is scheduled to begin the week
of October 9, 2006.
RIQUIRED COUNCIL ACTION:
N/A
nature)
Actditional Background
Exhibits
~-----~
17
...........;.....~
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
A.ENDA ITEM: Corpus Christi Convention and Visitors Bureau Quarterly Report
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1. Foster Edwards
2. Keith Arnold
Chairman
CEO
CVB Board
CVB
K8Ih Arnold, Interim CEO. will update the City Council on the organization's past year's activities
and successes as they pertain to the scope of services outlined in the contract between the cve
and City of Corpus Christi. Keith will also provide a brief overview on plan of action for the
cUlrent fiscal year.
Points to be addressed are as outlined below.
· Solicitation of organizations/associations to conduct meetings/conventions/tradeshows
within Corpus Christi year-round
· Advertising/marketing strategies to promote the City of Corpus Christi as a desirable year-
round meeting/convention destination
· Promotion of the City of Corpus Christi as a year-round leisure travel destination through
information services, website, consumer travel shows, motor coach/group tour trade
shows, fulfillment of all requests by email, phone inquiries, advertising leads, publiC
relations, special promotions and packaging
· Advertising Initiatives as they relate to target markets for both leisure and
convention/meetings segments
· Support services for conventions including on-site registration assistance, information
tables, literature, maps, name badges and other items
· Visitor information centers functions including referrals/directions to attractions, hotels,
restaurants, recreational venues, statistics regarding number of visitors
welcomed/assisted. literature requests fulfilled, retail sales activity
· Website enhancements, unique visitor'reports
· Research and accountability initiatives
og~ t?l~
Assistant City Manager
.""....,..,"'''-''''
18
~,.,,_.-
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Conceptual Design Presentation - Bayfront Master Plan Implementation Phase 1.
STAFF PRESENTER(S):
Name
1. Ronald F Massey
2.
3.
Title/Position Deoartment
Assistant City Manager
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1. Raymond Gignac
Architects
Consultant
Gignac & Associates
2.
IIISUE:
Council review of the conceptual design is required before the consultants proceeds with
development of plans, specifications and contract documents to bid construction.
~CKGROUND:
Council has previously been briefed on conceptual elements of the proposed design. The
conceptual design has now proceeded to a point that the consultants are ready to proceed
to detailed design and preparation of bid and construction documents.
REQUIRED COUNCIL ACTION:
N4>ne.
1(/ J'/p,
Date
.......
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of Red Light Camera Program currently under
consideration for implementation.
Sl"AFF PRESENTER(S):
~ame Title/Position
1. Bryan Smith Chief of Pollee
2. Joseph Harney Attorney III
3. Susan Allen Business Unit Manager
DeDartrnent
Police
Legal
Municipal Info Systems
OUTSIDE PRESENTER(S):
----!lame
Title/Position
Organization
1.
2.
lasUE:
_CKGROUND: Red Light Camera Programs are currently Implemented In
I'lIIny Texas communities as a way to promote accident prevention and Invest
In traffic safety. A program similar to those used in other communities Is
CIImtntly under review by City staff.
REQUIRED COUNCIL ACTION: None
0.-- -n f'Yl~-------
Oscar Martinez
Assistant City Manager
~itional Background
Eahibits
~o