Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 09/25/2007CITY COUNCIL AGENDA SEPTEMBER 25, 2007 Corpus Christi N1-America Cily '1111' 11:45 A.M. - Proclamation declaring the month of October as "Domestic tic iolence Awareness Month' AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 25, 2007 10:00 A.M. PUBLIC NOT C - THE S OF CELLULAR LAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS s D RING 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. Yourpresentation 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 listed desea dirigirse al Concilio y cree que su ingt s es l /mitado, habra un int rprete ingl siesparlol en Codas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office at 361- 826- 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 Chaplain Lynne Blackler, Christus Spohn Memorial. 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 Tens Mike Hummel! Council Members: Melody Cooper Larry Elizondo, Sr. Bill Kelly Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa 1. Approval of Regular Meeting of September 18, 2007. (Attachment # 1) Agenda Regular Council Meeting September 25, 2007 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Commission on Children and Youth 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 ratherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGEN A Notice _to the Public The following items are of a routine or administrative nature. The council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items wine acted upon by one vote without being discussed separately unless requested by a council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS I US MEETINGS: 3.a. (Atth/spointthe council will vote on all moti Agenda Regular Council Meeting September 25, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3.b. Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide laboratory services for the analysis of bay water samples. (Attachment # 3) 4.a. Resolution authorizing the City Manager or his designee to accept a grant of $241 ,637 from the Texas Department of State Health Services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger, and to execute all related documents. (Attachment # 4) 4.b. Ordinance appropriating a grant of $241 ,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. (Attachment ## 5) 5.b. Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachmerit ## 5) 6. Ordinance authorizing the City Manager or his designee to execute a seven -month Lease with George Edwards, d.b.a. G. Edwards Enterprises ("Lessee"), to provide concession services at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course in exchange for monthly payment of 3% of lessee's gross receipts. (Attachment ## 6) 7. Motion authorizing the! City Manager or his designee to execute a construction contract with Excel Pump and Machine, Inc., of Corpus Christi, Texas in the amount of $324 #708 for O.N. Stevens Water Treatment Plant High Service Nos. 5 and 6 Pump and Motor Assembly Rehabilitation FY 2007. (Attachment # 7) Agenda Regular Council Meeting September 25, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. PUBLIC HEARINGS: 8.a. Public hearing regarding South Guth Park land transfer to Texas A &M University-Corpus Christi for university expansion. (Attachment ## 8) 8.b. Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A & M University System for the expansion of Texas A & M University Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Attachment ## 8) ZONING CASES: (NONE) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 9. Broadway Wastewater Treatment Plant Diversion Status (Attachment # 9) 10. Americans with Disabilities (ADA) Title 11 Transition Plan and the City's Non - Discrimination Ordinance Report (Attachment # 10) 11. Fourth Quarter FY 2006-2007 Budget/Performance Report (Under Separate Cover) (Attachment # 11 ) K. REGULAR AGENDA CONSIDERATION OF MOTIONS ESOLUTIO S AND ORDINANCES: ANCES: 12. First Reading Ordinance - Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing hapter and adopting a new Chapter 31 Noise; providing for publication; and providing for penalties. (Attachment # 12) 13. Motion directing the City Manager to implement dues check -off capabilities for non - public safety city employees. (Attachment # 13) Agenda Regular Coun it Meeting September 25, 2007 Page CITY COUNCIL PRIORITY IT ISSUES (Refer to legend at the end of the agenda summary) L. ?UBLJCCOMMENT FROM _THE__A JDIENCE 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 EF IS EARLIER. . PLEASE LIMIT PRESENTATIONS TATI S T THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL NCIL 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 petiti Agenda Regular Council Meeting September 25, 2007 Page CITY COUNCIL PRIORITYISSUES _ISSUES (Refer to legend at the end of the agenda summary) 14. CITY MANAGER'S REPORT T 1 Upcoming Items 15. MAYOR'S UPDATE 16. COUNCIL AND OTHER REPORTS 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official ibuIl tin board at the front entrance to City Hall, 1201 Leopard Street, at al. p.m., September 21, 2007. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at wwwicctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 18, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hummel! Council Members: Melody Cooper Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez ABSENT John Marez 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 Reverend Allen Mosiman with Parkway Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member McCutchon. Mayor Garrett called for approval of the minutes f the regular Council meeting of September 11, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 -1 . There were no comments from the public. Council members requested that Items 3, 8, 10, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION N . 2007 -240 Motion approving a service agreement with Southwest Medical Strategies d.b.a. The Doctor's Center of Corpus Christi, Texas for occupational medical services, in accordance with Request for Proposal Number B1-0198-07, for an estimated three -year expenditure of $1 72,712 of which $43178 is budgeted for the reminder of FY 2007 -2008. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. This service will be used by all City departments. Funds are budgeted in the Liability and Employee Benefits Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting"Aye "; Marez Mare was absent. 4. MOTION NO. 2007 -242 Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2007 Festival September 1 - October 2, 2007. Minute — Regular Council Meeting September 18, 2007 — Page 2 a. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9:00 a.m., Wednesday, September 19, 2007 through 5:00 p.m., Tuesday, October 2, 2007; b. Southbound Shoreline Boulevard (full closure), from the south right - of-way of Resaca Street to the north right-of-way of Power Street, beginning at 9:00 a.m., Wednesday, September 19 through 5:00 p.m., Tuesday, October 2, 2007; c. North Water Street (full closure), between Fitzgerald and Palo Alto Street, Palo Alto Street, Fitzgerald and Resaca Street (full closures) between North Water Street and southbound Shoreline Boulevard from 8:00 a.m., Thursday, September 20 through 6:00 a.m., Monday, October 1, 2007; d. Northbound Shoreline Boulevard, (full closure), between north right -of -way line of Power Street north to the end, from :00 p.m., Thursday, September 27, 2007 through 6:00 a.m., Monday, October 1, 2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 5. MOTION N . 2007 -243 Motion approving the application from the Corpus Christi Chamber of Commerce to temporarily close the following street sections on Friday, September 2, 2007 from :0 p.m. to 11:30 p.m. for the 2007 Conquer the Coast Criterium. (Attachment ## 5) a. Schatzell Street from Upper Broadway Street to Chaparral Street; b. Chaparral Street from Schatzell Street to Peoples Street; c. Peoples Street from Chaparral Street to Upper Broadway Street; d. Upper Broadway Street from Buffalo Street to Leopard Street. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent, 6. MOTION NO. 2007 -244 Motion authorizing a permit for the temporary closure of street(s) forte Holy Family Catholic Church Fall Festival, and authorizing the City Manager or his designee to issue the permit for the festival on an annual basis upon meeting the conditions and requirements in Section 49 -17. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 7. MOTION NO. 2007 -245 Motion authorizing the City Manager or his designee to execute a construction contract with Salinas Construction, of Pleasanton, Texas in the amount of $686,980.10 forte Garcia Arts Education Center Area Street Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; M rez was absent. Minutes — Regular Council Meeting September 18, 2007 — Page 3 9.a. MOTION NO. 2007 -247 Motion approving the Second Amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement burser ent Agreement submitted by Al Development, Inc., owner and developer of South Fork Unit 4 Subdivision for the reconstruction of the existing Master Plan Lift Station No. 1 047 Greenfield by the Bay), located east of Rodd Field Road and south of Wooldridge Road. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 9.b. ORDINANCE NO, 027416 Ordinance appropriating $32,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450 -21800 -4220 to pay Al Development, inc. for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye,; Marez was absent. 11. ORDINANCE NO. 027418 Ordinance authorizing the City Manager to execute an amended Use Privilege Agreement with Contractors Safety Council of the Coastal Bend ( "Owner"), to provide for use of 81- linear feet along the east side of Southern Minerals Road public right -of -way for the installation of a private 2 -inch PVC force main. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 13. ORDINANCE NO. 027420 Ordinance abandoning and vacating a 1 ,968- square foot portion of a 10-foot wide utility easement out of Lots 23-30, Block S, Don Patrioio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owners, Trabarr Partners, LTD and Watch Dog Gate Security, LTD to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting ,Aye "; Marez was absent. 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an amendment to the lease agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport; providing for publication. Minute — Regular Council Meeting September 18, 2007 — Page The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 15. ORDINANCE NO. 027421 Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, by creating new Section 6-128, Spay /Neuter Clinic Fees; revising a reserved section reference. (First Reading 09/11/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 3 regarding a grant from the Department of Homeland Security. In response to Dr. McCutchon, City Manager Noe said the purchase included radio system improvements in conjunction with the Port of Corpus Christi. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION N . 2007-241 Motion authorizing the City Manager or his designee to accept a grant in the amount of $474,200 from the Department of Homeland Security for funding eligible under the FY 2007 Port Security Grants Program with a City match of $142,800 from the Law Enforcement Trust Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 3.b. ORDINANCE NO. 027415 Ordinance appropriating $474,20Q from the Department of Homeland Security in No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department with a City match of $142,800 from the Law Enforcement Trust Fund An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 8 regarding Master Channel 27 Drainage Improvements. Council Member McCutchon asked questions regarding the recommendation to remove storm water from the water department and how the ditch improvements were funded. City Manager Noe said the stormwater department will be discussed during the utility rate study and the ditch improvements were funded in the Stormwater Capital Improvement Project. City Secretary Chapa polled the Council for their votes as follows: 8. -MOTION I . 2007 -246 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract, Drainage and Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership, Ltd. and Nabil Emilday, Trustee in the amount of $175,0 plus $2,500 in closing costs; for Parcels 5A, 56, 50, 6A, 6B, and 6C; all out of Lots 22, 23, and 24, Minutes — Regular Council Meeting September 18, 2007 — Page Section 20, Flour Bluff and En in l Farm and Garden Tracts; located on Brooke Road between Airline Road and Rodd Field Road; necessary for the Master Channel 27 Drainage Improvement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 10 regarding the sale of property for the Joe Fulton International Trade Corridor Project. Council Member Kelly asked questions regarding the timetable for the construction of the highway overpass and traffic control for the surrounding subdivision. Assistant City Manager Massey provided the timetable for the phases of work and said staff would discuss traffic control options with the Texas Department of Transportation. In response to Council Member Leal, Director of Engineering Services Angel Escobar said there was no expense to the City. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. O2741 Ordinance approving the sale of a .283 acre parcel of land located on the southside of Interstate Highway 37 between McKinzie Road and Carbon Plant Road, to the Texas Department of Transportation (TxDOT) for the amount of $3,538, necessary for TxDOT's construction of a flyover road to the Joe Fulton International Trade Corridor; and authorizing the City Manager or his designee to execute a Warranty Deed and other related documents for the sale of the property. An rrgry was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 12 regarding the closure of a utility easement in the Don Patricio Subdivision. Council Member McCutchon asked questions regarding whether Lynhurst Drive was a complete street: the affect of the closure to Lynhurst Drive and Woodcrest Street; and the zoning for the area. Deputy Director of Development Services Johnny Perales said Lynhurst Drive is considered a paper street and both streets would not be affected by the closure. He added that the zoning for the area is "B-4". City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 027419 Ordinance abandoning and vacating a 2,952- square foot portion of a 1 --foot wide utility easement out of Lots 17 -22 and Lots 31-36, Block 5, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Mr. Louis K. Alty, d.b.a. G &L Investments, to comply with the specified conditions. An emergency w declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. * * ***alesic*sic * ale * * Minute — Regular Council Meeting September 18, 2007 — Page 6 Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0807 -02, Grace United Methodist Church: A change of zoning from a "R-1 Bk' One- family Dwelling District to a "B -1" Neighborhood Business District on property described as Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet northeast of Leopard Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church- related thrift shop subject to five conditions. No one appeared in opposition to the zoning change. Mr. Eliondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 16. ORDINANCE NO. 027422 Amending the Zoning Ordinance, upon application by Grace United Methodist Church, by changing the zoning map in reference to Shell Poultry Acres, Block 8, Lot 6, from "R-1B" B" One - family Dwelling District to "RAMP" MP" one - family Dwelling District with a Special Permit subject to five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0807-03, Ryan McCarty: A change of zoning from an "1-2" Light Industrial District to a "B" General Business District on property described as Whelan Tract Unit 4, Block 1, Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37. City Secretary Chapa stated that the Planning Commission and staff re ommended approval of the "B-4" General Business District. Council Member Martinez expressed concern regarding conflicting information provided by the data systems used by Development Services and asked questions regarding the data systems and a timeframe for integrating the systems. Faryce Goode -Macon provided a description of the visual mapping system and the HTE narrative system. City Manager Noe said that Item 22 allowed for the purchase of software to improve the Development Services Department. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded Ely Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minute — Regular C un it Meeting September 18, 2007 — Page 17. ORDINANCE NO. 027423 Amending the Zoning Ordinance, upon application by Ryan McCarthy, by changing the zoning map in reference to Whelan Tract Unit 4, Block 1, Lot 2, from "1 -2" Light- Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cut hon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett referred to Item 19 regarding the Water and Gas Rate Study Update. Tony Bagwell, HDR Engineering, referred to a powerpoint presentation including the scope and status of the project; water customer classification and existing customer groups; water use patterns; adequacy of existing water customer classes; existing monthly minimum charge and meter ratios; adequacy of existing rate structures; a graph of the water facilities used; water cost of service and reallocation issues; gas utility financial performance; classification and existing gas utility customers; gas use patterns; gas adequacy of existing rate structure; consumption blocks; adequacy of existing customer classes; funding levels of rate stabilization; gas cost of service issues} gas utility financial stability; and future a tion . City Manager Noe stated that the go l is to implement the rate study for next fiscal year. Council Members asked questions regarding the current cost for stormwater; the cost of stormwater if expenses were shifted to in -city customers only; the current winter water average; delays due to software conversion; purchase of gas adjustments; enabling the gas rate stabilization fund; the difference between the HDR and Duncan & Associates reports on utility rates; the City's profit for the sale of gas; natural gas vehicles; discussions with developers to provide gas in subdivisions; marketing issues; and seasonal customers. Mayor Garrett referred to Item 18 regarding the overview of the Unified Development Code (UDC) Progress and Focus Group Review Update. City Manager Noe introduced Assistant City Manager of Development Services Robert Nix. Michael Gunning, Special Assistant to Development Services, referred to a powerpoint presentation including a background of the unified development code; the seven focus groups established; the status of the Signs, Parks and Landscaping Groups; the 2007 project timeline; and the list of groups still in progress. David Loeb, Member of the Signs Focus Group, said the recommendations mendation of the group include adding a sign maintenane provision; clarification of downtown signage; permitting; and definitions. Daiquiri Richard, Chair of the Parks Focus Group, provided a list of recommendations including the Community Enrichment Fund; collection of fees; and a regional concept to have larger parks that serve a greater area. Rudy Garza, Chairman of the Landscaping Focus Group, said the group decided that the current ordinance was good for the community and that the biggest challenge is code enforcement. Mr. Garza said the re ommendations of the group include positioning and frequency of parking lots; updating the plant list; water conservation; and compromise between the developer and the environment. Minutes — Regular Council Meeting September 18, 2007 — Page 8 Council Member Kelly asked whether the committee incorporated the proposed landscaping section of the UDC and if other groups supported the recommendations. Mr. Garza said the proposed section of the UDC was discussed item by item and that groups did not support some of the recommendations. Mr. Gunning stated that the group decided to focus their efforts on the current landscaping ordinance and staff advised the group to bring some buffering techniques for commercial and residential uses. He added that the landscaping group opted not to assist with the buffering techniques so staff will be taking the recommendations from the UDC for screening, landscaping, distance, and noise. Mayor Garrett called a brief recess for proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Edward Shannon, President of the Fraternal Order of Police, spoke in opposition to negative comments regarding the police department and said he believed that the command staff is leading the police department in the right direction. Carolyn Moon, 4902 Calvin, spoke regarding the code enforcement of "bandit" signs. .J e O'Brien, 4130 Pompano, spoke regarding the collection of funds from the adopted tax rate. Dusty Partney, 1921 Stardust, spoke regarding police and firefighters as Corpus Christi heroes and supporting the families of firefighters. Abel Alonzo, 1 701 Thames, spoke regarding making Corpus Christi an all inclusive city. Carlos Perez, 2518 Isla Drive, said he enjoyed the taste of the City's water. Gabe Lozano, Jr., 4602 Mokry Drive, spoke regarding the appointment of the marshal rangers for the golf course. Mayor Garrett returned to Item 18 regarding the overview of the Unified Development Cade (UDC) Progress and Focus Group Review Update. Shannon Murphy, City Planner, provided an update of the groups still in progress including the base zoning group, the infrastructure group and the shared access r up. Ms. Murphy added that on e the a groups have completed their review, the infrastructure group members and the chairs of the other groups will form the administrative group that will be tasked with reviewing all of the administrative procedures of the UDC. Council Member Martinez thanked the staff and volunteers for their efforts on the UDC and spoke regarding the timeline for completion of the UDC and the internal procedures at Development Services. Mayor Garrett referred to Item 20 regarding the Water Trust Fund Update: Development Outside City Limits. Deputy Director of Development Services Johnny Perales referred to a powerpoint presentation including a review of platting ordinance definitions; platting ordinance background; overview of conditions to be met prior to reimbursement; the water grid and arterial transmission mains trust fund status as f August 23, 2007; a map of the proposed London Club Estates, London Court Estates and Royal Oaks Development; anticipated trust fund impact; other anticipated impacts of current policies and procedures; other considerations; short term options; issues with short term options; and long term options. Council members asked questions regarding whether the proposed development virs outside the city limits; plat approval of proposed developments; the reasons the Royal Oaks plat was rejected; the amount paid by developers to the water line; the creation of dead ends; possible looping for the London Club Estates area; the water transmission mains in the proposed master plan; the benefits of providing water outside the city limits; whether the proposal for London Club Estates was for an oversized line and if it was required by the City; the developer for London School and whether they paid platting fees; the City's investment; the City's obligation to allow developers to Minutes — Regular Council Meeting September 18, 2007 - Page 9 tie into the water system; the platting process; the timeframe to delay reimbursement; impact fees; installation of fire hydrants; if there is a master plan for this area; the location of Rose Acres and affects to this water line; the current balance in the water trust fund; the number of current reimbursement agreements; zoning of the London area; and complying a list of proposed developments. Council members expressed concern that developers in the community deserve to know the rules and intent of the council regarding growth including changing the policy to not allow trust funds for development outside the city limits; infrastructure installed prior to receiving trust fund money; and pulling ordinances to make necessary changes related to growth. City Manager Noe said the short term solution is to first get the ordinances amended. He added that the City Council Administration Committee will be reviewing impact fees and will make recommendations to the full Council regarding when extensions and reimbursements occur. Mayor Garrett opened discussion on Item 21 regarding an Arterial Transmission and Grid Main Construction and Reimbursement Agreement for London Club Estates. Mr. Perales explained that this agreement will provide for the installation of 4,951 linear feet of 16-inch PVC water main. He added that the reimbursement is the construction cost less the applied credit for acreage fees. Mayor Garrett called for comments from the audience. John Kelly, 3621 Austin Street, spoke in opposition to approval of the agreement. Felix Ocafias, engireer for the subdivision, said the subdivision was well designed, met all of the city's requirements, and that the City agreed to onnt the London School water line to the subdivision. Jack Smith, Vice President of the Pistol and Rifle Club, said their facility would have to be shut down if development continued. Murray Bass, Bass & Welch Engineering, said the line would not be completely dead end and that he didn't believe that the developer can run an 8 -inch line. Council Members asked questions regarding a proposal and timeline to loop the area; cost for creating a loop; whether the vote stopped the construction of the water line; the minimum line requirement for the project to meet the code; reimbursement for a grid main; anticipated development in the area; fees paid by developer; whether Council is required by ordinance to approve the agreement; and the requirements for the transportation and comprehensive plan. City Secretary Chapa polled the Council for their votes as follows: 21.a. FAILED 1 i it ■ The foregoing motion failed with the following vote: Garrett, Cooper, Elizondo, Kelly, M Cut h n,�and Martinez, voting "No "; Hummell, Leal, and Marez were absent. 21.b. FAILED a 5 i Minutes — Regular Council Meeting September 18, 2007 — Page 10 An emergency was declared, and the foregoing ordinance failed with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "No "; Hummell, Leal, and Marez were absent. Mayor Garrett opened discussion on Item 22 regarding the expansion of the technology system for Development Services. Sylvia Arispe, Development Services, and Interim Director of Information Systems Connie Burns referred to a powerpoint presentation including the summary of the request; department priorities; 1.T. Projects list; the Development Services key business areas; customer expectations; technology tools need to serve customers; current and new modules; technology benefits; funding requested; and an implementation schedule. Council members asked questions regarding annual maintenance and the scanning of pertinent documents. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. 2007 -248 Motion authorizing the City Manager or his designee to authorize the purchase, implementation, and first year maintenance of $37,710 from SunGard H.T.E., Inc., of Lake Mary, Florida for the Planning and Zoning modules and G.I.S. Looking Glass modules in an amount not to exceed $207 }665 based on sole source. These modules will provide automated tracking and management of planning, zoning, and special services projects by the Development Services Center. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummell and Marez were absent. 22.b. IVIOTION NO. 2007 -249 Motion authorizing the City Manager or his designee to authorize the purchase of licenses, consulting services, and first year maintenance of $1 ,499.25 from Vista Solutions Group, Inc., of Round Rock, k, Texas to implement integration of the Visiflow Imaging system to the SunGard H.T.E. Planning and Zoning module in an amount not to exceed $67,895 based on sole source. This will allow Development Services Center to capture and store images related to planning, zoning, and special services projects. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Hummel! and Marez were absent. Mayor Garrett opened discussion on Item 23 regarding an amendment to the Corpus Christi Business and Job Development Corporation's (4A Board) Guidelines and Criteria for granting business incentives. Assistant City Manager Oscar Martinez explained that this item approves action taken by the 4A Board to incorporate the North American Industry Classification System (NAILS) codes that clarify primary employers. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 18, 2007 -- Page 11 23. RESOLUTION NO. 027424 Resolution approving an amendment to the Corpus Christi Business and Job Development Corporation's (CCBJDC) Guidelines and Criteria for granting business incentives to expand the North American Industry Classification System (NAILS) codes included in the definition of "Primary Employer ". The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye; Hummell and Marez were absent. Mayor Garrett called for the City Manager's report. City Manager Noe announced the second public meeting on the proposed code armndmnt related to Packery Channel is scheduled for September 19th from 7:00 p.m. to 9:00 p.m. at the Holiday Inn — Sunspree. Mr. Noe announced the ribbon cutting ceremony for the Northwest Library Expansion project on Saturday, September 6th at 11:00 a.m. at the Northwest Branch Library. Mayor Garrett asked for a status on the hiring of an Airport Director and requested an updated organizational chart. Mayor Garrett asked staff to keep the Council informed regarding the opening of the Cefe Val n u la Municipal Landfill. Mayor Garrett called for Council concerns and reports. Council Member Martinez spoke regarding insufficient draining on the 4906 to 4930 block of Marion Circle and possible improvements to the Greenwood Library, City /County Health Department and Greenwood Senior Center in the 2008 Bond issue. Ms. Martinez congratulated Assistant City Manager Ron Massey and the Wastewater Treatment Plant for receiving the Platinum Ten Award. Council Member Cooper said the issues addressed at the town hall meeting on September 17th were the completion of the Bond 2004 project and the proposed Bond 2008 projects. Ms. Cooper announced the next town hall meeting would be scheduled for October in District 4 with Council Members McCutchon, H u mm l l and Martinez. Ms. Cooper congratulated the staff members that attended the Building Equitable Communities Roundtable discussion in Indianapolis, Indiana to help the community be more inclusive. Council Member McCutchon provided an update on the water investigation from CPY and said the City Council Ad Hoc Committee on Water Issues would convene when the report is complete. Dr. McCutchon stated that the report from the police department showed that the highest juvenile crime rate is located in the 78411 zip code. Dr. McCutchon addressed the concern of a citizen regarding ADA compliance. Council Member Leal asked for a status on the condition of the Gabe Lozano and Oso Golf Courses. Ms. Leal asked staff to address the concern of a citizen regarding a stop sign on Prescott Street and South Padre Island Drive. Ms. Leal thanked Director of Neighborhood Services Yvonne Haag and staff f r their w rk in clearing Lots in District 3. Council Member Elizondo thanked staff for attending the town hall meeting at Faye Webb Elementary and asked staff for an update on the emails received regarding Cedar Pass Drive. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:17 p.m. . n September 18, 2007. Minutes — Regular Council Meeting September 18, 2007 — Page 12 2 a. COMMISSION ON CHILDREN AND YOUTH — Four (4) vacancies with terms to 5- 0 1 -08, 5-01-09, and 5-01-10 representing the following categories: 1- At Large, 1 — Law Enforcement, 1 — Legal, and 1 — Sheriff's Office. ice. (Note: Staff is recommending that one of the vacancies (Sheriffs Office) be postponed until the Sheriff's Office makes a recommendation.) DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. (On 1- -1.95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL AL MEMBERS TENTS A PTD# DATES Vicky Alexander (Health), Vice Chair 5 -01 -09 2-12-02 Miles Toren (At Large) 5 -01 -09 9 -20 -05 *Amanda Stukenberg (At Large) 5 -01 -07 6-08-04 Aaron G. De La Gar a (Social Services) 5-01-08 - 1- 7 Sheri Phillabaum (Religion) 5 -01 -10 5 -17 -05 Laura Spear Smith (Business) 5-01-08 5- 17-05 Guy Nickelson (Youth Services) 5-01-09 11-08-05 Mary Jane Garza (Education) 5 -01 -10 6-13-06 Brian Silva (At Large) 5-01-08 12-12-06 ***Pezmy Grochow (Law Enforcement), Chair 5-01-08 7-09-02 ****Lauren Ranly (Legal) 5-01-09 -19-02 Caitlin Martin (Youth Rep.) 5-01-10 1-10-06 Rita Morales (D.A.'s Office) 5-01-09 9-12-06 ***Capt. David Alaniz (Sheriff s Office) 5-01-07 1-16-07 Capt. Tim Wilson (Police Off.) Advisory 12-06-95 Dr. Philip Rhoades . Advisory 8-16-94 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned *** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD of MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Amanda Stukenberg 10 9 90% (At Large) OTHER INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby David Berlanga Vidal J. De La Cerda Elisha R. Dickerson ITT Rebecca Esparta Self- employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representati Michelle Jones Lorenzo Knowles Patrick Smith J.D. Villarreal Jonathan Wagner Fran Willms Independent Living Specialist- Relocation, Accessible Communities - Coastal Bend Center for Independent Living. Licensed as a Registered Nurse. Graduated from the Coastal bend Advocacy Training and Partners in Policy. Current Secretary of Accessible Communities of the Coastal Bend. (At Large) (8-3-O6) Tutor, National Housing Management Corporation. Retired Army First Sergeant. Degree in Business Management and Accounting. Recipient of the Jefferson Award. Activities include: Council President for the Texas Youth Commission Half Way House and Mayor Committee on School Drop -out Rate. t Large) (9-17-07) Programming Consultant, Robbins - Gioia. Received BA in Applied Sciences from Texas A&M-Commerce. Activities include: United States Army Reserve and Contractor, Past Director of Big Brothers Big Sisters, Waco, Texas and Past President, Active Claremont, Claremont, California. (At Large) (821-07) Police Supervisor, Corpus Christi Independent School District Police Department. Received Bachelor of Science from Texas A &M University- Corpus Christi. Activities include: South Side Little League. (Law Enforcement) (9-13-07) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development rent for City of Corpus Christi, 2003 -2006. (At Large) (5-29-07) Attorney, Self-Employed. Received BSBA from University of Arkansas, MBA from Texas A &M University- Corpus Christi, and JD from St. Mary's University. Activities include: Corpus Christi Bar Association, Coastal Bend Women Lawyer's Association, and Past President of the YWCA. (Legal) (9-20- 07) 3 AGENDA MEMORANDUM City Council Action Date: September 25, 2007 AGENDA ITEM: ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS, ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF X22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services DSHS has awarded a grant in the amount of $22,500 to provide funding for laboratory services for the analysis of bay water samples. The contract provides the Health District with financial assistance for expenses to support the analyses of marine water for the Seafood Safety Division of DSHS. The contract period is from September 1, 2007 through August 31, 2008. REQUIRED E COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding F 6 7. FUNDING: G: There is no match funding required. CONCLUSION AND CO MENDATIO : Recommend City Council to accept the grant and appropriate funding for laboratory services. Annette R • s rigue , M.P.H. Acting Director of Public Health BACKGROUND INFORMATION The laboratory at the Corpus Christi-Nueces County Public Health District ("CCNCPHD")is certified by the Food and Drug Administration to perromi analyses of marine water for the Seafood Safety Division of the DSHS. These analyses are performed on marine samples procured by personnel employed by the Seafood Safety Division from areas of active shellfish, primarily oyster, harvesting for commercial sales. The resume of the laboratory analysis indicate whether or not levels of bacteria in the water from which the oysters are harvested are within the limits of safety for human consumption. For performing the analysis, the CCNCPHD laboratory will be paid $25.00 per sample under an annual contract that cannot exceed $22,500 in reimbursement. No matching funds are required A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,50Q FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED E BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $22.500 from the Texas Department of State Health Services "DSHS" to provide laboratory services for the analysis of bay water samples and to execute all related documents. The samples to be tested are collected by DSHS personnel. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary } APPROVED: September 17, 2007 Ell • • th R. Hundley Assn ant City Attorney for the City Attorney EHres200. doe Henry Garrett Mayor Corpus Christi, Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike ell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING IATING A GRANT of $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE IDE LABOF ATO Y SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE cm( COUNCIL OF THE CITY of CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $22,500 from the Texas Department of State Health Ser- vices is appropriated in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. 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 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ED: September 17, 2007 Eli z. • : th R. Hand ley Assi - nt City Attorney for the City Attorney EHord214.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 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: Uwe, 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli and , Sr. Mire Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCu ohon DEPARTMENT STATE HEALTH SERVICES This contract, number 2008- Q23219_ (Contract), is entered into by and between the Department of State Health Services (DS HS or the Department), an agency the State of Texas, eas, and CORPUS CC ISTI -T U G S COUNTY UB IC ALT JSTRICT CITY I (Contractor a G v r rn t Entity„ (collectively, the Parties). 1. Pin__Ime of the Contract. DS HS agrees to purchase, and Contractor agrees to rev . provide, services or goods to the eligible populations as described in the Program Attachments. 2, Total Amount of the Contract and Payment M th rf s . The total amount of this Contract is $22 500.OQ and the payment method(s) shall be as spe i ied in the Program Attachments. 1 Funding Obligation. This Contract is contingent upon the continued availability f funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the rc riation pp s Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. g 4. Term of the Contra This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS has the option, in its sole discretion, to renew the Contract as provided in each � Program Attachment. DSHS is not responsible for payment under this Contract before both artier p have signed the Contract or before the start date of the Contract, whichever is later. 5. Authoritt. DS HS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. QQurnents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2008-023219-001 SEAFOOD & AQUATIC LIFE c. General Provisions (Vendor) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment do not form art p the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648- 7. Conflictine Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. i. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469.9277 Vendor Identification Number: 174 00 741027 9. Entire Agreement The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NU CES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: Signature of Authorized Official Date Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit By: Signature Date Printed Name and Title Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Bumette@dshs.state.tx.us 92648 -1 Telephone Number E -mail Address for Official Correspondence 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 25 2007 AGENDA ITEM: ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF 6241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF $241 ,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide funding for Immunization ation services. The contract provides financial assistance to maintain an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. The contract period is from September 1, 2007 through August 31, 2008. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: council approved funding for FYo -o . FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: R commend Cfty council to accept the grant and appropriate funding for continuation of immunization services. Annette f odrigu z, M.P.H. Acting Director of Public Health BACKGROUND INFORMATION BACKGROUND: The DSHS has supported the Health District Immunizations Program through grant funding for many years, The Immunizations Program of the Health District has provided approximately 21,749 immunizations to 15,044 persons during the past year. In addition to direct client services, the contract supports promotion of the need for immunizations to the general public and the medical community, as well as surveillance and investigation of vaccine - preventable diseases. It also enables the Health District to provide audits of schools and day care centers to assist them in complying with State requirements for immunization of children. No matching funds are required. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $241,637 ROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE cm( COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of x s Department of State Health Services to provide an immuni- zation �� from the T with . adolescents, and adults, �+ ith special emphasis on children �rograrx� for children, adobe to years of or � f age younger, and to execute ail related documents. ATTEST: Armando Chapa City Secretary APPROVED: September 17, 2007 s -i 4 Eliza' , R. Hundley Assis t City Attorney for the City Attorney Ellres199.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli orido, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael Fill C tc on AN ORDINANCE APPROPRIATING A GRANT OF $241.637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1N THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $241 ,637 from the Texas Department of State Health Ser- vices is appropriated in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. 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 , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 17, 2007 41 4, a 10 Adkti th R. Hundley Ass! ant City Attorney for the City Attorney Eliord213.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance final! y on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H u rnmel l Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon DEPARTMENT F STATE HEALTH SERVICES This contract, number 2008 - 023551 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), , an agency of the State of Texas, and CORPUS CHRTSTI.1 UECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Governm t_ ntit , (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Pa went Method s . The total amount of this Contract is $241,6;37JiQ.. and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation, This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 08/31 /2008. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents ix ntr c ; The Contract consists of the following: a. Core Contract (this document) b. Program gram Attachments 2008- 023551 -001 IMMUNIZATION BRANCH - LOCALS c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 7. Conflicting Terms. In the event of conflicti By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the re quisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI -NECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: - Signature of Authorized Official Date. Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458-7470 BobsBumette@dshs.state.tx.us 92648 -1 By: Signature Date Printed Name and Title Address City, State, Zi 5 AGENDA MEMORANDUM City Council Action Date: September 25 2007 AGENDA ITEM: ITEM A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF 5202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS, ITEM B: AN ORDINANCE APPROPRIATING A GRANT OF X202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $202,923 to provide funding for public health services. The contract provides the Health District with financial assistance for expenses to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. The contract period is from September 1, 2007 through August 31, 200 8. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding F 6 . FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of public health services. _ _ Annette Rodriguez, M.P.H. - Acting Director of Public Health BACKGROUND INFORMATION This item is a grant that has been provided to the Health District from the DS HS for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local jurisdiction's abiliti A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. These grant funds provide support for disease investigation and surveillance, laboratory, environmental health, and community health education services. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 17, 2007 Eliza.- R. Hundley Assis rat City Attorney for the City Attorney E Tres Ol.doo Henry Garrett Mayor Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCJL 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 eetings:.I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING IATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT E T of STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $202,923 from the Texas Department artment of State Health Ser- vices is appropriated in the No. 1066 Health Grants Fund to provide essential public health services. 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 ordina c s'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 Zoo. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 17, 2007 iflr Eliza h R. Hundley Assi rt nt City Attorney for the City Attorney Eliord215.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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: Uwe, 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli ondo, Sr, Mike Hummel) Bill Kelly Priscilla a. Leal John E. Marren Nelda Martinez Michael McCutchon DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2Q08- 024505 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), , an agency of the State of Texas, and CORPUS CHRTSThNUECES COUNTY PUBLIC HEALTH DISTRICT CITE (Contractor), a Government Entit (collectively, the Parties). 1. Purpse of the Contract. DSHS agrees to purchase, and Contractor agrees to rovide services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method s . The total this � amount of thi Coutret is $202 923.00 and the payment method(s) shall be as specified in the Program Attachments. 3. n in b1i atfon. This Contract is contingent upon the continued availabili ty g , of fun funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate fundin g under this Contract. 4. 'Terre of the Contract. This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both p arties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safet y Code, Chapter 1001. 6. Documents Fornact. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2008- 024505 -001 RLSS-LOCAL PUBLIC LIC HEALTH SYSTEM c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648 -1 7. Con fllct kg jermE In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT ICT (CITY) By: y. Signature of Authorized Official Signature Date Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458-7470 Bob.Bumette@dshsastate.tx.us Date Printed Name and Title Address City, State, Zip Telephone Number E -mail Address for Official Correspondence 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 25, 2007 AGENDA ITEM: Authorizing City Manager or designee to execute a seven -month lease with George Edwards, DBA G. Edwards Enterprises, to provide concession services at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course in exchange for monthly payment of 13 of lessee's gross receipts; and declaring an emergency. ISSUE: G. Edwards, concessionaire, has been operating at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course since April 2007. Mr. Edwards has requested a change in his contract concerning the method determining his monthly payment to the City. This charge requires Council approval. REQUIRED COUi CIL ACTION: The City Council must approve all leases of city property. PREVIOUS CO NCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council authorize the lease with G. Edwards Enterprises. y Gavi , Dire or Parks an ' Recreation Department Attachments: Background Information BACKGROUND INFORMATION The City of Corpus Christi currently has a contract for the concessions at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course with G. Edwards Enterprises. Mr. Edwards has been in the food and beverage industry for many years and has been operating the City's municipal golf course concessions since April 2007. The current G. Edwards Enterprises contract states that he pays the greater of $1,300 or 13% of gross receipts. After evaluating the first four months of operations, Mr. Edwards has requested we base his contracted monthly payment based strictly on a percentage of gross receipts, or 13 %. Staff agrees and is recommending the G. Edwards Enterprises contract be amended and approved. ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A SEVEN- MONTH LEASE WITH GEORGE EDWARDS, DBA G. EDWARDS ENTERPRISES, { "LESSEE'), TO PROVIDE CONCESSION SERVICES AT GABE LOZANO SR. GOLF CENTER AND OSO BEACH MUNICIPAL GOLF COURSE IN EXCHANGE FOR MONTHLY PAYMENT OF 13 % OF LESSEE'S GROSS RECEIPTS; AND DECLARING AN EMERGENCY BE IT ORDA1NED BBY THE CITY COUNCIL OF THE CITY of CORPUS CHRISTI, TEXAS.: SECTION 1. That the City Manager or designee is authorized to execute a seven -month lease and use agreement with George Edwards, dba G. Edwards Enterprises for use of Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course for food and beverage concessions, in exchange for monthly payment of 13% of Lessee's gross receipts. A copy of the lease is attached. 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 Ci ty 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 , 2007. ATTEST: Armando Chapa City Secretary APPROVED: September 14, 2007 t.A.--;, A Lisa Aguila Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 1 of 8 SEVEN MONTH LEASE WITH GEORGE EDWARDS, DBA G. EDWARDS ENTERPRISES, TO PROVIDE E CO CESSIOI SERVICES AT GAGE LO AI O SR. GOLF CENTER AND OSO BEACH MUNICIPAL GOLF COURSE THE STATE OF TEXAS § KNOW BY ALL THESE PRESENTS: TS: COUNTY OF NUECES § This Lease (this "Lease") is entered into between the City of Corpus Christi, a Texas home -ru.le municipal corporation ("City"), and George Edwards, dba G. Edwards Enterprises of Nueces County, Texas (the "Concessionaire"). In consideration of the covenants, agreements and conditions herein contained, the City and concessionaire agree as follows: 1. Term. The City leases the Premises described on the attached and incorporated Exhibit "A" (Premises) to Concessionaire beginning August 1, 2007 and ending February 21, 2008, unless sooner terminated. 2. Concession Rights. In consideration of the rent paid by the Concessionaire, and of the covenants herein, City grants Concessionaire the exclusive right to use the Premises, including the basic utilities at the Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course to make direct sales to the public of food, drinks, and beer. Concessionaire may use vending machines to sell beverages, snacks, tobacco and other merchandise customarily handled by a concessionaire. Concessionaire may use a mobile concession on the golf course grounds with prior written approval from the Director of Parks & Recreation or designee ("Director"). Director expressly retains the right to: (1) Make final decisions on matters that may arise, not specifically covered in this Lease, including the interpretation hereof. (2) Sell space for either temporary or permanent signs. (3) Approve the form, price, and price increase of products and services to be sold and /or provided by Concessionaire. Disposable containers (paper or plastic) suitable for consumption of the products on Premises immediately after the sale are required and must meet Director's approval. Glass bottles are not permitted. Concessionaire must not reuse a container after initial sale or use. 3. Location. Except for the supervision of the Director, Concessionaire has exclusive control over the Premises subject to the terms, conditions, and covenants of this Lease. 4. Basic Utilities. Included as part of the monthly rental payment to City, City will provide: Basic electrical services for lights, refrigerators, air conditioning, etc.; water H:\ LEG -DIF \Jeannie \Lisa \Lease eorge EdwardsConcessn.6 rnonth.doo Page 2 of service; wastewater service; and garbage pickup. Concessionaire will be responsible for additional electrical costs due to the installation of heavy utility equipment or adjustments to payments to the City. 5. Concessionaire Responsibilities. The Concessionaire will be responsible to the City as follows: 'I Concessionaire must furnish, install, service and maintain in good working order all equipment, including cooking, dispensing, and cooling equipment, and supplies required to properly execute this Lease. Vending machines remain the exclusive property of the Concessionaire. Concessionaire will operate the concession in accordance with all federal, state, and local laws and all relevant rules and regulations that may be promulgated by City Manager of the City of Corpus Christi, Texas or his designee ;city Manager"). (3) Insurance. Concessionaire must secure and maintain at Concessionaire's expense during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit "B". The Certificate of Insurance must be sent to the Director and a copy to City's Risk Manager and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage required herein. Concessionaire shall provide copies of all insurance policies to the Risk Manager upon City Manager's written request. (4) The food and drink will be dispensed by attendants furnished by the Concessionaire at Concessionaire's expense. All employees who are involved in the serving of alcoholic beverages must be certified through a TA BC approved program. Concessionaire's minor cleanup duties will consist of keeping tables clean, cleaning up spilled food and drink, frequent cleaning of windows, floors, walls, and ceiling fans (if installed) and removal of trash from the Premises and the outside area. (5) Concessionaire will furnish all related supplies and condiments. Tables and chairs in the service area are provided by the City. Concessionaire will provide suitable signs at the facility advising the public that Concessionaire is serving as an independent contractor. The Concessionaire will immediately report, upon discovery, any vandalism or malfunction o facilities to the Director (8263461) or Head Golf Pro (826-8016), and an y problems relating to unlawful activity to the Police Department (826-2600) if non - emergency or 911 for emergency response. Concessionaire will establish good public relations and promote this concession service to all citizens of Corpus Christi and its visitors. Hours of operation will coincide with the Pro Shop hours or as approved by the Director. H:1LE - DIR\JeanfielLi a \Lase eorge EdwardsConcessn.6 morith.do Page 3 of 8 Director will approve the quality, quantity, and price schedule of all concession merchandise. Selling price will exclude all applicable state and local sales tax. All commissions or percentages paid to the City must be on basis of gross sales, less sales tax and alcoholic beverage tax. (10) Concessionaire will sell various sundry items i.e., aspirin, non - prescription cold tablets, insect repellant, etc.). A list of such items being offered for sale and their price must be approved by the Director prior to sale. 6. Monthly Payments; Late Payment Fee. Commencing with the month of final Council approval, Concessionaire must, by the 10th day of each month, pay to the City ant the Office of Collections the following: thirteen percent 13% of Concessionaire's monthly Gross Receipts for the prior month for the Gabe Lozano Sr. Golf Center concession; and thirteen percent (13%) of Concessionaire's monthly Gross Receipts for the prior month, for the Oso Beach Municipal Golf Course concession. These payments are for the life of this Lease, calculated on a monthly basis. For any payment not paid by the 10th day of the month, Concessionaire shall pay, by the 10th day of the following month, to the City at the Office of Collections a late payment fee equal to five (5%) per dent of the late payment. "Gross Receipts" mean Concessionaire's total revenue for concession merchandise sold at the Premises excluding applicable sales tax and alcoholic beverage tax. Concessionaire must file with the Director on or before the 10th day of each month a monthly report of Gross Receipts, the report form being designed and supplied by the Director of Finance or designee (Director of Finance"), as the same may be amended from time to time. Concessionaire must submit to the Director a copy of all quarterly sates and use tax reports. The Director of Finance will approve Concessionaire's system of accounting for the Gross Receipts. 7. Books of Account. The Concessionaire must keep true and accurate records in a format acceptable to the Director of Finance. The Director or Director of Finance may audit Concessionaire's records of Gross Receipts and all pertinent records at a reasonable time to determine their accuracy and Concessionaire's compliance with the Lease terms. If a monthly report of Gross Receipts understates Gross Receipts by 10% of the true Gross Receipts, that monthly report is deemed to be knowingly and falsely furnished by Concessionaire and is grounds for the City to immediately terminate this Lease. 8. Retention of Records. Concessionaire will retain permanent books, ledgers, journal accounts, and backup documentation for five years after the termination or expiration of this Lease and any holdover periods. Concessionaire must comply with all federal, state, or local accounting rules. Upon the Director's written request, the Concessionaire will prepare a report of its operations under the Lease in a format acceptable to Director, and submit the report to Director within 60 days of his written request thereof. H:\LE -D I RkJeanniekLisakLeaseGeorge EdwardsConcessn.6 month.doc Page 4 of 9. Audits. If an audit establishes that Concessionaire owes City more money, Concessionaire must pay the additional money within 30 days after Director's written demand thereof. If the audit establishes that Concessionaire has under reported Gross Receipts by 2% or more, Concessionaire must pay all costs of the audit. 10. Other Food. Any allowances or adjustments for allowing other food or drinks on the Premises must have prior approval from Concessionaire. 11. General Provisions. (1) Concessionaire will not on the grounds of disability, sex, race, color, or national origin, discriminate or permit discrimination against any person or group of persons in any manner. The City Manager hereby reserves the right to take action as the United States Government may direct to enforce this covenant. (2) The Concessionaire will refrain from any unlawful employment practices and comply with all lawfully adopted regulations related thereto. (3) Concessionaire will furnish service on a fair, equal, and nondiscriminatory basis to all users thereof, and will charge fair, reasonable, and nondiscriminatory prices for each unit of service. (4) Cancellation; Termination. Director retains the right at any time to cancel this Lease without cause upon sixty (60) days written notice to Concessionaire. Director may terminate this Lease with cause upon thirty (30) days written notice to Concessionaire. The Concessionaire may terminate this Lease without cause if the Concessionaire provides the Director sixty (60) days advance written notice. Notices must be given in writing by sending by first class mail, postage prepaid, to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 880 -3461 (361) 880 --3864 fax - IF TO CONCESSIONAIRE: George Edwards dba G. Edwards Enterprises 5115 Cosner Dr. Corpus Christi, Texas 78415 (361) 814 -9919 or at any other address that each party may designate to the other in writing. Concessionaire may not alter the Premises without prior written consent of the Director. All alterations made by the Concessionaire become the property of the City in fee simple, without any further action or process of law upon termination of the Lease. In any legal action undertaken by any party hereto to collect for any damages growing out of or compensation due under this Lease, the prevailing party must be H :l LEG- DIR\Jeanni \Lisa \Lease eorg Edwards onoessn. mnonth.doo Page 5 of 8 reimbursed for all court costs and expenses and reasonable attorney's fees of not less than ten percent 10% of the total amount of the judgment. (7)Indemnity. To the extent permitted by Texas Law, Concessionaire, its officers, members, partners, employees, agents, and Licensees ("Indemnitors") hereby fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, licensees, and invitees ("Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, • without limitation on the foregoing, worker's compensation and death claims), or properly loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or caused by, or are claimed to arise out of or be in any manner connected with, or caused by either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by !ndemnitors or !ndemnitees or any of Indemnitor's of Indemnitee 's agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, or any of the hazards commonly associated with the operation of a food and beverage concession; or the violation by Indemnitees, Concessionaire, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or improvements Iocated on the Premises herein or out of the use or occupancy of the improvements to the Premises or the Premises itself by Indemn!tees, Concessionaire, its agents, servants, employees, contractors, patrons, guests licensees, or invitees. The terms of indemnification are effective even though said injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees or any of them. Concessionaire must at its own expense, investigate all those claims and demands, attend to their settlement, or other disposition, defend all actions based Thereon with counsel satisfactory to Indemnitees and pay all charges of attorneys and all other costs and expenses of any kind from any of said Iiability, damage, loss, claims, demands, or actions. HALEG-DIR‘Jeannie\Lisa\LeaseGeorge EdwardsConcessn.6 mnonth.doc Pageof Concessionaire must complete an incident/accident report for each incident/injury that occurs on the Premises. Concessionaire must provide City with copy of all incident/accident reports as they are completed. (9) Concessionaire must submit a completed Disclosure of Interest Form as part of this Lease. 10 Concessionaire agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 11 Concessionaire covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Concessionaire must provide proof of payment of these taxes to Director within thirty (30) days after payment is due upon Director's written request therefor. Failure to pay or provide proof of payment will be grounds for immediate termination of this Lease and a penalty fee may be added. (12) The prior agreement between the parties dated March 5th 2007 is hereby terminated and replaced with this Agreement. H:ILE - DIRUeannielLi a \Lease eorge Edwards onces n. month.doo Page 7 of 8 SIGNED this day of , ^ , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager APPROVED AS TO LEGAL FORM 10 September 2007 Lisa Aguilar Assistant City Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on _: 2007, by George K. Noe, City Manager, or designee -- - - - - - -- - , of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of the corporation. Seal: Notary Public, State of Texas My Commission Expires Notary's Printed Name H: \LE - DIR\Je nnie \LisalLease eorg Edwards oncessn. month.doc Page 8 of 8 CONCESSIONAIRE: George Edwards By: Nam ie./0K Title: tL)dtP-' STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on George Edwards ASA i Nota Public, St to of Texas ...r 01- 11- My Commission i io Expires I#:1 LEG- DIF\Jeannie \Lisa \LeaseGeorge EdwardsConcessn.6 month.doc Seal: Notary's Printed Name M ISABEL HUERTA Notary Public �� STATE OF TEXAS ar My Comm. Exp. 07-11-2009 4 Corpus Christi, Texas Day of , 2007 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: l /ire, 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 7 AGENDA MEMORANDUM city council Action Date: September 25, 2007 SUBJECTS O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and Motor Assembly Rehabilitation 2007. AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump and Machine Inc. of Corpus Christi, Texas, in the amount of $324,708 for O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and Motor Assembly Rehabilitation FY 2007. ISSUE: The High Service Nos. 5 and 6 pumps and motor assemblies at the O.I. Stevens Water Treatment Plant are the original pumps installed when the plant was built in 1954. The pump and motor assemblies are beyond their serviceable life cycle and require major rehabilitation. The proposed construction contract provides for complete inspection, testing, disassembly, cleaning, major overhaul, reassembly and retesting with all required documentation, transportation to and from maintenance shops. During the testing and inspection, the level of rehabilitation will be determined and authorized by the City and Engineer. A list of potential repair actions was included in the contract bidding documents for competitive pricing. These repairs will be issued under the allowance included as part of the project award. In August the O.N. Stevens Water Treatment Plant experienced critical levels of water pressure with the loss of three pump and motor assemblies (Nos. 1, 5 and 6). The condition presented a hazard to the public health and safety of the municipality's residents. As a result, the decision was made to make immediate repairs to High service No. 1 pump and motor assembly and to simultaneously advertise and competitively bid for the repairs of High Service Nos. 5 & 6 pump and motor assemblies through the standard procurement method. On August 24, 2007, an emergency was declared and corrective procedures were immediately initiated to rehabilitate High Service No. 1, which should be complete by the end of September. FUNDING: Funds for this project are available from the FY 2007 -2008 Water Operational Budget. RECOMMENDATION: ENDATI ON: Staff recommends approval of the motion as presented. at.•-eAiitl ; /07 1 R. Escobar, P.E. !rector of Engineering Services Additional support llll t rial: Exhibit "A" Background Information Exhibit "A -1" Additional Background Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:1H ME\LYNDA \ ENIWATER1 .N. Stevens Water Treatment PIant18 70 - ONS High Service Pumps 6 and eAgenda Memo.dac BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and Motor Assembly Rehabilitation 2007 (Project No. 8570) PROJECTDESCRIPTION: The proposed project consists of a total base bid, Additive Alternate AA -1, and an allowance. The proposed work for the pump and motor assemblies includes an initial site inspection and testing; remove and transport the motors to the repair shop where they will be opened, inspected, reconditioned, reassembled and tested, transported back to the treatment plant for installation, re- certification and testing with all reports and documentation. During inspection and testing, determinations will be made for the required repairs. A list of potential repairs is provided for each motor and pump assembly for pricing by the contractor and the allowance below will be used to issue specific repairs. • Base Bid: For both High Service Nos. 5 & 6, the base bid provides for the specific work above in addition to repair of the pump base, repair of the pump foundation, inspection and testing of the motor; and submittal of the required documentation in accordance with the plans, specifications and contract documents. • Additive Alternate AA-1: Consists of the contractor providing written extended three (3) year warranty for all materials provided and all labor associated with the repairs from the date of final acceptance by the City. • Allowance: The award of the contract will include a $200,000 allowance to execute repair items. The list of potential repairs for each . rnotorand purnpwas provided in the construction documents for the contractor to competitive price during Upon bidding. U g p determination and written approval from the engineer repair items will be authorized and paid for under this allowance. BID INFORMATION: The City received proposals from two bidders on September 12, 2007 (see Exhibit "B" Bid Tabulation). The contractors were given instructions in the bid documents that City was specifically requesting bid prices for the Base Bid items, Additive Alternate AA -1, and the list of potential repair items. The bid evaluation would be based on the following: 1. Total Base Bid plus Repair Items - or - 2. Total Base Bid plus Repair Items plus Additive Alternate No. -1. The bid documents additionally specified that the Repair Item bid prices were for evaluation purposes and construction pricing. only the combination of Base Bid, Additive Alternate and the Allowance would be used for the award. After inspection and testing during the construction, written approval would be provided to implement repairs at the pr1ce proposed. The Repair Items would be issued under the funding within the Allowance. The bids ranged as follows: H:IHOMEILY DAS1 ENlWATEM .N. Stevens Water Treatment Plan118570 - OHS High Service Pumps 5 and 81Agenda Background.doc As explained above, the repair items listed on the proposal form are for bid evaluation pricing purposes. The actual contract award would not include the specific Repair items, but instead would be based on the following: 1. Total Base Bid plus the Allowance [$200,000] - or - 2. Total Base Bid plus the Allowance [$200,000] plus Additive Alternate No. AA -1. A breakout of bids based on the proposed bid prices and allowance is as follows: Total Base Bid Repair Items Total Base Bid Plus Repair items Plus Additive Alternate AA -1 Excel Pump & Machine Inc. $124,708.00 $243,700.00 $398,408.00 CD Electric $245,000.00 $661 ,292M0 $ As explained above, the repair items listed on the proposal form are for bid evaluation pricing purposes. The actual contract award would not include the specific Repair items, but instead would be based on the following: 1. Total Base Bid plus the Allowance [$200,000] - or - 2. Total Base Bid plus the Allowance [$200,000] plus Additive Alternate No. AA -1. A breakout of bids based on the proposed bid prices and allowance is as follows: There is a significant difference in pricing between the two bidders. City Staff and the consultant attribute this to the fact that Excel Pump & Machine Inc. has additional work on other City projects including projects at ONS Water Treatment Plant. This is specialized work and both contractors have substantial experience and proven performance with the City. Therefore, the city's consultant, Patterson Engineers Inc., and City staff recommends the construction contract be awarded to Excel Pump & Machine Inc. in the amount of $324,708, which consists of the Total Base Bid plus the Allowance. CONTRACT TEAMS: The construction project is estimated to require 100 calendar days, with completion anticipated in February 2008. PROJECT ECT ACS ND: High Service Nos. 5 and 6 pumps are the original pumps installed when the O.N. Stevens Water Treatment Plant was built in 1954. They are located at the end of the treatment process and pump treated water into the City's distribution system while at the same time maintaining distribution system pressure in Pressure Zones 1 and 3. They also pump water into the transmission mains going to the Holly Road and South Staples Pump Stations, which furnish water to Pressure Zones 2 and 4. H;1HOME L NDAS1 EN\WATER1 .N. Stevens Water Treatment PIant\8 70 - ONS High Service Pumps 5 and 6 Agenda Dackground.doc Total Base Bid (No. 5 Motor & Pump and No. 6 Motor & Pum • Total Base Bid Plus $200,000 Allowance Excel Purr p & Machine Inc. _ $124,708.00 $324,708.00 CD Electric - $245,000.00 $445,000EOO There is a significant difference in pricing between the two bidders. City Staff and the consultant attribute this to the fact that Excel Pump & Machine Inc. has additional work on other City projects including projects at ONS Water Treatment Plant. This is specialized work and both contractors have substantial experience and proven performance with the City. Therefore, the city's consultant, Patterson Engineers Inc., and City staff recommends the construction contract be awarded to Excel Pump & Machine Inc. in the amount of $324,708, which consists of the Total Base Bid plus the Allowance. CONTRACT TEAMS: The construction project is estimated to require 100 calendar days, with completion anticipated in February 2008. PROJECT ECT ACS ND: High Service Nos. 5 and 6 pumps are the original pumps installed when the O.N. Stevens Water Treatment Plant was built in 1954. They are located at the end of the treatment process and pump treated water into the City's distribution system while at the same time maintaining distribution system pressure in Pressure Zones 1 and 3. They also pump water into the transmission mains going to the Holly Road and South Staples Pump Stations, which furnish water to Pressure Zones 2 and 4. H;1HOME L NDAS1 EN\WATER1 .N. Stevens Water Treatment PIant\8 70 - ONS High Service Pumps 5 and 6 Agenda Dackground.doc ADDITIONAL AC KG F U I INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant High Service Nos. 5 & 6 Pump and Motor Assembly Rehabilitation 2007 (Project No. 8570) PRIOR COUNCIL ACTION: 1. July 24 2007 — Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2007 to be filed with the County Clerk; appropriating monies as provided in the budget and providing for severance. (Ordinance No. 027352) !RIOR ADMINISTRATIVE ATI E ACTION: 1. March 6 2007 — Administrative a pproval of a Small NE Agreement with Patterson Engineers, Inc. in the amount of $1 9,200 for the O.N. Stevens Water Treatment Plant High Service No. 1 Pump Base Rehabilitation and High Service No. 6 Pump and Motor Rehabilitation. H:1H MElLY DA \ EMW TERIO.N. Stevens water Trealment Plant\8510 - ONS High Service Pumps 5 and 61Additionai Background.doc TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS co 0 ki a al co 0 0 0 z 0 J 0_ 2 0 0 LL 0 2 to 8 cp (J) C c C 11.1 o O 'R Ili 8 ce ft 5 C D Electric 617 High Starr Corpus Christi, TX 78408 _ TOTAL csi pp to p�p U' I c [* C in 0 a 117 o O CZ-7 _ q °a, °o, 0 C+ O 0 C O °o O q t7 Excel Pump & Machine P. 0. Box 10039 Corpus Christi, TX 78460 TOTAL 0 CD 0 { 0 to .0 3 co 8 0 0 0 0 0 q CID li I 0 8 cr7 0 to a ° c4 r O g N. O 1 ° ° O 1 O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS, 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 1- m QUANTJ DESCRIPTION ! HIGH SERVICE NO, 5 MOTOR REHAB Perform Initial Site Inspection, Remove And Transport Motor To Shop, Open And Inspect, Recondition And Test Motor, Transport To City Facility, Test And Provide Report, Complete In Place Per Lump Sum • 4iGiiG �RVS4V!!!r `,rp 4kll � y�aa �luuaf cal 7\.i A ar4! 13.lw�■ Sr„ �YY „#,,,+ ■ ��+� �vkrv■ ■ � v .r�s� Facility; Install Pump; Clean And Lubricate ShaflMotor Coupling; Perform Test With Data Sheets; Complete In Place Per Lump Sum. IIGH SERVICE NO. 5 PUMP AND MOTOR ASSY. REHAB S5-P1) :R I E NO. 5 MOTOR REHAB ZAA1 fhn a RAM olio inrli rrIc I fnr nrii*irui ns trrsrmPc. rxnly ThP IIRACI far fhPCP! it 1 BID ITEM Base Bid High Service No. 8 2 6 co 1 LL 0 I- } W 0) 0 D 0 ce 0 LL 0 08 LL F Eli CD LLJ a LL! LL h LU F ti a • c D ti O 5 uJ ti 2 UJ 0 } D Electric 617 High Starr Corpus Christi, TX 78408 TOTAL 2,000.00 22,500.00 5.000.00 6,000.00 8,000.00 5,000.00 c i0 45,000.00 500.00 0 o 0 co 4,000.001 o c 5,500.00 0 0 0 o cp ` Z• 2,000.00 i r-- 4,640,00 .__2.500.00 0 0 o C 3,000.00 5,000.00 3,000.00 c Y 0 0 Ifl J 0 0 20,000.00 00'000' I. 2,000.00 5,500.00 0 q Q) 0 V C _ Excel Pump & Machine P. 0. Box 1O039 Corpus Christi, TX 7840 I - TOTAL ` 00'000' r1,500.00 a 0 4,800.00 30,000.00 8,400.00 12,000.00 r 0 o 4,000.00 _ -- 0 l7 S 1,21 4.00 500.00 0 6 In I 0 6 I p0 C�} 2,400.00 15,000.00 0 O 0 pO V 2,8030 4,000.00' 0 j 0 p .-r1 0 p6 I 0 0 s-- 4,000.00 0. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 - -_ PROJECT NO. 8570 BID ITEM 1 DESCRIPTION 1 QUANT � UNIT REPAIR ITEMS FOR HIGH SERVICE NO. 5 PUMP REHAB The following repair items HSP2 thru P23 are included for pricing purposes only. The need for these items will be determined by actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under the allowance established for this purpose (see SP A-4) I J u.r W I 1 t ,J J I ..1 Lll } - 3 [_i ' r 11) !V -. c i 0.1 e- 1- C') in r e. ,— Additional Cost To Straighten Shaft, each, Complete In Place Per Lump Sum. Additional Cost To Provide New Shaft, each, Complete In Place Per each. Additional Cost To Machine Wear Ring, each, Complete In Place Per each. Additional Cost To Provide New Wear Ring, each, Complete In Place Per each. Additional Cost To Machine Seal Chambers, Complete In Place Per Lump Sum. Additional Cost To Provide New Packing Follower, Complete In Place Per Lurnp Sum. Additional Cost To Machine and Repair Re- Useable Impeller, Complete In Place Per each. Provide New Impeller, Complete In Place Per each. Provide New Shaft Guard, Complete In Place Per Lump Surn. • Provide Splash Guards, Complete In Place Per Lump Sum. Provide Repair Of Vertical Pump Columns, Flange And Spyder, Complete In Place Per each. Provide New Vertical Pump Column, each. Complete In Place Per each. Provide New Vertical Pump Shaft Coupling, each, Complete In Place Per each. Provide Repairs To Pump/Motor Coupling, Complete In Place Per Lump Sum. Provide new pump/motor coupling, Complete In Place Per Lump Sum. Provide patching of existing grout, chase threads on anchors, provision of new grout and shires, Complete In Place Per Lump Sum. Provide repairs of base to cone corrosion by welding to the outside of the cone, Complete In Place Per Lump Sum. (1) : co 1 HS`rP4 C1) 1 2 CI} T c!! T 3 X HS -P10 co I { to 1 01 co 1 C1) = i!7 U) X (1) (1) X HS5 -P18 _ _ al 0 •0 C 1) 3 0 0 0 w -J 0- 2 0 0 u. 0 w M w i- H U) EE 1 0 0 O. IX 0 0 LL 0 2 m5 LJ- (1) 0 I m ILL 1JJ z a z w LL 0 a) H w W 0 C w 15 L it 15 e L_ 0 ui cu in 8 w c m 0 W I- J C D Electric 617 High Starr _ Corpus Christi, TX 78408 TOTAL 1 0 O °o co o 0 Q .D c 0 O co 5,500.00 0 0 0 tri 244,000.00 275.000.00 0 0 O O- I Excel Purnp & Machine P. 0, Box 10039 Co5tus Christi, TX 78460 TOTAL 5,000.0,/ ` 5,000.0A 5,000,00 J s,000.00 103,810.00l I 121,900.00 UNIT 1 5,000.00 8 O 0 O 1 5,000.00 5,000.00 5,000.00 t O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 i- QUANT 1 1 . SUB- TOTAL REPAIR ITEMS FOR HIGH SERVICE N. 5 PUMP REHAB (Bid Itern HS5-P2 thru P23) SUB-TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 5 PUMP AND MOTOR AS Y. REHAB (Biddltem H55-M2 thru M6 + HS5-P2 thru P23) z 0 E o to 0! Provide repairs to steel cone to base plate connection with 5116 *x5" wide steel strip and painting, Complete In Place Per Lump Sum. Provide repairs to structure and discharge line inside base cone, with two 318" thick steel plates, welded in place, Complete In Place Per Lump Sum. _ -- Provide removal of existing grout, repair of anchors, provision of new grout per selected Option A or B, Complete In Place Per Lump Burn. Provide setup and verify trueness of top motor flange and bottom and side discharge flanges and reface as required, Complete In Place Per Lumo Sum. Provide machining of top and side discharge flanges as required to -1 complete Item H6-P22, Complete In Place Per Lump Sum. 2 0 R �r// �y HS5 -P21 HS5-P22 tv 1 [f3 0 LL 0 O 1 2 0 C LI. 0 Lli 2 w c w c C O 0 0 td 8 W c 0 co 0 CO W :lectric )h Starr sti, TX 78408 1 TOTAL 1 42,500.00 La 0 ° r.-7 r - 0 Q R j 3,000.00 3.000.001 O 0 0 °o 0 Cr) [ 42, 500.00 p 0. in 9 0 3,000.00 O O O O 0 in Excel Pump & Machine ,— P. O. Box 10039 Corpus Christi, TX 78460 i- O 0 ED 0 td 62,354.00 0 E LO 0 O 1, 00 N: co 0 I in C cd i tri r. N O. N. STEVENS WATER TREATMENT PLANT • HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 BID ITEM 1 DESCRIPTION 1 QUANT 1 UNIT 1 BASE BID HIGH SERVICE NO. 6 9 . cn ..1 SUB -TOTAL BASE BID FOR HIGH SERVICE N. 6 PUMP AND MOTOR ASSY. REHAB (Bid Item HS -M1 + Bid Item HS -P1) REPAIR ITEMS FOR HIGH SERVICE NO. 6 MOTOR REHAB The following repair items H-M2 thru M6 are included for pricing purposes only. The need for these items will be determined by actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under the allowance established for this purpose (see SP A-4) 1111 r r s- r — r SUB -TOTAL BASE BID FOR HIGH SERVICE N. 6 MOTOR REHAB (Bid Item HS -M2 thru M6) HIGH SERVICE NO. 6 MOTOR REHAB Perform Initial Site Inspection, Remove And Transport Motor To Shop, Open And Inspect, Recondition And Test Motor, Transport To City Facility, Test And Provide Report, Complete In Place Per Lump Sure HIGH SERVICE N. 6 PUMP REHAB Remove Pump, Transport To Shop; Disassemble, Inspect; Record All Dimensions; Complete Repair Recommendations; Clean All Parts - Complete; Complete Pump Data Sheets T-1/T-5; Replace External Fasteners; Reassemble Pump; Verify All Clearances - Provide New shaft couplings, Provide new Bearings, Provide New Shaft Sleeves, Lubricants; Provide New Packing /Seal, Provide New Gaskets; Clean, sand blast, measure metal thickness at all heavily rusted locations including cone to base weld, measure thickness of discharge line at corroded areas inside the housing, review data with engineer, weld closed small holes used to measure metal thickness, and Paint Pump And Base including prime base bottom, remove old grout. repair anchors, regrout as per selected Option A or B, Straighten, And Reinstall All Guards; Transport To City Facility; Install Pump; Clean And Lubricate Shaft/Motor Coupling; Perform Test With Data Sheets; Complete In Place Per Lump Sum. Additional Cost To Rewind Motor, Complete In Place Per Lump Sum, Additional Cost To Machine Endbell For Drive End Bearing, Complete In Place Per Lump Sum. Additional Cost To Machine Endbell For Opposite Drive End Bearing. Complete In Place Per Lump Sum. Additional Cost To Provide New Sleeve Bearing As Applicable. Complete In Place Per Lump Sum Additional Cost To Machine Shaft, Complete In Place Per Lump Sum. (D 1 Y E 1 CV (p 1 C9 (O 1 = HS6-M5 to 1 CD 0 1, C Q) O O z 0 —J 0 0 L_ 0 2 h (.0 rfe1-• 1- 1 C 0 U LL 0 an LL 4 z w c0 0 F- a w z z w w • in F- T qq • F� D w a LLl co 8 tu 5 eric ih Starr TX 78408 TOTAL J 2,000.00 O 0 l[ t-v 5,000.00 6,000,00 8,000.00 - 5,000.00 0 0 ig 9 8 in 8 8 lf) 8 8 O 0 8 0 0 °o O O 0 0 0 0 O C 3,000.00 3,000.00 5,000.00 0 8 O J CV O O ] O ,_ 5 8. O 0 0 O — O C O 11 0 0 6 O0 o D Excel Pump & Machine P. 0, Box 10039 Corpus Christi, TX 76400 TOTAL 1 O O 8 1 0 0 + — 0 0 kh r 0 9 8 C+" 8 v 8 O 0 c) 0 0 0 0 0 0 cis 0 0 O CV 0 8 — 0 0 r 9 11 of 9 0 O to v# z D 0 6 1,214.00 0 O O 0 *6 0 6 0 6 of 0 6 Le O O 0 O ol 8 o itt 0 0 0 c 0 O CAF 0 O O O 0 0 tC3 Tr- 0. N. STEVENS WATER TREATMENT PLANT I--II H SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 C BIDITEM DESCRIPTION QUANT REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP REHAB The following repair items H -P2 thru P23 are included for pricing purposes only. The need for these items will be determined by actual conditions, inspections and testing during construction and authorized by the Engineer. These items will be paid for under the !allowance established for this purpose (see SP A-4) - w a) w E } E a a) ce _ E. M (0 c {0 a cv0- O - — CO -a _c u! w 11 c li c (a � Z a) y 0_ 0 Q t E z a, :ID a- ) E i_ cL c a) E 3 . ig ea a a) :0 6 0. w I!L: c E 1 16 ju 6 u) c 0 CD O. (n v c 0 E C E C _J O z oo co to a _ E c p C ' ' D' {0 E E C 0 C a d .- . a o E E o ca E r 0 z 8 0 ,+� e C3 8 �. E E ,0 co 0 W0 11 -m E E o. °c a_ ID /. �m E by •.o °may ,E 6L L- V + V co C_ g E �a a) Z Z_e c E 0 a) G) a 41 0 8. Q) (..) 7. > 7-..E i u 7 :2 #o 2 a A Q = � 2 Fo 0. ff 0. O. Q. a_ Li co "- Additional Cost To Straighten Shaft, each. Complete in Place Per Lump Sum. Additional Cost To Provide New Shaft, each, Complete In Place Per Each. Additional Cost To Machine Wear Ring, each, Complete In Place Per Each. Additional Cost to Provide new Wear Ring, each, Complete In Place Per Each. Additional Cost To Machine Seal Chambers, Complete In Place Per Lump Sum. Additional Cost To Provide New Packing Follower, Complete In Place Per Lump Sum. NI*) 1 2 to co CO C#] i 0 +) — T i C*} (1) c! LII CD CO VJ co TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS S CHRISTI, TEXAS CU 0 CO •0 C TO 0 CP 0 r 0 r ui O - M 0 0 LL 0 8 s LU O L O •N Lii ii 1-. 2 w ce z an n an Q D Electric 617 High Starr Corpus Christi, TX 78408 TOTAL 6 0 O O ..' , x500.00 5,500.00 r288, 000.00 0 6 0 Cki 1—: 0 Q O 0 O co O 0 0 p0p kf} k[? O Excel Pump & Machine P. 0. Box 10039 Corpus Christi, TX 78460 _ TOT C. Q a pp O o ,-- 00'000'9 5,000.00 0 6 t. 0 i- 121,806.00 UNIT 5,000.00 0 0 O 0 O Q 5,000.00 5,000.00 0. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 i Z M 9 co � SUB -TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP REHAB (Bid Item HS6 -P2 thru P22) I QUANT 1 SUB -TOTAL REPAIR ITEMS FOR HIGH SERVICE NO. 6 PUMP AND MOTOR ASSY. REHAB (Bid Item HS6 -M2 thru M6 + HS6 -P2 thru P22) z 0 1- a. IX U LO LU 0 Provide repairs to steel cone to base plate connection with 8116 1)(8" wide ,steel strip and painting, Complete In Place Per Lump Sum. I I Provide repairs to structure and discharge line inside base cone, with t /8" thick steel plates, welded in place, Complete In Place Per Lump Sum. 'Provide setup and verify trueness of top motor flange and bottom and side discharge flanges and reface as required, Complete In Place Per Lump Sum. Provide machining of top and side discharge flanges as required to complete Item HS6 -P22, Complete In Place Per Lump Sure. 'W .0 it co , : 2 : HS6 -P22 1 to O. 0 U LL 0 ❑ _ El LL } ✓ uJ co H Q w z a l 0 eL kU 0 0 a) To U 0 0 2 0 a_ 0 uL 0 8 G3 0) C c w 0 O 2 6 kl.J 2 8 0 0 LU F- 5 r C D Electric 617 High Starr Corpus Christi, TX 78408 TOTAL 1 0 0. Q 0 CN 0 0 O co CO 00'000`906 t M 1 20,000.00 Excel Pump & Machine P. 0. Box 10039 Corpus Christi, TX 78460 TOTAL 1 0 O O 0 0 S 368,408.00 398,408.00 H z z 30,000.00 0. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION - FY 2007 PROJECT NO. 8570 B1D ITEM DESCRIPTION QUA NT UNIT ADDITIVE ALTERNATE AA -1 0 J TOTAL BASE BID PLUS REPAIR ITEMS (BID ITEMS H85-M1 +1-155-P1 + HS6-M1 + H 6-P1 + H55-M2 THRU M6 + HS5-P2 THRU P23 + 1156-M2 THRU M6 +1156-P2 THRU P22) TOTAL BASE BID PLUS REPAIR ITEMS PLUS ADDITIVE ALTERNATE AA -1 (BID ITEMS I-155-M1 + H 5-P1 + HS6-M1 + HS6 -P1 + FIS5-M2 THRU M6 + HS5-P2 H 5-P2 THRU P23 + H56-M2 THRU M6 + HS6-P2 THRU P22 +AA -1) r Extended Warranty in accordance with Technical Specification T -1 —The Contractor shall provide a written warranty for all materials provided and all labor associated with the repairs for three (3) full years, from the date of final acceptance by the City, complete and in place per Lump Sum. 1 1 O. N. STEVENS WATER TREATMENT T PLAIT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION 2007 FUNDS AVAILABLE: [WaterOperafln Operatin9 Fund FUNDS I E U F ED: PROJECT BUDGET September 25, 2007 Construction Cost Excel Pump & Machine Inc.) Construction f'_nntin. AnriAe Contin encies NE Consultants Patterson En • ineers Inc. Construction Inspection Engineerin g Reimbursements ements Finance Reimbursements Incidental Expenses (Printing, Advertising, etc. ESTIMATED BUDGET l$4.r4O2i3O49Q. 324 32,471. 19,200.00 12,988,00 7,823.00 3 247.00 1,867.00 402,304.001 [-EXHIBIT BIT "C" Page 1 of 1 \Mproject councilexhibits\exh8570.dwg O.N. STEVENS WATER TREATMENT PLANT 13101 LEOPARD ST IVER Fit 624 FECES BAY 4 ■ C.C.I. AIRPORT LOCATION MAP PVT TO SCALE z 1 CORPUS CHRISTI BAY PROJECT # 8570 PARTIAL PLAN VIEW O.N. STEVENS WATER TREATMENT PLANT NOT ro sruF MINT 1311 O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE NOS. 5 & 6 PUMP AND MOTOR ASSEMBLY REHABILITATION 2007 (6 HIGH SERVICE PUMP BUILDING NO. 1) cITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 09/14/2007 8 AGENDA MEMORANDUM AGENDA ITEM: September 25, 2007 A. Public hearing regarding South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. B. A Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A&M University- Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. ISSUE: The Ward Island campus of Texas A &M University- Corpus Christi is not sufficient for the future needs of the University. City- owned property near the intersection of Ennis Joan Drive and Nile Drive, including South Guth Park, is well situated to provide additional campus space for the expansion of the University. Chapter 26 of the Texas Parks and Wildlife Code requires a public hearing be held before park or recreational property is converted to a different use. Pursuant to the Parks and Wildlife Code, notice of the public hearing was published in The Corpus Christi Caller- Times on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007. At the public hearing, City Council is to consider all clearly enunciated local preferences related to the proposed change in use of the park property. The proposed Resolution makes the required findings, considering clearly enunciated local preferences, in order to convert the property from park and recreational use to a higher education use. REQUIRED COUNCIL ACTION: Adoption of the proposed resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A&M University-Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. RECOMMENDATION: Staff recommends approval of the proposed resolution. Mary ' F City A • rney Attachment: Exhibit Diagram of property proposed for conveyance to Texas A &M H:I LEG- DIR\Shared ary la enda\2OOr1 - IA9e fern SGuthPark.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Resolution Texas A&M University-Corpus Christi has experienced growth that has occupied virtually all of the developable land on Ward Island. The projections indicate that the University will continue to grow. In order t accommodate the current and future needs of the University, additional land is required for the expansion of facilities and the relocation of non-academic facilities to allow the highest and best use of the limited land on Ward Island. The University is a significant economic engine in the community. It is estimated that every 1,000 students at the University has a direct impa t of $23 million annually. The University has conducted an extensive review of areas for potential campus expansion and found that the majority of the adjacent areas have developed and are impractical for consideration for expansion. As a result, the University desires to expand to land that is close to the present campus on Ward Island. City and University staff have identified land that belongs to the City near the intersection of Ennis Jslin Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone for the Oso Wastewater Treatment Plant, and South Guth Park, The City has been in discussions with the University over the land required for the expansion of the University and staff believes that a conveyance of the land can be negotiated with the University, while providing for the continued drainage of the watershed that utilizes the drainage way, preserving the required buffer zone for the wastewater treatment plant, and providing new and alternate athletic fields for the leagues that currently use the facilities at South Guth Park. On August 21, 2007, City Council directed staff to provide notice of and schedule a public hearing on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26. Notice of the public hearing was published in The Corpus Christi Caller - Tulles on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007.. The public hearing is scheduled to be conducted during the City Council meeting on September 2 , 2007. Section 26.001 of the Parks and Wildlife Code requires the City Council to consider clearly enunciated local preferences and must find that there is no feasible and prudent alternative to the use of such land and that the program or project (the conversion from park to college campus) includes all reasonable planning to minimize a harm to the land, as a park, resulting from the use of the property as a college campus. The change of use will be contingent upon the recreational activities being relocated to other suitable sites with new facilities. Any agreement with the University will allow the leagues to continue use of the park facilities until the new facilities are completed and ready for league play. The proposed resolution makes the required findings and determinations that no feasible and prudent alternative exists to the conveyance of the South Guth Park property to the Texas A&M University System for expansion of the Texas A &M University- Corpus Christi campus and finds and determines that all reasonable planning has occurred for providing alternate sites and facilities for the park and recreational uses at South Guth Park to minimize a the harm from the conveyance of the property to the Texas A&M University System for the expansion of the Texas A&M University - Corpus Christi campus. It is anticipated that consideration of an agreement on conveyance of the property will be scheduled for Council consideration in October, 2007. H: LegDir /Sharedlgwslagenda/ 2007 /09- 25 /ResA &Magendamemoadd 010 MGM KU COMIC SITE Wart WV TO DU 030 • 1l *I1 Mre 1eW IIONi M Ale 1111(7 r: AZ IS MI I111A ZONE A 13 MOUS oum, Ma A U 919010140 We WOO OCUGAR7 et MOE MOM) 7W • soy nom 1 • 17R MN 4700 1 MAME iR 6,11 111► ISOM VIRUS {•MIrR 11919 4 UIIM OF IS IN IMOD r 111 SW • 1••••• Awn, M No awn $11■, awn um 1 VW 14#M._x+46 ■7MRWP 919491649 1i 7 Meat MP is WSW. IS lay I MS M NAM 1 11 #IM 9 MOW Wiwi 11r 1 1101 is' • iW a max _ pia 4.401M 1 •Ion roam i■YMn'1WM 1i mai WO MS gok *i11w • 1W Ills Its r 1111111 P1111'R M1M 14 Mat 1= pos Awn r alP NMI r MM loss% 13119 11R 1s,_ _mow WIMP IRON Cr MIMI MOM laps 11 Mae 1611 MS WW1" WIZEN, 19 Man 0999% ‘441 17 vo 1> An awn W mg IMI► NEICESWOL tali 11 ssisses M via u• 1MMOs 6.111 01M1n 1a i1M rignatag IMi1 # Amu NA Ho we* f1Mre ISMS ar NOM OWN aCallpS Kg MINN wa a - .711, Mr s - - r■11■IIIIL7f 1 Mgr- so OWN DM, MpIM4 71/119 fMOS 1al-- D1MI- ws +IIW • Pa w1 =IP M. Oil If let P 11r 1f■ it � ���� WI lows, Sin IMAP/PLA7 i I37.o Aga 1RAC7 1 1'N SITH PAM ITIACTO aka WASIIWATIN INIATIOIT PUNT Mb V - 91+ r!1 SEEM ■1k UM, l'4i MA lu1 7A 77p pm ma lid Page 1 of A RESOLUTION DETERMINING MINING THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USING OF SOUTH GUTH PARK BY THE TEXAS A&M UNIVERSITY SYSTEM FOR THE EXPANSION OF TEXAS A&M UNIVERSITY-CORPUS CHRISTI CAMPUS AND FURTHER DETERMINING THAT ALL REASONABLE PLANNING HAS OCCURRED TO MINIMIZE IMIZ HARM TO SOUTH GUTH PARK RESULTING FROM SUCH USE OR TAKING WHEREAS, Texas A &M University- Corpus Christi (TAMU-CC) represents significant asset to Corpus Christi and the region providing education and research that benefits the State of Texas and TAMU -CC has established itself as a world - class institution attracting students focally, regionally, nationally, and internationally; and WHEREAS, TAMU-CC -CC has become home to institutes such as the Conrad Blucher Institute and the Harte Research h Institute for Gulf.of Mexico Studies and because the benefits of research initiatives including the Early Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic it pa tion our community with an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAMU-CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are impractical for consideration for expansion, and WHEREAS, officials at TAMU-CC may have to cap enrollment if a site for campus expansion cannot be identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A &M University System has expressed interest in acquiring certain city - owned property along Ennis Jos lin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education, and urban planning employed by TAMU -CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and WHEREAS, the City Council desires to further consider assisting the expansion of the TAMU-CC campus; and H:1 LEG -Dl \shared \Gary lagendal 00711 O- 1 Res - TAMU -G -S uthParl .doo of 4 WHEREAS, Chapter 26 of the Parks & Wildlife Code requires the City Council to public hearing to determine if a feasible and prudent alternative exists hold prior to taking or using ubli park for a non -park purpose, such public hearing to the held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and notices of the public hearing were published on Thursday, August 30, 2007, WHEREAS, p Thursday, September 6, 2007, and Thursday, September 13, 2007, in The Corpus Christi Caller-Times; and City Council held a public hearing to receive clearly enunciated local WHEREAS, y p preferences con ernin the conveyance of South Guth Park to the Texas A&M System for the expansion of the Texas A &M University-Corpus Christi University p campus and the plans for providing alternate sites and facilities for the park and recreational uses at South Guth Park on September 25, 2007, at its regularly scheduled Council meeting. NOW, THEREFORE, BE IT RESOLVED ED BY THE CITY COUNCIL OF THE c1TY OF CORPUS US CHRISTI, TEXAS: SECTION 1. The facts set forth in the preamble of this Resolution are true. SECTION 2. City That Cl Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to determine if there was a feasible and prudent alternative of South Guth Park property for non -park purposes, in particular the to the use o P p conveyance of the park roe to the Texas A &M University System for the onveyan� p property � expansion of the Texas A &M University- Corpus Christi campus. SECTION 3. That after conducting the public hearing the City Council determined that there was no feasible and prudent alternative to the conveyance of South p rop Guth Park property to the Texas A &M University System for the expansion of the Texas A&M l University- Corpus Christi campus. SECTION 4. That after conducting the public hearing the City Council that all reasonable planning has occurred for providing alternate sites determined p and facilities for the park and recreational uses at South Guth Park to minimize a p from the conveyance of South Guth Park to the Texas A &M University the harm � stem for the expansion of the Texas A &M University- Corpus Christi campus. SECTION 5. That City Council considered clearly enunciated local preferences in making the findings that justify the approval of conveyance of the South Guth Park property to the Texas A&M University System for the expansion of the Texas A &M University- Corpus Christi campus. I:\LE -D1 ERIS har d\ ar \ gendal O0 '1 O -91 Res -TAI 1U- -S UthPark.dO ATTEST: Armando Chapa City Secretary APPROVED as to form: September 18, 2007 ciL_ Gr Smith Assistant City Attorney For the City Attorney Page 3o 4 CITY OF CORPUS CHRISTI Henry Garrett Mayor HALEG-D1R\Shared\GaryMagenda‘2007\10-9‘Res-TAMU-CC-SGuthParicdoc Page 4 of Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Bizondo, Sr. Mike Hummell _ -- Bill Kelly Priscilla G. Leal ,. John . Marez Nelda Martinez Michael M C tohon HAL -Di \ r,ar a \Gary lag nda1 o0 \10- 1 e -TAM - -s uthPark.da 9 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION September 25, 2007 AGENDA ITEM: Presentation on Broadway Wastewater Treatment Plant Diversion Status CITY STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. 'Angel R. Escobar 3. Foster Crowell OUTSIDE PRESENTER(S): Name 1. Govind Nadkarni 2. Dan Leyendecker er Title Assistant City Manager Director Director Title /Position Consultant Consultant Dept/Division Public Works Engineering Services Wastewater ISSUE: This is a presentation in response to Council request for more information. BACKGROUND: On August 21, 2007, the City Council requested staff revisit existing Broadway Site and compare to diversion to Greenwood Wastewater Treatment Plant REQUIRED COUNCIL ACTION: Directive to proceed with actions related to Council- preferred option. Foster Crowell, Director of Wastewater ,e s...„04, , ngel R. Escobar, P. E., Director of Engineering Services Lou 5Z ieqwe;. a .1 0 0 0 . Z P : I CD -0 CD LOU • - �A!13eJ!a punoo • 1 II CD CT -1 4) r%) ,9° N 0 0 CD • 0 c n ..z v R. m a CD 1 L a) c a) iliZ cd.) i f%) 0 0 0) 1 1 L E C tu m 0 N 3 �p) I%) r%) OFs4) O O Cif O N 0 0 c n .: v R. m n ..• c• 1 L a) C p1 Ib) I%) 0 0 1S4) 0 0 c 0, v 1:411. ei CD 1 (i) CD (7 3 a m -.1 meA ,P3 0 0 -a, 1 gm k< .1. .57' ....% r%) So O 0 3 1 ci) 0 -% co co ..q 1 CIO -I, CD —h uoqeueseid 0 CD E. w1 cn Eit O11 O G)-n m 0 00 CI, 0(3 as 0) 5 CD -4, p1(7 3 ic —1 5., <D Fia 3 3(I) `D rt e3UBJee Es. O CD �i 0 0 a 'o rt 0 too v 1:13 O Q 'A O N v O� r Cn 0 rt fl. TI 0 n CD • • • .% n n rn cio O co x cco 0 co W .1 . -i -0 = a � can � O 0 0 ....... i 0 = cm, = = .<0) vs CS fn mgl = -0 7 p D G) 3 >m•D-D -I. 4:7 c n O 0,) g o 0 12 � � 0. P CD c-% A ma O � � O W 0 13 = � Ve 6 O 0 � vi GI 3 m -% m rm c41 = = = * CO 0 CD o E 0 O G) ct. ▪ v I 7-0,7 0 cp Ci • o m m < OC-)=E?.2. � 0 114 if+ (n o oIpIo n m m z 0 z m .• 1 -0 cn CO ) " M rio 3 11) N j8 a a -1% a 0- p. 4,‹ 12: CA Ci) CD Q1 Q O cp co • • 4UwNA) � 0 zz1 p m m -u At a. 71 0 a) 5 5 • CC CO < . • O Q•D 1 1 . . IF IF g zz3 0 0 ci 111-1. v.* ...x in 0 0 CO .1 0 g7 m N M � j 1%..!A. 3 - ' c m .c a Ei CD Z y <D * O -a 0 is- -1 a lis Ft * wo 0 00. a a) .1 *i< .0 -o ri) Cn. FD+ :epnpui 01 UBIcJ UOIUG 0 0 c n .... D. LI es 1 c. a) co N ) c 0 r') 0 0 N u 1 I r ■ • n 0 ft C CD II v.....• ruJ 0 ±7 MILES P I IF L.J 01/01 Design: Contingencies ILift Stations: IForce Main: [Permit: 1 _ Capacity Requirements: Single Main and Lift Station Minimal Improve Broadway and New Intermediate cD. co 5 cr, r‘) 0 N.) so K 0 P 0 0 C ea x PI Dual Main and Lift Station Inclusive New Broadway and I New Intermediate 0 ea ....k lc' C '63 8MGD I 4OMGD(peak) J Present -,i uosuedwo UO1SJ8A!a l:l_I>C> > E m ; 0 • D 0� M =•n SU?icD < 1.11 < m >�E5:, o ac m 0. O00 1%) I%) ot�rtc mm 3 QNOOODa=�: m = o --1 > ca (D ci) mp5n °-mC)'O-D * � ZC1 al m 0 0 z 0 " m < 1 0 m 0 co m Ca 7. > 3 a — 3 cn M iv' C = 1J1u y r Q � N m � O�� p10 o 0 Si) co m zi —1 fi) < n- 0 0 EN .--1 pp Ell (D=0-O. z Zin cog)Erc,, n y n -I 13 -s rt D Cs E 2 CD 0 0 CI a 5. cri . g z m g m ca. GI Fir CD -0 gl) -n xi m CDCD = m c -� a = ta) (1) � CD (1) -4, Si r- = -‹ -4, 0- a m 0 p, c ri) 0) z- = 3 CD 0. CD -1 euuwiej ei*j Pod 09110 P31GS ti rr CD rfi m iuew POWflIBA3 0 IM% � cn Pi (#3 I%, � m cn. rd Oz>fl C ca 0 0 = 0 = (4 a p. k< . 14‹ Ft..) CD 0 � < < z -6 0 o. 3 ..p. o ci) o .. CD 5 ma cn r) 0) 0 * co 7 cr = a = -1. -5 5- -6" Er mu E 0 IV ci) o 0 u) 0 < = = = xi = fA .4. X O� co N � 0,) FDIF = 1 = (4. M CD 1.._ (1) a a) y Q = 5 1 5- Q. C (1) rt in. cu -811 Cn 1 m N c1) m m itT 3 CD rt (7. cn lD Z CD O CD r 00 O. CO c� (1, m cn rn ca 3 cn cnin rt 0 .�r <D Ch C/3 Ci) Cn -i -I 14 mmmm 00 V tri 0C)(DC) 0 0 ri) k > > 1:1 .10 -0 M Co m CO CD ‘< cD 3 � Si 11 � rt O Z p Z mi. a) Ch CD Q y <D CO *.< Z O cn a CD 0) —I —I m m 1 1 � w 0 S. a N m N (1) m N m 1 1 CD -% n CO � � O G� m m 74: 0- ca -0 `< o to -13 CD ;4. th.i. ‘< 3 cri' cA) � a CO CT) .h (pen U !UO3) c,, c1) N (/) Ci) • • =1 • • =1 • • ...1 • • • ..1 • • q 0c Ill Cn0mCAymcncnomcncnm 0 = -ah mg la ;El, mg 0 co ..IL p: 0 K.) x: ow —% 0 0 ...% 0 1 a; (1) = I CO el 1 1:4 caCr p m o 7 0g1 o gs o F ° 8 � 3 0 CO '* tri a: � � v S. y CT 3 ao y m °c1 o mu � oQ) 0.0 i D 4=1:. ..... c c 1 c = E€ 0 i- -I < o mi.. 3 < ci) 3 m -0 * AL- 3 0 0 3 12- —' m o u) m x- m 0 su co a — cD7 71: (1) M mioh II;; Sa a Ci M ri -ci a m 3 5 r+CD M t a -% .,0) � o ow. i m� wawilm°—' '� CD mc.-0a 0=C1) , X. �' = CIO a NAB cn� A� CD k�Ci) cQ C � f/1 C m ur m � a N N � f/! `�in. = .-1. 0 -% c 0 ai z- 0 tn cro to '1'1 -0O ocg Q CflmcD 0 0 0- a cr 0-‘,‹ CD = C N C aicrc C C 3o. CO r � Ci) 2 � -a " 0- CD �i Cl a m :-g S O N .1 0 om O (DCD CD Ca es 5 M _ m -0 CD CD .1:2 JD 5 2 m .0 ct 'la O ccs CD i o. 3 3 3 3 m CD CD Fir cn i I w N ..a N N e c4 W. BROADWAY AT SAM RANKIN CITGO PORT AVE TERMINAL SITE FLINT HILLS RESOURCES TANK FARM PCCA PROPERTY NORTH SIDE !NORMAL SITE WASTEWATER _ PLANT - - g -1 11111 ii g El Pa E i 3 1 1 i 4 1 :§ ! LEGEND 1 OA oC, CITY OF CORPUS CHRISTI NEW WASTEWATER PLANT CONSTRUCTION September 18, 2005 ti iiiii_ii DEC _ir__•ii ..____ii JN FE° ii • i "'''� I. i i i "" - _ _ i i i i r i '" II I MI JliL MI I. MI I _ I_ MOM =QM _ i EMI EMI MOM _r_ ii WON m E _I_ MI • • MEM i EZI • ___ II m • i • El .__III_ _•iii iiii_ •••= ! CM EZI Ea • iiiflE_ iiiiiiiEMI ____i__ iiiiiii ii_i_ii _i__ii_ MEM MEIN EMI CM M 1 1 1 1 1 1 ate ec adj it C rr c cth _.i MOM MINIM MEM MEM MIM - MEM MIIIMIII=11 iii ii_i MEM _.•ice ' - �. DEC i es •_ ____03 _iii MOM MI! MEM MUM iii MMI MEM iii iii _ii _ OM UM _ m MIME .•_ iii • i NUM MI • EMI . l • __E=7 i i • iii FED i iii MIMI= i MINIM ii® _ MIi MMIMII • iii ii ' { • MEM MI =° • ___ MI Ell MI MINIM • m • iii • CO la MIMI _ WA IN MINT _ ECM i iii • EZI MI MERIN • EZI • iiiii • i•i__ EEO 1 + 1.111 iiiiiii CM _______ ri_____ m iiiiiii 1 r__i__i C iiii__i I 1 1111111 imi ____._i En I� iiiiiiiiiiiiii• OM iiiiiiiiiiiiiiii 1 i' a)* Pic g - J . Fr) -1 un y s • * 2 1 . El a ) a ) � a Om WI mmoi 5 co Cflm rr O Ei O Q -t �D Pt r+ 0 n � .4 = a 3�Dn m %< IF+ C) * < ma c.4. QI)r)o Ea a = 5 crari g 21,1 u) cl) a) Cn 7 u) ;41-: m .0 m * -0 W t�n O (1)' 5' cn, -.6-1 Dm m 'G rt'O � Q CA SU 71: = = O. .0 0.... o-% Mik. 0 ci) c-3 0 3 ..: co S. = ci) = 0. Q an. 13) = 4 2, 5 CD 3 = mit ci) 0 i) o c, Q (/) (Dm � O � � C1) n 0 C 0 .: v :1-. co n m 1 c. co c ca Oa .% r • • mmmm-nm-n co -a m m m ct• m m m — 1 m m a- -% c c c c c � m x QQQQQQQ D su ci) w su ci) su ci) r- m m mm < r%) �N�oo�w O * c K) K.) K.) K3 o o co z m g °°°°° °° o o o oac? 5:7? E o -i 9.) R) F!) o) n � — Z(•) CO --1 E 73 > 0 0 EEECEEE cn -zil O 0 0 omm==z= o 0 * m > m cc cc an to co co E I -4 * * * * * * * m o m E commcommm � ci) r = r+ Pi: rr :� r+ rr 74: � m m m � 0- n- � m- m- n- x mmmalmalm pat v.: at EP.: cr. rt. rz. z 4.4) x E '0 C) Ci "!� � C� C7 o >zm n (O illa � (�j c —. cn > —I mm >ooc ▪ yo 0 m 1DZ mmmm � ca 0 G9 cI) � cps. e• a m m 09 0 � u2s. cQ (f) > m a) m m fics -c14 ". 2 c1:4 CD= 3 u) — 1 an (I:' a ta 2 2 El Mn M CD .4 (i) a Cn U) Cn � Q1 � Ca1 Et p1 .., -h gq f I Modifications to Resaca Lift Station Site Acquisition including Environmental Cleaning I I $3,360,000 so $107,000 $1 18,080 $33,240,000 $49,027,080 VIII 20- YEAR LIFE $49,027,080 $18,630,000 ; $67,657,080 $1,397,000 $16,023,000 $83,680,080 $849,000 $11,353,000 CITGO PORT AVE. TERMINAL SITE 2006 SITE 3 UPDATED) Is Si CO CD b 0 44 IA Cht V 0 CITGO PORT AVE. TERMINAL SITE 2006 SITE 31 $854,000 tit a) i 1 M cri V, o FLINT HILLS RESOURCES TANK FARM 2006 • SITE 4 (UPDATED) / / , -1 0 -i r W 0 0 Q0 0 0 co) rt` n CD cn 0 � r 1" o c m an a si 3 uolsuedx3 aan ;nd o 0 m X 0 co a 0 0 -, c 0 mit 0 m 0 0 0 2 tu 0 :1: m a c CD a 1 . . CD Constructability- Force Main 2 CD 11 co S1. 0 g -13 CD 1 3 a 5 to go 0 0 m 1 c 0 r.t. 0 0 0 0 -, c 0 sr a 71` il -a cd m h CD 3 u. 5 0 CO 0 0 1 m 0 ‹. 3 0 3 CD Foi- 0 0 m 0 -% co I,'J j Jo; luawase3 /MOd suaaouoo !epos Li;awoa puei r co m a n V). 0 .1=& .P Ch -I C Fl � rn0 M 7:1 -13 E 0 > -I r 11 1 111 t...) .4 sit. toki 4= 4:k (.4 . it i CA C.4 0 01 cin cn "zi m GI X m rnr 0 E 0 _1 c i xi - 0r rnr ,cn 0) =1 m 4:. -43 " Ci) M Eng ti) 3 2 3 cn (1) CD -0 gt: -0 o � ZCD CD* o 11) Fr) D)C1) ca • • nom 5.2 4 v ° m 0 E 69 -FD 51 g es CD M -1 0D• A. o- -I c 94 *m m ifJ. -I < w _., � N E. = co ci 5 mo =0)000 . 11 0 0 fml c..1 .0 F... P.) Li. co 3. Di g c 0 a a * O oi) = Q 2h 74::3- V I%) 3 c8 y �p � 'a es • a Elm a CD P. 3 mu) 4.< 5 m 4) 93 0 .in 71: .. = M M oh co mi mg � AL M Ft w m to a s 3 S. m �5 ..i. = , .10 (C1 M EY * — a O 3. -I = x a) 0 3 = ND CD0 m W(1) y O fl) < m O. fu * a a w ‘iirfti rit M � � ca C1) = ati CD cm N rD4A Z m CD 0 c FI:011' O. m 0 0 0,) n Eii: 0 0,) O im5 :900Z `04 ieqweoN a) %,‹ WWCO al N C 0p%) fa Q z p1 %,‹ p1 = G � � p1 (1) -a � (DO -t rt Es rn 7 -1 CO —1 5 ..% m m IX ". 3 = <D (C1 =v ri. m -0 U) 1r Cf3" Fdt. = Ci) M 51 CD u) 0 > a a a co co �o� nmmmv rr x rt 3 5. 0 -% C1 m ..L ca. c -%1 sit. c„c 2 ,.,,..„ DJ m i-la o, M CD o cl. o � • o < a) 0 !;!'cno V CL � N c:Di O CC M * 2 a co z- tila Er I-1- ia) ri) 0 mit mitt a) 0 64< r+ a) 1,1 mh M * 5 a o. * a) (12 * co 4=1:1 o 2) 74: c 0- cf; z 3- a G) * Fo 0 a) ci ca 0 gi) = < o 5. PS411. E i es 0_ ms SaZ -s p� M M 3Q rta r = e-i- u) a s 0,, 0 -, 0 — = 0 = = 5,..., CD CD C U) S CD a 3 71. m M I— IN Z a < O 0 . c7D3 0 . . . < m v I 0.. 73 R" x ei iw N . 2 :6: cox ° CO a 7 es � W v� M ' o y ..... 3 � ✓ WcD.+W �� N 0. • � f-iiL mwi G c O t0 a c O CI) .N OCD � y 'Nrt' —% 0. -(7) c-.7) 0 -.. K, ggi: 0 j ..., (4!# IN) O N y O -, 0 C y n rr L� 1 cc 0 , . C'1 (nd) lsoO w V o Tdn N Nd bA 19 03 IN V 0 1W1NNV 1S O1 JJd OIVI I 0 & CO F4 N3 0 In 0 0 Co 0 r Co 01 0 0 w ter 0 CO CO OD 0 0 0 w 0 000‘91.0‘001 `` 1 IQ . 'CO leD _u & M 0) 0 b 0 0 0 1 0 0 0 0 0 0 OOLIL170‘91.1. 0 0 0 O 0 55 m 0 0 r C) 0 0 03 0 0 co 4. 3 0 Effluent Ouffall Line Construction & Easement f):11: CD 0 I0. 0 0 c r� 0* N 0 0 CD uo4fisul pue Bupeo 0 0. i co I co 0 Modifications to Resaca a Lif Station 0) 'To cl 5. r Ss z 3 CD 01 01 0 0 co v 0 0 wr 0 0 Co3 1.n 0 0 co 0 1 Ito 1.1 0 0 teci 01 0 0 co 0 0 0 0 01 0 0 0) 0 0 0 0 mr l 0 03 0) 0 0 0 th 0 0) 0 0 .�i 0 0 0 0 O 0 0 0 0 (A CAI to 2 0 0[ co 0 '..4 I; 0) 0 --i r 0 co m Nal 00 0 0 0 0 - 1 -- 4* (1 0 0 0 0 4* 0 0 0 0 0 CO 0) 0 0 xi m m 0 Cn L *4 z o 0 0) rn 10 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title 11 Transition Plan and the City's Non-Discrimination Ordinance. STAFF PRESENTER {S }: Name Title/Position Department 1. Leon Bazar Director Human Relations ISSUE: The City Council is to receive updates regarding the efforts made under the City's ADA Title 11 Transition Plan and the City's Non-Discrimination Ordinance. BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. Additional Background XX Exhibits ❑ Director of Human Relations BACKGROUND INFORMATION This overview presentation will provide Council with update information reflecting the last 12 months of activity regarding the Human Relations Department's key initiatives and responsibilities in ADA and Non-Discrimination and will include: • Human Relations Department overview • ADA Update • Committee For Persons With Disabilities • EEOC FEPA Employment Discrimination • HUD/FHAP Fair Housing Discrimination Human Relations Overview The major responsibility of the Human Relations Department is to conduct and enforce a positive program of Non-Discrimination in Employment, Fair Housing, and ADA Accessibility and Public Accommodation. The enforcement authority of this Non-Discrimination responsibility is defined under the City of Corpus Christi Non-Discrimination Ordinance, title VII of the civil Rights Act, HUD Fair Housing Act, and the Americans With Disabilities Act (ADA). The department is accountable to the City of Corpus Christi as well as to the Equal Employment Opportunity Commission under a FEPA (Fair Employment practices Agency) contract, and to HUD under a FHAP (Fair Housing Administration Program) contract. ADA Update: "Trash Pick -Up" One of the most visible and utilized programs under the City's ADA initiatives is the Trash Pick-Up service. Through this program, "back door' assistance is provided upon request, at no charge, to citizens with a disability. Documentation must be provided that the citizen is not physically capable of placing their trash at curbside and that they have no other support to be able to do this. A total of 260 citizens are currently receiving this service and 17 new requests were processed during this reporting period. This program is a coordinated effort of the Human Relations Department and Solid Waste Services. ADA Update: Accessibility Grievances/Public AccommodationslTechnical Assistance A. AppssibiIity_Qr-ivances are those concerns that may impact a path of travel for a person with a disability. The City ADA Coordination (Director of Human Relations) and department staff, (with the support of Engineering Services, Code Enforcement, Development Services, and Parks and Recreation) investigate, determine resolution and responsibility, and negotiate accessibility compliance. During the period of August 1, 2006 to August 31, 200 7, thirty eight (38) accessibility grievances were received and included : • Missing or broken sidewalks /curb ramps • Sidewalk obstructions (low hanging branches, vehicles on sidewalks, etc.) • Curb ramp to street transition • Pedestrian signals (timing, non-working) • Non-compliant ADA parking B. Public Accommodation resolutions are intended to ensure that a person with a disability has equal access to services, programs, and activities. Reaching resolution requires staff site review, agreement, and timeline for resolution completion. All businesses or other entities involved have been very cooperative and willing to make accommodations as requested. During this reporting period, 25 Public Accommodation complaints were addressed and included: • Accessible restrooms, entrance doors, path of travel, and airport transportation with hotel • Restroom door and Council Chambers "well" accessibility at City Hall • Denial of entrance of person with disability at business • Ramps and ADA parking at shopping strip C. Technical Assistance reflects voluntary requests for technical information and site assistance on ADA restrooms, ramps, parking, etc. 17 voluntary requests were responded to during this reporting period and reflect a positive initiative from our business community and other entities. Examples of this requested Technical Assistance included: • Citizen request for sidewalk repair requirements • TV station request for ADA parking and entrances audit and recommendations • Day Care facility request for ADA playground equipment guidelines • Apartment Manager request for ADA ramp guidelines • Restaurant request for site review to identify ADA improvement opportunities D. Innovative and/or Proactive ADA Initiatives reflect the City's commitment to take proactive initiatives to ensure accessibility within our facilities and programs. Some of these included: • Engineering began the utilization of a contractor that utilizes a "foam lifting" process to level some sidewalks. Seventeen 1 applications were successfully applied in the Downtown area and the first residential application was on Waldron Road in Flour Bluff • Engineering began the utilization of thermoplastic curb ramp installation. This is a more cost effective and time- saving initiative versus the traditional pavers. • City pool wheelchairs lifts installations were completed • Wheelchair lifts have been ordered for Marina use by "Sail Away" program for persons with disabilities • lerimam -Boby House at Heritage Park accessible entrance and restroom enhancements have been completed • Engineering is not permitting the use of diagonal curb ramps in City curb ramp construction. This initiative benefits those with visual impairments in crossing at intersections. ADA Update: Committee For Persons With Disabilities The Committee For Persons With Disabilities is a City Council appointed advisory committee composed of 9 community representatives and includes staff representation from Engineering, Development Services, Parks & Recreation, and Legal under the guidance of the Human Relations Department. This is a very active committee and during this reporting period was involved in several key initiatives that included: • Assisted in implementing and reviewing the ADA Parking Volunteer Monitor program with the Police Department and Municipal Court • Assisting Human Resources in Job Description development program to ensure that applicants with disabilities are not denied the opportunity for employment with the City where applicable • Assisting Engineering in project reviews and accessible elements of such projects that have included Downtown, McGee Beach, Staples Street, Weber Road, North Beach, etc. • Hosted the statewide Barbara Jordan Media Awards event with the Governor's Committee For People With Disabilities • Prepared 2008 Bond recommendations regarding ADA accessible route needs • Represented by members on the UDC sub - committees • Assisting Parks & Recreations in reviews of programs and outreach (e.g., Latchkey, Program brochures, etc.) Future focus of the Committee For Persons With Disabilities will include: • Review and update of the City's ADA Transition Plan • Recommendations on accessible housing design • Continuance of Engineering project reviews • Coordinate education opportunities with other entities supporting persons with disabilities in our community • Review and recommend inclusion of persons with disabilities in City sponsored activities and programs EEOCI FEPA Employment Discrimination The Human Relations Department Compliance officers' investigative plan for EEOC employment discrimination charges (and HUD Fair Housing discrimination complaints) include request and review of related documents, witness interviews, on -site visits, issuance of determination, mediate, and negotiate settlements and if necessary, temporary restraining orders. During this EEOC contract year (Oct. 1 to Sept. 30) , we have completed 88 case closures and expect to achieve 96 by the end of the period. Our initial EEOC contract was for 87 case closures. Approximately 60% of charges allege Race discrimination and 25% allege discrimination based on Sex. Other basis include National Origin, Religion, and Retaliation discrimination. We anticipate to complete 250 EEOC discrimination Charge Intakes by September 30, 2007. In March 200 7, we partnered with NAACP, LILAC, and American G.I. forum in presenting an Employments Rights Seminar that featured speakers from the EEOC, TWC (Texas Workforce Commission), and the DOJ (Department of Justice). Approximately 75 community leaders and citizens participated. We have also provided 40+ training sessions within the City staff and community regarding non - discrimination in the workplace. In August, we were honored by the EEOC and presented a National Public Service Award for our case resolution work and community outreach. HUD 1 Fair Housing Discrimination As a HUD FHA (Fair Housing Administration Program), we completed 32 Fair Housing discrimination case closures during the HUD contract year (July 1 to June 30). Approximately 60% of these charges allege Race discrimination and 25% allege discrimination based on disability. Other basis include National Origin, Age, and Familial Status. We currently have 29 Fair Housing cases under investigation. In the Spring, we partnered with the COG in presenting an annual Fair Housing Seminar. Over 100 attendees representing housing providers, advocacy groups, financial institutions, and HUD representatives participated. Human Relations Department *ADA Compliance •Non - Discrimination Ordinance Annual Update September 25, 2007 Update Presentation Outline • Human Relations Department Overview • ADA Update • Committee For Persons With Disabilities • EEOC 1 FEPA Employment Discrimination • HUD FHAP Fair Housing Discrimination City of Corpus Christi 1 Human Relations Department Overview • Conduct and enforce a positive program of Non- Discrimination in employment, fair housing, and ADA accessibility and public accommodation • Enforcement defined under City of Corpus Christi Non- Discrimination Ordinance, Title Vii of the Civil Rights Act, HUD Fair Housing Act, and Americans With Disabilities Act (ADA) • Accountable to City, to Equal Employment Opportunity Commission under FEPA (Fair Employ- ment Practices Agency) contract, and to HUD under FHAP (Fair Housing Administration Program) contract City of Corpus Christi 3 ADA Update "Trash Pick -Up" • Provides "back door" assistance at no extra charge to citizens with disabilities upon request and provision of disability documentation. Coordinated effort of Human Relations and Solid Waste Departments. Total of 260 citizens receiving this service. 23 new requests were processed during this reporting period. City of Corpus Christi 4 2 ADA Update Accessibility G rievances/Pu blic Accommodations/Technical Assistance • Accessibilty Grievances — concerns that may impact a path of travel for a person with a disability. City ADA Coordinator and staff, (with support of Engineering Services, Code Enforcement, Development Services, and Parks & Recreation), investigate, determine resolution and responsibility, and negotiate accessibility compliance. City of Corpus Christi 5 ADA Update Accessibility Grievances/PubIic Accommodations/Technical Assistance • 42 Accessibilty Grievances included; - missing or broken sidewalks/curb ramps sidewalk obstructions (low hanging branches, vehicles on sidewalks,etc.) - curb ramp to street transition - pedestrian signals (timing, non - working) - non compliant ADA parking City of Corpus Christi 3 ADA Update Accessibility Grievances/Public Accommodations/Technical Assistance • Public Accommodation — ensuring that a person with a disability has equal access to services, programs, and activities. Requires staff site review, agreement and timeline for resolution completion. City of Corpus Christi 6 ADA Complaints Under Non - Discrimination Ordinance Total of 20 Ordinance complaints or requests for Technical Assistance based on disability for this period 1 (Place of Public Accommodation) involved a review of the "swing" of restroom door potentially impeding a person using a wheelchair - 2 (Place of Public Accommodation) involved a hotel regarding accessible restrooms, doors, path of travel, and transportation. - 4 for assistance for ADA trash pick up services. for other sidewalk obstructions and accessible path of travel issues — under investigation - 5 requests for voluntary on -site ADA reviews or technical assistance in ADA accessibility. ity of Corpus Christi 7 4 Non - Discrimination ordinance Hunan Relations Department also responsible for enforcing non-discrimination applications relative to employment, fair housing, and places of public accommodation. *Contractual funding agreements with the Equal Employment Opportunity Commission EEOC and the Department of Housing and Urban Development (HUD) Fair Housing Act division. City of Corpus Christi 8 i Non-Discrimination Ordinance Case Closure Requirements • Compliance Officers' investigative plans for EEOC and HUD Fair Housing include request and review of related documents, witness interviews, on -site visits, issue determination, mediate, and negotiate settlements. Some cases may require issuance of subpoena and temporary restraining orders. One new Compliance Officer completed Advanced Investigator training provided by EEOC. City of Corpus Christi 9 5 Non- Discrimination Ordinance EEOC Contract Summary • 19 EEOC Employment yment discriminati n cases resolved during this Quarter ▪ were No Fault Settlements resulting in reinstatement, monetary settlement, neutral Letter of Reference, and/or required Supervisor and Employee Harassment and Non-Discrimination training *statute /Basis for Discrimination for 44 charges received included: * Race/National Origin 35% * Sex 24% * ADA 6 ° o • Age 14 % City of Corpus Christi 10 Non-Discrimination Ordinance EEOC Outreach • Coordinated meeting of Regional EEOC Director with representatives of local minority organizations •Coordinated Diversity recognition through monthly proclamations recognizing Black History, Asian Pacific Islander, Irish American, Women's History, etc. City of Corpus Christi 11 6 r Non-Discrimination Ordinance HUD Fair Housing Contract • Closed two HUD Fair Housing cases this Quarter Complaints included alleged discrimination based on familial status and race and national origin in setting different terms, conditions or privileges in the rental of property. •Expect increased education effort with support of newly formed Fair Housing sub - committee under Human Relations Commission City of Corpus Christi L For more information: City of Corpus Christi Human Relations epart ent ww .ccte as. om (361) 880 -3190 TTY (361) 8444759 12 7 11 CITV COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of 4th Quarter FY 2006 -2007 Budgetl Pefformance Report. STAFF PRESENTER(S): Name Title /Position Department _ 1. Eddle Houlihan Asslstant Budget Director ISSUE: The 4th Quarter Report for the period ended July 31, 2007 has been completed and distributed to the City Council on September 21, 2007. The report is now formally presented for Council Review. REQUIRED COUNCIL ACTION: No formal action is required. Ed.ie Houlihan Assistant Budget Director Power Point Presentation X Exhibits o 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: , 9125107_ AGENDA ITEM: An ordinance amending the Code of Ordinances Chapter 31 Noise, by repeating the existing chapter and adopting a new Chapter 31 Noise; providing for severance; providing for publication; and providing for penalties, ISSUE: The ordinance requires updating so that noise issues may be better addressed within the City code. REQUIRED COUNCIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: Ordinance section last updated in 1958. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Bryan P. Smith Chief of Police Attachments: • Ordinance BACKGROUND INFORMATION The City of Corpus Christi last addressed the noise ordinance in 1958. Since that time there have been many changes in what types of noise the community experiences on a daily basis. Updating the ordinance will address the outstanding issues that have been raised by many citizens in the community. The primary change to the ordinance will be the insertion of an allowable range for noise measured it decibels that is received on a property. There is a distinction for measurement between day time and night time and certain exceptions will apply for activities such as operation of emergency vehicles, property maintenance like lawn mowing, and activity otherwise regulated by state or federal government. The decibel limits to be imposed by the City, basically 60 dB(A) during the day and 70 dB(A) at night for sound received on residential property, fall in the middle of the range for limits presently used by other cities. The regulation of vibration and sound from vehicles will also be a new provision in the ordinance. This is a common concern of many cities as sound from modem audio equipment ent , engineered to be louder, becomes more prevalent in vehicles and has been allowed to exist without any boundaries thus far. Several Texas cities such as San Antonio, Laredo, Victoria, Austin, Grand Prairie, and Houston have passed similar ordinances in the past. For some perspective on measuring decibel levels, the attached page lists some common sounds and their respective decibel levels. "Your One Stop Shop for Plant Maintenance, Reliability, Test & Measurement" vovw.reilabilitydirectstore.com 2911 South Shore Bird. Suite 170, League City, TX USA 77 573 Phone: 281-291-957-5283 Fax: 281 -334 -4255 Sound Pressure Level Chart Amplified Rock Musa - --11 dBA Normal Conversat▪ ion m .--.0 dBA Bedroom of a Country Home —30 dB A Jet Taking of @ 60 m —120 dBA Tractor c 15 m -.-."- dBA Quiet Living Room-40 SBA Sound and intensi is measured in decibels (dB). Our range of hearing starts at 0 dB and is considered safe up to 70 dB. Over and above that level is hazardous and can result in co � permanent hearing damage. Some facts about dB's d exposure atB. • Auditory nerves can be permanently damaged from prolonge • 120 dB can cause pain and ringing in the ear. • Sharp ain and extensive destruction of the auditory nerves occurs at 140 dB. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 31 NOISE, BY REPEALING THE EXISTING CHAPTER AND ADOPTING A NEW CHAPTER 31 NOISE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS: SECTION 1. That Chapter 31, Noise is amended by repealing the existing Chapter 31 and adopting a new chapter, to read as foliows: "CHAPTER 31- NOISE Etc,./1-1. standards. A-weighted sound level means the sound ress re levef in decibels as measured on a spun • level m ` ter usin • the A -wei htin network. The level s read is d si nated d (A or d A. Noise nu s ? {= means irr tatin vfAxipu or disturbing sound inatin ! from n - a • .r. s a under se • arate owner hi . wh'ch taus init.' di comfort r distress of la person of reasonable nervous sensibilities or ,any sound , that exceeds the maximum permittedsound bevels eked in subsection 31 -3. LAresidentia! property shall mean any real Roe that i not included in the definition of residential • ro • e as defined In this section. Without limitation the term includes • ro residents 1 •ro devoted to 1 rties ublic tu ro 1 •1. � • erties that have been develo • ed other than as erties that are undevel ed and • ro •I such as bIic streets and . arcs. 1 • erties that are Resider2ay shall neon any real . r • • e develo .ed and used for human habitation that contains living facilities including, provisions for sleeping,. ea tin cooin and sanitation unless such remises are actual! y occupied and usec±orimarily for _purposes other than human habitation. $ound !evel means the wei hied sound ress re level obtained by the use of a sound level meter and f - suen v ei. him! network as soeci ed in American National Standards Institute s • eccations for sound level meters. If the fre • uenc wee • htin em • to ed is not indicated the A- ei • 1 htin shall a. .1 • Sound level meter means an instrument which is used to measure sound ._ressure levels. Sec. .. Noise nuisance enumeration. a The followin • acts anon • others not hereinafter enumerated are declared to be "none nuisances," and are unlawful and in violation of the, rovisions of this division when such acts are done or accom dished or carried on in such a manner or with such volume intensl or with continued duration so as to ann, to distress., -fir to disturb the • uiet comfort or repose pf a person of reasonable nervous sensibilities within the vicini or hearin * thereof or so as to erg an er or ir're the # or heal h of h ms or annals or as to interfere with the physical well being of humans or aninir r r i're p@pmgif qr„real, prmaryi al The - playing or permitting or causina the playing of any . , r i = television drum 'ke box msi: 1 instrument sound amplifier or similar �e which produces, re ro_du e , r amplifies sound. 2 The kee • it of an animal fowl or bird which makes fre uent •r long, co tinued_nois 3 The contin ed or fr uent soundin of an horn or other si! al device r arima tour o it r rah je, 11notorcy r other vehicle. except as danger signal. 4 The disch - • e into the o • en air of the exhaust of - n steam en ! ne stationary internal combustion engine, automobilp_njotorc, r cithp,r motor vehicle or boat exce .t throu • h a • ro • erl installed muffler or other device which reverts loud or ex • losive noises therefrom. (5) The crying, calling, or shouting. in person ry a mechanical device or the use of an whistle rattle belt • o • cla ' • er hammer drum horn buds aver or hon ra , h ' h or without an am life r hand o an or other devices or instruments. musical or othorwisq. (6)Theraucoups shopting. whistling. yelling, iC irs _h otim_or crying of Re!er,p, Pgwic&s, - vendor, or a other persons. 7 The create . n of an unreasonabl loud distur rn ! and nnecessa noise on an street or sidewalk ad'aent to an schoo h • • dal or court which is in session. sec. -3 Noise violation decibel readings. a It shall be unla 1for a •erson to conduct •emlit allow or • roduce a sgund that is discernable beyond the propertyIinesof the property on which the sound is being produced that. when measured with s- sound level melpr using the standardized ' uenc wei htin ! as s • eciled b the American Na tonal Standards Institute, exceeds the applicable level 1stdbowjithe propel on I h he -sotind is received: (1) Seventy(70) d A betweent hours of :01 a.m. an d 10:00 p.m. , Sunda throu ! h Thursda and between the hours of 7:01 a.m. and 12:00 midnight on Friday and Saturday.. (2) Sixty ,60 -dB(A) between the hours of 1 0:01 p.m. and 8 :00 a.m. Sunda throe' h Thursda and between the hours of 12:01 a.m. and 7:00 a.m. on Friday and Saturday and between the hours of 12:01 a.m. and 8:00 a.m. on Sunday. 3 Ei . h Fiv 85 dB A for sound that both on inates from and is received on ro • e within the Downtown Mana s ement District which is thareabounded bby Lower Broadway. Interstate 37. Shoreline Boulevard includin ' the marina areas and Kinne Street at all times. (b) The levels set forth in this sectro apply to the property where the sound is einn _received. n sound that when measured at the property where the sound is bein ! received exceeds the dB level se forth in this section is a violation f this chapter. c An sound or i inatin from Qoie Perk shall not exceed seventy 7. cIB(A) when measured from an ri ate roe . ec. . Vibration jhalI be unlavil for an arson to cate,naiptain or cause any ground „ or airb m - vibration which is erce title without instruments by a ' ers n at an oint on an affect ro e adoinin he .ro. - in which the vibration • • source 1, located unless such a M is otherwise federal law. 1 fated u n • er state sec. 3 -- . Vehicular mounted so d am Mead • n s - tems. It shall be unlawful for ar___311 or controlling a motor vehicle Lftther a public or private place wilhin the city to o aerate any sound am . irfier hich is part of. or i nnected to. any radio, stereo receiver. _compact disc -pia er, cassette player, or oth,r similar device in the motor vehi le. in c a manner that, when_o erated is audi le at a distance of thf r r n rye feet from the source or v rhn o crated apses a person to be aware of the vibrafion a ..m . an in ! the s • and in an location outside e confines of the vehicle emi : o the sound. nols , or vibratioi r Exceptions. T# a cro ns pf this division shah not a l to: La) The emission of sound for the o e of aiertin erson to an emergency: or (bJ Souqproducby erne enc vehicles: or ._ Sound ,produced by a vehicle motor with a prp erl ip$alted n of r while the vehicle is movinsL on a public right-of-way. public watetway,a_jmort r riwa or railway: g d Sound • roduced b an ! overnmental bod in th - ' erf• rmance of a rrmentI function. or (0) Sound ener tecIedt.i1ecl s t a d i u m s edators and a ici ants n the Grade rout- dur in _ ' : ..��. _ perm wade: b o tdoor - -- - celebration •articl 'ants s•onso - . or co- s•onsored b he of for the !enerai veifare of the ubi is except for the - limitation in Sec. 31- c b • atrons and artici _ ants using cannons and unflre dudn historical battle- reenactments for rhich a rotech is ermit 'Its been obtained and the explosives have -been inspected nd a roved b the fire marshal: by rotechnic dis la s that are Lniected and a . rov d by the city fire marshal. shal. or Sound !enerated from normal activities conducted on • ublic •la • rounds and u lic or private schopjffouricis, included bu _not limited to school athletic and school entertainment events. or Sound • enerated b an a Ivy in which the re Walton thereof has been preempted by state or federaLlaw1inctuding but not to sound rod aced 1py_aircrffilt, h Sound ! enerated b the normal maintenance of mowin f • rovided he activiti take 1- ce from 7: • 1 ro e such as lawn 0 a.m. to 8:00 . : or 1 Sound • rod ced b he .. ; ration of an air- conditionin unit heat 1 UM or swimmin 70 1 • ool machine which does n t • roduce a sound exceedin seven • n resid ntial • ro r e or sev- n 75 • BA on non - resident 1 'ID • when measured at a distan_Qiejther_fift.eI (15) feeUrqrpthe , equipment • rodcin • the sound or to the nearest exterior wall of a residential or • mmercial buildin nder se arate owner hi s whichever distance is shorter or Sound • r. . uced b construction o erations inclu in . demolition re ' air drillin xcavation and alteration Burin the hours of 7:00 a.m. and 8:00 .rn • unless the work is of urgent necessity in the interest of - Du li health and safety, Sec. 31-7. Method of noise measurement Whenever ' croons of this cha • ter • rohibit noise over a certain decibel limit, measurement of said noise shall be made with a decibel meter rrir, li standards prescribed by the American National Standards Institute. Traffic. aircraft and other trans . ortation noise sources and other bac • round noises shall not be considered in takin 1 measurements exce t where such back 1 round noise interferes with the rima noise bein measured. Measurements ma be taken t • pint on ad cent 5 ublic or rivate ro • e or on et her sid of an ad'acent blic ri ht-o -w = t or near the bounda line of the ro • where the noise is generated. §9sta0:4„Anivorcement and penalties. a An •erson firm •r co •oration who violates an • rovision of this article is gamy_ misdemeanor and upon conviction is punishable- - by a in Section of the Code of Ordinances of the C' of Co . us Christi. Each act of viola ion and each da of violation is considered a se on firm or co • or tion who obs ructs im re • - sentative of the ci with a re arate violation, edes or interferes with a resentative of a de . artmerit with monitoring equipment, or with a person who has been ordered to abate a situation ' ursuant to this artic and who is lawfuil en ! a ! ed in such abatement is • ail of a misdemeanor and u on conviction is 1 unishable b a fine rovid In section 1-6 of the Code of Ordinan s of the CI • of Co • us Christi. Each act of violation and each day of violation is considered a separate violation. In addition to • roceedin • under authori of subsections a and b of this c section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a persons firm, pr -ri that remains jn yiitin of this article. Sec. 31-9. Identification of violator. The •ersons res •onsible for violations of this article are identified as follows: (a) A resent. g he time of the offense, and gai_guest or trespasser trespasser,vyith Ihe abfili to control level of noise at the time of ,offense when tio the time of the offers e. nonLesidential p m . An busines_p_g&____„_linier o ra r manager, errs to ire ch and aII eip___'sons in control l or in osse ion of the noise r e r n e e r a instrument or pro a at I tyr B o l e offense. At an location with an unattendqd noise r uiserk r+dcin machine de*ctumntemimal orsombination of same. Anv person who *limp unattended an hstrument, dice_animaI or any mbination of same which thereafter comer - s . roducin noise in vi lation of this article." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3 Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4 Penalties are as provided in Section 1-6 of the Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper ... John E. tvlarez Larry Elizondo, Sr. Nelda Martinez Mike ell Mike McGthon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Mike M Cut hon Bill Kelly PASSED AND APPROVED, this the day of , 2007. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to legal form 1'f 7 , 2007. By: Joseph Ham y Assistant City Attorney For City Attorney 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 25, 2007 AGENDA ITEM: Motion directing the City Manager to implement dues check -off capabilities for non public safety city employees. ISSUE: Pursuant to City Council Policy No. 16 (d), this item was placed on the agenda after at least five members of the City Council confirmed their request with the office of the City Secretary. rge K. Noe City Manager