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Agenda Packet City Council - 03/11/2008
CITY COUNCIL AGENDA MARCH 11, 2008 0 143S 'El. 0314 girik wara Pa SO ►°tl EIt low oral -,04frma .i1►, s. ►,�l%I Ms& ORPORP 1852 11:45 A.M. - Proclamation declaring Wednesday, March 19, 2008 as "Mayors for Meals Day" Proclamation declaring the Month of March, 2008 as "Irish American Heritage Month" "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CiTY HALL COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MARCH 11, 2098 10 :00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12 :00, p.m. or at the and of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your .subject, please present it to the City Secretary. Si listed dirigirse al Concilio y cree que su ingies es limitado, habr un interprete ingles- espafiol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. invocation to be given by Reverend Henry Williams, Corpus Christi Christian Fellowship. 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 Tem Bill Kelly Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of February 19, 2008 and February 26, 2008. (Attachment #1)' Agenda Regular Council Meeting March 11, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda. summary). F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. • Arts and Cultural Commission Commission on Children and Youth Landmark Commission Oil and Gas Advisory Committee • Park and Recreation Advisory Committee • Sister City Committee * Water Resources Advisory Committee Weed and Seed Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. 11. CITY MANAGER'S REPORT • Upcoming Items 1. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council' Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting March 11, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the 3. Motion approving the purchase /lease- purchase of twenty -two (22) pickup trucks and four (4) cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No BI- 0068 -08, based on low bid, and low bid meeting specifications for a total amount of $477,852. The vehicles will be used by Animal Control, Facility Management and Maintenance, Gas Department, Solid Waste, Street Department, Storm Water, and the Wastewater Departments. Twenty -four of the vehicles are replacements and two vehicles are additions to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund, and the Animal Control Operations Budget. (Attachment #3) Access Ford, LTD Corpus Christi, TX Bid Items: 3, 8, 9, 10 11, 12, 13 and 14 $256,640 Sames Crow Ford Corpus Christi, TX Bid Items: 1, 2, 6, 7 $137,746 Grand Total: $477,852 Champion Ford Corpus Christi, TX Bid Items: 4,5, and 15 $83,466 4. Resolution authorizing the City Manager or his designee to submit an Outdoor Grant application to the Texas Parks and Wildlife Department in the amount of $500,000 to develop the first phase of the Conservation / Interpretive Park on Oso Bay. (Attachment #4) Motion authorizing the City Manager or his designee to execute an amendment to Agreement of Sale with the Trust for Public Lands, for the purchase of 49.53 acre tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot 17, and Lot 18 Section 32 and Lot 17 Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to amend purchased land acreage from 49.53 acre tract to 48.91 acre tract. (Attachment #5) 6.a. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the Council on Alcohol & Drug Abuse — Project Link for counseling, education, and referral services to at -risk pregnant and postpartum women. (Attachment #6) Agenda Regular Council Meeting March 11, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the South Texas Substance Abuse Recovery Services (STSARS) — Project Vista for substance abuse treatment to homeless or at -risk homeless individuals. (Attachment #6) 6.e. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Hannah's Hope for educational services for children with autism. (Attachment #6), 6.d. Motion authorizing the City Manager or his designee to execute and agreement in the amount of $1,000 with the Volunteer Center to prepare and promote a new on -line database of volunteer opportunities. (Attachment #6) 6.e. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Nueces County CPS Community Partners — CPS Rainbow Room for the operation of the Nueces County Rainbow Room. (Attachment #6) 6.f. Motion approving the transfer of $1,000 from City Council Organization to the Senior Center Organization within the General Fund for support of senior services to be split equally among the Greenwood Senior Center, Lindale Senior Center, and Broadmoor Senior Center. (Attachment #6) Motion authorizing the City Manager or his designee to authorize a permit for the temporary closure of Coopers Alley from southbound Shoreline Boulevard to northbound Shoreline Boulevard, starting March 28, 2008 at 8:00 a.m. to March 30, 2008 at 5:00 p.m. for the Corpus Christi Festival of the Arts and authorizing the City Manager or his designee to issue a permit for the Festival upon meeting the conditions and requirements for permit in Section 49-17. (Attachment #7) Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $67,720 for the Parker Park Pool Office, Bath House, and Pavilion Renovations. (BOND ISSUE 2004) (Attachment #8) Agenda Regular Council Meeting March 11,'2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary). 9. Ordinance appropriating $316,656.75 from the Citgo street closure and $602,576.51 from Texas Department of Transportation proceeds into the Street Capital Improvement Program (CIP) Fund No 3530 for preliminary scoping and estimating services of potential projects for the Proposed Bond Issue 2008; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $919,233.26. (Attachment #9) 10.a. Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with Goldston Engineering, Inc. in the amount of $75,685 for a total restated fee not to exceed $124,185 for the Preliminary Scoping and Estimating Services for Proposed Bond Issue 2008 Street Projects. (Attachment #10) 10.b. Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with RVE, Inc. in the amount of $75,685 for a total restated fee not to exceed $124,185 for the Preliminary Scoping and Estimating Services for Proposed Bond Issue 2008 Street Projects. (Attachment #10) 10.c. Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with HDR Shiner Moseley Associates, Inc. in the amount of $80,000 for a total restated fee not to exceed $125,000 for the Preliminary Scoping and Estimating Services for Proposed Bond Issue 2008 Street Projects. (Attachment #10) 10.d. Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $75,025 for a total restated fee not to exceed $125,000 for the Preliminary Scoping and Estimating Services for Proposed Bond Issue 2008 Street Projects. (Attachment #10) 11. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Aquifer Storage and Recovery Conservation District to provide for the delegation of duties between the City and the District the use of City Staff for District purposes and protects, 4TE 741E IME telE Agenda Regular Council Meeting March 11 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the funding of District functions and projects and coordination of activities between the City and District for the management of groundwater and water stored in the aquifer pursuant to the District's purposes. (Attachment #11) 12. Second Reading Ordinance — Amending Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development ". (First Reading 02126108) (Attachment #12) J. PUBLIC HEARINGS: 13. Public hearing and First Reading Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending the Top Ten List of highest priority recreation facility needs in Section 9.2; providing for repeal of conflicting ordinances. (Attachment #13) K. SPECIAL PRESENTATION ITEM: 14. Update an Storm Water Master Plan Project (Attachment #14) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15.a. Ordinance appropriating $801,430.91 from the unappropriated interest earnings in the Storm Water 2006 Capital Improvement Program (CIP) Fund No 3492 for the Storm Water Master Plan Project; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No 027546 by increasing appropriations by $801,430.91. (Attachment #15) 15.b. Motion authorizing the City Manager or his designee to execute Amendment No 4 to the Contract for Professional Services with Goldston Engineering, Inc., in the amount of $1,266,154 for a total restated fee of $2,622,419 for the Storm Water Master Plan Project. (Attachment #15) Agenda Regular Council Meeting March 11, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16.a. Motion authorizing the City Manager or his designee to execute a construction contract with Landmark Structures I, L.P., of Fort Worth, Texas, in the amount of $3,379,000 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part A Base Bid plus Additive Alternate No. 1. (Attachment #16) 16:11 Motion authorizing the City Manager or his designee to execute a construction contract with Austin Engineering Co., Inc., of Austin, Texas, in the amount of $762,923 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part B — 30 -inch Transmission Main from Padre Island Elevated Storage Tank to Park Road 22. (Attachment #16) 17.a. Resolution approving a contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCI6N Texas, Inc., granting $50,000 in Business Incentives for Small Business Interest Buy -Down Program. (Attachment #17) 17.b. Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to ACCION Texas, Inc., for an interest buy -down program to assist small businesses in Corpus Christi. (Attachment #17) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. Report on Preparations for 2009 Blue Angels Air Show on City's Bayfront, presented by Barry Box, Buccaneer Commission (Attachment #18) 19. Street Maintenance Committee Report (Attachment #19) 20. Local Redevelopment Authority (LRA) Status Report (Attachment #20) Agenda Regular Council Meeting March 11, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject please present it to the City Secretary.) Si usted se dirige a to junta y cree que su ingles es limitedo, habra un interprete ingles- espanol en la reunion de la junta para ayudarle., PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZENS FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 21. Executive session under Texas Government Code Section 551.071, regarding claim of Warren Madden for damages resulting from a motor vehicle accident, with possible discussion and action related thereto in open session.. Agenda Regular Council Meeting March 11, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the ..end '. of the agenda summary) 22. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street at 2 :30 p.m,, March 5, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at 'www.cctexas.com after 7:00 p.m. on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Mike Hummell ** Priscilla Leal Michael McCutchon John Marez Nelda Martinez ABSENT Larry Elizondo, Sr. `Arrived at 11:44 a.m. * *Arrived at 12:20 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 19, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe Cty 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 Father Peter Martinez with St. Cyril Methodius Catholic Church and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. Mayor Garrett referred to Item 1 and the foliowng board appointments were made: Committee for Persons with Disabilities Abel Alonzo (Reappointed) Rosa M. Valdez (Reappointed) Thomas Dreyer (Appointed) Irene Martinez (Appointed) Landmark Commission David Brown (Reappointed) Michelle Braselton (Reappointed) Leo Rios (Appointed) Susan Rucker (Appointed) Reagan Sahadi (Appointed) Randi Evans (Appointed) Scott Harris (Appointed) Community Youth Development (78415) Program Steering Committee. Anna Cortez (Reappointed) Rosa "Linda" Rincon (Reappointed) Diana Mesa (Reappointed) Fr. Peter Martinez (Appointed) Janette C. Flowers (Appointed) Linda Moyer (Appointed) Erica Mora (Appointed) Jim Boller, Ill (Appointed) Library Board Barbara Silverman (Reappointed) Lucy McCracken (Reappointed) Andrea Naismith (Reappointed) Dr. Roe{ G. Carmona (Appointed) James Martin (Appointed) Minutes — Regular Council Meeting February 19, 2008 — Page 2 Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Council would take a brief recess at 1.00 p.m. for the raising of the United States Flag of Honor that will be flown in tribute to Officer Matthew Thebeau. Mayor Garrett called for consideration of the consent agenda (Items 2 -8). Mr. John Adams requested that Item 6 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 027581 Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $3,290.84 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye ", Cooper, Elizondo; and Hummell were absent. 2.b. ORDINANCE NO. 027582 Ordinance appropriating $3,290.84 from the Coastal Bend Regional Advisory Council into the No 1056 Ambulance Fund to purchase equipment supplies, and services to support the delivery of emergency medical services from the Corpus Christi Fire Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Hummell were absent. RESOLUTION NO.027583 Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability Block Grant application to the State of Texas, Office of Governor, Criminal Justice Division in the amount of $10,874.14 for anti-shoplifting program for the Municipal Juvenile Court with a City match of $1,208:24 in the No 1020 General Fund, and total project cost of $12,082.38. The foregoing resolution was passed and approved with the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ", Cooper, Elizondo, and Hummell were absent. 4.a. ORDINANCE NO. 027584 Ordinance authorizing the City Manager or his designee to execute a five -year lease with Pat McDonough, Jr. beginning September 1, 2007 for crop farming on approximately 359.45' acres, located at the Corpus Christi International Airport in consideration of the payment of an annual fee of $50 per acres. Minutes — Regular Council Meeting February 19, 2008 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Kelly, Leal, McCutchon, Marez; and Martinez, voting "Aye" Cooper, Elizondo, and Hummell were absent: 4.b. ORDINANCE NO. 027585 Ordinance authorizing the City Manager or his designee to execute a five -year lease with James P. Kelly beginning September 1, 2007 for crop farming on approximately 533.287 acres located at the Corpus Christi International Airport in consideration of the payment of an annual fee of $50 per acres. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and Hummel) were absent. 4.c. ORDINANCE NO. 027586 Ordinance authorizing the City Manager or his designee to execute a five -year lease with Tommy M. Bernsen and Dolores H. Bernsen beginning September 1, 2007 for crop farming on approximately 336.78 acres located at the Corpus Christi International Airport in consideration of the payment of an annual fee of $50 per acres. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummell were absent. 4.d. ORDINANCE NO 027587 Ordinance authorizing the City Manager or his designee to execute a five -year lease with James Charles Bernsen beginning January 1, 2008 for crop farming on approximately 244 12 acres located at the Corpus Christi International Airport in consideration of the payment of an annual fee of $80 per acres. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummel) were absent. MOTION NO. 2008 -039 Motion authorizing the City Manager or his designee to execute a contract with HDR Engineering, Inc. in the amount of $88,500 for consulting services associated with Pre Planning of Emergency Recovery Operations. The foregoing motion was passed and approved with the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Cooper, Elizondo, and Hummell were absent. 7. ORDINANCE NO. 027588 Enacting new Article IV of Chapter 13, Code of Ordinances, entitled "Vacant Downtown Buildings;" establishing property maintenance, security, and monitoring provisions required for vacant downtown properties; establishing downtown vacant building registration and Minutes — Regular Council Meeting February 19, 2008 — Page 4 inspection requirements; establishing fees; establishing enforcement provisions; providing an effective date; providing for penalties; and providing for publication. (First Reading 02/12/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Kelly Leal; McCutchon, Marez, and Martinez, voting "Aye ", Cooper Elizondo, and Hummel) were absent. Mayor Garrett opened discussion on Item 6 regarding a Development Agreement with The Preserve at Mustang Island, LLC, Mr John Adams, 307 Katherine Drive, spoke regarding the sand dunes and the temporary use of city water connections: John Kelley, 3621 Austin, spoke regarding the dune protection laws and the amenity improvements. Carolyn Moon, 4902 Calvin, spoke regarding placing mulch over the sand. Council Members asked questions regarding a water meter for the development; the security cost; neighborhood or stakeholder meetings, the amount of frontage at Tortuga Dunes, the mitigation process; location of 25 foot dunes within the 350 foot line, the newly planted dune vegetation; the bond with Nueces County; the use of brackish water to water the vegetation; how this development fits into the smart growth concept; the consideration of a traffic impact analysis; improvements to Zahn Road; the purpose of the development agreement, whether the decision of the Council impacts the mitigation of the dunes; and whether improvements to Zahn Road are eligible for funding from the Water Resources Development Act (WRDA). Deputy Director of Development Services Johnny Perales and Craig Thompson with Naismith Engineering responded to the questions. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2008 -040 Motion authorizing the City Manager to execute a Development Agreement with The Preserve at Mustang Island, LLC (Developer), to establish development requirements for a mixed use residential project located north of Road, adjacent to the Gulf of Mexico on Mustang Island. The foregoing motion was passed and approved with the following, vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye', Cooper, Elizondo, and Hummel) were absent. Mayor Garret opened discussion on Item 8 regarding abandoning and vacating a portion of the Whataburger Way public right -of -way. Bill Kopecky, 3609Topeka, spoke regarding the frontage at apartments on Gollihar Road. Lee E. Flemmings, 4602 Mildred Drive, spoke regarding the flooding for the area and provided a petition on the street closure. A brief discussion ensued regarding storm water drainage for the neighborhood. Doris Yaklin, 4605 Mildred, provided additional signatures to the petition and spoke regarding traffic and drainage problems. Abel Alonzo, 1701 Thames, thanked the Council for addressing the needs of the residents and spoke in support of the project. Council Member Marez stated that the City will make improvements to address the drainage issues. Council Member McCutchon asked whether it was feasible to extend the right turn lane southbound on Staples Street. James Turcotte, representative for Whataburger Restaurants L.P., said the traffic impact study did not require the extension of the turning lane, however, Whataburger is willing to analyze the potential impacts. Interim Assistant City Manager Angel Escobar stated that a dedicated right turn lane would improve traffic conditions. Mr. Escobar added that the traffic analysis showed there was not enough traffic to justify the lane. Minutes — Regular Council Meeting February 19, 2008 — Page 5 City Secretary Chapa polled the Council for their votes as follows` ORDINANCE NO. 027589 Abandoning and vacating a 24,638.46- square foot portion of the Whataburger Way public street right -of -way, located between the Gollihar Road and Mildred Drive street rights -of -way; subject to compliance with the specified conditions. (First Reading 02/12/08) The foregoing ordinance was passed and approved on its second reading with the following vote. Garrett, Cooper, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye", Elizondo and Hummell were absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the publication deadlines for the City's Annual Financial Report (CAFR). Rick Price, 925 Carmel Parkway, recommended that the Memorial Coliseum be used as a police /fire training facility. Tony Hartwell, 657 Don Patricia, spoke regarding the City's response to, his issues raised about the Animal Care Services Department. Mayor Garrett announced the executive session, which was listed on the agenda as follows: 12. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0108 -02, Ronald A. Voss A change of zoning from a "F -R " Farm -Rural District to an °'1 -2" Light Industrial Distract resulting in a change of land use designation from agricultural to light industrial on 14.899 acres (Tract 1) and 2.000 acres (Tract 2) both out of Bohemian Colony Lands, Lot 7, Section 14, located on Greenwood Drive approximately 1275 feet south of Saratoga Boulevard: City Secretary Chapa stated that the Planning Commission and staff recommended approval of the' I -2" Light Industrial District on Tracts 1 and 2. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Ms: Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 19, 2008 — Page 6 9. ORDINANCE NO. 027590 Amending the Zoning Ordinance, upon application by Ronald A. Voss, by changing the zoning map in reference to 14.899 acres (Tract 1) and 2.000 acres (Tract 2) out of Lot 7, Section 14, Bohemian Colony Lands, from "F-R" Farm -Rural District to "1-2" Light Industrial 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, Hummell; Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo and Leal were absent. Mayor Garrett referred to Item 10, and a motion was, made, seconded and passed to open the public hearing on the following zoning case: Case No 1207 -01, Scott Electric Co., Inca A change of zoning from a "R-15" One - Family Dwelling District to an "1 -2" Light Industrial District resulting in a change of land use from residential to light industrial on property described as Shoreline Park Addition, Lots 9 through 11, Block 8, located on Dempsey Street, approximately 100 feet west of North Port Avenue. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-2" Light Industrial District, and in lieu thereof, a Special Permit to allow for the construction and operation of an outdoor vehicle storage yard subject to a site plan and six (6) conditions, Council Member Kelly asked questions regarding the negotiations with the Hiilcrest Neighborhood Association. Interim Assistant Director of Development Services Faryce Goode - Macon said Scott Electric met with representatives of the Hillcrest Neighborhood Interest Group and staff. Ms. Goode -Macon stated that the result of the meetings included a compromise of the six (6) conditions and the Special Permit. No one appeared in opposition to the zoning change. Mr: Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed, Mr. Chapa polled the Council fortheirvotes as follows: 10. ORDINANCE NO. 027591 Amending the Zoning Ordinance, upon application by Scott Electric Co., Inc., by changing the zoning map in reference to Shoreline Park Addition, Lots 9 through 11, Block 8, from "R- IB" One- Family Dwelling District to "R-1B/SP" One - Family Dwelling District with a Special Permit to allow for construction and operation of an outdoor vehicle storage yard, subject to a Site Plan and six (6) conditions; 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, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. Minutes — Regular Council Meeting February 19, 2008 — Page 7 Mayor Garrett referred to Item 11 regarding the Health Plan Overview and RFP Process and Progress. Director of Human Resources Cynthia Garcia stated that the City's contractwith Humana for health care benefits expires in July 2008. Ms. Garcia explained that the City hired the consulting firm, Hay Group, to assist with the Health Plan process Richard Easley, Senior Consultant for the Hay Group, referred to apowerpoint presentation including a background of the company; the City's health benefits spending overview; key areas driving health care costs; changes in health care over the last 10 years; power of integration; and the request for proposal (RFP) process. Council members asked questions regarding the number of groups that did not apply for the RFP because of the timeline; the last time the City went through the RFP process; the timeline of the previous RFP; the period for open enrollment; whether all of the vendors received the same information; the gathering of data collection; the number of employees and retirees over the age of 55; whether the City has had discussions with the American Association of Retired Persons (AARP) for the option of providing insurance for people over the age of 55; and the reason that a goal plan for retirees starts at age 65. Mayor Garrett called for a brief recess for the Council to attend the flag ceremony honoring Officer Matthew Thebeau. Mayor Garrett returned to Item 11 regarding the Health Plan Overview and RFP Process and Progress. Mr. Easley returned to the powerpoint presentation including the RFP process; the City's health care strategy; scope of services; the evaluation criteria; and the current status of the process. Council members asked questions regarding the reasons the current RFP process was conducted earlier, the number of vendors that did not submit proposals; whether the RFP process is still ongoing; the reason open enrollment was changed from January to June; the mail -order facility;, the benefits of mail -order prescriptions, claims pending and not processed for payment due to the change in software by Humana based on the October 31, 2007 quarterly report, if the claims were current as of December 2007; how the unprocessed payments affected employees or their dependents; the claims for October, November, December 2007; if the data from the second quarter is important to provide for the RPF process; the number of years of information provided for the RFP process whether loss of claims data impacts the RFP process; stop loss activity for 2007 -2008; dependent enrollment; whether there is an employee committee to evaluate the RFP process; the integrated approach; the administrative and stop loss costs per employee; the number of City employees; whether Humana has employee clinics; and preventative health. Mayor Garrett called for Council concerns and reports. Council Member Leal announced a neighborhood meeting for District 3 at West Oso Elementary School. Ms. Leal also spoke regarding her trip to Chicago to attend her grandson's graduation from naval training. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:15 p.m. on February 19, 2008, PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Priscilla Leal Michael McCutchon John Marez ** Nelda Martinez *Arrived at 10 :12 a.m. * *Arrived at 10:07 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 26, 2008 - 10:00 a.m. 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 with Council Member Michael McCutchon and the Pledge of Allegiance to the United States flag was led by Councii Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of February 12, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Council is invited to participate with the Del Mar Board of Regents on discussions for the selection process of the next Del Mar College President today at 6:00 p.m. at the Del Mar College Economic Development Office. Mayor Garrett called for consideration of the consent agenda (Items 2 -16). There were no comments from the public. Council members requested that Items 9, 10 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 027592 Resolution authorizing the submission of a grant application in the amount of $67;214 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Two funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $5,564, for a total grant application of $72,778, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper and Marez were absent. Minutes — Regular Council Meeting February 26, 2008 — Page 2 RESOLUTION NO. 027593 Resolution authorizing the submission of a grant application in the amount of $67,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use af alcohol, and to provide for an education program with a City cash match of $25,154, in -kind contribution of $746, for a total project cost of $92,900 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye, Cooper and Marez were absent. RESOLUTION NO. 027594 Resolution authorizing the submission of a grant application in the amount of $100,964 to the State of Texas, Criminal Justice Division forYear 9 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $38,953 and $16,800 in -kind services, fora total project cost of $156,717 and authorizing the City Manager or his designee to apply for accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 5.a. MOTION NO. 2008 -041 Motion authorizing the City Manager or his designee to accept a grant in the amount of $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye Cooper and Marez were absent. 5.b. ORDINANCE NO. 027595 Ordinance appropriating $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant in the No 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 6.a. MOTION NO. 2008 -042 Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. Minutes — Regular Council Meeting February 26, 2008 — Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ", Cooper and Marez were absent. 6.b. ORDINANCE, NO. 027596 Ordinance appropriating $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner in the No 1061 Police Grants Fund with a City match of $4,711 from the Law Enforcement Trust Fund. An emergency was 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. 7. RESOLUTION NO. 027597 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of State Health Services in the amount of $50,000 for a Community Obesity Prevention Project— the Coordinated Community Approach to Promote Wellness (CCAPWeII). The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ", Cooper and Marez were absent. MOTION NO. 2008 -043 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors of Corpus Christi, Texas in the amount of $322,125 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye, Cooper and Marez were absent. 11. MOTION NO. 2008 -046 Motion approving the application from the K Space Contemporary to temporarily close the following street section for the Urban Art and Hip Hop Party: A. The 400 block of Starr Street between Chaparral Street and Mesquite Street beginning Saturday, March 8, 2008 from 1.00 p.m. to 6 00 p.m. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting 'Aye" Cooper and Marez were absent. 12. MOTION NO. 2008 -047 Motion authorizing the City Manager or his designee to execute a work orderwith BFI Waste Services of North America, Inc., (Allied Wastes), in the amount of $465;000 for additional Minutes — Regular Council Meeting February 26, 2008 — Page 4 excavation associated with storm water pond 3 at Cefe Valenzuela Landfill and daily cover material as additional services under the Landfill Services Agreement. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper and Marez were absent. 13.a. MOTION NO. 2008 -048 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg owners and developers of Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road for the installation of 2,508 - linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon; and Martinez, voting "Aye', Cooper and Marez were absent. 13. b, ORDINANCE NO. 027598 Ordinance appropriating $166,225.11 from the Arterial Transmission and Grid Main Trust Fund No 540450- 21805 -4030 to reimburse Donald and Kathleen Kirchberg for the installation of 2,508 - linear feet of 12 -inch PVC water grid main for Rhew Industrial Tracts Unit 1. An emergency was 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. 14.a. MOTION NO. 2008 -049 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 928 - linear feet of 8 -inch PVC water distribution main. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly„ Lea!, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 14.b. ORDINANCE NO. 027599 Ordinance appropriating $30,165.58 from the Water Distribution Main Trust Fund No. 540450 - 21806 -4030 to reimburse Donald and Kathleen Kirchberg for the installation of 928- linear feet of 8 -inch PVC water distribution main for Rhew Industrial Tracts Unit 1, An emergency was 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. Minutes — Regular Council Meeting February 26, 2008 — Page 5 15.a. MOTION NO. 2008 -050 Motion approving a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 1,366 - linear' feet of 12 -inch PVC sanitary sewer collection line. The foregoing motion was passed and approved with the following vote:, Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ", Cooper and Marez were absent. 15.b. ORDINANCE NO. 027600 Ordinance appropriating $166,843.50 from the Sanitary Sewer Collection Line Trust Fund No 540450 - 21801 -4220 to pay Donald and Kathleen Kirchberg, for the installation of 1,366- linear feet of 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension and Construction and Reimbursement Agreement to develop Rhew Industrial Tracts Unit 1, and to pay lot/acreage fees related. to Rhew Industrial Tracts, Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 9 regarding the Rolled Curb and Gutter Replacement FY2007 -2008 Project. Council Member McCutchon asked questions regarding the consultant work; whether Mr. Felix Ocanas is a professional engineer; if the City does inspection work; and whether the City has a consultant on all rolled curb and gutter projects. Interim Director of Engineering Kevin Stowers stated that the consultants scope of work deals with the initial field review and inspection to make sure repairs are done correctly. Mr Stowers added that Mr. Ocanas is a professional engineer; and historically, there is a consultant involved on the rolled curb and gutter program. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2008 -044 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving, Inc., of Corpus Christi, Texas in the amount of 6431,300 for the Rolled Curb and Gutter Replacement Project FY 2007 - 2008, The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye, Cooper was absent Mayor Garrett opened discussion on Item 10 regarding the 2008 CI P Project Management and Construction Inspection. Council members asked questions regarding whether the Anderson Group Construction Management (AGCM) will be used for the Bond 2008 project the services provided; the time frame for the contract; whether the contract will be amended if the projects are not completed in a year the work involved in the previously approved contract with AGCM in January; competitive employment; the benefits for hiring outside engineers; the amount spent on AGCM services for the last five years; increasing the Engineering Department staff; the amount spent on outside engineering contracts; the cost f the work had been done by staff; how the services are funded; attrition; who is handling the construction management of the Doddridge project whether the City has the capacity to deal with problems on projects as they arise; Minutes - Regular Council Meeting February 26, 2008 — Page 6 management on Masterson Drive; the number of construction and design engineers on staff; the number of construction engineers understaffed; internships; and who oversees the construction managers. Council Member Marez suggested the development of an employee home loan program to attract and recruit City employment. Council Member Hummel[ asked staff to provide information on the needs of the Engineering Department to improve staffing. Council Member McCutchon asked staff for a report on the history of outside engineering services; the costs spent on Bond Issue 2004 and special projects; the engineering and construction management companies that funds were provided; and the companies that responded to the Request for Proposal (RFP). City Secretary Chapa polled the Council for their votes as follows; 10, MOTION NO. 2008 -045 Motion authorizing the City Manager or his designee to execute a Professional Services Contract for construction management and construction inspection services with Anderson Group Construction Management, Inc. for a fee not to exceed $1,242,320 forvanous Capital Improvement Projects associated with the 2008 Capital Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon voting "No" Mayor Garrett opened discussion on Item 16 regarding London Club Estates. Council Member McCutchon asked if the water line was a dead end water line and if the water line will need to be flushed. Deputy Director of Development Services Johnny Perales said the line will eventually be looped in the proposed subdivision and will not need to be flushed once the subdivision is developed. Mayor Garrett postponed further discussion on this item to present Item 25. Mayor Garrett referred to Item 25 regarding a presentation on the 2008 China Trade Mission. Dr. George Wang, President of the US -China Exchange Association (USCEA) referred to a powerpoint presentation including the reasons to trade with China; statistics of the US -China Trade relationship; how small and medium size companies can succeed; how the USCEA can help; information on the 2008 trade mission to China; and contact information. Council Member Cooper thanked Dr. Wang for providing the presentation and spoke regarding the impact to companies doing business with Chinese companies: Council Member McCutchon asked questions regarding the size of the group attending the trade mission and the location of the USCEA. Dr. Wang said there is no limit on the number of business but that usually there are 40 to 60 representatives nationwide. Dr Wang added that the USCEA is based in New Jersey. Mayor Garrett returned to Item 16 regarding London Club Estates. Council members asked questions regarding the Texas Commission on Environmental Quality's (TCEQ) requirement to flush all dead end water lines; the reasons the water line is being treated like it is already in the system; the ordinance prohibiting dead end water lines; whether this line is a dead end water line; whether the ordinance excluded dead end water lines that were previously platted; if the reimbursement of the water line was approved; funds taken out of the water trust fund; whether the water arterial Minutes — Regular Council Meeting February 26, 2008 — Page 7 extension was part of the master plan; if London Independent School District was part of the master plan; the percentage of funds that come from developers and end users, who pays surcharges; Council action that amended the distribution system standards; the difference between the water transmission master plan and the distribution system standard; approval of the lift station South of the Oso; and whether the development plan for the County Creek Subdivision is required to tie into the septic system. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano spoke regarding the City's Annual Financial Report (CAFR); tax increases; and changing the fiscal year. Tony Hartwell, 657 Don Patricio Drive, spoke regarding the unmanned Police Department Substation on Waldon Road and the homeless in Flour Bluff. Mayor Garrett announced the executive session, which was listed on the agenda as follows: 27. Executive session under Texas Government Code, Section 551.071, regarding Texas Commission on Environmental Quality, Notice of Enforcement Action, City of Corpus Christi; RN100224724, Docket No 2008- 0051 - MSW -E; Enforcement Case No 35183, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 27. MOTION NO. 2008 -055 Motion authorizing the City Manager or his designee to execute an agreed order relating to Texas Commission on Environmental Quality, Notice of Enforcement Action, City of Corpus Christi; RN100224724, Docket No.2008- 0051 - MSW -E, Enforcement Case No. 35183, with an administrative penalty, authorizing a supplemental environmental project, and containing, additional and amended findings of fact and ordering provisions substantially in the form and content proposed by the City's counsel. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett returned to Item 16 regarding London Club Estates. Council Members asked questions regarding the status of the revisions to Section V.B.5 of the Platting Ordinance; the City's obligation; reimbursement for over sizing of the line; whether the development is, part of the water transmission plan; development outside the extraterritorial jurisdiction (ETJ); what would happen to the project if the City required the development to go on the City's sewer system; the next process of the development should the delivery of water be approved; the type of septic tanks used what the City can do about London ISD and Rose Acres taking money out of the trust fund when they are not part of the master plan, if the development is outside the city limits, explanation of the waiver of fees; whether the waiver of fees is more cost effective for the developer or the taxpayer; whether the developer requested an extension after it was approved by the Planning Commission; other Minutes — Regular Council Meeting February 26, 2008 — Page 8 developments coming forward that are currently platted; when the trust funds were developed; the reason the trust funds were set up; the amount of reimbursement the developer is entitled to whether the City has any other obligations in the ETJ other than waterdistribution; whether the City regulates onsite wastewater systems used in the ETJ; enforcement of additional regulations forthe County Creek Subdivision, the location of County Road 26; flushing of the line; the size of the water line; the number of gallons per foot on a 16" water line whether the City has been flushing the line from London School; and the reason the law requires the City to provide water. Council Member McCutchon suggested that the Council place on the agenda or have a separate workshop with developers to identify smart growth principles and water issues outside the city limits. Mayor Garrett requested a copy of the agenda item approving the extension of the 16" water line to London School. Mr. Kelly made a motion to require that water lines be engineered to eliminate the need for flushing. The motion was seconded by Dr. McCutchon and passed. City Secretary Chapa polled the Council for their vote as follows: 16. MOTION NO. 2008-051 Motion authorizing the City Manager to execute a Development Agreement with Billy W. Sanders and Robbie Sanders, (Developers), to establish development requirements and pro rata reimbursement for construction of an over -sized 16 -inch water arterial transmission main to serve London Club Estates, a proposed residential subdivision located north of FM 43 and east of FM 43 and FM 763 intersection, and require that water lines be engineered to eliminate the need for flushing. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly; Marez, and Martinez, voting "Aye ", Leal and McCutchon voting "No ". 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. 0108 -03, VeoIia Environmental Services: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use designation from light industrial to heavy industrial (above ground fuel storage tank) on property described as 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6; located on the east side of F1atoRoad approximately 1,050 feet north of Bates Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light— Industrial Districtwith a Special Permit for the installation and operation of one (1)10,000 gallon above ground diesel fuel tank for fuel storage and on -site fuel filling subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr: Elizondo, and passed Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 26, 2008 — Page 9 17. ORDINANCE NO. 027601 Amending the Zoning Ordinance, upon application by Veolia Environmental Services, by changing the zoning map in reference to 237.36 square feet out of Robiex Industrial Area, Lot 15, Block 6, from "1 -2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank, subject to a Site Plan and final approval of the Fire Marshal and the Zoning Board of Adjustment; 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, McCutchon, Marez, and Martinez, voting "Aye's. Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning ordinance: 18. Public hearing and First Reading Ordinance to consider amending Article 24 "Height, Area And Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development" to provide for regulations for Zero Lot Line Residential Development; providing a repealer clause; providing a penalty clause, providing for publication, and providing an effective date. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the configuration of a zero lot line; examples of single family developments; standard developments with setbacks, current zoning ordinance language; and the proposed text amendments. Council members asked questions regarding patio cover issues; roof overhang encroachment; redevelopment of older lots; side overhang, height requirements; requiring the overhang to be guttered; and the standard space between homes. Mr. Kelly made a motion to amend the ordinance to require encroaching roof lines to be guttered, The motion was seconded by Mr. Hummel" and passed. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. Mr. Chapa polled the Council for their votes as follows: 18. READING ORDINANCE To consider amending Article 24 "Height, Area And Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development" to provide for regulations for Zero Lot Line Residential Development providing a repealer clause, providing a penalty clause; providing for publication, and providing an effective date. The foregoing ordinance was passed and approved as amended on its first reading with the following vote; Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye; Cooper was absent. Minutes Regular Council Meeting February 26, 2008 — Page 10 Mayor Garrett recessed the regular Council meeting to hold a meeting of the North Padre Island Development Corporation. Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion on Item 20 regarding the North Padre Island Development Corporation (NPID). City Manager Noe said this item authorized the refunding of the bonds approved by the NPID. City Secretary Chapa announced that Council Member Kelly would abstain an the discussion and vote on Items 20, 21.a. and 21 b. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 027602 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of refunding bonds. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel[, Leal, McCutchon, and Martinez, voting "Aye", Kelly abstained; Marez was absent, Mayor Garrett opened discussion on Item 21 regarding Packery Channel Monitoring for 2008 -2009. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows'. 21.a. ORDINANCE NO. 027603 Ordinance appropriating $241,487 from the Unreserved Fund Balance in the Reinvestment Zone No 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No 027352 to increase appropriations by $241,487. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Marez was absent. 21.b. MOTION NO. 2008-052 Motion authorizing the City Manager or his designee to execute a contract between the City of Corpus Christi and Texas A &M University — Corpus Christi not to exceed $241,487 for Packery Channel Quarterly Monitoring for 2008 - 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye, Kelly abstained Marez was absent. Mayor Garrett opened discussion on Item 22 regarding a consulting contract with Etico Solutions, Inc. Assistant Director of Financial Services Michael Barrera stated that this item is for a police resource allocation study to review and analyze the workload, staffing and support resources for the Police Department. Mr. Barrera provided a brief overview of the Request for Proposal (RFP) process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 26, 2008 — Page 11 22. MOTION NO. 2008 -053 Motion approving a consulting contract with Etico Solutions, Inc., of Macomb, Illinois, to conduct a comprehensive resource allocation study for the Corpus Christi Police Department, in accordance with Request for Proposal No BI- 0069 -08, for a total cost of $90,000. Funding is available in Police Grants — Federal Law Enforcement Trust Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, and McCutchon, voting Aye "; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 23 regarding the Greenwood Drive, Phase 1 from Gollihar Road to South Padre Island Drive (SPID) Project. Interim Director of Engineering Services Kevin Stowers stated that this item is a Bond 2004 project and staff is recommending approval of the construction contract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008 -054 Motion authorizing the City Manager, or his designee, to execute a construction contract with Salinas Construction Technologies, Inc„ of Pleasanton, Texas, in the amount of $3,787,013 79 for the Greenwood Drive Phase 1 from Gollihar Road to South Padre Island Drive (SPID) Project for the Base Bid plus Additive Alternate No 1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Ehzondo, Hummel', Kelly; Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 24 regarding the City Council Agendas and Meeting Procedures. City Attorney Mary Kay Fischer said this item is a continued discussion from the City Council retreat regarding the agenda process procedures specifically for the City Manager's Update, City Council Reports and the Mayor's Update. Ms. Fischer said that a governmental entity needs to give the public advanced written notice of the subjects that will be considered in an open meeting or during closed session Ms Fischer stated that the Attorney General has said that the generic notice of "employee reports' is an inadequate posting. Ms. Fischer added that the Texas Government Code Chapter 551001(4b) applies to gatherings of a quorum of a governing body even when the members of the quorum do not participate in deliberations among themselves orwith third parties Ms. Fischer referenced background information of legal responses addressing the subject matter. There was a brief discussion regarding addressing staff on constituent concerns; solicitation of a formal opinion; informing the public of meetings and announcements, routine listings on the agenda; and supplemental postings. There was a general consensus of the council to request that the appropriate agency solicit a formal opinion from the Attorney General on the issue of the agenda postings for the City Manager's Report, City Council Reports, and the Mayor's Update. Mayor Garrett opened discussion on Item 26 regarding the 2007 Uniform Crime Report. Police Chief Bryan Smith referred to a powerpoint presentation including the Federal Bureau of Investigation (FBI) disclaimers; issues and concerns; statistical and graphical breakdown, and a Minutes— Regular Council Meeting February 26, 2008 — Page 12 comparison of previous years for crimes against persons, criminal homicide, sexual assault, robbery, aggravated assault, crimes against property, burglary, motor vehicle theft, and larceny /theft. Council Members asked questions regarding monitoring and reacting to increases in crimes data; 2008 comparison of crimes against persons; cross training in the department; change in personnel; types of criminal homicide, the category for home invasions; use of grants; training for properly categorizing crimes; and gas drive offs. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3 :45 p.m. on February 28, 2008. ARTS AND CULTURAL COMMISSION — Three (3) vacancies with terms to 9-01-09 and 9 -01 -10 representing the following categories: 1- Visual Art, 1 — Texas A &M —CC, and 1 — Public Space/Public Art. (Appointed by the Mayor subject to confirmation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION; 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes: MEMBERS TERM APPTD. DATE John Charles Watson, Jr., (Public Art / Public Space) 9 -01 -08 6 -12 -07 ** *Molly Merkle (Visual Art) 9 -01 -10 5 -09 -06 * * *Dr. Jack Gron (Texas A &M -CC) 9 -01 -09 10 -10 -06 Frank Trimble (Architecture) 9 -01 -08 10 -11 -05 David Berlanga (Civic Leader) 9- 01.10 10 -9 -07 Ed Grove (Marketing) 9 -01 -09 8 -24-04 Heidi Hovda (Business Development) 9 -01 -09 6-12 -07 Gloria T. Bilaye- Benibo (Dance) 9 -01 -10 12 -14 -04 Judith Prewitt, Ph.D. (Education/Youth) 9 -01 -10 8-24-04 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -08 6 -12.07 ** *DeAnn Gould- Lancaster (Public Art/ Public Space) 9.01 -09 11 -11 -03 Anne Stewart (Del Mar College) 9 -01 -08 11 -13 -01 Lynda A.J. Jones (Education/Youth) 9-01-09 6 -17 -03 Michael Kim Frederick (Drama) 9 -01 -10 6 -12 -07 Guadalupe Garcia (Economic Dev./Tourism) 9 -01 -09 5 -10 -05 Richard Sanchez (Music) 9 -01.10 6 -12 -07 Joye LaBarrett (Marketing) 9 -01 -09 5-09-06 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Arts and Cultural Commission is recommending the new appointments of Joe Pena (Visual Art), Joseph Schenk (Texas A &M -CC), and Kristi Pena (Public' Art/Public Space). INDIVIDUALS EXPRESSING INTEREST Linda Eshom Joe Pena Kristi Pena Joseph B. Schenk Shawn Smith Fine Arts Consultant. Received Master of Art and Master of Science in Education. Activities include: Art Musem and Art Center. Received Distinguished Fellow- Texas Art Education Association. (Visual Art) (4- 12 -07) Interim Gallery Director, Texas A &M University- Corpus Christi. Received Bachelor of Fine Arts and Master of Fine Arts from Texas A &M University- Corpus Christi. Activities include: Art Museum of South Texas Collections Committee and KSpace Contemporary Board of Directors. (Public Art/Public Space, TAMU -CC, Visual An) (1- 29 -08) Public Relations, Regional Transportation Authority. Attended College. Activities include; American Heart Association, Buc Commission, Bayfest and Beautify Corpus Christi Board Member. (Public Art/Public Space) (12- 27 -07) Art Museum of South Texas, Texas A &M University- Corpus Christi, Received BA, Museum Studies and Business Management from Huntington College, Montgomery, Alabama, MA, Art Education from Ball State University,; Muncie, Indiana, and Post Graduate Certificate, Museum Management from University of California, Berkeley, California. Activities include: Rotary Club of Corpus Christi. Recipient of Excellence in Peer Review American Association of Museums. (Public Art/Public Space, TAMU -CC, Visual Art) (2-14-08) Assistant Professor of Music, Texas A &M University- Corpus Christi. Received Bachelor of Music in Education from Boise State University, Master of Music from Louisiana State University and doctor of Musical Arts from Arizona State University. Activities include: Conductor, A &M- Corpus Christi Symphonic Winds, Scholarship Committee Member, A&M- Corpus Christi Music Department, Member of Corpus Christi Wind Symphony and Corpus Christi Municipal Band. (TAMU -CC) (8 -10- 07) Dr. Lari Dianne Young Director, Performing Arts Center, Texas A &M University - Corpus Christi. Received Bachelor of Music, Percussion Performance, Bachelor of Music Education, All Level, Master of Music History and Literature, and Ph.D. in Interdisciplinary Fine Arts from Texas Tech University, Lubbock, Texas. Activities include: Graduate of Leadership Corpus Christi Class XXXV, Board member of Southside Rotary club of Corpus Christi, Cocker Spaniel Rescue; and Southwest Performing Arts Presenters: (TAMU-CC) (8 -8 -07) b. COMMISSION ON CHILDREN AND YOUTH — Two (2) vacancies with terms to 5- 01 -10 representing the following categories: 1- Religion and 1- Sheriff's Office. (Note: Staff is recommending the Religion vacancy be postponed until additional resumes are received) 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 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS Vicky Alexander (Health), Vice Chair Miles Toren (At Large) Amanda Stukenberg (At Large) Aaron G. De La Garza (Social Services) ** *Sheri Phillabaum (Religion) Laura Spear Smith (Business) Guy Nickelson (Youth Services) Mary Jane Garza (Education) Brian Silva (At Large) J. D. Villarreal (Law Enforcement) Fran Willms (Legal) Caitlin Martin (Youth Rep) Rita Morales'( D.A.'s Office) ** *Capt. David Alaniz (Sheriff's Office) Capt. Tim Wilson (Police Off.) Dr: Philip Rhoades ORIGINAL TERMS APPTD. DATES 5 -01 -09 5 -01 -09 5 -01 -10 5 -01 -08 5 -01 -10 5 -01 -08 5 -01 -09 5 -01 -10 5 -01 -08 5 -01 -08 5 -01 -09 5 -01 -10 5 -01 -09 5 -01 -07 Advisory Advisory (Note: The Sherds Office is recommending the new Oelschlegel for the Sheriffs Office position.) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned' * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation 2 -12 -02 9 -20 -05 6 -08 -04 8 -21 -07 5 -17 -05 5 -17 -05 11 -08 -05 6 -13 -06 12 -12 -06 9 -25 -07 9 -25 -07 1 -10 -06 9-12-06 1 -16 -07 12-06-95 8- 16 -94 appointment of Johnny INDIVIDUALS EXPRESSING INTEREST Capt. Johnny Oelschlegel Captain, Nueces County Sheriff's Department. Veteran, United States Army Activities include: CrimeStoppers. Recipient of Certificate of Appreciation — Office of the Attorney General - National Incident Management System Training. (Sheriffs Office) (2- 27 -08) Bill Shearer Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University: Activities include: Freemason. (Religion) (2- 18 -08) LANDMARK COMMISSION — One (1) vacancy with term to 11 -20 -08 representing the following category: 1 Regular Member. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of membership. MEMBERS Myron Grossman (Real Estate) Michelle Braselton (Title Search) Bunny Tinker (Historian), Chair Anita Eisenhauer (Historian) Arthur Zeitler (Regular Member) Randi Evans (Regular Member) David Brown (Architect) Richard Moore (History Teacher) Reagan Sahadi (Regular Member) Dr, James Carter (History Teacher) Craig Thompson (Engineer), Co -Chair Leo Rios (Real Estate) Susie Rucker (Regular Member) *Vacant (Regular Member) Herb Morrison (Architect) ORIGINAL TERM APPTD. DATE 11 -20 -09 11 -20 -10 11 -20 -09 11 -20 -08 11-20-09 11 -20 -10 11 -20 -10 11 -20 -08 11 -20 -10 11 -20 -08 11 -20 -08 11 -20 -08 11 -20 -10 11-20-08 11 -20 -09 5 -15 -01 11 -09 -04 5 -15 -01 12 -12 -06 12-12-06 2-19-08 3 -02 -04 7 -11 -01 2 -19 -08 12 -12 -06 3 -02 -04 2-19-08 2 -19 -08 3 -02 -04 (Note: The Council appointed Scott Harris (Regular Member), but he declined the appointment, The Landmark Commission is recommending the new appointment of Marie Guajardo (Regular Member). INDIVIDUALS EXPRESSING INTEREST Mary Lou Berven _ Formerly Taught United States History and Western Civilization at Wichita State University and Butler Community College: Received B.A. in Asian Studies from University of Colorado, Boulder, Colorado and M.A. in History from Wichita State University, Wichita, Kansas. Activities include: Phi Alpha Theta and St. Paul's United Church of Christ. (2-18-08) Kim Charba Rick Greenfield Marie Guajardo Susan Ashley Kesler John B. Keys Business Consultant, American Dairy Queen. Received BS from Texas A &M University, College Station: Activities include: Women's Shelter and Children's Miracle Network Telethon. (3 -3 -08) Program Manager Engineering Services, MANCON, Inc. Received A.A. in Liberal Arts, B':A.A.5 in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator State of Texas. (I-. 8 -08) Received Bachelor of Business Administration from University of Texas, San Antonio College of Business. Activities include: A.C.R:A San Antonio, CREW San Antonio, and ALA San Antonio. (2-25-07) King High School Teacher, Corpus Christi Independent School District. Received A.A.S. in Legal Assisting from San Antonio College, BA. in Criminal Justice from University of Texas at San Antonio, Law Courses from St. Mary's School of Law and Graduate Courses in Education from University of St. Thomas. Activities include: National Association of Legal Assistants — Certified Paralegal (CP), Texas State Historical Association, Texas State Genealogical Society, and National Genealogical Society. (2- 25 -08) Equity Trader/Fixed Income Specialist, Herndon Plant Oakley.Attended Texas A &M University. Activities include: Santa Fe Swimming Club Board Member — Treasurer and Past President. (2-18-08) James E. Klein Assistant Professor, Del Mar College. Received B.A. in History and Journalism and M.A. in American History from University of Iowa, Iowa City, Iowa and Ph.D. (Modern American History) from Oklahoma State University, Stillwater, Oklahoma. Activities include: Volunteer at the Nueces County Library and Judge for the 2008 Coastal Bend Regional History Fair. (2- 26 -08) Susanne M. Lunsford Signing Agent — Notary Public, Notary on Wheels. Attended College and Received Enhanced Education from ATT Communications, Wilson Training School, Escrow and Title Association. Activities include: Secretary Padre Island Rotary Club, Padres Island Business Association Member, National Notary Association Member, National Association of Realtors and Lorman Education Training Volunteer. (1 -9 -08) James D. Roberts Rigger, Corpus Christi Army Depot. Served in the United States Army. Attended Trade School. (2- 18 -08) Sister Anne Brigid Schlegel Principal, Central Catholic Elementary. Received Bachelor's Degree in History from West Texas State University and Master's Degree in History from Corpus Christi State University. (2- 19 -08) Bill Shearer Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical;. Institute and Howard Payne University. Activities include: Freemason. (2- 18 -08) OIL AND GAS ADVISORY COMMITTEE — Four (4) vacancies with terms to 12-31 - 10 representing the following categories: 1 General Public, 1 — Oil Industry, I- Alternate, General Public, and 1 — Alternate, Oil Industry: (Mayoral appointment with approval of Council) (NOTE: The board has a policy of requesting the appointment of the Alternate member to the vacant regular position and a new person fills the Alternate position.) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not, connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Members are appointed for three -year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. MEMBERS Charles Jacobs (Oil Industry), Vice Chair Lois Huff (General Public), Chair *Gretchen Arnold (General Public) Hortencia B. Sanchez (General Public) Glen Cooper (Oil Industry) * *Juan N. Cabasos (Oil Industry), Chair *Tom Fisher (Alt, General Public) *John Cantu (Alt, Oil Industry) ORIGINAL TERM APPTD. DATE 12-31-09 12 -16 -03 12 -31 -09 9 -12 -06 12-31-07 12 14 -04 12 -31 -08 9 -12 -06 12 -31 -08 12 -14 -04 12 -31 -07 12 -16 -03 12-31-07 5 -29 -07 12-31-07 9 -12 -06 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Gretchen Arnold (General Public) 3 Tom Fisher (Alt, General Public) 3 John Cantu (Alt , Oil Industry) 3 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned *Exceeded number of absences allowed by ordinance *Has met six -year service limitation NO. PRESENT 2 3 2 % OF ATTENDANCE LAST TERM YEAR 67% 100 % 67% OTHER INDIVIDUALS EXPRESSING INTEREST Rowland Andrade. Thomas A. Cranford Chet Freeman B. Scott Hines Phillip G. Levasseur Robert E. Powell William Strawn Jerry Trevino Executive Vice - President, Bright Energy, Inc. Attended Del Mar College and Grantham University. Activities include: American GI Forum, LULAC, SD20 Tejano Democrats, New Chapter, and Precinct Chair 113. Served on the Presidential Search Committee for Del Mar College. (Oil Industry) (2- 18 -08) Senior Adm Specialist, Halliburton Energy Services. Experience in Multi - Product Line in Oil and Gas Well Service. (Oil Industry) (2- 19 -08) Self- Employed, Oil and Gas Landman/Exploration. Received Business Degree from Texas Tech University, Lubbock, Texas. Activities include: Volunteer with Local Non - Profits and Corpus Christi Independent School District. Co -Chair of Corpus Christi Independent School District Bond Election. (Oil Industry) (2- 18 -08) President/Engineer, Aurora Resources Corporation. Received B.S. in Natural Gas Engineering from Texas A &I University. Activities include: Society of Petroleum Engineers and Tau Beta Phi Engineering Honor Society. (Oil Industry) (2- 18 -08) Employed at Texas A &M University, Corpus Christi. Attended Texas A &M University, Corpus Christi. (General Public) (2- 22 -08) Retired. Received a B.S. in Civil Engineering. (General Public) (2- 19 -08) Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (General Public) (9101 /07) Agent, Farmers Insurance. Received Associates in Government from Austin Community College and attended Texas State University. Activities include: Farmers Employees and Agents PAC and LULAC. (General Public) (2- 19 -08) e. PARK AND RECREATION ADVISORY COMMITTEE — One (1) vacancy with term to 8- 23 -09. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Hunter Young, Chair 8 -23 -09 5 -18 -04 Rene Richard Gutierrez 8-23-08 10-17-06 Garrett Dorsey 8 -23 -08 4 -18 -06 Charles Lee 8 -23 -08 3-20-07 Coretta Graham 8 -23 -09 12 -18 -07 Dorrinda Garza 8 -23 -08 8 -20 -02 Mari Whitworth 8 -23 -09 1 -18 -05 ** *Jamie Pyle 8 -23 -09 1 -18 -05 Sylvia Samaniego 8-23-09 12-18-07 Buddy Sparks 8-23-08 5 -10 -05 Gregory T. Perkes 8 -23 -09 4 -22 -03 (Note: The Park and Recreation Advisory Committee is recommending the new appointment of Scott Harris and for their second choice, Jim Espey) INDIVIDUALS EXPRESSING INTEREST Kim Charba Business Consultant, American Dairy Queen. Received BS from Texas A &M University, College Station. Activities include: Women's Shelter and Children's Miracle Network Telethon. (3 -3 -08) Elisha R Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice- President of South Texas Hispanic Baptist Youth Encampment. (4 -5 -07) Legend: *Seeking reappointment Not seeking reappointment *Resigned *Exceeded number of absences allowed by ordinan ce *Has met six -year service limitation Jim Espey Scott Barris Melissa Hofstetter Nick Horak Cecilia G. Huerta Lawrence Jordan Kendal L. Keyes Retired, Sales/Marketing Director. Received BS Humanics/Psychology. Activities include YMCA Board/Committees, Yacht Club Director, Private Pilot, Scuba Instructor, and Real Estate. (1 -9 -08) Project Engineer, HDR Engineering. Received B.S. in Civil Engineering: Activities include: United States Navy Reserves, City of Corpus Christi Citizens University Class 03, American Society of Civil Engineers, Girl Scouts of Greater South Texas, and Northwest Pony League. Recipient of United States Navy Commendation Medal — Operation Iraqi Freedom 2005. (12- 28 -07) Owner, Secretarial Solutions. Currently attending Texas A&M University - Kingsville pursuing a degree in social work.. Activities include: Oso Park Neighborhood Association, Court Appointed Special Advocates (CASA), National Honor Society of Social Workers, and Spaulding for Children (9- 14 -07) IS Manager, Nueces County Appraisal District. Received a AAS, BBA, and MBA. Activities include: Coastal Bend Chapter of The American Society of Public Administrators, Texas Association of Appraisal Districts, National Society of Hispanic MBA's. Awarded Who's Who Among Students in American Junior Colleges and Phi Teheta Kappa. (12- 12 -07) Consultant. Former Counselor and Teacher. Received Bachelors of Arts in English and Masters of Arts Guidance and Counseling from Texas A &I University. Activities include Association of School Counselors, Hispanic Women's Network of Texas Corpus Christi Chapter, and Junior Achievement Volunteer. (2- 11 -08) Retired, Lawyer and Educator. Received B.A. from Rice University, Ph.D. from Yale University and J.D., Texas Tech University. Activities, include Past Vice President of Audubon Outdoor Club of Corpus Christi, America's Birdiest City Contest Organizer and Coordinator and Audubon Christmas Bird Counts. (2- 18 -08) Coastal Ecologist, Texas Parks and Wildlife Department. Received a B.S. in Biology and M.S. Environmental Science from Texas A & M University Corpus Christi. Activities include: Current member of the Animal Control Advisory Committee, Coastal Bend Bays Foundation, Sierra Club/Lone Star Chapter, and Tarpon Tomorrow. (10- 12 -07) John B. Keys Billy L. Leddon Gerald Lerma Equity Trader/Fixed Income Specialist, Herndon Plant Oakley.Attended Texas A &M University. Activities include: Santa Fe Swimming Club Board Member — Treasurer and Past President. (2- 18 -08) Retired. Received Bachelor of Art from Wichita State University. (9 -5 -07) Technical Services, Hagemeyer North America. Currently enrolled at Del Mar College, Member of Corpus Christi Citizens' University. (3- 19 -07) Dotson G. Lewis, Jr. Self Employed, Retired United States Army: Received B.S in Health, Physical Education and Recreation and MS in Education from University of Texas, El Paso. Activities include: Coordinator of Del Mar College Senior Education Computer Program, Zone Coordinator AARP Driver Safety Program, Program Director Corpus Christi Football Officials Association, and High School Athletic Official. Recipient of United States Army Legion of Merit, El Paso Athletic Hall of Fame, and Collegiate Football Officiating Hall of Fame. (2- 22 -08) Jerry Lipstreu Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member, and Port Aransas Boatmen member. (9- 19 -07) Patricia Aim Livas Accounting/Billing Clerk, Bay, Ltd. Received Bachelors Degree in Psychology of Organizational Development and Masters Degree in Arts and Administration from University of the Incarnate Word. Activities include: Volunteer with Brown Bag Challenge and Missionary Work with First Baptist Church. (2- 22 -08) Jimmy Mitchell Retired Naval Officer Captain, United States Navy. Received Bachelor of Science in Biology from University of Central Oklahoma and Associate of Applied Science from Del Mar College. Activities include: Navy League. (9- 21 -07) Leslie Ory Air Conditioning Repairer, Corpus Christi Army Depot. Activities include: Past Little League President for National Little League and Little League District 23 Director. (6- 18 -07) Rita Sonia Padron Acute Dialysis Nurse, Renal Care Group, Received Vocational, Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Exanxners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) Cheryl Capages Peebles Currently working as Freelance Writer. Received degrees from University of Tulsa College of Law, J.D. and University of Missouri School of Journalism, B.J. Activities include: Artist/Harpist for Art Center and Unitarian Universalist Church Choir and Worship Committee. (1- 15 -07) Kristi Pena Public Relations, Regional Transportation Authority. Attended College. Activities include: American Heart Association, Buc Commission, Bayfest and Beautify Corpus Christi Board Member. (12- 27 -07) Jo Marie Rios, Ph.D. Associate Professor, Texas A &M University- Corpus Christi. Received a B.A, in Economics and M.A. in Economics from St. Mary's University, San Antonio, Texas and Ph.D. in Political Science and Public Administration from University of 'Oklahoma. Recipient of the 2006 Affordable and Fair Housing Award from the Coastal Bend Council of 'Governments. (2- 19 -08) Carrie Robertson Owner /Operator, Third Coast Photo & Web. Received a Bachelors of Art in Photojournalism from University of Texas - Austin. Activities include: Newsletter Editor/Member of Corpus Christi Beach Association, Webmaster/Member of Corpus Christi Windsurfing Association, and Adopt A Spot. (10 -9 -07) Don Rucker, Jr. Owner, Storecraft, Inc. Attended College. (12- 10 -07) Enrique M. Salinas Venessa Santos -Garza Bill Shearer Retired. Over Twenty Years of Military Service. Activities include NIP for Chula Vista Area (9- 26 -07) Self - Employed. Attended Del Mar College. Activities include: American Heart Association and Buc Commission: Recipient of Hispanic Women's Network Las Estrellas Award 2006. (12-27-07) Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include: Freemason. (2- 18 -08) Patrick Smith Ron Woods 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. (8-21- 07) Executive Director, United States Professional Tennis Association. Attended University of Houston. Activities include: United States Professional Tennis Association National Board of Directors and Executive Committee and Active in Local Associations and Committees for the United States Tennis Association and the United States Professional Tennis Association. Recipient of USPTA Texas Pro of the Year and Texas Proud Award. (24 8-08) f. SISTER CITY COMMITTEE — Two (2) vacancies with terms to 9 -08 and 9 -09. DUTIES: To study ways and means of improving relations with the Corpus Christi_ sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice- chairman shall be elected by majority' vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -09 9 -11 -07 Danny Williams 9 -09 9 -11 -07 Randy Farrar 9 -10 6 -11 -02 Alfonso Trujano, Jr. 9 -10 9 -11 -07 Sukhbir Singh 9 -08 9 -12 -06 Farley L. Frazier 9 -10 6 -12 -07 Rose Gunji 9 -08 11 -08.05 Ellen Murry 9 -08 4 -16 -02 * ** *Jonathan E. Lancaster 9 -08 6 -12 -07 Heather Stanton Moretzsohn 9-10 9 -14 -04 Guillermo "Willie" Perez 9 -10 1 -16 -07 Westi Horn 9-10 6 -15 -04 Ann, Jaime 9 -08 6 -13 -00 Almira Flores 9 -10 9 -12 -06 Tim Dowling 9 -10 7 -10 -07 Melissa Melendez 9 -10 11 -13 -07 Javier M. Morin 9 -08 7 -10 -07 Drue Combs 9 -09 9-12-06 Flicka Rahn 9 -09 6- 15 -04 ** *George B. Kopf 9 -09 6 -12 -07 Sharon L. Phillips 9 -09 9-09-02 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * ** *Has met six -year service limitation (Note: The Sister City Committee is recommending the new appointments of Phyllis Roseman and Kevin Aguilar- Ferrari.) INDIVIDUALS EXPRESSING INTEREST Kevin Aguilar- Ferrari Installation Business Manager, United States Navy, Naval Air Station Kingsville. Received B.A. in Political Science from University of Washington. Activities include: Member of Veterans Bank of Corpus Christi and Former Youth Basketball Coach for Boys and Girls. Recipient of Navy Good Conduct Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal, and Commanders' Award for Civilian Service. (2- 22 -08) Mary Lou Berven Formerly Taught United States History and Western Civilization at Wichita State University and Butler Community College. Received B.A. in Asian Studies from University of Colorado, Boulder, Colorado and M.A. in History from Wichita State University, Wichita, Kansas. Activities include: Phi Alpha Theta and St. Paul's United Church of Christ. (2- 18 -08) Matthew Demartino Officer/Pilot, United States Navy: Received Bachelor of Science from Cornell University. Currently enrolled in American Military University, International Relations. Activities include: Chief of Naval Aviation Training (CNATRA) Stage Head Manager. (9 -4 -07) Alexa Denek Retired/Self- Employed, Dental Laboratory. Received AA, Los Angeles, California. (1- 14 -08) Vincent E. Doyle Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9- 12 -07) Ryan Evans Aircraft Mechanic, L -3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2- 25 -08) Marie Guajardo Received Bachelor of Business Administration from University of Texas, San Antonio College of Business: Activities include: A.CR.A San Antonio, CREW San Antonio, and A.I.A San Antonio, (2- 25 -07) Michele Hammock Educational Diagnostician, Tuloso- Midway Independent School District. Received Bachelor's Degree in Business from Corpus Christi State University and Master's Degree in Education from Texas A &M University - Corpus Christi. (2- 19 -08) Dora L. Hidalgo Phyllis Roseman Bill Shearer Michael Shooshan Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health Information Management Association, Former President of the South Texas Amigos de Mexico, President of Fuerza Comunitaria, and Advisory Board Member to the Institute of Mexicans Abroad (IME). Received the Hispanic Women's Network Las Estrellas Award. (1- 11 -07) Travel Agent, Plaza Travel. Received BA from Texas A &M- Kingsville. Activities include : Downtown Rotary Club, Secretary of the Symphony Board and Former President of Addison Rotary and Congregation Beth Israel. Recipient of Paul Harris Award for Rotarian the Year, Addison Texas. (2- 25.08) Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University:. Activities include: Freemason. (2- 18 -08) Self - employed. Received an Associate's degree and currently pursuing a Bachelor's in Engineering; President of Oak Park Neighborhood Association and Neighborhood Watch Program Participant in Citizen's Police Academy: (9- 14 -07) Corinne Valadez Assistant Professor, Texas A &M University- Corpus Christi: Received B.S. Interdisciplinary Studies from Corpus Christi State University, M.S. Curriculum and Instruction, Texas A &M Corpus Christi, and Ph.D. Curriculum from Texas A &M: Activities include: Faculty Advisor, Student Reading Council at Texas A &M University- Corpus Christi and Children's Book Festival, Corpus Christi Public Library. (1- 29 -08) Kim Wilson Received Fashion Merchandising Degree from Wade's Fashion Merchandising College, Dallas, Texas'. Activities include: New York City ING Marathon (Walker) and Working with Goodwill Industries Store in Flour Bluff. (2- 18 -08) WATER RESOURCES ADVISORY COMMITTEE - One (1) vacancy with term to 4 -1 -09 representing the following category Residential Customer (home owner) of the City's water system. (Appointed by the Mayor with the approval of the Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views: COMPOSITION :' Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 residential customer (home owner) of the City's water system; 1 large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1 representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council members) to serve as ex- officio member(s). ORIGINAL MEMBERS TERM APPTD. DATE Carola Serrato (Wholesale Treated), Chair 4 -01.09 2 -12 -02 ** *]Kimberly Stockseth (Res. Customer), Vice 4 -01 -09 2- 12 -02 Michael Cox (Lg. Commercial) 4-01-09 3.20 -07 Frank C. Brogan (Port Industries) 4 -01 -08 12 -12 -06 Mary K. Fant (School District) 4 -01 -08 12 -12 -06 Mark Stroop (Military Facility) 4 -01 -09 3- 20 -07 Leland R. Johnson (Landscaping) 4 -01 -08 3- 20 -07 Lena Coleman (Apt. Owners) 4 -01 -08 2 -12 -02 Ruth Blake (Citizen at Large) 4 -01 -08 12 -12 -06 Council Member Mike Hummell Ex- officio, non - voting 5 -29 -07 Council Member Bill Kelly Ex- officio, non - voting 5 -29 -07 INDIVIDUALS EXPRESSING INTEREST Jeff Edmonds Branch Manager, URS Corporation. Received BS in Civil Engineering and Master of Engineering from North Carolina State University. Received MBA from University of North Carolina. Activities include: Corpus Christi Rotary Club. (11-21-07) Legend: — *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * ** *Has met six -year service limitation Scott Harris Rebecca Krumnow Jerry Lipstreu Susanne M. Lunsford, Rita Sonia Padron Michael Potter Project Engineer, HDR Engineering. Received B.S. in Civil Engineering. Activities include: United States Navy Reserves, City of Corpus Christi Citizens University Class 03, American Society of Civil Engineers, Girl Scouts of Greater South Texas, and Northwest Pony League: Recipient of United States Navy Commendation Medal - Operation Iraqi Freedom 2005. (12- 28 -07) Administration Service Manager and Secretary /Treasurer, San Patricio Municipal Water District. Received Bachelor of Arts in Applied Arts and Sciences Public Administration from San Diego State University. Activities include: State Bar of Texas Grievance Committee Member, San Patricio Economic Development Corporation Executive Board Member, Portland Kiwanis Club Member, and Licensed Texas Realtor. (2- 18 -08) Area Manager, Kleinfelder. B.A. in Botany at University of Texas, Austin. Activities include Associated Builders and Contractors Board Member and West Corpus Christi Rotary Member. (9- 19 -07) Signing Agent — Notary Public, Notary on Wheels. Attended College and Received Enhanced Education from ATT Communications, Wilson Training School, Escrow and Title Association. Activities include: Secretary - Padre Island Rotary Club, Padres Island Business Association Member, National Notary Association Member, National Association of Realtors and Lorman Education Training Volunteer: (1 -9 -08) Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi international Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) County Horticulture Agent, Texas Cooperative Extension. Received Bachelors Degree in Plant and Soil Science- Horticulture. Activities include: Coordinator for Nueces County Master Gardeners and Nueces County Master Naturalist. Recipient of USDA Superior Service Award. (3 -8 -07) Michael Shooshan Self- employed. Received an Associate's Degree and Currently Pursuing a Bachelor's in Engineering. President of Oak Park Neighborhood Association and Neighborhood Watch Program. Participant in Citizen's Police Academy. (9- 14 -07) h. WEED AND SEED STEERING COMMITTEE - One (1) vacancy with term to 1 09. (Must live in 78418 Zip Code) DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of eleven core voting members. The Department of Justice (DOJ) requires that 25% of the Steering Committee be made up of residents. The City Council shall appoint the required amount of residents to insure the program is in compliance 2 - from Site 2 (West) and 3 from Site 3 (Flour Bluff). One core representative shall be appointed by each of the following entities: The United States's Attomey's Office, Corpus Christi Police Department, Flour Bluff ISD, Corpus Christi ISD, Housing Authority, County Attorney's Office, District Attorney's Office, Drug Enforcement Administration (DEA), a faith based person, a business person, and a youth representative. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex- officio, non - voting members. The U.S. Attorney representative will serve as Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker. This committee will expire an September 30, 2008, unless', funds for the program end sooner. MEMBERS Debra Hohle (U.S. Atty.), Chairperson Juan Meave Jr. (Site 2) Frances E. Garza (Site 2) *Vacant (Flour Bluff Site) Lori Gianotti (Flour Bluff Site) Ruben Gonzales (Flour Bluff Site) Cmdr. Mike Walsh (CCPD) William GIant (DEA) Georg Johnson (CCISD) Richard Franco (Housing Authority) Laura Garza Jimenez (County Atty.) Julie Carbajal (Flour Bluff ISD) Gail Gleimer (District Attorney's Office) Mike Lohman (Faith Based) Dr. Maurice Portis (Business Member) Vacant, (Youth Member) Harold Smith (Weed and Seed) Sally Gavlik (Park and Recreation) TERM Ex- officio, voting 11 -01 -08 11 -01 -09 11 -01 -09 11 -01 -09 11 -01 -09 Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, nonvoting Ex- officio, nonvoting ORIGINAL APPT. DATE 11 -12 -02 2 -14 -06 12 -18 -07 12 -18 -07 (Note: The Council appointed Virginia Flewelling -Leeds (Flour Bluff Site), but she declined the appointment.) INDIVIDUALS EXPRESSING INTEREST - (All Applicants are 78418 Residents) Sherri Darveaux Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of Cristina T. Gil Michele Hammock Judy Hendricks Wayne C. Meyr Charles Pendlyshok Judith A. Reader National Library Science Honor Society and Local Antiquing Group (1- 25 -08) Homemaker. Attended University of Pennsylvania, Wharton School of Business, Accounting and Finance and Undergraduate, Economics, Columbia University. Activities include: Junior League of Corpus Christi, CASA Advocate, Padre Island Business Association,, Altar and Rosary Society, and Padre Island Enrichment Club. (2/5/08) Educational Diagnostician, Tuloso- Midway Independent School District. Received Bachelor's Degree in Business from Corpus Christi State University and Master's Degree in Education from Texas A &M University - Corpus Christi. (2- 19 -08) Activities include: Nueces Certified Master Gardener, Volunteer with Learning to Grow Project at Flour Bluff Elementary, Chairperson of Nueces County Courthouse Rejuvenation and Beautification Project, and Volunteer through the Texas AgriLife Service. (2- 18 -08) Market President, Texas Champion Bank. Received BBAfFinance from The University of Texas, Austin, Texas: Activities include: Bay Area Fellowship Hospital Ministry and Past President of Buckingham Estates Homeowners Association. Recipient of 2003 Outstanding SBA Lender for this SBA Region. (2-19-08) Area Manager, Human Military Healthcare. Received B.S. from Widener University,: M.A. from Incarnate Word University, and M.B.A. from Widener University: Activities include: Adjunct Professor at Texas A &M University- Corpus Christi, Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing, Instruction. (2- 18 -08) Retired. Received BA in Mental Retardation and Elementary Education and MA in Reading. Activities include: Audubon Outdoor Club and Coastal Bend Audubon. (2- 18 -08) Requested Council Action: 3/11/08 Alternate Date: 3/18/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase /lease- purchase of twenty -two (22) pickup trucks and four (4) cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No BI- 0068 -08, based on low bid, and low bid meeting specifications for a total amount of $477,852. The vehicles will be used by Animal Control, Facility Management and Maintenance, Gas Department, Solid Waste, Street Department, Storm Water, and the Wastewater Department. Twenty -four of the vehicles are replacements and two vehicles are addition to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund, and the Animal Control Operations Budget. Access Ford, LTD Corpus Christi, TX Bid Items: 3, 8, 9, 10, 11, 12, 13, & 14 $256,640 r * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Bid invitations Issued: Bids Received: Award Basis: Funding Sames Crow Ford Corpus Christi. TX Bid Items: 1, 2, 6, &7 $137,746 Champion Ford Corpus Christi, TX Bid Items: 4, 5, & 15 $83,466 Grand Total: $477,852 *************** * ** * * * * * * * * * * * * * * * * * * * * * * * * * * ** Two (2) vehicles are additions to the fleet„ These vehicles will be used by Storm Water and Wastewater and will be assigned to personnel for operations. The remaining vehicles are replacement units and will be used in the day to day operations of the respective departments. Replaced units are evaluated for potential reallocation to other departments and/or' are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. Nine Three Low Bid Bid Items -1 ,2,3,6,7,8,9,10,11,12,13, &14 Low Bid Meeting Specifications Bid Items 4, 5, and 15 The vehicles bid by Access Ford and Sames Crow Ford, do not meet specifications regarding engine size and/or the service body. Purchase of Vehicles Maintenance Services - 18 vehicles Bid items 2 -5, 7, 8, & 10 -15 550020 -5110 -40120 $343,556 Capital Outlay Line Item Nos.: 23, 24, 25, 28, 32, 33, 34, 36, 39, 47, 50, 51, 52, 57, 58, 59, 84 Requested Council Action: 3/11/08 Alternate Date: 3 /18/08 Purchase of Vehicles General. Fund No 1020 4 vehicles — Bid item 9 550020 - 1020 -12680 Capital Outlay Line Item No 94A 63 196' TOTAL PURCHASE: $406,752 Lease Purchase of Four (4) pickup trucks will he funded through the City's lease/purchase financing agreement for a sixty month period. The estimated interest rate is 3.0% The actual interest rate will be determined after acceptance of the vehicle: The estimated annual payment is $15,330.84. Total estimated cost over the sixty month period, including principal of and interest of $5,554.20, is $76,654.20. General, Fund No. 1020 — 4 vehicles — Bid items 1 & 6 530190 - 1020 -12510 (1 month) Capital Outlay Line Item Nos.: 6, & 9 Michae . arrera, Assistant Director of Financial Services $1,277.57 CITY OF CORPUS CHRISTI PURCHASING DNISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 3111/08 ITEM DESCRIPTION. QTY UNIT Series (PU-2), 34 Ton, Extended Cab. Short (6 W) 3 EA Bed Pickup in accordance with Spec_ No 1014. Color - White - Spray -in Bed Liner, Cab. Guard, H.D. Towing Package with Hitch Bar and 1 718" Ball, and Aluminum Saddle Box. Street Dept. Series (PU -2). 34 Ton, Extended Cab, Short ( 6 W) Bed Pickup in accordance with Spec. No 1014:. Color - White- Spray -in Bed Liner, Cab Guard, H.D. Towing Package with Combinaton Plntlel2' Ball Hitch Bar, and Aluminum. Saddle Box. StormwaterDept. Series (PU-2). Ton, Extended Cab, Short (.6. W) 4 Bed Pickup in accordance with Spec. No 1014. Color - White - Spray -'n Bed Infer, Cab Guard, and H,b, Towing Package with Hitch Bar, and 1 7/8-Ball. Wastewater Dept. 1 EA 4. Series (PU- 2HD),34 Ton, Extended Cab, Short ( 614`) 1 EA Bed, 4x4 Pickup in accordance with Spec. No 1014. Color - White - Spray -in Bed Liner, Electronic Shift Control on the Dash for 4 -Wheel Orive, Skid Plates, Limited Slip Rear Axle and Front Tow Hooks.. Gas Dept. 5. Series (PU-2H0), A Ton, Extended Gab, Short (6 9i) 1 EA Bed, 4x4 Pickup In accordance with Spec. No. 1014. Color- White Spray-in Bed Liner, Cab Guard, -ID, Towing Package with Pintle Hitch Bar, Electronic Shift Control on the Dash for 4-Wheel Drive, Skid Plates, Limited Slip Rear Me and Front Tow Hooks. Gas Dept. & Series (PU -3H0). 34 Ton. Crew Cab, Long (8') Bed, 1 EA Pickup,.. in accordance with Spec. No. 1014 Color " - White. Spray -in Bed Liner, Cab Guard, N: D. Towing Pakage with Combination Pintlel2" Ball Hitch Bar, 110 Gallon Diesel Fuel Tank, Aluminum Saddle Box and Hydraulic Lift Gate. Solid Waste Series (PU -3HD), 94 Ton, Standard Cab, Long ( 8' ) Bed, Pickup, In accordance with Spec. No. 1014. Color - White- Spray -in Bed Liner, Cab Guard, H.D, Towing Package with Combination PIntlel2' Ball Hitch Bar, and Aluminum Saddle Box. Stormwater Dept. BID TABULATION. BID INVITATION NO. 01 -0068-08 PICKUPS &.VANS ACCESS FORD LTD Corpus Christi, Texas UNIT EXT. PRICE PRICE SAMES CROW FORD. Corpus Christi, Texas UNIT EXT. PRICE PRICE CHAMPION FORD. Corpus Christi, Texas UNIT EXT. PRICE PRICE Series (PU-3HD). '1. Ton, Extended Cab, Long (8') 2 EA Bed. Pickup, in accordance with Spec. No. 1009, 1014, and 1065. Color- White Delete Bed, Service Body -Ultra Low Profile Top Opening, Spray-in Bed Liner, and 'Plntle.Hitch Required. Gas Dept. 516,289.00 548,867.00 16,379.00 16,379.00 15,749.00 62,996.00 18,389.00 18,389.00 18,789.00 18 789.00 516,196,00 .548:588.00 16,303.00 16.303,00 15972.00 63,888.00 18,543,00 18,543.00 19,242.74 19,242.74 22,61900 22,61900: 22.512.00. 22,512.00 16,787.00 50,361.00 :16.781,00 50,343.00 22,187.00 44,374.00 22.429.00 44,858.00 $16,219.00 $48,657.C.' 16,369.00 16,36900 .15,999.00 63,996.00 19,326.00 19 3, 26.00 20,161.00 20`61.0;. 22,576.00 22,576.00 16,826.00 50,478.00 22,999,00 45,998.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER::GABRIEL MALDONADO COUNCIL. DATE: 3/11/08 ITEM DESCRIPTION QTY UN 10. Series( PU -3H0), 14 Ton, Standard Cab, Long (8`) 4 EA Bed; Pickup, in accordance with Spec. No, 1014. Color- White Spray -in Bed Liner, and Heavy Duty Aluminum Cab. Step on Drivers Side. Animal Cantrell Series:( PU-3HD ), 'Ton, Extended Cab, Short ('.8 %) Bed, Pickup, In accordance with Spec. Na 1014, Color r-White - Spray -in Bed Liner, Cab Guard, and R.D. Towing Package. with Hitch Bar. and 1 7 /e' Ball. Wastewater Dept. Series ( V -2 ), '''A Ton Full Size Cargo Van, in accordance with Spec. No. 1014. Color - White- Wastewater Dept. EA 12, Series ( V-4 ), 34 Ton Full Size Cargo Van, in 1 EA accordance with Spec. No. 1014. Color- White. Bulkhead Protectorw /SwIng. Door, Rear Bumper, 1 7/8' Hitch Ban, Trailer Wiring Harness with Six -Way Female. Connector, and Fixed Glass in Rear Doors Only. Wastewater Dept Series( V-4 ), 344 Ton, Full Size Cargo Van, In accordance with Spec. No.1014. Color- White General Service Shelf Package #800.1219, Roof Top Heavy Duty Steel Rack, Axed Glass in Rear Door Only, and Rear Step Bumper. Facility Management & Maintenance Dept. 14. Series ( V-4 ),'34 Ton Full Size Cargo Van, in accordance with Spec. No. 1014. Color-White - Shelf Package - to include Weather Guard Screen Bulkhead with Stabilizer kit, Jumbo Shelf. with Retainer Llp, Dividers and Back Panel, 4 Drawer Stacked Unit, Roof Top Heavy Duly Steel Rack, Fixed Glass in Rear Doors Only, and Rear Step Bumper. Facility Management 6. Maintenance Dept. 15. : Series (. HT- 1.5),: 15,000 Ib. GVWR,.Crew Cab and 1 Chassis, 60':'nth cab-to-axle, w /Serviee.Body (Rawson - Koenig # E60094 or approved equal), In accordance with Spec. No. 1009, 1012. and 1013. Color -: White - Gas Dept. 1 BID TABULATION BID INVITATION. N0.81-0068.08 PICKUPS 8 VANS ACCESS FORD, LTD Carpus Christ; Texas UNIT EXT, PRICE PRICE SAMES CROW FORD Carpus Christi, Texas UNIT EXT. PRICE PRICE CHAMPION FORD Corpus Christi,: Texas UNIT EXT. PRICE PRICE 1579900 63,196.00 15,879.00: 63,516.00 15,935 .00 63,743. 11,812.00 17.812.00 18027,00 18,027.00 18;091.00 18,091. 15,639 00 .15:839.00. 15,695.00. 15,695 00 15,828.00 15,828.( 18.12900 16,129.0q 16,890.00: 16,890.00 16,286.00 16,286.0 18,365.00. 18.385.00 19,030 00 19,030.00 18,420.00 18,420.01 18,129.00 18,129.00 18 797.00 18,797.00 18,388.00 18,388.0[ (1) 40, 789.00: 40:789.00 44.497.00 44:497.00. 43:979.00 43.979.00 Award Total: 9258640.00 Grand Total: .9477;852.00 9137.7480Q. The vehicles bid by Access Ford and Samos Crow Ford, do not meet specifications regarding engine size and /or the service body. $83.466,00 0 0 0 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 11, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit an outdoor grant application to the Texas Parks and Wildlife Department in the amount of $500,000 to develop the first phase of the Conservation /Interpretive Park on Oso Bay. ISSUE: The City of Corpus Christi Parks and Recreation Department will be applying for a Texas Parks and Wildlife, Outdoor Grant on April 1, 2008 for the Conservation /Interpretive Park located between Holly and Wooldridge. The property is currently owned by the Coastal Bend Bays and Estuaries Program. The property will be, used as the grant match for the application. It has not been determined if the full 77.7 acres will be used or, if the property will be divided into two sections for two grant applications. This will be determined based on the appraisal. Once the grant has been approved and received the Coastal Bend Bays and Estuaries Program will donate the property to the City as dedicated' parkland. REQUIRED COUNCIL ACTION: Authorization for the grant application. PREVIOUS COUNCIL ACTION: Council approved the Oso Creek - Oso Bay Greenbelt, Parks & Trails System in August, 2006. A second presentation of the Oso Creek - Oso Bay Greenbelt, Parks & Trails System was presented to Council in December, 2007. Council approved an agreement with the Trust for Public Lands to acquire acreage from the Gaines family as part of the Conservation /Interpretive Park in February, 2008. Board /Commission Action: The Parks and Recreation Advisory Committee approved the Oso Creek — Oso Bay Greenbelt, Parks, and Trails System Master Plan in 2006. FUNDING: First phase funding will be from the grant award. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council approve the grant application. Sally Gavli Parks and Attachments: Background Information Director ecreation Department BACKGROUND INFORMATION The Oso Creek - Oso Bay Greenbelt, Parks & Trails System Master Plan was developed through a Steering Committee composed of community members and partners. The planning process began in 2004 and was completed in 2006 with a completed master plan. One of the first phases of the master plan was a Conservation/Interpretive Park between the areas of Holly and Wooldridge roads near the old railroad trestle over Oso Bay. The land in this area was owned by the City of Corpus Christi, Coastal Bend Bays and Estuaries, and the Gaines Family. Negotiations began with the developer of Hogan Homes to acquire the property owned by the Gaines family so the entire park would be approximately 163 acres. The transaction to acquire the Gaines property was finalized in February, 2008. The Coastal Bend Bays and Estuaries Program has historically offered to the City the 77.7 acres as dedicated parkland for grant match. With the 80th Legislature, the Texas Parks and Wildlife Department was able to restructure several of the existing grant programs. The Outdoor Grant program, which had been reduced in funding scope and availability was changed, and now reflects previous funding levels of $500,000 at a 50/50 match. There was a special grant cycle added for April, 2008. This will be a one time grant cycle for this program and then the normal cycles of July and January will be re-instituted. The Parks and Recreation Department has the preliminary plans of the parkland completed, the environmental assessment completed, and several other components of the grant application in process. The grant application is currently being developed for submission by the April 1, 2008 deadline, The application will include development of wetland areas, birding stations, education kiosks, and some trails. There will be additional grants for this project submitted in May and July, 2008. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT AN OUTDOOR GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $500,000 TO DEVELOP THE FIRST PHASE OF THE CONSERVATION /INTERPRETIVE PARK ON OSO BAY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit an Outdoor Grant application to the Texas Parks and Wildlife Department in the amount of $500,000 to develop the first phase of the Conservation /Interpretive Park on Oso Bay, SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary February 22, 2008 Lisa Aguilar Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas of , 2008 The above resolution 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 14Al Pet num insnnie \I :.a n1_ n ra al_ CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 11.2008' AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an amendment to Agreement of Sale with the Trust for Public Lands, for the purchase of 49.53 acre tract of land situated partially in Lot Three, Lot Four, Lot Eleven; Lot Twelve, Lot Seventeen, and Lot Eighteen, Section 32 and Lot Seventeen, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, to amend purchased and acreage from 49.53 acre tract to 48.91 acre tract. ISSUE: The original survey listed the acreage as 49.53. In review of the survey, the actual acreage is 48..91. Therefore, the agreement of sale needs to be amended to reflect the actual acreage of 48.91 Trust for Public Lands a non - profit organization that purchases property for govemment entities has agreed to purchase the 48:91 acre tract from the Gaines Family. The property will be held by the Trust so the City of Corpus Christi can apply for grants through the Texas Parks and Wildlife Department. REQUIRED COUNCIL ACTION: Approval of the amended agreement between the City of Corpus Christi and the Trust for Public Lands. PREVIOUS COUNCIL ACTION: Council approved the Oso CreeklOso Bay Trails, Greenways Master Plan on August 22, 2006. Council approved a Development Agreement with Hogan Home Developers, which included the property transaction on May 15, 2007. On December 11, 2007, a presentation was made to Council concerning detail design features and goals for the Oso Creek/Oso Bay Trails, Greenways Master Plan. Council approved the Agreement of Sale on February 12, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the amended agreement between the City of Corpus Christi and the Trust for Public Lands. Attachment: Background Information a y G ik, Dire or Parks a, • Recreation Department BACKGROUND INFORMATION Neill Amster, Hogan Homes Developer has an option to purchase 49.53 48.91 acres from the Gaines Family on what will eventually be constructed as the Oso Parkway. The Hogan property abuts property currently owned by the City of Corpus Christi, and the Coastal Bend Bays and Estuaries Foundation. The property is between the roadway and Oso Bay. All three tracts will be developed into a conservation/interpretive park for the Corpus Christi area. Mr. Amster has agreed to work with the Trust for Public Lands, a nationally recognized non- profit, who will purchase the property for the City of Corpus Christi and hold it until such time as the city applies for grants. Grant opportunities are available beginning in April 2008. The intent is the Trust will be reimbursed from grant proceeds. Should the City not be successful in grant applications then the Trust will be reimbursed from Enrichment Funds, which are developer funds. Mr. Amster is also contributing to the developer funds for the projects within this area All funds will be used to improve the park site The City of Corpus Christi entered into a Development Agreement with Mr. Amster on May 15, 2007 noting future development of this area The park site and development were outlined specifically within the agreement. The Parks and Recreation Department has worked with community stakeholders to develop a complete master plan for the Oso Creek/Oso Bay area that includes park sites, and a linear park system for the citizen of Corpus Christi. The Conservation/Interpretation Park is one of the first components to be developed. In addition to the Hogan Developer, other partnerships for the project include the Coastal Bend Bays and Estuaries Foundation. When completed this park site will be approximately 162 acres. Council approved the Agreement of Sale on February 12, 2008. Mai. . 2 0.03 2:12PM No. 1293 f, 2. "2 Amendment No. 1 to the Agreement of Sale The Trust for Public Land, a nonprofit California benefit corporation authorized to do business m Texas as TPL- Texas, Inc., which shall be referred to as "Seller" and the City of Corpus Christi, a Texas Municipal Corporation, which shall be referred to as `Buyer' agree to amend the Agreement of Sale authorizer) by Corpus Christi City Council on February 12, 2048, as follows: 1. Section B of the Recitals Section is amended to read as follows: B. The George B. Gaines, Jr. Family Limited Partnership, LTD ( "Current Owner ") is the owner of certain real property located in Nueces County, Texas consisting of approximately '19.53 48.91 acres and depicted on Exhibit A attached hereto and made a part hereof Said real property, together with any and all improvements, fixtures, timber, water and/or minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, access rights and mineral rights shall be referred tom this Agreement as the "Property ". The exact legal description of the Property shall be determined in accordance with Section 31 of Agreement and is attached as Exhibit B. 2. Exhibit A of the Agreement is replaced with revised Exhibit A, attached hereto and made a part hereof. 3. All other terms and conditions of the Agreement of Sale authorized by City Council on February 12, 2008 remain in effect. 1N WITNESS of provisions the parties have executed and delivered this Agreement as of the date set forth below. The effective, date of this Amendment shall be the last date of execution by either of the parties to this Agreement If a part returns this Agreement by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving facsimile machine to be its original signature. SELLER: BUYER: THE TRUST FOR P IC LAND CITY OF'CORFUS CHRISTI By: i / r 13y: Title; .q ett M ! Title: Date: 3 ' ' 0 f) Date: Approved as to legal form: 48.91 ACRES THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 48 91 acre tract of land situated partially in Lots Three (3), Lot Four (4), Lot Eleven (11) Lot Twelve (12), Lot Seventeen (17), and Lot Eighteen (18), Section 32, Flour Bluff and Encinal Farm and Garden Tracts of record in Volume A, Page 41 -43 of the Map Records of Nueces County, Texas, and being a portion of that certain tract of land conveyed by George B. Gaines, Jr., et ux to The George B. Gaines, Jr; Family Limited Partnership, LTD. according to Document Number 842209 of the Official Records of Nueces County, Texas, and a portion of that certain tract of land conveyed by George B. Gaines, Jr:; et ux to The George B. Gaines, Jr. Family Limited Partnership, LTD. according to Document Number 842210 of the Official Records of Nueces County, Texas, said 48.91 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at a 5/8 inch diameter rebar (with velIaw plastic cap stamped "URBAN SURVEYING, INC.`) found marking the common corner of Section 27, Section 28, Section 31 and said Section 32, Flour Bluff and Encinal Farm and Garden Tracts, THENCE, South 61 deg. 22' 33" East, along the common line of said Section 31 and said Section 32, a distance of 1397:62 feet to 5/8 inch diameter steel rebar set to mark the north comer of the herein described tract and the POINT OF BEGINNING herein; THENCE, South 61 deg. 22` 33" East, continuing with the common line of Section 31 and Section 32, a distance of 958.01 feet to a 5.'8 inch diameter steel rebar set to mark the beginning of a non - tangent curve to the right; THENCE, with said curve to the right, having a radius of 1597.21 feet, interior angle of 10 deg, 49' 57 ", chord bears South 46 deg. 22' 26" East, 301.52 feet, for an are length of 301.97 feet to a 5/8 inch diameter steel rebar found marking the northeast corner of the herein described tract, THENCE, South 28 deg. 38' 49" West, a distance, of 2597.02 feet to a 5/8 inch diameter steel rebar found marking the south corner of the herein described tract; THENCE, North 61 deg. 20' 04" West, a distance of 740.05 feet to a 5/8 inch diameter steel rebar set to mark southwest comer of the herein described tract; THENCE, North 28 deg. 39' 56" East, a distance of 165.00 feet to a 5/8 inch diameter steel rebar set to mark the beginning ofa tangent curve to the right; THENCE, with said curve to the right, having a radius of 560.00 feet, interior angle of 17 deg. 17' 50 ", chord bears North 37 deg. 18' 41"' East, 16837 feet, for an are length of 169.01 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 45 deg. 57' 46" East, a distance of 507.29 feet to a 5/8 inch diameter steel rebar set to mark the beginning ofa tangent curve to the left; THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 37 deg. 13' 54 ", chord bears North 27 deg. 20' 50" East, 408.60 feet, for an are length of 415.88 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 08 deg. 43' 53" East, a distance of 487.73 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a tangent curve to the left; THENCE, with said curve to the left, having a radius of 640.00 feet, interior angle of 25 deg. 45' 17 ", chord bears North 04 deg. 08' 46" West. 285.27 feet. for an arc length of 287.68 fcet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE, North 17 deg. 01' 24" West. a distance of 261.19 feet to a 5/8 inch diameter steel rebar set to mark the beginning of a tangent curve to the right; THENCE, with said curve to the right, having a radius of 560.00 feet, interior angle of 45 deg. 35' 34", chord bears North 05 deg. 46' 23" Fast, 433.95 feet, for an are length of 445.62 feet to a 5/8 inch diameter steel rebar set for its point of tangency; THENCE. North 28 deg. 34' 10" East, a distance of 169.32 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 48:91 acre tract of land, more or less. All set 5/8 inch diameter steel rebar marked with yellow plastic cap stamped -URBAN SURVEYING, INC. -. Bearings based on Texas State Plane Coordinate System (South Zone) using City of Corpus Christi control monuments SP071 and SP 080 (Bearing from SP 071 to SP 080 is North 52 deg. 28' 26.49" West). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in December 2007 and are true and correct to the best of my kno ge and belief. U an S ying, Inc. By Terry _ Ruddick OL Registered 'rofessional Land Surveyo Texas No. 4943 S16532- park 1Z0'L6&Z M,o6t1S£oSZ 9 0 B -'fl a is 4141 S . ee ve 114 } lit 9r fib s. Tit 16 N. N. 'C. C \ f \ N. t. h \ \ ® \ .. y w w cc \J CURVE c /d NNI a£ k u6tSeog g % % . les V. . . Nita y. % II le' o I▪ L \ \ ° � 5 w. • 2 \ 0 \), • \ \ .\ y \ \ ` \ 4 at ta no 4 fa 4 TA AGREEMENT OF SALE This is an Agreement with an Effective Date as provided below between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Texas as TPL- Texas, Inc., which shall be referred to as "Seller," and the CITY OF CORPUS CHRISTI, a Texas municipal corporation, which shall be referred to as "Buyer" RECITALS A. The addresses and telephone numbers of the parties to this Agreement are as follows. Telephone numbers are included for information only.. SELLER: The Trust for Public Land 1113 Vine St., Suite 115 Houston, TX, 77002 Attn: Laura Sykes Tel: (713) 226-7200 Fax: (713) 226-7229 Email: laura.sykes@tpl.org With copies to: The Trust for Public Land 2610 University Avenue, Suite 300 St. Paul, MN 55114 Attn: Margaret J. Madden Tel: (651) 999 -5301 Fax: (651) 917 -2248 Email: maggie.madden @tpl.org BUYER: City of Corpus Christi Atta: Sally Gavlik 1201 Leopard Street Corpus Christi, TX 78401 -2825 Tel: (361) 826 -3464 Fax: (361) 826-3864 Email: sallyg @cctexas.com With copies to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street Corpus Christi, Texas 78401 Tel: (361) 826 -3360 Fax: (361) 826 -3239 B. The George B. Gaines, Jr. Fancily Limited Partnership, LTD. ( "Current Owner") is the owner of certain real property located in Nueces County, Texas consisting of approximately 49.53 acres and depicted on Exhibit A attached hereto and made a part hereof. Said real property, together with any and all improvements, fixtures, timber, water andlor minerals located thereon and any and all rights appurtenant thereto including but not limited to timber rights, water rights, access rights and mineral rights shall be referred to in this Agreement as the "Property". The exact legal description of the Property shall be determined in accordance with Section 31 of this Agreement. 1 -30 -08 1 C. Current Owner has agreed to sell the Property and certain additional property to Hogan Development Co., L.P. ( "Hogan ") and Hogan has assigned its right to purchase the Property to Seller. D. Upon Seller's acquisition of the Property, Buyer wishes to purchase the Property from Seller and Seller wishes to sell the Property to Buyer in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, FOR $10.00 AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property on the terms and conditions set forth herein. 2. Purchase Terms. a. Price. The purchase price ( the "Purchase Price ") for the Property shall be Five hundred twenty -eight thousand, nine hundred dollars ($528,900.00)., b. Method of Payment. The Purchase Price shall be payable in cash, at Closing (as defined below), subject to any credits, pro - rations and adjustments provided elsewhere in this Agreement. 3. Buyer's Deposit. [This Section is intentionally deleted.] 4. Condition of the Property. a. Seller shall contract with,TSI Laboratories, Inc. environmental consultant ( "Consultant") to complete a Phase I Environmental Site Assessment of the Property (the "Phase I "). Seller will provide Buyer with a copy of the Consultant's finalized Phase I within 5 days of Seller's receipt of the same. Buyer agrees that from the Effective Date to, through and including the later of (a) February 15, 2008 or (b) five (5) business days from the date of receipt of the Phase I (the "Inspection Period"), Buyer shall notify Seller of Buyer's intent to do the following at its sole cost and expense: (i) make an independent investigation, of the physical condition of the Property including but not limited to the condition of soil, the presence of hazardous materials or, contaminants, other physical characteristics, and compliance with any statutes, ordinances or regulations; and (ii) study all aspects or circumstances of the Property and make all inspections and verifications which Buyer deems material, relevant or necessary for the completion of Buyer's due diligence review for the transaction covered by this Agreement. 1 -30-08 Notwithstanding any applicable law or custom to contrary, Buyer shall be solely responsible for conducting any inspections or tests required by law at its sole cost and expense. Should Buyer determine in its sole discretion based on its investigation of the Property or review of the Phase I, that the condition of the Property is unacceptable to Buyer, prior to the expiration of the Inspection Period Buyer shall so notify Seller in writing of its objections ( "Objections "). ha the event Seller is unable to cause Hogan to cause the Current Owner to agree to remove any of Buyer's Objections prior to Closing, Buyer may elect to (i) terminate this Agreement in which case Buyer shall have no obligation to purchase the Property and the parties° obligations hereunder shall terminate or (ii) proceed to Closing and accept the Property subject to the Objections without diminution of Purchase Price. Buyer's failure to make timely Objections will constitute a waiver of its rights to raise any Objections hereunder and Buyer will accept title to the Property subject to such Objections. b. Buyer agrees that: (i) Seller has made no representations or warranties with respect to the Property except as set forth in this Agreement; (ii) Seller shall not be responsible for any statements, representations or warranties of any kind furnished to Buyer by any real estate broker or any other person, unless the same are specifically set forth in this Agreement; (iii) no materials, brochures, or documents delivered by Seller to Buyer or any other person (including without limitation the Phase I and the survey to be provided pursuant to Section 31) shall be, or be deemed, a representation, warranty, or agreement of Seller under, or with respect to, this Agreement; and Buyer has, and shall have, the exclusive responsibility for verifying any facts or conditions set forth or described in any such materials, brochures, or documents; and (iv) Buyer has not undertaken any activity and will not undertake any activity which could reasonably be construed to jeopardize Seller's' efforts to acquire the Property. The parties agree that any activity undertaken by Buyer as required by law is not an activity that could reasonably be construed to jeopardize Seller's acquisition effort. c. Buyer acknowledges that Buyer will have a full and fair opportunity to inspect the Property and any structures or improvements on the Property and to perform, any tests or analyses desired by Buyer to satisfy Buyer as to the condition of the Property. Buyer agrees to accept the ProPerty including any structures or improvements, "as is, where is," subject to all faults of every kind and nature whatsoever, whether latent or patent and whether now or hereafter existing and subject to any violations of any law or ordinance existing on the date of without limitation those relating to 1 -30-08 the environmental condition of the Property. Buyer waives any and all objections to or claims or causes of action against Seller including, but not limited to federal, state or common law actions and any private right of action under state and federal law to which the Property is or may be subject (including, but not limited to CERCLA and RCRA) regarding the physical characteristics and existing structural, geologic, subsurface, soil, water and environmental conditions on, under, adjacent to or otherwise affecting the Property. 5. Closing. Final settlement of the obligations of the parties hereto shall occur on or before January 31, 2009, at such date, place and time as the parties shall agree (the "Closing "). This transaction shall be closed in escrow with San Jacinto Title Services of Corpus Christi, 5926 S. Staples, Corpus Christi, TX 78413 (the "Escrow Holder"). The transaction contemplated hereunder shall be closed by Escrow Holder in accordance with the general provisions of the usual form of deed and money escrow agreement then in use by Escrow Holder, with such additional special provisions inserted in said escrow agreement as may be required to conform with the terms and conditions of this Agreement Buyer has submitted a request to the Texas Parks and, Wildlife Department for a grant to be used towards Buyer's Purchase Price obligation hereunder. Buyer understands and agrees that its obligations hereunder are not contingent upon Buyer obtaining said grant. 6_ Title. Seller shall by special warranty deed convey to Buyer its interest in the Property, subject only to the following: (i) any federal, state or local laws, ordinances, regulations and/or orders whatsoever; (ii) liens for real estate taxes not yet due and payable and other taxes and assessments of any kind or nature assessed (not yet due and payable) with respect to the Property; (iii) The following restriction to be placed on the Property when it is conveyed to Seller: No roadway or other entrance to the Property, whether such roadway or entrance is public or private, may be constructed or maintained within one hundred feet (100') of the southem boundary of the Property. This restrictive covenant shall be enforceable by (i) any owner of the property adjacent to the southern boundary of the Property, (ii) any homeowners' association which includes such adjacent property, or (iii) the developer who files a plat including such adjacent property. (iv) such other title objections and exceptions as may be waived by Buyer; 1 -30 -08 (v) the standard printed exceptions on the form of title insurance issued pursuant to Section 7; and (vi) any use restrictions required by Buyer's funding source. The foregoing shall be referred to collectively as 'Permitted Exceptions ". Seller has delivered to Buyer a copy of a commitment for title insurance covering the Property and some additional property, issued by Escrow Holder committing the title company to issue a TLTA Owner's Policy insuring title to the Property in Seller (the "Seller's Title Commitment'). Buyer shall at its sole cost and expense obtain a title commitment for title insurance from Escrow Holder committing the title company to issue a TLTA Owner's Policy insuring title to the Property in Buyer. On or before February 15,'2008, Buyer shall advise Seller in writing of any exceptions in the Seller's Title Commitment, other than the Permitted Exceptions, which Buyer will require to be removed on or before Closing (such exceptions which are not Permitted Exceptions being hereafter referred to as "Impermissible Exceptions "). In the event Seller is unable to cause Hogan to cause the Current Owner to agree to remove any such Impermissible Exceptions by Closing, Buyer may elect to (i) 'terminate this Agreement in which case Buyer shall have no obligation to purchase the Property and the parties' obligations hereunder shall terminate, or (ii) proceed to Closing and accept title to the Property with the Impermissible Exceptions without diminution of Purchase Price. If Buyer fails to notify Seller of any objection to exceptions in the time period provided herein, Buyer shall be deemed to have accepted all matters set forth in Seller's Title Commitment and the same shall be deemed Permitted Exceptions. 7. Title Insurance. Buyer shall at its option and its sole cost and expense procure a TLTA owner's policy of title insurance from the title company that issued the commitment for title insurance described in Section 6 insuring that title to the Property is vested in Buyer upon Closing, subject only to the Permitted Exceptions pursuant to Section 6. 8. Seller's' Promise not to Further Encumber. Seller shall not, without the prior written consent of Buyer, make any leases, contracts, options or agreements whatsoever affecting the Property which would in any manner impede Seller's ability to perform hereunder and deliver title as agreed herein. 9. Seller's Representations. Seller makes the following representations: a. At Closing, Seller will have the power to sell, transfer and convey all right, title and interest in and to the Property. b. Seller represents and warrants that it is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code. Seller's United States Taxpayer Identification Number is 23- 7222333. 10. Taxes, Closing Expenses. Seller's Carrying Costs and Fees. At Closing, Buyer will reimburse Seller for all costs, expenses or fees it has incurred or will incur in connection 1 -30-08 with or related to the acquisition, operation, or transfer of an interest in the Property, including, but not limited to environmental assessments, appraisals, surveys, title insurance, real estate taxes, special assessments, rollback taxes, utilities,- maintenance costs and insurance premiums; provided, however, Seller's interest and financing expenses and attorneys' fees, other than those that may be incurred in enforcing this Agreement, are specifically excluded under this Section. All real property taxes on the Property, including, any special assessments, levied, pending or constituting a lien against the Property, if any, shall be assumed by Buyer. Buyer shall be responsible for paying any additional taxes, penalties and interest, including but not limited to compensatory or roll back taxes, on the Property arising from the termination of a preferential tax classification of Property payable as a result of the conveyance to Seller or Buyer The escrow fee for Closing shall be shared equally by Seller and Buyer. Any documentary tax or real property transfer tax arising out of the conveyance of the Property shall be paid by Buyer or Buyer shall at Closing reimburse Seller for said tax. Other fees and charges not otherwise allocated in this Agreement, shall be allocated in accordance with the customary practice of Nueces County, Texas; provided, however, if there is no customary practice then equally between Seller and Buyer. Seller will seek any real estate tax exemption available to it during its ownership of the Property; provided, however, Seller will not be obligated to assume any costs and expenses in connection therewith other than customary application fees, if any Buyer agrees that it will provide assistance to any effort by Seller to seek such exemption. Buyer, however, shall not be relieved of its obligation to pay such taxes and assessments as required by this Agreement, unless the Property is allowed a tax exemption during Seller's ownership. In addition, Seller will seek to lease the Property for grazing or agricultural purposes during its ownership pursuant to terms of an agreement reasonably acceptable to Seller. Buyer understands that Seller will not be obligated to assume any costs, expenses or liability in connection with such a lease. 11. Notices. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto personally by hand, telecopier, courier service or Express Mail, or by first class mail, postage prepaid, at the addresses set forth in Recital A. All notices shall be deemed given when deposited in the mail, first class postage prepaid, addressed to the party to be notified; or if delivered by hand, telecopier, courier service or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given. 12. [This Section is intentionally deleted.] 13. Remedies Upon Default. In the event either party defaults in the performance of any of its obligations under this Agreement, the non - defaulting party shall have the right of specific performance against the defaulting party, in addition to any and all other remedies provided in this Agreement, or by law or equity. 1 -30-08 14. No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement, the party on account of whose conduct the claim is asserted will hold the other party harmless from said claim, to the extent allowed by law without waiving any limitations or exemptions from liability. 15. Time of the Essence. Time is of the essence of this Agreement. 16. Binding on Successors. This Agreement shall be binding not only upon the parties but also upon their heirs, personal representatives , assigns, and other successors in interest. 17. Additional Documents. Seller and Buyer agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to carry out the provisions of Agreement. 18. Assi¢ument. Buyer may not assign its interests under this Agreement without the written consent of Seller: 19. Entire Agreement; Modification: Waiver. This Agreement constitutes: the entire agreement between Buyer and Seller pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the same agreement. 21. Severabilitv. Each provision of this Agreement is severable from any and all other provisions of Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the, laws of State of Texas. 23. Acceptance of Deed. The acceptance by Buyer of the deed shall be deemed to be full performance by Seller of, and shall discharge Seller from, all obligations hereunder and Seller shall have no further liability hereunder, 1 -30 -08 7 24. Risk of Loss. Notwithstanding any applicable law or custom to the contrary, all risk or loss with respect to the Property (other than a loss resulting from the willful acts of Seller) shall be borne by Buyer. 25. Condemnation. In the event of the taking of all or any part of' the Property by eminent domain proceedings, or the commencement of such proceedings prior to Closing, Buyer may, at its option, either (a) proceed to Closing with the Purchase Price reduced by the total of any awards or other proceeds received or to be received by Seller as a result of such proceedings, or (b) proceed to Closing with an assignment by Seller of all Seller's right, title and interest in and to any and all such awards and proceeds. 26. Possession. Possession of the Property shall be delivered on the date of Closing in the same condition as it is on the date hereof and/or as required pursuant to the terms of this Agreement, ordinary wear and tear excepted, free and clear of the rights or claims of any other party except as otherwise permitted in Section 6. 27. Buyer's Representation. Buyer represents, that it has full power and authority to enter into this Agreement and the person signing this Agreement for Buyer has full power and authority to sign for Buyer and to bind it to this Agreement. 28. Miscellaneous. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next business day which is not a Saturday, Sunday or legal holiday. The term "business days" as may be used herein shall mean all days which are not on a Saturday, Sunday or legal holiday. 29. Representation. Buyer hereby acknowledges that neither The Trust for Public Land nor its attorney represented Buyer as an attorney in this transaction and neither actually provided any legal advice, counsel or service to or on behalf of Buyer. Buyer further acknowledges that its attorney represented the interests of The Trust for Public Land solely in this transaction. 30. Continency. The parties agree that this Agreement is contingent upon the following: Buyer acknowledges that Seller does not presently own the Property and that Seller's duties hereunder and Buyer's rights hereunder are both expressly contingent upon the acquisition by Seller of the Property. In the event Seller does not acquire the Property by January 31, 2009, this Agreement shall terminate and neither party shall have any further obligations hereunder. 31. Survey. Seller will cause a TBLS Category IA Survey of the Property to be performed and will provide Buyer with a copy within 5 business days of Seller's receipt of the finalized survey. The legal description of the Property will be determined hi accordance with said survey and with any requirements of the Escrow Holder. t -30-08 Buyer shall advise Seller of matters reflected in the survey(s) which are unacceptable to Buyer (the "Survey Objections ") on or before the later of (a) February 15, 2008, or (b) 10 business days after the date Buyer receives the survey. In the event Seller is unable to cause Hogan to cause the Current Owner to agree to remove any Survey Objections to which Buyer has objected prior to Closing, Buyer may elect to either (a) terminate this Agreement in which case Buyer shall have no obligation to purchase the Property or (b) proceed with the purchase of the Property subject to the, Survey Objections without diminution of the Purchase Price. If Buyer fails to notify Seller of any Survey Objections in the time provided herein, Buyer shall be deemed to have accepted the survey with all matters reflected therein. 32. Conditions to Access to Prooertv. Before entering upon the Property to conduct the investigations provided for in Section 4, Buyer shall notify Seller and Seller shall have obtained the Current Owner's permission for Buyer to enter upon the Property to conduct said investigations. Buyer does hereby indemnify and hold the Current Owner, Seller and Hogan, their officers, directors, principals, and employees, as the case may be, harmless from and against any and all liability, loss, cost, claim, action, suit and/or expense (including but not limited, to attorneys' fees and litigation expenses) which they may suffer or incur by reason of or its agents presence on the Property for the purpose of making the investigations provided for in Section 4, to the extent allowed by law without waiving any limitations or exemptions from liability. 33. Manage. The parties agree that permanent signage on the Property shall provide for recognition of the role of Seller in this acquisition, said signage being subject to applicable governmental regulations and the approval of Seller. This section shall survive the delivery of the deed. 34. Land Conservation Services Fee. Concurrent with the execution of this Agreement, Buyer agrees to pay to Seller a V70,000.00 land conservation services fee. This fee is for the provision of project acquisition, planning and community relations services provided by Seller in an effort to preserve the Property for public conservation and recreation purposes. However, Seller does not warrant or represent that its services will be successful The parties acknowledge that the payment to Seller described in this paragraph constitutes payment for professional land conservation project services and is not payment for brokerage, lobbying, legal representation or legal services provided to or for Buyer. IN WITNESS of the foregoing provisions the parties have executed and delivered this Agreement as of the date set forth below. The effective date (the "Effective Date") of this Agreement shall be the last date of execution by either of the parties to this Agreement. If a party 1- 30-08 returns this Agreement by facsimile machine, the signing party intends the copy of its authorized signature printed by the receiving facsimile machine to be its original signature. SELLER: TH By: Title: Date: 140'va ST FOR P : LIC LAND alisir 1 -30-08 10 BUYER: CITY OF CORPUS CHRISTI By: Title: Date: By: Title: Date: Approved as, to, legal form: Exhibit A Depiction of the Property N 2S 17 it F t el 133; f C" 1111 21 I% N 2$- ”36 113500, E.M.E :N nomalmiliniSI■o 400 SOC SC`r., N wranw %V '40.05 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 11, 2008 AGENDA ITEM: a Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with The Council on Alcohol & Drug Abuse - Project Link for counseling, education and referral services to at risk pregnant and postpartum women. b. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with the South Texas Substance Abuse Recovery Services (STSARS) - Project Vista for substance abuse treatment to homeless or at -risk homeless individuals.. c. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Hannah's Hope for educational services for children with autism, d. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with The Volunteer Center to prepare and promote a new on -line database of volunteer opportunities. e. Motion authorizing the City Manager or his designee to execute an agreement in the amount of $1,000 with Nueces County CPS Community Partners Rainbow Room for the operation of the Nueces County Rainbow Room. f. Motion approving the transfer of $1,000 from City Council organization to the Senior Center organization within the General Fund for support of senior services to be split equally among the Greenwood Senior Center, Lindale Senior Center and Broadmoor Senior Center. ISSUE: Council Member John Marez is ineligible to receive Council salary due to his employment with the State of Texas. The City's Legal department has issued an opinion that these funds can be donated to non - profit organizations as long as a public need is met. Council Member Marez has selected the following non-profit organizations to receive these funds: • The Council on Alcohol & Drug Abuse Project Link • South Texas Substance Abuse Recovery Services - Project Vista • Hannah's Hope • The Volunteer Center • Nueces County CPS Community Partners - Rainbow Room • Greenwood Senior Center • Lindale Senior Center • Broadmoor Senior Center FUNDING: FY 2007 -2008 City Council organization. Salary funding allocation for Council Member John Marez from August 1, 2007 through July 31, 2008.. Funds will be provided on reimbursement basis. _ CONCLUSION AND RECOMMENDATION: Approval of the motions as presented. Arrnando Chapa City Secretary AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF THE COUNCIL ON ALCOHOL & DRUG ABUSE The City of Corpus Christi (the "City ") and the Council on Alcohol & Drug Abuse (the "Contractor "), a Texas non profit corporation, make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides the Project Link Program which provides case management, counseling, education and referral services to at risk pregnant and post partum women ( "Project Link Programs "). The Program is further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs to provide Project Link Program during the period of March 1, 2008 through July 31, 2008. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to The Council on Alcohol 8c Drug Abuse, Project Link Program Manager, 1801 S. Alameda, Suite 150 Corpus Christi, Texas 78404, This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the day of , 2008 ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager Date: Date: Approved this.) Y day ofiwawt,e , 2008 By: tit Lisa Aguilar, As ° ant City Attorney for City Attorney The Council on Alcohol & Drug Abuse By: Date: 21/431/4"11 Name: —tin/ Cr-of /c Title: chi. r it cc r/ $1, 01/18/2868 10x30 361854 914 7 The &Alcohol Drug Abuse Coastal Bend THE COUNCIL John Mara District 2 Corpus Christi City Council 1201 Leopard Corpus Christi, TX 78401 January 17, 2008 Dear Mc. Marcy salary letter is to confirm that eiCfluids received Alcohol Drug Abuse, will specifically be salary for donations given education and need used for buying is its for women n intensive cast management, in edu. The Program mission vce o ats a nt and post partuntwomen. This donation will be used to buy i ab e s at risk pregnant required documentation used to buy babies' daily needs, cribs, car soaks, busgasscs, raq for housing, and at tunes assistance for paying bills and other necessities that will assist women in becoming self sufficient. Sincerely, Jackie gates Jackie Jones, M.A., LPC lntem, LCDCi The Council on Alcohol & Mug Abuse Project Link Program Manar Pregnant Post Fortuna intervention Program 1801 S. Alameda, Suite 150 Corpus Christi,'TX 78404 361 -854 -9199 office, 361 - 9454501 cell Et PAGE 02/03 rrectdeet Libby Aw.y1 Vtte[resident A-C. Motors It Treseurer Janice Xim6Ml SactstsrY Davit' A. GrWlth anent On:draNart R.N. Dot seek terry C. douthw Kathy Ca Sal& lids t$t Senn e(ct111 Yak /my in Robot J. $aatdre A4altmy Cnnw4ttnt.. Carat Ou/ao Twit Gr arnoell Xen NeninS JeAlleue:Nom Jim Xaelln Charles LP Vona Long John Otto if artttln Salchow dryim Snit, Elteeattvn 0irettltn Deo Ogle fipmtatArattra Omta Adult Treatment aenvttee 'regnant Peet Pao.tc venues! m .S Drug Fres Caommid4e Youth Continuum often Cnolfllon Youth ProvatiortIndfaoted Youth Provoatlt Select 001 S.:Atamedar IS 110 e Opt Orlel4, 1 (3611.64.910 9117 FM (361) rr.nud4a Rtloarel Center XI Toads Prevention Unlearnt 1800 S. &Won Colin Chrlig rein 0404 061)188401/1012 (360 83¢0113 CRC Fat (161) 0006211993 ,ryrealis Orue Cann Youth Traatmont Service! /433 ie sine( 18404 ca1P'a:ChHOd.: Toot 061)8 'MOM Fat (361)1877030 SAMHSA AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF SOUTH TEXAS SUBSTANCE ABUSE RECOVERY SERVICES, INC. The City of Corpus Christi (the "City ") and South Texas Substance Abuse Recovery Services, Inc. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides case management services and substance abuse treatment to homeless or at -risk of being homeless individuals. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its incurred during the period of March 1, 2008 to July 31, 2008, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in, compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit, 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to South Texas Substance Abuse Recovery Services, Inc. 907 Antelope Street, Corpus Christi, Texas 78401. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the day of , 2008 ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary Date. Approved this Q Y day of eve , 2008 By: -^t--t/Lai d ' Lisa Aguilar, Assist City Attorney for City Attorney By: George K. Noe, City Manager Date: South Texas Substance Abuse Recovery Services, Inc. By: Name: Title: areotete D ec ve Date: ? /137/0 r 01/25/2008 14:04 907Antelope Corpus Christi, TX 78401 Mailing PO, Box 2745 Corpus Christi, TX 78403 Phone: 361.862.9979 Fax: '38t- 882-4469 fxecutive Director Norma PARS. Board of Directors' OMcers Board President Ron Garza Clinic Pharmacy Mee President Irma A. Herrera de Reins Amadcen foauiedon Treasurer Elias Vasquez Secretary Orlando Leal Texas State Bank Members Jesse Garcia arGO-Corpus Christi Terrance Mills Wells Fargo 361 -882 -4469 STSARS STSARS "A Guiding Light in she Darkness ofAddiction °' SOUTH TEXAS SUBSTANCE ABUSE RECOVERY SERVICES, INC. 01/24/2008 907 Antelope SC Corpus Christi, Tx 79401 Mr. Armando Chaps P. 0. Box 9277 Corpus Christi, Texts 78469 PAGE 03/05 RE: Councilman Marez's pay donation Dear Mr. Chapa, Subject Councilman's pay donation South Texas Substance Recovery Services (S.T.S.A:R.S) is the guiding light in the darkness of addiction in our community. STSARS was founded ki 1969 es a non- profit organization to assist those individuals and families suffering from drugs and alcohol abuse. Project Vista (Treatment for Homeless) is a federal funded program by SAMSHA to provide ease management services and substance abuse treatment to homeless or aterisk of being homeless individuablfanlgiss. Our program provides linkage to housing, substance abuse treatment access to mental health services, and linkage to other community programs, The malorlty of our clients are indigent and do not have the funds necessary to obtain their govemment 1. D., Birth Certificate, DD -214. At times, clients need help paying the co-pay for medication or paying the 53 fee to slay in an emergency shelter Helping them transition into a sober living environment and assisting them back into the workforce by paying for hair cut and /or tocls Is another way the funds will be used. There are approximately 5,000 homeless Individuals IMng in Nuecea County.: Project Vista mission Is to 'deliver high quality services to individuals and families members whose lives have, been impacted by homelessness, substance abuse, and/or mental illness. Our goal is to empower our clients to maintain sobriety, become self - sufficient and productive members of the community. I am faxing a copy for our 501 (C) (3) as requested by Mr, Martz. Please contact me if you have any questions at 882 -9979 ext 154. Thank you, arm- Norma Paz S. Executive Director . tat l e AS stem Department of state Hearth Services 5660- A- AGREEMENT CONCERNING PAYMENT OF FUNDS rN SUPPORT OF HANNAH'S FIOPE The City of Corpus Christi (the "City ") and Real Life Academy, Inc. dba Hannah's Hope, (the "Contractor "), a Texas non profit corporation, make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides education services for children with autism. These programs ( "Programs ") are further described on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000,00 for its costs incurred during the period of March 1, 2008 to July 31, 2008, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5,. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to Hannah's Hope, 901 Chaparral, Corpus Christi, Texas 78401. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the day of , 2008 ATTEST: CITY OF CORPUS CHRISTI' By: By: Armando Chapa, City Secretary George K. Noe, City Manager Date: Date: Approved this o� y day of Kevec+ , , 2008 pp By: d�.�s.eYs� , Lisa Aguilar, Assiity Attorney for City Attorney Real Li cademy, % c db annah's Hope By Date; 7 Name: Title: identify public need proposed for the use of these funds: Information from the Autism Society of America states that autism occurs in one out of every 150 births and is the fastest growing developmental disability! Statistics have demonstrated that the cost of lifelong care can be reduced by 2/3 with early diagnosis and intervention. Our goal at Hannah's Hope is to provide an individualized educational program based on the science of Applied Behavior AnalysisNerbal Behavior for children with autism, which will help ensure long term social change, and will encourage successful transition into a higher level educational environment. Through an appropriate daily intensive specialized program, such as the one provided at Hannah's Hope, studies have demonstrated that children with ASD have the best chance to transition into regular classroom environments. Hannah's Hope employs teachers dedicated to the education of children with autism. Each teacher receives extensive training in applied verbal behavior and must attend mandatory trainings to continue their education specific to the model of the Hannah's Hope teaming Center. Due to the intensive individualized nature of our program and the necessary staff to student ratio (2:1) required in order to provide such a program, operational costs such as staffing is a primary area of financial need. However, by employing and maintaining a qualified and dedicated teaching staff, Hannah's Hope is able to fulfill a need within the community to provide an intensive and specialized educational program for children with ASD that they might not otherwise receive. We believe our success ultimately benefits and is measured by our ability to teach children with autism and successfully transition them into a regular classroom environment, thus benefiting not only these children and their families but also our community by nurturing and developing contributing members of society in lieu of their disability. Hannah's Hope is Corpus Christi and the Coastal Bend's first and only private,- non - profit specialized school for children with autism spectrum disorder (ASD). The program serves children from ages 3 to 9, who are not yet learning in a group setting/raditionalclassroom setting. Ex le ft /- AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF VOLUNTEER CENTER OF THE COASTAL BEND The City of Corpus Christi (the "City") and Volunteer Center of the Coastal Bend (the "Contractor "), a Texas non profit corporation, make this Agreement concerning payment of funds in support of the volunteer database programs provided by the Contractor. The City and the Contractor agree: 1. The City will reimburse the Contractor up to $1,000.00 for its costs to prepare and promote a new on -line database of volunteer opportunities, 1- 800- volunteer.org. during the period of March I, 2008 through July 31, 2008. A description of the program is attached. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401, 2. The Contractor shall perform all of its activities in compliance with applicable Federal, State, and Local laws. 3. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 4. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 5, This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to Volunteer Center of the Coastal Bend, 400 Mann Street, Suite 402, Corpus Christi, Texas 78401. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the day of 2008. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager Date: Date: Approved this a g day of crt'vur:r , 2008 By: ti,c„;., Lisa Aguilar, Ass t City Attorney for City Attorney Volunteer Center of the Coastal Bend By: Name: Title: Ice Date: APPLICATION FOR t:c!14'Q7 USE OF COUNCIL MEMBER MAREZ' SALARY FUNS. FOR NON- PROFIT USE Name of Organization: Y /( 4 ,440 ride Sl / s Address: 40( k I6144i19 2t•, AL, 422 27401 Telephone No. / Fax No. 7" a C Email Address: Contact Person: Non Profit Status (501C3) 7T Yes No Amount of Funds Requested: 1/a) /919 lI Identify public need proposed for the use of these funds: Zfry 70 t `-, %- e` iu't'rti5f tao.ii era a- u aP e, 7b91 k iekteativai at ilript.0 we a" e h rattottee.v daubdotito weH X5O zg . raw eeid d, J4,e. 0-11, y Yi er,i. LG(l t kw Vie.Av t/cs6,c� izecAua!»'°ne /J� `: xv,: 6+ Pr Pc, I °P �' VOLUNTEER CENTER of the Coastal Bend 400 MANN ST. SUITE 402 CORPUS CHRISTI TX 78401 VOICE (381) 887 -8282: FAX 887.8288' Web site: volunteercenterccrputorg August 2, 2007 Mr. John Marez City Council Member Corpus Christi, Texas Dear Mr. Marez; Thank you for this opportunity to ask for your help to recruit more community volunteers. The mission of Volunteer Center of the Coastal Bend is to enable volunteers to effectively meet community needs. We approach this mission in a number of ways, including referring volunteers from many sources to 250 other nonprofit and government agencies and projects and recognizing the outstanding efforts of volunteers. We also directly engage people in programs to improve the community, like the annual HEB Feast of Sharing on Christmas Eve and JumpStart training for court referred youth. Following a hurricane or other disaster we recruit and refer spontaneous, unaffiliated volunteers from within and outside the community. In addition, we offer volunteer management training to help nonprofit staff maximize their volunteer resources. Volunteer Center now provides an on -line searchable database for volunteer opportunities. Earlier this year we joined the 1- 800- volunteer.org network, which is integrated into our existing Website, www.volunteercentercorous.orq, and also available through www.1- 800- volunteer.orq.' People without computer access can still call our office directly or use the parallel phone system, 1-800-volunteer, which connects them to our Volunteer Center. Volunteer Center's 1- 800- volunteer.org website is a simpler way for nonprofits and government agencies to recruit volunteers and track their contribution to the community. Tools for scheduling and communicating make it easier to engage volunteers while reducing administrative burdens on their staff. We have recently begun training local agencies to register their volunteer needs online. Twenty SI P6 de 3 agencies have registered and begun receiving automatic notification when potential volunteers express an interest. In addition to everyday volunteer matching, this system provides special functions designed to help manage volunteers during disasters. Volunteers can access the system twenty -four hours a day, seven days a week from any Internet- connected computer. Volunteers are just beginning to use the system to find opportunities quickly or shop around to see which opportunities fit their interests and availability. In June the site received 131 hits, many of them on evenings or weekends. The community now has a wonderful tool to increase volunteering by making available on demand information that people can use to select the job that is right for them. Now we must let people know about 1- 800- volunteer.orgl In addition to no cost methods such as media releases and public service announcements, we need to reach the public by buying media advertising. East Meets West Productions has generously offered design services at no cost. We need to purchase media time and space. 1 hope you will consider helping Volunteer Center connect the community's nonprofit and government agencies with potential volunteers. The value of your contribution will be multiplied by the efforts of the volunteers who answer the call. Thank you. Sincerely, Gilna Nance Executive Director of 3 AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF NUECES COUNTY CPS COMMUNITY PARTNERS The City of Corpus Christi (the "City ") and the Nueces County CPS Community Partners (the "Contractor "), a Texas non profit corporation, make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides support for the operation of the Nueces i County Rainbow Room, an emergency resource room located in Nueces County Child Protective Services office, which provides basic necessities such as diapers, children's clothing and shoes, to Nueces County Child Protective Services caseworkers to provide for the benefit of newly removed children The Contractor also provides funding; to assist relative - placement families with emergency supplies for the children under the care of Child Protective Services. These programs (" Programs ") are further described' on the attached Exhibit A. 2. The City will reimburse the Contractor up to $1,000.00 for its costs incurred during the period of March 1, 2008 to July 31, 2008, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and, Local laws. 4. The 'Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to Nueces County CPS Partners, 4201 Greenwood Drive, Corpus Christi, Texas 78416. This Agreement takes effect upon execution by City Manager., SIGNED AND AGREED UPON, this the day of , 2008 ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager Date. Date: Approved this RY day of re /3 vua , , 2008 By: an- Lisa Aguilar, Assisthrit City Attorney for City Attorney Nueces County CPS Community Partners By: Pate: at /°l C) Name: ,. .. ` Title: 4J e C r AUG -07 -2007 TUE 02:20 PM TOFFS FAX NO. 3618787451 P. 03 Dear Committee Members: The Nemo County CPS Community Partners Booed is asking ter binding to be used to expand support terriers . in addltionto the uperatiun ut theNueces County Rainbow Ream, un emergency ruaurce roans housed in the Nunn County Child. Protective Services office. Additiatel support services are' needed to heneltt the children who have Nen rescued or removed due to ttegkct ueahen and piarod in the are appropriate r$otiven who "ate: pup" to assume the care otthese children. Tho mission of the Nurces County Community Partners non- profit organisation le to form a emitter/hip hetwoen Child Protective Sonless and the commonly via volunteer parikipanis that serve on the board. Community Partners believe that through theseiolnt Worts, aCPS cnoworksr Is honer able to protect and assist familia and children Maisie. In lighter this mission. we sponsor prejectsthat support CPS nonworkers and the victims utddld oleos, sad neighed inhumes County. type successful, ongoing project than has been in effect for over len years lathe Raiahow Ream, an en-site resource Cotter available for CPS caseworkers to obtain emergency bask,wassides for the newly removed children they servo. Designed in a stonelike setting, the center is templetaly dependent on donations to sore new Items such es infant and children's dothing,diapers, shoes, toys, etc. The Rainbow Room is in tanatant use and is available to caseworkers' seems, all day and night, seven, days a week. A caseworker can come to the Rstnhow Room to gather necessary item, plain them: in a duffle hag to give to the child to take to higher' new placement: a foster home or an appropriate relative's home. Another that CPS saueworkers have identified concerns the plight office relative placement families and d,tldren. Probably the most unselfish act a grandparent, eon or uncla a cousin, or oven 0 clot* faintly friend ontndois lustokein their grandchildren, niece,mina cousins, or neighbor's children that have been removed for their protection. Statistks can be found in any research doament extolling the fact that,thildrea thrive when pined with fandliar,earing relptivn ar friends va beingplaerd —and oftenumos separated from each ether .. -into that foster ease system. But after taking in then ctdldren, and alter the Initial start.up clothes that cane from the Rainbow Room have to wear thin, then motive to eglvers must fend for themselves. Unlike tbdr totter.parent counterpartswheretdve hefty monthly monetary stipends per oath Mid they take in, relative "parents" ansidpate receiving tittle monetary nr emotional resaurcot to help sustain their "instant" ramlly. Indeed, the mtJornty of these relative piaoement families ere an afixed Income that is barely suffidenntto support two people let alone an extension to three, tire, or even more. Thus. we hope to expand our current Rainbow Room program to tnetudo emergency funds for cuseworken to use to help those voluntary omnivore. We believe that through then resources, the relatives would Omar. empowered to provide quality lives for their new charge.. And perhaps, this help could ballot the thing to turn these children's lives around and be the needed "glue" to keep these placements from breaking down. Examples of such"arnergency needs" cited by various cwewnkers Include: back a,.sahoolschool supplies and uniforms, emergcnq repairs of appliances areutantuhiie; birthday or graduationtokbrasion help; help with swimming or muse lemon; gift cards to purchase extra diapers,spedalired formula or groceries during In between. paychecks emergencies, etc. In addition, these fends can also be med to strengthen the "budding" CPS Kinship Program, m support group for relative compeers who can come tan meeting for rood and fellowship and to hear guest speakers. Our grant regent to Council Member Mara' Salary minds would be for $6,000 "earmarked" for our proposed expansion of our present Rainbow Room program to establish additional and completely separate funds far emergency supplies tor the selative- plaamenttamiferhhlidron, and to help strengthen the current CPS Kinship program. One Imndrid portent at the funds reteivad would directly benefit the merry Nueeer County caseworkers in their etfbrte to help the children In relative placements that are en their caseloads. They need this support to atuum stability for the children end to help prevent displacements, something that should he prevented at aft costs during this crifical and Iraurnatie time of the children's lire:. Our renown project would impact the lives and %tures of hundreds of children who live within Moos County. Sincerely, Roth Iiartman.Nueces Community CPS. Community Partners Hoard President �f t k AGENDA MEMORANDUM DATE: February 26, 2008 SUBJECT: CORPUS CHRISTI FESTIVAL OF THE ARTS AGENDA ITEM: Motion authorizing the City Manager, or his designee, authorizing a permit for the temporary closure of Coopers Alley from Southbound Shoreline to Northbound Shoreline, starting March 28, 2008 at 8 :00 am to March 30, 2008 at 5:00 pm for the Corpus Christi Festival of the Arts and authorizing the City Manager, or his designee, to issue a permit for the Festival upon meeting the conditions and requirements for permit in Sec. 49 -17. ISSUE: The City of Corpus Christi will require the temporary closure of Coopers Alley from Southbound Shoreline to Northbound Shoreline, starting March 28, 2008 at 8:00 am to March 30, 2008 at 5 :00 pm and this requires Council approval. Section 49 -17(a) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: Temporary Street closure for this event was approved last year on Brewster and Hughes from Chaparral to Mesquite. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. Kevin R Stowers Interim Director of Engineering Services Additional Support Material 1. Exhibit "A" Background Information 2. Exhibit "B" Site Map 3. Exhibit "C" Permit Application from City of Corpus Christi Parks & Recreation 4. Exhibit "D "Traffic Control Plan BACKGROUND INFORMATION Background: The Corpus Christi Festival of the Arts is in its sixth season and this year's event will be held at the Art Center of Corpus Christi. Last year, the Arts and Cultural Commission's Performing Arts Committee allowed youth and adults to try their hand at chalk art and street painting. This year they will have sand sculptures and aluminum art. The entire event will take place at the Art Center of Corpus Christi which is bordered on its south side by Cooper's Alley and Sherrill Park. Cooper's Alley and an adjacent portion of Sherrill Park will be used for creating sand sculptures and Aluminum Art. The entire south parking lot of the Art Center will contain the Festival's Kid Zone comprised of tents, a stage for performances and many tabled activities for children under 12. The festival attendees will become pedestrians entering the Festival activities from Sherrill Park, walking across Cooper's Alley to the Art Center. For the safety of the public and also for the specific art creations and exhibitions that need to take place on Cooper's Alley, the Festival of the Arts committee asks that Cooper's Alley, between North and South Bound Shoreline, be dosed during the 2008 Festival of the Arts events. VENDORS JOHN SARTAIN ST.. SCALE: 1" =100 PARKING LOT ART CENTER CHALK ARTISTS PARKING. LOT COOPERS ALLEY SAND SCULPTURE SHERRI PARK EXHIBIT; "B" - SITE PLAN - SUBJECT: FESTIVAL OF THE ARTS 2008 COOPERS ALLEY PROPOSED ROAD CLOSURE Traffic Engineering Div. Engineering Services Dept, TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES City of Corpus Christi APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event:City of CC Arts a Cultural Commission Park ft' Recreation Department Z Name of Proposed Event: 2008 Festival of the Arts 3, Date of Planned Event: March 28 -30, 2008 4. Key Contact individual:Chris Semtner/Joye LaBarrett Phone No 826- 3468/ 549 - 3246 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE Cooper's Alley beginning Sam March 28th through 5pm March 30, 2008 6. Purpose of Event and Detailed Description of Activities Planned: 6th Annual Corpus Christi Festival of the Arts The entire event will take place at the Art Center of Corpus Christi which is bordered on its south side by Cooper's Ailey and Sherrill Park. Cooper's; Alley and an adjacent portion of Sherrill Park will be utilized for creating specific art during' the Festival beginning Saturday March 29th. The entire south parking lot of the Art Center will contain the Festival's KidZone comprised of tents, a stage for performances and many tabled activities for children under 12, in addition to food vendors selling food and refreshments. Thus, the Coliseum parking lot will be greatly utilized during the event and the vast majority of the festival attendees will become pedestrians entenng the Festival activities from Sherrill Park; walking across Coopers Alley to the Art Center. For the safety of the patrons, especially children, and also for the specific art creations and exhibitions that need to take place on Cooper's Ailey, the Festival of the Arts committee asks that Cooper's Alley be dosed during the 2008 Festival of the Arts events. 7. List foods and beverages to be served: Food vendors will serve food and beverages (non - alcoholic) in the KidZone located on the South parking lot. Food and beverage vendors, stage and chairs and Texas Jazz Society vending wine and beer will be on the North parking tot 8. Services Requested by the City: Street closure of Cooper's Alley from 8am March 28 through 5pm March 30, 2008. 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. Booths and a small stage will be on the south parking lot of the Art Center of Corpus Christi. Restrooms and first aid station will be within the Art Center facility. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). Permit to Close Street for Public Events 2 11. Attach an official letter of transmittal requesting approval of the event. 12. in consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhbit "A ". E.* Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department, The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G.* Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroorn facilities to accommodate the anticipated public; I.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at Least two (2) weeks prior to the event; J. All security other than perimeter traffic control shalt be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shalt be approved by the Director of Parks and Recreation; L. Provide for potable' water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre- event condition after event ends; O. Restore any damaged City property promptly after event ends P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right - of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: Event Chairman /Organizer 4 Szinec Sponsoring, Organization Date Submitted: 'Feb. 22, 2008 JOHN SARTAIN ;ST. -3 PARKING LOT (2) TIDE 1 BARRICADES IV SCALE: 1" =100' PARKING LOT (3) TYPE I.BARRI ROAD CLOSED COOPERS ALLEY ROAD CLOSED (3) TYPE I :. RICADES SHERRIL P'RK EXHIBIT: " O " SUBJECT: FESTIVAL OF THE ARTS 2008 COOPERS ALLEY PROPOSED ROAD CLOSURE - TCP - SITE PLAN Traffic Engineering Div. Engineering Services Dept. AGENDA MEMORANDUM City Council Action Date: March 11, 2008 SUBJECT- Parker Park Pool Renovations — BOND ISSUE 2004 (Project No. 3347) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $67,720.00 for the Parker Park Pool Office, Bath House and Pavilion Renovations. (BOND ISSUE 2004) ISSUE: The Parker Park Pool is in need of facility upgrades to improve the quality of life and services. The proposed project provides upgrades and ADA improvements to the office and bathrooms. Other work includes miscellaneous exterior improvements and a new outside pavilion (covered party area). These improvements bring the facility into ADA compliance and the new pavilion provides opportunities for family parties, etc. to increase the use of the recreation center and pool. FUNDING: Funding for this project will come from the Capital Improvement Budget FY 2008 (Bond Issue 2004 funds). RECOMMENDATION: Staff recommends approval of the motion as presented. Sal y Gav Director Parks and Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Scope of Work and Costs Exhibit "C" Location Map H:'HOMBVe1m3P\GEMPARKS & RECli347 PARKER PARK POOL'.4GENDA MEMO.4nc 12 2 /2 /oc? Kevin R. Stowers Interim Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Parker Park Pool Renovations — BOND ISSUE 2004 (Project No. 3347) PROJECT DESCRIPTION: The proposed project consists of several improvements to the Parker Park Pool Complex, including office and bathroom renovations, new outside pavilion with lighting and other miscellaneous exterior upgrades. The renovations and upgrades will improve ADA accessibility and quality of life and services. > Office renovations include plumbing and electrical fixture replacement in the men's and women's bathrooms. > The new outdoor pavilion consists of a 24 -foot octagonal shaded structure with lights and concrete deck for parties, etc. > Other exterior improvements include replacing the roof on the equipment building and an additional 8 -foot x 36 -foot shaded area for the concession and entry areas. The Senior and Recreation Facilities Renovation (Bond 2004) project will fund the remaining improvements for this project. All work was coordinated and prioritized with facility directors and the Parks and Recreation Department. These community improvements will improve the usage of this complex to all city residents and help this pool become an aquatic center for all ages. Ron Foster with Roots and Foster Associates, Inc. held meetings with City Engineering and Parks & Recreation to determine a final scope of work for the Parker Park Pool Complex. These meetings addressed the most needed facility renovations and improvements, as well as provisions for persons with disabilities within budget constraints. CONSTRUCTION SCHEDULE: The project will be completed within 60 days of notice to proceed. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an non-call" general construction contractor on EXHIBIT "A" Pa +e 1 of 2 H \HOMEVeImaP\GEMPARKS & REC\3347 PARKER PARK POOL AGENDA BACKGROONO.doc. an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: A Allows a better defined scope with cost for the customer. A Construction contract award can be accomplished in Tess than one month, significantly shortening the procurement time Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi.. A. Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. On January 3, 2007, the City of Corpus Christi issued an RFP (2007 -01) for JOC contractors. This enabled the City of Corpus Christi to more effectively target local contractors, including minority /minority business enterprises and HUB contractors. It also avoided the pass- through fees associated with the TCPN. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412 2. Nuway International; Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 The first project to utilize the services of Alpha Building Corporation under the JOC format was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and CDBG - funded project which was approved by the City Council on April 10, 2007. As of January 2008, a combined total of 38 delivery orders (contracts) have been issued to Alpha Building Corporation and Nuway International totaling approximately $1,800,000. This Request for Proposals was competed for a three -year period to be renewed each year based on the successful performance of the contractors. To date the process has proven quite successful and staff anticipates continuing with the second year at its anniversary in April 2008. A similar contracting technique was approved by the City Council in September 2005 under the Texas Cooperative Partnering Network (TCPN): Fire Station No 13 and Kiwanis Softball Field Improvements (both Bond 2004 projects) were successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio, EXHIBIT "A" Pa•e 2 of'2 H:WOME\V$maP1GENPARKS & REC\3347 PARKER PARK POOL\AGENOA BACKGROUNO.00c PRIOR PROJECT ACTIONS SUBJECT: Parker Park Pool Renovations — BOND ISSUE 2004 (Project No. 3347) Prior Project Actions have included: PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No 026022). 3. December 13, 2005 — Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with Roots /Foster Associates Architects in the amount of $150,385 for a total restated fee of $158,710 for the Senior and Recreation Facilities Renovation (Bond 2004). (Motion No 2005 -410) 4 December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1. Auqust 26, 2004 - Distribution of Request for Qualifications (RFQ) No 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No 1 to the Request for Qualifications (RFQ) No 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13; 2005 - Addendum No 2 to the Request for Qualifications (RFQ) No 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local; and 105 non- local). 4. August 30, 2005 -- Administrative approval of a Small Contract for Professional Services with Roots /Foster Associates Architects in the amount of $8,325 for the Senior and Recreation Facilities Renovation (Bond 2004). 5. January 3, 2007 — Distribution of Request for Qualifications (RFQ) No 2007 -01 Job Order Contracting. 6, January 29, 2007— Distribution of Addendum No 1 to the Request for Qualifications (RFQ) No 2007 -01 Job Order Contracting. 7, July 28, 2007 Administrative approval of Amendment No 2 to the Contract for Professional Services with Roots /Foster Associates Architects in the amount of $0 for the Senior and Recreation Facilities Renovation (Bond 2004). EXHIBIT "A -1 Pa.e 1 of 1 H: \HOMEWeImap\GEMPARKS B REC\3347 PARKER PARK POOUPRIOR ACTIONS.doc LCE;I Fires 1 huirc For Farris Nil-. Angel i a.i liar. P.1... Director of 1 nw tlLerin .` er.icier C o 1`4r. Jerr■ Shoemaker City <?1 t orptis t:bristi Enu ineering Sen. ices 1271 leopard Sircet [ omits i hu.n. TN. =h401 or!PQRAT1ON Renovation & Construct ion FEBRUARY 5.20 We are pleased to present our proposal it Senior and ReereatiC nal Facilities Renovation (Project \o. 3275) Bond 2004 - PARKER POOL .1 "his proposal is based on the attached scope olttork. sketch. and R.N. ideals east proposal. I otai cost for this stork is: 567.720.0 ) Schedule for this vtoil : Alohili, ikon Within 10 d1t), of \.1 P. and Lotnpletign ttitlnn60 days of connilencelnent. 170 da) s total). Please { Se tontact inc at (361)-3334)29 should have atty questions regarding this matte' Sincerely Bill Millar Project 11anag r .Attachments: 1. Scope of Work Project Impact Report Schedule of Values -} Sketches SK 1 - Sk7 R.S. Means Cost Proposal' EXHIBIT "B Paae1'of2' Parker Pool Renovations Bond 2004 Project No. 3347 Description of Work Bond 2004 Facility Office Building Interiors • Bring the building to fully functional status with all client and staff electrical and plumbing ADA accessible amenities in place and operational. Bathhouse • All plumbing fixtures and fittings will be removed and replaced with ADA compliant and "GREEN" rated when possible. • All electrical receptacles, switches and fixtures will be removed and replaced with ADA compliant and "GREEN" rated when possible. • All interior surfaces shall be water blasted, rinsed and painted as required. Party Rental Area • Site preparation for the new pavilion and benches: • Miscellaneous sidewalk and decking improvements including ADA access. • Lighting and controls provided to code requirement and ADA accessible. • Tubular fence will be provided to better designate the party rental area. Equipment Building • Replace cedar roof with metal roofing system. Canopy • install free - standing manufactured shade structure from the front gate entry to the end of the office / control area. $8,251.00 $29,582.00 18,758.00 $6,092.00 $5,037.00 TOTAL COST $67,720.00 EXHIBIT "B" Pa e 2 of 2 \ Mproject \countilexhibits \exh3347. dwg PARKER POOL 1456 WALDRON RD. PROJECT No. 3347 LOCATION MAP NOT To SCALE EXHIBIT 'C" PARKER POOL RENOVATIONS @ PARKER PARK CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE :02/22 /2008 w- AGENDA MEMORANDUM DATE: March 11, 2008 SUBJECT: Bond Issue 2008 Preliminary Scoping and Estimating Contract Funding AGENDA ITEM: Ordinance appropriating $316,656.75 from the Citgo street closure and $602,576.51 from Texas Department of Transportation proceeds into the Street CIP Fund No 3530 for preliminary serving and estimating services of potential projects for the proposed Bond Issue 2008; changing the FY 2007 - 2008 Capital Budget adopted by Ordinance No 027546 by increasing appropriations by $919,233.26; and declaring an emergency. ISSUE: Due to the timely need of city staff to provide Council with a well thought out list of candidate street, public facility, park and recreational, and public safety projects, it is necessary to contract with outside consultants to prepare scope and cost estimates of potential projects to be considered for a future bond election. Without these preliminary reports, there would be insufficient information to determine the real cost of the proposed Bond program and would leave Council, Staff and the Public without adequate details to make informed decisions on the inclusion and priority of projects in a future bond election. Funds to award these contracts have been secured through proceeds from the sale of City street right -of -way and easements to Citgo Refining Company and from Texas Department of Transportation unused proceeds remaining from Advance Funding Agreements. RECOMMENDATION: Staff recommends approval of the Motion as presented. F4 4%) 69) Kevin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information N:WOMETLYNDAS \GEN\®ond 2008'ApprapnauonAgenelMAGENDA MEMO doe BACKGROUND INFORMATION SUBJECT: Bond Issue 2008 Preliminary Scoping and Estimating Contract Funding AGENDA DESCRIPTION: This agenda item authorizes and appropriates the funding mechanism necessary to award the required consultant contracts to begin scoping and estimating potential Bond Issue 2008 projects: Approval of this item will facilitate a critical preliminary step in the bond issue process. AGENDA BACKGROUND: On April 24, 2007, the prior City Council was presented with a proposal from Citgo Refining and Chemicals Company, L.P. to abandon and vacate the public street right -of -way in the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road, to better secure the Citgo property around the refineries and to restrict access in the area so as to better prevent unauthorized activities, including the dumping of trash, within the area A second request was made by Citgo for the abandonment and vacation of several utility easement associated with these street. In return for the City's consideration of their proposal, Citgo would pay the City a total of $316,656.75 for the street right -of -way and easement closures. The Ordinance subsequently passed first and second readings and on October 24, 2007, Citgo Refining and Chemicals Company issued a check to the City of Corpus Christi in the amount of $316,656.75 for the approved street and easement closures. Prior to the start of joint City of Corpus Christi and Texas Department of Transportation ( TxDOT) projects, it has been a requirement for the City to enter into an Advanced Funding Agreement with TxDOT and send the required funds to begin the stated project as per the Agreement. During the course of these projects, it is common for City Council to approve Amendments to the Advance Funding Agreements and deposit, additional escrow funds with TxDOT. Upon completion of the said project, an audit of costs is conducted and any City funds not necessary to complete the project are returned to the City of Corpus Christi. Unused escrow funds have been received for three joint projects and staff is seeking City Council approval to use these funds as "seed money" to being the 2008 Bond Issue process. The returned escrow funds are as follows: Project Amount Escrowed Amount Used Refund Spur 3 $ 7,161,896.70 $ 6,659,987.43 $ 501,909,27 SH 358 4,048,348.05 4,040,063.30 8,284.75 ADA Access. 1,283,478.23 1,191,095.74 92,382.49 (Alameda/Santa FeMieber) Total Refund: $602,576.51 EXHIBIT "A" Pa •e 1 oft NAFOMEILYNDAS\G Mepnd'20d8VAppropnellon AgendalBACKGRQUND:doe Funds placed in escrow for TxDOT projects are not anticipated to be refunded and refunds are not predictable in regards to amount or timing. Therefore, these refunds are not programmed in Capital Improvement Program Budgets. As such, staff is recommending these funds from TxDOT refunds and Citgo street right -of -way and easement purchases be used to award the NE contracts to begin scoping and estimating potential Bond Issue 2008 projects. EXHIBIT "A" Pa•e2of2 H WfMFlI YNOAF \GEN\8ond 20081Aoomonation Aaenda\8ACKGROUNO.d0c ORDINANCE APPROPRIATING $316,656.75 FROM THE CITGO STREET CLOSURE AND $602,576.51 FROM TEXAS DEPARTMENT OF TRANSPORTATION PROCEEDS INTO THE STREET CIP FUND NO 3530 FOR PRELIMINARY SCOPING AND ESTIMATING SERVICES OF POTENTIAL PROJECTS' FOR THE PROPOSED BOND ISSUE 2008; CHANGING THE FY 2007 2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO 027546 BY INCREASING APPROPRIATIONS BY $919,233.26, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $316,656.75 from the Citgo street closure and $602,576.51 from Texas Department of Transportation proceeds are appropriated into the Street CIP Fund No 3530 for preliminary scoping and estimating services of potential projects for the proposed Bond Issue 2008 SECTION 2. The FY 2007- 2008 Capital' Budget adopted by Ordinance No 027546 is changed by increasing appropriations by $919,233.26. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 11th of March, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 04- Mar -08 By: i+houw cr- Veronica Ocanas Assistant City Attorney for City Attorney 03.11- 08ORD.App4 Scoping FINAL'/ Henry Garrett Mayor Corpus Christi, Texas day of , 2008s 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: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote:. Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 03- 11:- 08 :ORD.App4 Scoping FINAL'! 10 AGENDA MEMORANDUM DATE. March 11, 2008 SUBJECT: Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects (Project No 6433) Goldston Engineering, Inc. (Project No 6434) RVE, Inc. (Project No 6435) HDR Shiner Moseley & Associates, Inc. (Project No. 6436) Freese and Nichols, Inc. AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $75,685, for a total restated fee not to exceed $124,185, for the Preliminary Scoping and Estimating Services for the proposed Bond Issue 2008 Street Projects. Motion authorizing the City Manager, or his designee, to execute Amendment No, 1 to the Contract For Professional Services with RVE, Inc. in the amount of $75,685, for a total restated fee not to exceed $124,185, for the Preliminary Scoping and Estimating Services for the proposed Bond Issue 2008 Street Projects. C. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with HDR Shiner Moseley & Associates, Inc. in the amount of $80,000, for a total restated fee not to exceed $125,000, for the Preliminary Scoping and Estimating Services for the proposed Bond Issue 2008 Street Projects. D. Motion authorizing the City Manager, or his designee, to execute Amendment No 1 to the Contract For Professional Services with Freese and Nichols, Inc. in the amount of $75,025, for a total restated fee not to exceed $125,000, for the Preliminary Soaping and Estimating Services for the proposedBond Issue 2008 Street Projects. ISSUE: The proposed project provides scoping and estimating services for City- identified street projects which could be considered in Bond Issue 2008. Request For Qualifications (RFQ) No 2007 -04 Scoping and Estimating Services for Prospective CIP and Bond Issue 2008 Projects was distributed on May 18, 2007 to 190 engineering firms (78 local and 112 non - local). The prospective street improvement projects include overlays, reconstruction and new construction with associated city utility improvements (water, wastewater, gas, and storm water), as well as other franchise utilities. Services include the following: • Scope — identify key elements necessary to define the scope and estimate through site investigation and existing city provided records. The proposed project is ready to begin; and is ready to be awarded, which requires City Council approval. AGENDA MEMO Pa•e1of2 mcoCTUnnlcflcl un otnCINACTPFV11Rdn3 PRFI IM BOND ISSUE 2008 GOLDSTON44MENDMENT NO. 1rAGENDAMIGENDA MEMO FUNDING : Funding is available from proceeds from the sale of City property to Citgo Refining and Chemical Company and from Texas Department of Transportation unused proceeds from Advance Funding Agreements. RECOMMENDATION: Staff recommends approval of the Motion as presented. Kevin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions AGENDA MEMO Pa • e 2 of'2 H8 U SER$21HOMENELMAPIGEMSTREETl8433 PRELIM BONO ISSUE 2008 . GOLDSTOMAMENOMENT NO. I GENDAAGENDA MEMO PRIOR PROJECT ACTIONS SUBJECT: Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects (Project No 6433) Goldston Engineering, Inc:; (Project No 6434) RVE, Inc:. (Project No 6435) HDR Shiner Moseley & Associates, Inc. (Project No. 6436) Freese and Nichols, Inc. PRIOR COUNCIL ACTION: 1. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 (Ordinance 027546). PRIOR ADMINISTRATIVE ACTION: 1. May 18, 2007 - Distribution of Request For Qualifications (RFQ) No 2007 -04 Scoping and Estimating Services Prospective GIP and Bond Issue 2008 Projects to 190 engineering firms (78 local and 112 non - local). 2. February 15, 2008 — Administrative approval of Small AIE Agreement for Architect/Engineer Consultant Services with Goldston Engineering, Inc. in the amount of $48,500 for Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects. 3. February 15, 2008 — Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with HDR- Shiner Moseley & Associates, Inc. in the amount of $45,000 for Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects. 4. February 15, 2008 — Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of $49,975 for Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects. 5. February 18, 2008 — Administrative approval of Small NE Agreement for Architect /Engineer Consultant Services with RVE, Inc. in the amount of $48,500 for Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects. ' Hi\ USERS2lH0ME \UELMAP\GEMSTREET10433 PRELIM BONG ISSUE 2008 GOLDSTOMAMENOMENT NO. 1 AGENDAIPRIOR: PROJECT ACTIONS BACKGROUND INFORMATION SUBJECT: Preliminary Scoping and Estimating Services for Bond Issue 2008 Street Projects (Project No 6433) Goldston Engineering, Inc: (Project No. 6434) RVE, Inc. (Project No 6435) HDR Shiner Moseley & Associates, Inc. (Project No. 6436) Freese and Nichols, Inc. PROJECT DESCRIPTION: The original small consultant contract to each of the four consultants was authorized for the consultants to begin site investigation: The proposed amendment with the initial contract will complete the preliminary scoping and estimating services for the proposed Bond Issue 2008 street projects to allow staff to provide recommendations and analysis on candidate street projects: The prospective street improvement projects include overlays, reconstruction and new construction with associated city water, wastewater, gas, and storm water, as well as other franchise utilities. Services include the following: • Scope - identify key elements necessary to define the scope and estimate through site investigation and existing city provided records. Provide detailed strip maps and bound reports for program prioritization and recommendations. STREETS TO BE CONSIDERED: The current list of streets and consultants are as follows: Goldston Engineering, Inc. • Leopard Street Rand Morgan to Tuloso Road (Phase 4) • Gollihar Road: Kostoryz Road to Weber Road, • Morgan Ave.: Crosstown Expressway (286) to Port Avenue • Navigation Blvd: Old Brownsville Road to Up River Road • Staples Street IH 37 to Six Points • Staples Street: • Staples Street: • 5. Alameda St : • Horne Road: • Kostoryz Road: • McBride Lane: • McBride Lane: RYE. Inc. • Debra Street: • Aquarius St • Hustlin' Hornet. • Everhart Road: • Corona Street : • Flynn Parkway: • Agnes Street: • Laredo Street: • Baldwin Road: • Port Avenue: Six Points to Everhart Road Williams Drive to Saratoga Boulevard Doddridge Street to Parade Street Ayers Street to Old Brownsville Road South Staples to Holly Road IH 37 to Leopard Street Leopard Street to Agnes Street Jamaica to Hustlin' Hornet Das Marinas to Commodores Laguna Shores to Waldron Road South Alameda to South Padre Island Dr. Everhart Road to Flynn Parkway South Padre Island Drive to Tiger Lane Crosstown Expressway (286) to Port Avenue Crosstown Expressway (286) to 21S` Street Crosstown Expressway (286) to Agnes Street Crosstown Expressway (286) to Morgan Avenue EXHIBIT "A" Pa •e 1 of6 1-11: IUSERSPNOMEIVELMAP \GEMSTREET6633 PRELIM BOND ISSUE 2008 GOLDSTONWMENOMENT NO 1'AGENOAAGENDA BACKGROUND HDR/Shiner Moseley & Associates • Flour Bluff Dr Glen Oak to South Padre Island Drive • Yorktown Blvd: Rodd Field Road to Flour Bluff Drive • Yorktown Blvd: Flour Bluff Drive to Waldron Road • Yorktown Blvd: Waldron Road to Laguna Shores Road • Rodd Field Rd: Saratoga Boulevard to Yorktown Road • Airline Road: Saratoga Boulevard to Rodd Field Road • Williams Drive: Staples Street to Rodd Field Road • Yorktown Blvd: Staples Street to Cimmaron Boulevard • Yorktown Blvd: Cimmaron Boulevard to Rodd Field Road • Purdue Road: Waldron Road to Flour Bluff Drive • Purdue Road: Hustlin' Hornet Drive Intersection Freese and Nichols, Inc. • Cimmaron Blvd: Grenoble (Bison) to Oso Parkway • Mc Ardle Road: Nile to Ennis Joslin • Holly Road: Crosstown Expressway (286) to Greenwood • Airline Road: Alameda to Williams Drive • Holly Road: Rodd Field Road to Cayo Del Oso • Brooks Road: Airline Road to C.R. 7b • Wooldridge Rd: Rodd Field Road to End of road on East • Bear Lane: Old Brownsville Road to North Padre Island Dr: • Poth Lane: I.H. 37 to Buddy Lawrence Drive • Buddy Lawrence Rd: I.H. 37 to Poth Lane • Old Brownsville Road: South Padre Island Drive to Saratoga SCOPING PHASE: It is the intent of the Conceptual Design Phase to provide scoping documents for the Bond Issue 2008 Street Projects, which includes conceptual designs, drawings, opinion of probable project cost, and a written conceptual description of project requirements. Exhibit A -1 to, Amendment No. 1 (Task List), identifies Conceptual Design Phase deliverable requirements. The Conceptual Design Phase includes the following tasks: A. Confer with City staff regarding the Preliminary Phase submittal items. The Engineer will participate in a maximum of two (2) additional formal meetings with City staff, provide agenda and purpose for each formal meeting, document and distribute meeting minutes and meeting report within seven (7) calendar days of the meeting. B. Review previously developed sketches, designs and /or engineering reports provided by the City. C. Review City provided infrastructure Iifecycle criteria and Master Plans. 1.) Evaluate existing street conditions based on field observation and City provided information. Hn ;sr As \HOMFlVEI. MAF,GEABSTREET6433 PRELIM BOND ISSUE 2008 GOLDSTONViMENDMENT NO. 1 AGENDAAGENDA BACKGROUND'. 2.) Evaluate existing utilities condition based on field observation and City provided information. 3.) Identify the number and general location of existing RTA bus stops for purposes of recommended concrete pavement improvements. 4.) Identify third party utility infrastructure that may require relocation based on field observation (above ground only) and City provided information. D. Prepare an Interim Strip Map with the following information: 1.) Proposed roadway improvements. • Limits • ROW • Cross- sections 2.) Proposed utility improvements. • Utility type • Utility location • Utility size 3.) Proposed accessibility features. • Sidewalk • Ramps • Crossing treatment • Signalization E. Prepare a Final Report with the following information: 1.) Executive Summary • Identify results of site field investigation including site findings and existing conditions. Include photographs of existing site conditions. • List of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s), • Identify drainage areas contributing to respective street segments, and the outfalls for the drainage infrastructure within the project area • Identify anticipated permit requirements. 2.) Drawings, Sketches and Exhibits • Location Maps (8 x 11" sheets) • Photograph Key Maps (11" x 17" sheets) • Photographs (8 W x 11" sheets) • Existing Condition Cross- sections (8 %" x 11" sheets) • Conceptual Repair Plan drawings (11" x 17" sheets) • Conceptual Repair Cross- sections (8 1/2" x 11" sheets) • Conceptual Utility Improvement Maps (11" x 17" sheets) 3) Preliminary opinion of probable construction costs for all improvements • Use City provided standardized unit rate schedules for street repair and utility costs. EXHIBIT "A" Pa e 3 of 6 H \ USERS2 \HOMEIVELMAPIGEMSTREE116433 PRELIM BOND ISSUE 2008 GOLDSTONI MENDMENT NO 1\AGENDA\AGENDA BACKGROUND. 4.) City provided checklist and spreadsheet DELIVERABLES: A. interim deliverable - Strip Map for City review and comment will include the following items: 1. Proposed roadway improvements a. Limits b. ROW c. Cross - sections 2. Proposed utility improvements a. Utility type b. Utility location c. Utility size 3. Proposed accessibility features a. Sidewalk b. Ramps c. Crossing treatment d. Signalization 4. Opinion of Probable Cost B. Final deliverable — The Final Deliverable shall consist of the following in the order shown below: 1. Final Strip Map 2. Final Report a. Project Cover Sheet b. Report Narrative 1.) Project Description • Location • Existing Conditions • Utility Assessment • Proposed Construction • Agency /Permit Coordination Requirements • Cost Opinion Assumptions • Land Acquisition • Other Project Elements 2.) Opinion of Probable Cost Summary 3,) Project Timetable c. Appendix A — Project Location 1.) Location Map (8 'A" x 11" sheet) d. Appendix B — Project Checklist and Spreadsheet EXHIBIT' "A" Paae4of6 RAI 4CK0s2IHfMENFI MAIIADEMSTREETI8433 PRELIM BONO ISSUE 2008 GOLOSTONIAMENDMENT NO 1 AGENOAWGENDA. BACKGROUND 1.) Completed City provided Checklist 2.) Completed City provided Spreadsheet e. Appendix C - Photographs 1.) Photograph Key Map(s) with Site Map (8'/2" x 11 " or 11" x 17" sheets) 2.) Photographs (8 %" x 11" sheets) f. Appendix D — Proposed Improvements Exhibits 1.) Conceptual Repair Plan drawings, including surface and storm water improvements (11" x 17" sheets) 2.) Existing Condition and Conceptual Repair Cross- sections (8' / "x 11" sheets) 3.) Conceptual Utility Improvement Maps, including water, wastewater, and gas utilities (11" x 17" sheets) g. Appendix E — Opinion of Probable Costs 1.) Summary Sheet 2.) Itemized List of Quantities and Unit Prices 3.) Relevant City provided Unit Price information h. Appendix F — Conceptual Drainage Calculations 1.) City provided drainage calculation data z.) Engineer's storm drainage calculations i. Appendix H -Bond Issue 2008 Streets Planning Summary 1.) One (1) page summary sheet • Program • Project Name • Project ID ▪ Sequence Number • Project Description (1 paragraph) • Opinion of Probable Cost Summary • Project Timetable 2.) Location Map PROJECT BACKGROUND: Request For Qualifications (RFQ) No. 2007 -04 Scoping and Estimating Services for Prospective CIP and Bond Issue 2008 Projects was distributed on May 18, 2007 to 190 engineering firms (78 local and 112 non-local). Nine firms responded to the RFQ are as follows: • Coym, Rehmet, Gutierrez Engineering • Dykema Architects • Freese and Nichols • Goldston Engineering • HDR Shiner Moseley & Associates • LNV Engineering • Naismith Engineering • RVE, Inc.. • Urban Engineering EXHIBIT "A" Pa •e 5 of 6 H1USERS211-1 OMEWELMAPIGENISTREET18433 PRELIM BOND ISSUE 2008 GOLDSTONIAMENDMENT NO. PAGENDAWGENDA BACKGROUND All nine firms were deemed competent and able to complete the project; however, as a result of the submittal reviews, the teams of Freese and Nichols, Goldston Engineering, HDR Shiner Moseley & Associates, and RVE, Inc. were selected as the most highly qualified teams for the street projects. The major factors contributing to the recommendation of the RFC) Panel were as follows: 1. Consultant's experience, Consultant's staff qualifications, and Sub-Consultant's experience during previous five years on similar projects; 2, Consultant's capacity and Sub-Consultant's capacity to perform the work on schedule in relation to their overall workload; and 3. Consultant's performance and Sub- Consultant's performance of current or similar projects. EXHIBIT "A" Pae6of6 H 1I ISERS2 VIOME\VELMAPIOEMSTREER6433 PRELIM BOND ISSUE 200$ GOLOSTONWMENDMENTNO. 1 AGENDAWGENDA BACKGROUND 11 AGENDA MEMORANDUM Date: March 11, 2008 SUBJECT: Corpus Christi Aquifer Storage and Recovery District AGENDA ITEM: A Resolution authorizing the City Manager or the City Manager's designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Aquifer Storage and Recovery Conservation District to provide for the delegation of duties between the City and the District, the use of City staff for District purposes and projects, the funding of District functions and projects and coordination of activities between the City and District for the management of groundwater and water stored in the aquifer pursuant to the District's purposes. ISSUE: In 2005, at the request of the City of Corpus Christi, the Legislature created the Corpus Christi Aquifer Storage and Recovery Conservation District. The purpose of the District is to assist the City of Corpus Christi provide water for its citizens and customers by storage fresh water in the aquifer that underlies the City and recovering the, water when it is needed. The statute governing the District requires the District to file a groundwater management plan related to assist in the planning for future conditions of water usable for the needs of the area and State, The proposed Interlocal Agreement provides for the use of City staff on District projects and purposes, provides for funding the projects with future reimbursement, when the District generates revenues, and coordinates the activities of the City and the District in the management of the, groundwater within the District boundaries and the water to be stored in the aquifer for the City. RECOMMENDATION: Staff recommends approval of • - resoluti• 'a- presented. usta o Gonzales Interim Director Wetly Department BACKGROUND INFORMATION Subject: Corpus Christi Aquifer Storage and Recovery Conservation District Senate Bill 1831 created the Corpus Christi Aquifer Storage and Recovery Conservation District in June, 2005. The Districts boundaries encompass the City limits, a portion of Kleberg County and a portion of San Patricio County, generally limited by the northern boundary of the metropolitan planning organization. The District was created as a groundwater district and is governed by Chapter 36 of the Texas Water Code. The primary purpose of the District is to develop and protect municipal aquifer storage areas created by the City. To accomplish this purpose, the District is empowered to require registration of all wells within the District boundaries, project and regulate the use of groundwater within the District, take other actions necessary to protect the groundwater and the water stored in the aquifer by the City. While the District has no authority to tax, the District may charge regulatory fees. The District must prepare and submit a groundwater management plan to the Texas Water Development Board and to the Texas Commission on Environmental Quality. The proposed Interlocaf Agreement provides for the City Manager or his designee serving as the general manager of the District. It provides for the use of City staff to accomplish the District's work and projects. It further provides that the City will fund the District's work and projects with reimbursement upon the District developing funding sources through permits and other regulatory fees. City staff is required to follow the normal City procedures when performing duties for the District. The City will prepare the initial groundwater management plan for the District. The City will include the District within its insurance plan. Prior Council Action: City Council, as authorized by the legislation, has appointed the board of the District. Future Council Action: Approval of the Resolution authorizing the Interlocal Cooperation Agreement. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT TO PROVIDE FOR THE DELEGATION OF DUTIES BETWEEN THE CITY AND THE DISTRICT, THE USE OF CITY STAFF FOR DISTRICT PURPOSES AND PROJECTS, THE FUNDING OF DISTRICT FUNCTIONS AND PROJECTS AND COORDINATION OF ACTIVITIES BETWEEN THE CITY AND DISTRICT FOR THE MANAGEMENT OF GROUNDWATER AND WATER STORED IN THE AQUIFER PURSUANT TO THE DISTRICT'S PURPOSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with Corpus Christ Aquifer Storage and Recovery Conservation District to provide for the delegation of duties between the City and the District, the use of City staff for District purposes and projects, the funding of District function and projects, and coordination of activities between the City and District for the management of groundwater and water stored in the aquifer pursuant to the District's purposes. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS T,Op FORM: February 29, 2008 Y lxt7 i - --- Gary. Smith Assistant City Attorney For the City Attorney Corpus Christi, Texas of 2008 The above resolution 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 .., ,l..e..A....nlnnmi.(`C AQAn Nnn Page 2 of °2f INTERLOCAL AGREEMENT FOR MANAGEMENT OF GROUNDWATER WITHIN THE BOUNDARIES OF THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City ") and the Corpus Christi Aquifer Storage and Recovery Conservation District ( "CCASRCD "). Recitals WHEREAS, CCASRCD was established by the Texas Legislature, as an independent political subdivision of the State of Texas, with its own authority and duties established by State law, to develop and protect municipal aquifer storage areas created by the City of Corpus Christi, WHEREAS, the City appoints the CCASRCD's board of directors, WHEREAS, CCASRCD does not have the authority to tax, issue bonds, or use the power of eminent domain, but does have the authority to raise revenue through permit fees and fees for service, WHEREAS, the activities of the CCASRCD are intended to support the City's potable water storage and distribution system, the activities of the CCASRCD need to be closely coordinated between the two entities, and WHEREAS, the purpose of this Agreement is to clarify the roles of the City and CCASRCD relating to the development and protection of municipal aquifer storage areas created by the City of Corpus Christi, NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties "), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Scope of Services. a, The City will perform the following services for CCASRCD: (1) Authorize City employees to serve as directors of the CCASRCD, without compensation from CCASRCD. (2) Allow the City Manager, or the City Manager's designee, to serve as the General Manager of the CCASRCD, without compensation from CCASRCD. (3) Allow the Assistant City Manager to designate other City employees to perform services for the CCASRCD, without compensation from CCASRCD. CCASRCD INTERLOCAL AGREEMENT.doc (4) As the agent of the CCASRCD, solicit, negotiate, and contract with consultants to assist with CCASRCD functions. (a) The City employees involved shall follow normal City procurement policies. (b) The Assistant City Manager, as CCASRCD General Manager, is authorized to execute contracts for consulting services that do not exceed the limit at which competitive bids are required under the Texas Local Govemment Code, as amended (which will be referred to in this Agreement as the "procurement limit "), without the approval of the CCASRCD Board of Directors. (c) Contracts for consulting services over the procurement limit must be approved by the CCASRCD Board of Directors before it is executed. (d) The City shall reimburse the CCASRCD for the costs of any contracts for consulting services. (e) Before any contract for consulting services that will involve an expenditure over the procurement limit is executed, the CCASRCD shall obtain the concurrence of the City Council. (5) All City employees acting as agents for the CCASRCD shall comply with both the City's and CCASRCD's codes of ethics. Acting for both the CCASRCD and City in the same or related matter is not considered a conflict of interest under either code of ethics: (6) Authorize City employees to travel on CCASRCD business, and reimburse the City employees for any travel expenses under applicable City travel policies and procedures. (7) Maintain the financial records of the CCASRCD. The records must be maintained as separate funds, and shall be maintained under applicable City policies and procedures as applied to other City funds. (8) Invest any CCASRCD funds. The CCASRCD funds must be invested under applicable City policies and procedures in the same manner as the City invest its own funds. (9) Maintain and manage the records of and information acquired by the CCASRCD. (a) The CCASRCD's Records Management Program and Records Retention Schedule are modeled on the City's Records Management Program and Records Retention Schedule. CCASRCD INTERLOCAL AGREE MENTdoc (b) The CCASRCD General Manager is the CCASRCD Records Management Officer. The City Secretary will assist the CCASRCD Records Management Officer. (c) The CCASRCD board designates the City Secretary, or his/her designee, as the Public Information Coordinator to satisfy the training requirement of Texas Government Code, Section 552.012. (10) As agent for the CCASRCD, build, acquire, or obtain property and install improvements and facilities. (a) The City shall reimburse the CCASRCD for 100% of the costs incurred to acquire or obtain property and to install or construct improvements and facilities. (b) Before any property is acquired, capital improvements made, or facilities constructed or installed, which costs more than procurement, limit, the CCASRCD shall obtain the concurrence of the City Council, (11) Develop groundwater management plans, including: (a) Regional comprehensive management plan with other groundwater and surface water management entities and (b) CCASRCD management plan. (12) Provide insurance coverage within the City's insurance plan for CCARSCD, its officers and City staff performing duties for CCARSCD. b. The CCASRCD will perform the following services for the City: (1) Adopt rules relating to the following, if necessary to protect the City's aquifer storage and recovery wells and system, before the wells and system are placed into operation: (a) Limits on groundwater production, (b) Spacing of wells, (c) Conservation, preservation, protection, and recharge of groundwater, (d) Subsidence control, (e) Prevention of degradation of water quality, and (f) Prevention of waste of groundwater. (2) Enforce the CCASRCD rules by injunction, civil penalties, and other remedies. CCASRCD INTERLOCALAGREEMENT.doc 3 (3) Build, acquire, or obtain property and install improvements and facilities. (4) Purchase, sell, transport, and distribute surface water and groundwater, in consultation with the City. All contracts for the purchase, sale, transport, or distribution of surface or groundwater must be approved the City's City Council before it is executed, (5) Conduct surveys of groundwater. (6) Conduct research. (7) Require submission of accurate well driller logs for wells within the CCASRCD boundaries. (8) Require permits for drilling, equipping, operating, completing, or substantially altering wells and well pumps within the CCASRCD boundaries. (9) Regulate well spacing and production. (10) Require the closing or capping of open and uncovered wells. (11) Regulate the transfer of groundwater outside CCASRCD. (12) Adopt appropriate permit fees and fees for service to provide revenue for CCASRD activities. (13) Provide reimbursement to the City for expenses incurred under this Agreement, when sufficient revenue exists in CCASRCD accounts for such reimbursement. 2. Budgets. a. CCASRCD shall prepare and submit to the City's budget office a budget for its activities that includes projections of expenditures that the City is required to reimburse during the City's next fiscal year. b. The City Council shall review and approve the portion of the CCASRCD budget that is funded by the City, as part of its approval of the City budget. o. The expenditure for any items that are specifically identified in the CCASRCD budget that was approved by the City Council is considered to have been approved by the City Council. d. Amendments to the budget may be made during a fiscal year with the approval of the City Council. 3. Other Agreements, Supplementary Agreements and Protocols. The Parties are encouraged to enter into additional agreements and protocols as convenient or necessary. CCASRCD INTERLOCAL AGREEMENT.doc 4. Implementation. The City Manager and CCASRCD General Manager are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties of its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list;, of contact information for each Party. 8. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 9. Expending Funds. Each Party, which performs services under this Agreement, will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed, by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the, end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this, Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. CCASRCD INTERLOCALAGREEMENTdoc 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are ``local governments" as that term is defined in the Interlocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. City policies and procedures to control. In activities conducted or performed by City staff under the terms of this Agreement, City staff shall conform to applicable City policies and procedures, as though the staff member was performing a City task or duty. 19. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 20. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 21. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner: Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 22. Notices. a. Notices under this agreement may be delivered by mail as follows: CCASRCQ INTERLOCAL AGREEMENT.doc 6 City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CCASRCD: Corpus Christi Aquifer Storage and Recovery Conservation District Attn: General Manager P.O. Box 9277 Corpus Christi, Texas 78469 -927 b. The parties to this agreement may specify to the other party in, writing another address for notice. 23. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 24. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 25. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT By: Oscar Martinez, President Fred Segundo, Secretary ATTEST: Date: 2- 3 • o 7 Date: .3— CCASRCD:INTERLOCALAGREEMENT:doc 7 CITY OF CORPUS CHRISTI ATTEST Armando Chapa City Secretary APPROVED AS TO FORM: This a9+9 day of Thitnethaf, 2008 G N .Smith. Assistant City Attorney For City Attorney CCASRCD INTERLOCALAGREEMENT.doc. By: George K. Noe City Manager PARTICIPATION NOTICE I hereby notify the Parties that Corpus Christi Aquifer Storage and Recovery Conservation District has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Fred Segun Secretary CCASRCD INTERLDCAL AOREEMENT.dac -3-3 -off Date 9 PARTICIPATION NOTICE 1 hereby notify the Parties that the City of Corpus Christi has approved participation in the Interlocal Agreement for Management of Groundwater within the Boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Armando Chapa Date City Secretary CCASRCD INTERLOCALAGREEMENT.doc 10 12 AGENDA MEMORANDUM PUBLIC HEARING TEXT AMENDMENT (City Council Action Date: February 26, 2008 Second Reading March 11, 2008) a) Public hearing and First Reading Ordinance to consider amending Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development" to provide for regulations for zero lot line residential developments; providing a repealer clause providing a penalty clause; providing for publication; and providing for an effective date. Planning Commission and Staff's Recommendation (January 23, 2008) :` Approve the text amendment to Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Line Residential Development." Requested City Council Action: Approve the text amendment to Article 24 "Height, Area and Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24 -1 and by adopting new Section 24 -2 "Zero Lot Line Residential Development." Previous City Council Action: On February 26, 2008, City Council recommended a change to the zero lot line zoning text amendment during the first reading of the ordinance. Such change would require the placement of roof rain gutters along the roof line utilizing the zero lot line boundary/easement area. Summary: Currently, Zoning Ordinance Section 24 -1, Note 1 permits zero lot line development in all zoning districts that permit residential development. Note 1 states: "One side yard may be 0' provided the other side is 10', for new subdivisions of 5 or more lots contiguously developed at the same time by one developer." The proposed Section 24 -2 of the Zoning Ordinance will include additional guidelines to enhance zero lot development. The proposed text will do the following: • Specify the zoning districts in which zero lot line residential development is permitted. Currently Note 1 is identified in the "Height, Area, and Bulk Requirements" table in Section 24 -1 under the "Minimum Side and Rear Yards in Feet' table: Therefore it is implied that zero lot line development can be used in all zoning district that permit residential development. The proposed Section 24 -2 will list each of the districts so it is clear in which ones zero lot line development will be permitted. • Provide permitted land uses and accessory uses and structure& In addition to the single- family residential structure, the ordinance also lists those structures that will be permitted, such as fencing, walls, trellises, and other similar structures that can be used as connecting elements between one- family dwellings on adjacent lots. Garages, carports and utility storage structures shall be permitted accessory uses. Text Amendment: Sec. 24 -2 "Zero Lot Line Development" Page 2 • Development parameters. The ordinance proposes two types development parameters for zero lot line development, based on a suburban style community versus an urban style community. The urban style type allows for development on a smaller lot size and width, reduced 10 foot front yard setback for 50% of the lot, and specific setbacks for accessory structures. • Specify maintenance easements. A perpetual five -foot wall- maintenance easement is proposed that will be located on the lot adjacent to the zero lot line property Tine, which, with the exception of walls and/or fences, shall' be kept clear of structures. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty -four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. • Maximum lot coverage permitted. The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. is Specify platting requirements. Each dwelling shall be located on its own individual platted lot. The plat will be required to indicate the zero lot lines and easements. • Building heights. The maximum building height shall not exceed two (2) stories and thirty-five (35) feet in height. • Integration of interior /exterior areas through the use of penetrable openings. There will be a minimum amount of penetrable openings required based on a ratio multiplied by the interior square footage. • Openings prohibited on the zero lot line side, except as provided herein, and permitted by the applicable building code and fire code requirements. A list of items that will not be permitted on the zero lot line side is included in the ordinance. The list includes windows, doors, and air conditioning units. • Different development criteria for urban versus suburban style communities. Urban style communities will have additional requirements for zero lot line development, such as minimum landscaping, sidewalks on both sides of all streets, and minimum number of elevations. • Site plan review criteria. Includes items such as required exhibits, floor plans, and elevations of all typical units and any other structures. • Establish site plan review requirements and submission standards. Includes items such as planning studies, block length, landscaping, buffers, energy conservation, graphics, visual access, private open space, trash containers, visual screening for decorative walls, and metal picket fences. • Allow for the continuation of existing, lawfully established, zero lot line development as nonconforming uses and /or structures. Sincerely, firrE Bob Nix, AICP Assistant City Manager of Development Services BN/FGM/sm Text Amendment: Sec. 24.2 "Zero Lot Line Development" Page 3 Attachments: 1) Planning Commission Minutes (1/23/2008) 2) Revised Ordinance H:\PLN -DIR\ SHARED \GAIL \WORD \TextAmendment\2008 text amendments\Zero Lot Memo.doc ine\Zero Lot Line Agenda MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 23, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Atilano J. Huerta James Skrobarczyk John C. Tamez Johnny R. Martinez loon J. Kelly David Loeb ABSCENCES: Govind Nadkarni STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim` Assistant Director of Development Services/Planning Miguel S. Saldatia, AICP, Senior City Planner Mw Raasch, AICP, City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Gary Smith, Assistant City Attorney Yvette Aguilar, Attorney I' Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habth un interprete de espanol a ingles en la junta para ayudarle T. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. VI. PUBLIC HEARING -: Amending Article 24 of the City of Corpus Christi Zoning Ordinance regarding Section 24 -1 "Height, Area, and Bulk Requirements" and adopting a new Section 24 -2 "Zero Lot Line Residential Development." Mr. Bob Nix, Assistant City Manager of Development Services, stated the purpose of this ordinance is to correct some issues within zero lot line development. There are problems between coordination of the building code and the zero lot line code that staff is trying to resolve. Mr. Nix stated that in the building code a one line sentence allows the construction of zero lot lines in single - family developments. A special circumstance to zero lot line developments is that one side of the house is actually adjacent to the interior lot line dividing that lot from the lot next door. This can create issues where roof overhangs may be over the adjacent lot, storm water runoff from the roof into the adjacent lot and if the owner of that home needs to fix his roof or paint his house, he has to get permission of the adjacent property owner to do that. Mr Nix stated this amendment is intended to add some of those provisions into the code. Public hearing was opened. Mr. Fred Braselton, 5337 Yorktown, came forward stating that portions of the amendment sound like a PUD to him and he is concerned that we don't have big builders that come in and do 50, 80 or 200 units at a time Mr. Braselton stated he does not feel that this is the place for some of items to be included. Public: hearing was closed. Planning Commission Minutes January 23, 2008 Page 2 Motion for approval was made by Commissioner Loeb and seconded by Commissioner Kelly. In response to Commissioner Huerta, Mr. Nix stated the amendment to the street yard requirement from 10 feet to 15 feet applies to the urban scale. Mr. Nix stated the 15 feet provides the ability to ensure clear vision down the street and that it is compatible with other styles of development in the area. Commissioner Skrobarezyk questioned what was actually being voted on and Commissioner Tamez stated he is confused on some of the issues, also, and does not feel confident in voting on it today. Commissioner Tamez stated he'd like to see the item tabled to the February 20, 2008, Planning Commission meeting. Commissioner Loeb amended his motion to include a 15 foot setback as opposed to the current 10 foot setback. Vice - Chairman Garza stated it is his impression that the city is attempting to clarify the way the city does business in terms of zero lot lines and stated he supports the motion as long as it is clear that the 10 foot setback remains for areas of redevelopment. Motion on the floor passed with Commissioners Tamez and Skrobarczyk voting in opposition and Commissioner Nadkarni being absent. H 1PLN- DIR\SHARED \WORD\PLANNINO COMMISSIO MUTES12OOS\MINUTES -ZERO LOT LINE 1- 23- OS.DOC x :t S' Page 1 of 15 AN ORDINANCE AMENDING ARTICLE 24 "HEIGHT, AREA AND BULK REQUIREMENTS" OF THE "CORPUS CHRISTI ZONING ORDINANCE" BY REPEALING NOTE 1 FROM SECTION 24 -1 AND BY ADOPTING NEW SECTION 24 -2 "ZERO LOT LINE RESIDENTIAL DEVELOPMENT" TO PROVIDE REGULATIONS FOR ZERO LOT LINE RESIDENTIAL DEVELOPMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, new land development includes the use of zero lot line residential development to provide for a more efficient use of land; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 23, 2008, during a meeting of the Planning Commission, and on Tuesday, February 26, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi Zoning Ordinance," is amended by deleting the stricken words: "Section 24 -1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other height, area and bulk requirements contained in Article 27, appropriate zoning districts and other such articles contained in this ordnance. Note 21: In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Note 32: Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B -6.03 are complied with. HALEG- DIR\S hared \Gas S agenda\2oo8\z.261ORD- zemlotl neo8o211.1 amended.doc Page '2 of 15 Note 43: Lot 11 (4,942.77 square feet) and Lot 27 (4988.27 square feet), Block 1, La Concha Estates, platted before annexation proceedings began, are grandfathered for 1 family dwelling pursuant to §§ 43.002 and 245.002 TX. Loc. Gov. Code. Abbreviations: Dwls - dwellings; 3+ - 3 or mores fam.— family or families; a dash (- -) indicates no applicable regulations." SECTION 2. That Article 24 "Height, Area and Bulk Requirements," of "Corpus Christi: Zoning Ordinance," is amended by adding a new Section 24 -2 entitled "Zero lot line residential development" to read as follows; "Section 24 -2 Zero Lot Line Residential Development. 24 -2.01 Legislative purposes. The principal purposes of the zero lot line concept are: (a) The more efficient use of land, as compared with the typical single - family development, making available needed housing at a more affordable cost. (b) The design of dwellings that integrate and relate internal- external living areas resulting m more pleasant and enjoyable living facilities. (c) By placing the dwelling against one (1) of the property lines, permitting the outdoor space to be grouped and utilized to its maximum benefit. 24 -2.02 Districts in which permitted. A zero lot line development, with a maximum gross density that does not exceed the limitations of Section 24 -1 for the zoning district in which the zero lot line development occurs, may be pernntted in the RE, RA, R -1A, R -1B, R -1C, R -2, A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2A, and B -2 Zoning' Districts following approval of a subdivision plat and development site plan by the Planning Commission after a public hearing. The Planning Commission public hearing shall be scheduled following approval of the site plan(s) and subdivision application(s) by the Department of Development Services. The review shall involve other city departments for compliance with all relevant city codes and standards and this article. No building permit for such development shall be issued until the subdivision plat is recorded. Where the regulations included herein conflict with regulations . included in the individual districts or other sections of this zoning ordinance, the regulations for zero lot line development in this section shall apply. If this section is silent <regarding a requirement found elsewhere in this ordinance: applicable to a proposed development, the more restrictive requirement shall apply. 24 -2.03 Land Uses and Structures Permitted. Detached one - family dwellings on individually platted lots, including those customary accessory uses not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar structures can be used as connecting elements between one- family dwellings on adjacent lots subject to site plan review and H:\ LEG -DIR\ Shared \GaeyS\ agenda\ 2008 \2.26\ORD- Zerolotline080211.1 amended.dac Page 3 of 15 building code/fire code compliance. Garages, carports and utility storage structures shall be permitted accessory uses. However, said structures shall not be used as connecting elements, and their spacing from principal structures shall not be inconsistent with any applicable building or fire code requirements for the type of construction and occupancy proposed in each case. 24 -2.04 Development parameters. All applications for a zero lot line development shall comply with the following' applicable development parameters: 24- 2.04.01 Development Type A, Suburban Style Community: (1) Minimum lot sizes and widths. Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which the zero lot line development is proposed. (2) Dwelling Unit Setback. a Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing; of ten (10) feet shall be provided from the residence on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front Yard Setback. All structures shall be setback from the front property Line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. c. Rear Yard Setback, All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning: district in which the proposed development is Located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to five feet from any property line, but not in any easement. d. Side Street Setback The minimum side street setback shall be the same as the zoning district in which the zero lot line development is proposed or fifteen (15) feet from the side street property line, whichever is greater. H:\I:EG- Dll2\SharechGaryS) agenda \2008\2- 26 \oRD- 2erolotline08021 l . tamended, doe (3) Page of 15 e. Accessory Buildings and Structures. Accessory buildings and structures shall be permitted in accordance with the zoning district regulations in which the zero lot line development is located, except that any more restrictive requirements herein shall apply. No accessory building shall be placed closer than five feet from the nearest point of a building on an adjacent lot, and no closer than four (4) feet from the nearest point of the roof overhang from the building on an adjacent lot. No accessory fire pit, bar-b-que pit or structure intended for such purposes may be located closer than six feet from any part of any building. Accessory structures other than buildings, fire pits and bar-b -que pits may be closer than five feet from a building on an adjacent lot, but not within any platted easement, except as otherwise provided herein, Applicability of Zoning District Regulations, Comprehensive Plan, and Land Development Code. All zero lot line developments shall be required to comply with this section and all other requirements of the zoning district regulations, platting ordinance, comprehensive plan, and land development code, as they may be amended from time to time. References to the land development code shall mean and include all land development ordinances and regulations. In the event of a conflict between those requirements and this section, the requirements of this section shall prevail. (4) Accessory buildings and structures shall comply with the following minimum setback requirements, TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35° Rear 5' Interior sides 5" Side Street ten (1 0) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20' H:\ LEG- DIR\Shared\GarySta geode \2008\2- 26 \ORD- Zerolotline0802 t t , I amended.doc Page 5of15 Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or less: Front 35' Rear 5' Side(s) 5' (5) Rain guttering required. Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining vropertv shall be constructed and maintained with rain guttering that prevents rain water run -off onto the adjoining property. 24-2.04.02 Development Type B, Urban Scale Community: (1) Minimum lot sizes and widths. Calculation of lot size shall not include any credit for streets, recreation areas, common open space, water bodies, or public or private roads. The minimum net lot size shall be four thousand (4,000) square feet. For each lot that is less than four thousand five hundred (4,500) square feet, there shall be two lots of four thousand five hundred (4,500) square feet or greater in size. The minimum lot width shall be forty (40) feet. (2) Dwelling unit setback. a Interior side yard. The dwelling unit or a portion thereof shall be placed on one (1) interior side property line with a zero (0) setback and the dwelling unit setback on the other interior side property line shall be a minimum of (10) feet excluding the connecting elements such as fences, walls and trellises. It is provided, however, that units are not required to be placed on the zero lot line property line when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event a minimum spacing of ten (10) feet shall be provided from the residence on the adjacent zero lot Line lot. Patios, pools, garden features and other similar elements shall be permitted within the ten -foot setback area; provided, however, no structure, with the exception of fences or walls shall be placed within easements required by Subsection (K). b. Front setback All dwelling structures shall be set back a minimum of twenty (20) feet from the front property line for a minimum of fifty (50) percent of the width of the lot and shall be H:\l:$G -DIR\ Shared \frarySS agenda\ 2008\ 2- 26 \ORD- Zerolotline080211. 1amended.doc (3) Page 6ofl5 set back a minimum of ten (10) feet along the remaining width of the lot. Rear setback. The minimum rear spacing between dwelling units shall be thirty (30) feet between two (2) story units or between a one (1) story and a two (2) story unit. The minimum rear spacing between one (1) story units shall be twenty (20) feet. d, Side street setback. The, dwelling setback shall be a minimum of fifteen (15) feet from the side street property line. Accessary buildings and structures shall comply with the following setback requirements. TABLE INSET, ACCESSORY BUILDINGS AND STRUCTURES SETBACKS: Pool, spa, gazebo and shed setbacks: Front 35' Rear 5' Interior sides 5° Side Street ten (10) percent of lot width but not less than fifteen (15) feet Spacing from house for pools or spas 2, Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20 °' Rear 5' Interior side 4' ZLL side 0' Side Street 10' Accessory structures of four (4) feet high or less: Front 35' Rear 5' Side(s) 5' H \ LEG -DIR \Shared \CmryS\agenda\2e08\2 26\ORD•Zemlofineo$0211. lamended.doc: Page 7 of 15 (4) Alleys. Alleys shall be permitted in zero lot line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services, Alleys shall not be used as storage or parking areas. Individual driveway access to lots within zero lot line developments from the adjacent front or side streets shall be prohibited. (5) Street frontage: Each lot shall have a clear, direct frontage on public streets or to accessways complying with private street requirements. (6) Maximum lot coverage permitted The total lot coverage permitted for all buildings on the site shall not exceed fifty (50) percent of the lot area. Platting requirements. Each dwelling shall be located on its own individual platted lot If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided in Subsection (14) of this Section. The plat shall indicate the zero lot lines and easements appurtenant thereto. (7) (8) Building heights. (9) The maximum building height shall not exceed two (2) stories and thirty- five (35) feet in height. Integration of interior/exterior areas through the use of penetrable openings. The minimum amount of penetrable opening shall be determined by multiplying 0.018 tunes the interior floor area, excluding garages, up to a maximum of one thousand (1,000) square feet on the, ground floor of a dwelling; unit. Said penetrable openings shall be provided to exterior patio court areas and shall be totally visual and physically passable. The amount of penetrable opening for units between one thousand (1,000) square feet and fifteen hundred (1,500) square feet shall be calculated on a basis of 0.014 times the square feet of interior floor area on the ground floor. No additional penetrable opening shall be required when the ground floor square footage, excluding garage, exceeds fifteen hundred (1,500) square feet. In all cases, the final linear dimension of said openings shall be calculated to the nearest even foot. HALEG -DIR Shared\GaryS agenda 200812-26 \ORD-Zerolotline080211.1amended.doc Page 8of15 (10) Openings prohibited on the zero lot line side, except as provided herein, and permitted by the applicable building code and fire code requirements. The wall of the dwelling unit located on the lot line shall have no windows, doors, air - conditioning units, or any other type of openings except for the following: a. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall of at least eight (8) feet in height is provided on the zero lot line Said wall shall be constructed of the same material as exterior walls of the unit. b. Windows shall not be permitted on the zero lot line. c. Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least ten (10) feet from the property line: d. Windows shall be permitted on a building wall on the side of the building adjacent to the interior yard opposite the zero lot line side of the building. (11) Maintenance and drainage easements. A perpetual five -foot wall- maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected Iot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty -four (24) inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area Building footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. Resem'ed -Rain guttering required, Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining property shall be constructed and maintained with rain guttering that prevents rain water run -off onto the adjoining propertv- (13) Trees and shrubs. Trees, as defined within the Landscaping Code shall be provided on the basis of four (4) trees for each platted lot, In addition, street shade trees shall be provided along each side of the roadway(s) at a minimum spacing of thirty (30) feet on center for private roads. In case of developments with public roads, the trees may be placed on private lots in lieu of the public right -of -way, provided the thirty -foot spacing and (12) H \ LEG- UAt\,Shared \CruyS\agenda12008 \2.26 \ORD- Zerolotlineo80211:.1amended.doc Page 9 of 15 the rowing of trees are maintained. This shall be in addition to the four (4) trees required for each platted lot, Existing trees, excluding scientifically or legally designated as nuisance or exotic species, shall be preserved to the maximum extent practical and shall count towards meeting the total tree requirements. Nuisance species shall be removed from the development site A minimum of twenty (20) shrubs of a minimum height of eighteen (18) inches shall be planted in the front yard of each dwelling unit Where double frontage lots are proposed, a minimum five - foot landscape buffer is required along the rear lot line, (14) Common open space and maintenance of facilities. Public open space, parks, and recreational areas are, required pursuant to the provisions of the Land Development Code. Additional common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the staff, for developments of 6 dwelling units per acre net density, and to the Planning Commission for developments of greater net density, shall be made to assure that nonpublic areas and facilities for the common use of occupants of zero lot line development shall be maintained in a satisfactory manner, without expense to the general taxpayers of the City of Corpus Christi. Such provisions may be created by the incorporation of an automatic membership home owners association for the purpose of continually holding title to such nonpublic areas and facilities, and levying assessments against each lot, whether improved or not, for the purpose of paying the taxes and maintaining such common open space as may be provided in the development. Other methods may be acceptable if the proposed alternate methods positively provide for the proper and continuous payment of taxes and maintenance without expense to the general taxpayers. The instrument incorporating such provisions shall be approved by the City Attorney, as to form and legal sufficiency, before submission to either the Planning Comnssion or the City Council (whichever comes first), and shall be recorded in the public records of the county in which the property is located, if satisfactory to the City Council. (15) Fence/walls requirements. Fences and/or walls, with an overall height of six (6) feet, shall be provided on all side and rear property lines that are located behind the front building line and where said walls and/or fences are needed, as determined by site plan review, to visually screen patio /or deck areas from nearby units, or from public or private roadways. Chain link fencing shall be permitted only when shrubbery is planted with, and along, the fencing; shrubbery shall be provided at a maximum spacing of thirty (30) inches on center with an overall height of twenty-four (24) inches at time of planting. Species selected shall be of a variety that grows to a minimum overall height of six (6) feet. Planting shall be installed and maintained on both sides of a chain lime fence where said fence is placed on a property line that divides individual zero lot line lots. HALED -DIR\ Shared\ Garys\ agenda12008 \2- 26 \ORD- Zerrolotline080211.1 amended.doc Page 10 of 15 Fences and/or walls are not required on property lines which abut a lake, canal, or golf course and other similar areas. (16) Storage area. Forty (40) square feet of storage area per unit with outdoor access shall be provided when a garage is not provided. (17) Minimum number of elevations. Projects with fifty (50) or fewer units shall have a minimum of three (3) different elevations. Projects with more than fifty (50) units shall have a minimum of five (5) different elevations. Typical building elevations shall be submitted to the City for documentation in the site plan review process. Building plans and actual construction shall conform to the typical elevations submitted to the City, and shall provide at least the required number of minimum elevations on the site in equal minimum percentages. Additional elevations shall count toward one or more of the minimum required percentages, and shall not be subject to a new or additional minimum requirement, but shall be counted on a one for one basis (one new additional elevation can be used toward up to one -half of one minimum required elevation, or can be allocated an equal percentage of total elevations, etc.). (18) Sidewalks. Sidewalks shall be required on both sides of all streets. All sidewalks shall comply with the most restrictive of federal, state, or local standards implementing the Americans with Disabilities Act (ADA). (19) Site plan review. a. Purpose. The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. Required exhibits. The following exhibits shall be prepared by design professionals, such as architects, engineers, and landscape architects, and submitted to the Department of Development Services: 1. A location map indicating existing zoning on the site and adjacent areas. 2. Site plan at no less than one (1) inch equals one hundred (100) feet, including the following information: H:V:EG.DiR\ Shared \oaryS \agenda\ 2008\ 2- 26\ ORD- Zerolothneo8o211.tamended.doc: Page 11 of 15 A. Lot lines and setbacks. B. Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features. C. Landscaping in accordance with this Code. D. Recreation facilities (if applicable). E. Stages or phases of development, if any R. Location of off- street parking. G. Location of on -street parking, if any H. Indication of exterior graphics. I. Indication of design methods used to conserve energy. 3. Floor plans, and elevations of all typical, units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio /court areas shall be indicated for each typical. unit. 4. Information indicating the following: A. Gross and net acreage. B. Lot sizes (dimensions and square footage). C. Building heights and stories. D. Building coverage for each lot. E. Amount of common open space in square feet (if applicable). F. Total trees provided and total trees required in accordance with this Code. G. Parking required and provided including the amount and location of on -street parking, if any, that is proposed to meet minimum parking requirements. H. Such other architectural and engineering data as may be required by the, City staff to evaluate the project. The Department of' Development Services may from time to time publish submission requirements for Zero Lot Line development applications: The submission requirements shall reasonably relate to information that the staff finds is needed to determine compliance with applicable laws, codes, and such policies and standards as may be adopted by the City Council. (20) Plan review standards. The following criteria shall be utilized in the plan review process: a. Planning studies. Planning studies and policies approved by the City Council that include development patterns or environmental and other design criteria shall be utilized in the plan review process. HAtiEG- Dnt55hared\GaryS\agends12008\2 241QRp- Zerolotline080211.1amended.doc. Page 12 of 15 Definition of outdoor living spaces. The zero lot line unit shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas. Block length. Visual monotony created by excessive block lengths shall be avoided. 1. Block lengths in new subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed 320 feet. Midblock pedestrian and vehicular access to alleys and through blocks shall be permitted, such accessways shall not exceed 40 feet in total width. 2. In existing subdivisions being replatted to create a subdivision pursuant to these standards, it is recognized that block lengths and widths may need to correspond to the existing public street system. In replats of existing subdivisions where streets are already built, longer and wider blocks may be permitted. However in such replats when the standards of this section limiting maximum block length and width can be met, these standards shall be met. When the existing street and infrastructure prevent meeting the block length and width maximum standards in this section, mid -block vehicular and pedestrian, or pedestrian and bicycle, or pedestrian connections shall be required with the intent of maximizing the opportunities for vehicular and pedestrian access on a grid system. In addition, alleyway connections to streets in such replats shall meet the standards of the Land Development Code for separation from other such connections, driveways, and street intersections. d. Landscape. Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses from one another and ameliorate the impact of noise. e, Buffers. Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided. f. Energy conservation. Design methods to reduce energy consumption are encouraged. At least two of the following energy conservation methods shall be used: natural ventilation of structures and enhanced attic temperature control; site subdivision and orientation of structures in relation to prevailing breezes and sun angles; insulation of structures including but not limited to the use of insulating glass; and use of landscape materials for shade, transpiration, enhancing' the cooling effects of summer breezes, and protecting against the chilling effects of winter winds. H;1 LEG- DIR\Shared\GaryS\ agenda\ 266812. 26\ ORD- Zerolotline080211.1amended4oc Page 13 of 15 g. Graphics. Outdoor graphics shall be designed as an integral part of the overall design of the project. h. Visual access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be situated and set back so as to provide unobstructed visual clearance at roadway intersection. Private open space. Open space intended for the private use of each individual dwelling unit shall be so located and designed so as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. Trash containers. Trash containers shall be screened and so designed as to be conveniently accessible to their users and collectors. Visual screening for decorative walls. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting planned or dedicated rights -of -way: 1. Wall with landscaping. The wall shall be setback three, (3) feet from the right -of -way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials: A. Shrubs. Shrubs shall be, a minimum; of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting... B. Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. C. Vines. Climbing, vines shall be a minimum of thirty -six (36) inches in height immediately after planting. Metal picket fince. Where a metal picket fence abutting a zoned or dedicated right -of -way is constructed in lieu of a decorative wall, landscaping shall not be required. HA LEG- DtR\SharedlGaryS\ageA 008 \2-26 \ORD-Zenalotline080211 lamended.doc Page 14of15' 24 2.O5Nonconforming zero lot line development. Any request for a change to a zero lot fine plan, previously or hereafter approved, shall be reviewed and decided by the City Council following a public hearing and recommendation by the Planning Commission. Minor changes in order to adjust engineering construction plans needed to address conditions found on the site or in the existing infrastructure shall be approved by the City Engineer, and shall not require approval of the Planning Commission or the City Council. Any zero lot line projects which were approved prior to the effective date of this Ordinance shall remain in effect as approved unless modified or rescinded. Zero lot line projects approved prior to the effective date of this Ordinance that have provisions for maintenance and drainage easements in home owners association documents and/or in subdivision plats of at least four feet in width along the zero setback lot line, and that provide for a minimum separation between principal buildings of not less than ten (10) feet, shall be permitted to have roof overhang encroachments across the common lot line of no more than two (2) feet. Accessory structures permitted after the effective date of this ordinance shall comply with the requirements of this ordinance." SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall take effect upon and after publication of this ordinance. H:\ LEG -DIR\ shared \Garys\ agenda \2008\2- 26 \ORD- Zerototlineoso2l t:lamendeddoc Page 15 of 15 That a .£ oregoing . n c the 1� day of as read for the first time and passed to its second reading on this , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly AudE Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary APPROVED as to form: February 26, 2008 r1 By Gary Wf$mith Assistant City Attorney For City Attorney , 2008. Henry Garrett Mayor HALEG -DIR\ Shared\ GaryS\ agenda1200812- 26\ ORD- ZemloHine080211:1amended.doc 13 CITY COUNCIL. AGENDA MEMORANDUM City Council Action Date: March 11, 2008' AGENDA ITEM: Public hearing and First Reading Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, & Open Space Master Plan by amending the Top Ten list of highest priority recreation facility needs in section 92; providing for repeal of conflicting ordinances; and providing for severance. ISSUE: The Texas Parks and Wildlife Department requires review and possible revisions to Master Plans every two years. If the Top Ten list of the highest priority recreation facility needs in Section 92 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan is changed by this ordinance then it must be approved by City Council. REQUIRED COUNCIL ACTION: Council must approve an amendment to the Master Plan that changes the Top Ten Priority list. PREVIOUS COUNCIL ACTION: On June 14, 2005 the City Council amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks , Recreation, & Open Space Master Plan Subsection 10 of section 8.2 by adding provisions for playground equipment and green spaces in Neighborhood parks; providing for repeal, of conflicting ordinances; and provided for severance. CONCLUSION AND RECOMMENDATION: Staff recommends the Amendment to the Corpus Christi Parks, Recreation and Open Space Master Plan. Director Parks an Recreation BACKGROUND INFORMATION In accordance with proper notice to the public, a public hearing concerning the Corpus Christi Parks, Recreation and Open Space Master Plan was held on Wednesday, October 23, 2002, during a meeting of the Planning Commission and on Tuesday, November 12, 2002, during a meeting of the City Council. The Corpus Christi City Council approved the Corpus Christi Parks, Recreation and Open Space Master Plan on November 19, 2002. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on May 11, 2005 and the Planning Commission, after a public hearing, recommended approval an June 1, 2005. City Council amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks , Recreation, & Open Space Master Plan Subsection 10 of section 8.2 by adding provisions for playground equipment and green spaces in Neighborhood parks; providing for repeal of conflicting ordinances; and provided for severance on June 14, 2005. The Texas Parks and Wildlife Department has been in the process of changing guidelines due to legislation passed by the 80th Legislature. The results of this legislation have created additional funding for park development. The Parks and Recreation Department held two public meetings in January 2008 on the Top Ten priorities in the Corpus Christi Parks, Recreation and Open Space Master Plan. The changes to the priority list include items that will be submitted in grant applications over the next two years. The grant program is evaluated on a point system that was developed based on the approved priority listing. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on Wednesday, January 18, 2008. Page 1 of 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS, RECREATION, & OPEN SPACE MASTER PLAN BY AMENDING THE TOP TEN LIST OF HIGHEST PRIORITY RECREATION FACILITY NEEDS IN SECTION 9.2; PROVIDING FOR REPEAL. OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERANCE. WHEREAS, the Park and Recreation Advisory Board and the Planning Commission have forwarded to the City Council their reports and recommendations concerning amending the Top 10 List of Highest Priority Recreational Facility Needs in Section 9.2 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; and WHERAS, in accordance with proper notice to the public, a public meeting was held on January 16, 2008 during a meeting of the Parks and Recreation Committee and on January 28, 2008 at the Garden Senior Center to allow all interested persons to appear and be heard regarding the high priority recreational facility needs list; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, March 5, 2008, during a meeting of the Planning Commission and on Tuesday, March 11, 2008, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard regarding the high priority recreational facility needs list; and WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the comprehensive plan and amendments to the comprehensive plan by ordinance; and WHEREAS, the City Council has determined that the amendment of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, would best serve public health, necessity and convenience and, the general welfare of the City of Corpus Christi and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Comprehensive Plan of the City of Corpus Christi, Texas is amended by amending Section 9.2 of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan, an element of the Comprehensive Plan, to read as follows: "9.2 High Priority Recommendations Based on the needs assessment, a list of the highest priority recreation facility needs over the next 5 years has been identified. Note that these represent needs throughout H:\LEG-DIR \Lisa\2008 ORDINANCES Amend.Parks.Master.Plan:dac Page 2 of 4 the city, and represent a top 10 list that should be addressed in all grant candidate projects. Table 9.1 Citywide Facilities Priorities senier Nature habitat or nature areas. Wetland Development. Center. Birdinq as- backstops, Youth Sports Field. Recreational facility --south side. . Enhanced aquatics facilities. Visitors' Pavilions. 10 Pekilberhaeds: Playgrounds. sectors -ef the- city. Doa Park. "' H:ILEG'DIRILIsat2008 ORDINANCES ■Amend.Parks.Masler.Plan.doc Page 3 of 4 SECTION 2. That the City of Corpus Christi Parks, Recreation, & Open Space Master Plan establishes the City of Corpus Christi's policies for growth and development of parks and recreation services and the acquisition and, preservation of open space within the City. The City of Corpus Christi Parks, Recreation, & Open Space Master Plan is a portion of the Comprehensive Plan of the City. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Where any provision of this ordinance imposes standards or restrictions different from those imposed by any other provision of any other City ordinance, rule, or regulation, the provisions of this ordinance shall control; SECTION 4. It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Therefore, if 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. H;LLEG.DIRtliszt2008 GRDINANCESAmend .Parks.MaStel.Planaoc Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 3, 2008 By: .� . .'` Lisa Aguilar Assistant City Attomey For City Attorney HALEG- DIRtisa12008 ORDINANCES IAmend..Parks.Master.Plan.doe Henry Garrett Mayor 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation to provide Council with a review and update of ongoing storm water master plan activity. STAFF PRESENTER(S): Name Title /Position Department 1. Juan Perales, Jr., P.E. Deputy Director Development Svcs. 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. William J. Green, P.E. Engineering Manager Goldston Engr. 2. ISSUE: Efforts to update the City's storm water master plan were initiated in 2001. The project so far has attempted to address complex issues related to developing policies that define desired levels of protection and associated design criteria, and once completed, will provide the tools necessary to manage storm water needs for both the existing City as well as new development. This presentation is intended to provide the existing City Council with a brief history of the project and its original objectives and considerations, as well as to identify remaining tasks, priorities, and schedules. REQUIRED COUNCIL ACTION: None. Robert Nix Assistant City Manager Development Services PowerPoint presentation Supplemental information ater Master Plans Pro ■ Orderly Development Clear and Concise Guidance C...) ‘... c4.) • • it. • • Drainage Criteria Manual Storm Water Map Sheets 1 1 FEATURES Sheets Illustrate: • How much Runoff 1 • How Runoff is Managed Cim 44 ktz O Imoftso • .) rw t S 'v 1946 1988 v: aU 5 -year 5 -year 25 -year 25 -year 25 -year 25 -year 25 -year 0 R co O Northside /Bayfront Southside West of Clarkwood (Oso Creek) West of Clarkwood (Nueces River) 0 r Five Points South of Oso Creek 1970 1970 1970 REGULA1 Sissi 44 • f tle • •, w • Contain different design parameters 1. O tits • ctca O O O O ct • • Does not cover all areas of the City 1 Southside 1/41-0) rc-.)1 other Cities r c 1 *Adopted by City Council on December 19, 2006 1 P s _ __ v iCT .S's DEVELOPMENT OF MASTER PLAN & Council Directives O O O O O z• O • O C v z Ct a co▪ ) -1■) •v ▪ E 0 L ry O � • • Level of Protection & Storm Water Management Policies (2003) • Design Criteria and Master Plan Completion (2004) Q O I t 0 Q 0 O y . "0 Ca v1 O tact o Ca H ct ; o U Ca • N O la • C). 'ct 0 • N A N • ■ 1 FUTURE TASKS ASTER PLAN DELIVE ' • BLES ?onsiderations • Complete Drainage Criteria Technical Guide • Drainage Criteria Manual & Design Reference • Drainage Conveyance System • Storm Water Master Plan Map Sheet • Implementation Plan 1 FUTURE INTEGRATI Other Agency Coordination w w • • Nueces County E-+ 0 A E-1 • • Port of Corpus Christi 1 sl FUTU :E C LITE JA d E1 o Gin z et z p 0 et 0 .t cti P A ^: "C W g o nn et o w V1 A W w a • • • • • o � x. © A 44 d' e •-. '44 A 0 0. O s. f� H A C7 0 . c - U nn 0 • • pal 1 Cit C. ) lora Storm Water Map S • 2 -Foot LiDAR Contours • Contributing Area Q O . v ct t .4 • ■ • 1 • Crossing Structure Size tee 2 422 SCHEDULE 2 2 2 1 4, 2 0. LL t, e 4. 43 444 e 4 4 34 24 24 ▪ 44 553 o 5553 P 2, 33▪ 3 4. 22 39 34 4. 23 4 34- 23 33 2, 33 25 4. g g 2' "2 c 2 0 sss 2 4 5P a 9 tig e 14 82c 2 4 2 z ■2 4 2 2 041 at 593 4 0 0 444 04 • tv, 4. z Uniform Design Criteria throughout the City Orderly Development for next 50 years Future Program Implementation Guide 1 15 AGENDA MEMORANDUM City Council Action Date: March 11, 2008 SUBJECT: Storm Water Master Plan (Project No 2083) AMENDMENT NO. 4 A. Ordinance appropriating $801,430.91 from the unappropriated interest earnings in Storm Water 2006 CIP Fund No 3492, changing, the FY 2007 -2008 capital budget adopted by Ordinance No 027546 by increasing appropriations by $801,430.91 and declaring an emergency. B. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Goidston Engineering, Inc. in the amount of $1,266,154, for a total restated fee of $2,622,419 for the Storm Water Master Plan Project. ISSUE: The Storm Water Master Plan proposed amendment provides for the final phases to complete the project. In December 2006, the City Council adopted key sections of the Drainage Criteria Technical Guide that is now the basis for completing the Storm Water Master Plan Design Manual and map sheets. The key sections adopted In December 2006 are for drainage basins and sub- basins 200 acres and larger. The amendment includes completing the Drainage Criteria Technical Guide, Design Manual, Storm Water Master Plan map sheets and Capital Improvement Implementation Plan. FUNDING: Funding for this project will come from the Storm Water Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. vie H. Director of S Kevin R. Stowers ater Operations Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Contract Summary H; WOMEVRaGielle1GEMOralnage12083 -SW Master Plants md. No. 41Agenoa Memo.00e. AGENDA BACKGROUND INFORMATION SUBJECT: Storm Water Master Plan (Project No. 2083) AMENDMENT NO. 4 AMENDMENT NO. 4 DESCRIPTION: The proposed amendment is to the contract for professional services with Goldston Engineering, Inc., which was originally approved an August 28, 2001 in the amount of $1,048,480. Three amendments to the contract have been approved since then (see Prior Project Actions, Exhibit "A -1 "). Amendment No. 4 transitions previous work from the planning guide to a conceptual design document that can be readily used by the community to complete designs for subdivisions and City Capital Improvement Program projects, This transition was the result of extensive input from the community. The systematic approach in the Storm Water Master Plan reduces the level of effort for individual developments, and projects, Amendment No. 4 consists of the following three phases: Phase 1 — Storm Water Criteria and Design • Drainage Criteria Technical Guide for Subdivision Rules; • Drainage Criteria Manual reflecting adopted Council criteria; and • Storm Water Design Reference Manual. Phase 2 — Revised Storm Water Master Plan Map Sheets • Revised Channel Alignments; • Revised Basin /Sub -Area Delineation; • Revised Hydrologic Modeling; • HEC -RAS Analysis of Major and Intermediate Conveyance Systems; • Revised Map Sheet Format; and • Master Plan Map Sheet Production. Phase 3 — Implementation Plan • Re- analysis (Hydraulic) of Oso Creek; • West Oso Creek LiDAR acquisition /processing; • West Oso Creek Hydraulic Analysis; • Oso Creek Ponding /Detention Analysis; and • CIP Cost Assessment of Major & Intermediate conveyance systems. Phase 1 will complete the Drainage Criteria Technical Guide (DCTG). The DCTG resulted from extensive meetings with the consultant, City staff and the community to provide a quick reference guide to the Drainage Criteria Manual. Both documents are integral to the Storm Water Master Plan. The DCTG has seven (7) sections and key elements of sections 1, 2, 4, and 5 were adopted by the City Council in December 2006. These adopted sections provide for final production of the SWMP map sheets. The remaining sections (3, 6, and 7) address et1HOMEV2ac ieasIGEN{Drain.g.12083 -SW Master Plant/end. No. *Agenda Background.doc EXHIBIT "A" Pa•e1 of2 subdivisions, detention, floodplain restrictions, finished floor elevations, and lot grading and drainage. The primary purposes of the DCTG are: 1. To establish the minimum standards necessary to protect the safety and welfare of the public; 2. To consolidate storm water drainage criteria for all areas of the City of Corpus Christi in a single concise document; and 3. To establish uniform criteria for the analysis, design and construction' of storm water drainage facilities in the City of Corpus Christi and its extra- territorial' jurisdiction. Phase 2 will provide final map sheets for intermediate and major conveyance systems for contributing drainage areas over 200 acres, incorporating the level of protection and adopted criteria that reflects community and Council input. The map, sheets will now also include closed systems in addition to open channels for the intermediate and major conveyance systems. Phase 3 provides for an implementation plan and cost estimates for the intermediate and major conveyance systems for improvements to the existing and new drainage systems. This information will be essential to strategic planning of the City Capital, Improvement Program and continued orderly development. Throughout the process, key stakeholders will be requested to participate as shown on the project schedule (see the Contract Summary, Exhibit "3 "). After community comment, City Council will be presented with the SWMP map sheets and the Drainage Criteria Manual for adoption. Amendment No. 4 is ready for Council approval and it is being programmed into the FY 2007 -2008 Capital Improvement Plana CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "B". EXHIBIT "A" Pa.e2of2' H:IHOMEWatella\GEMOrSnage12003 &W Master PlanlAmd No 41Agenda Badground.doc PRIOR PROJECT ACTIONS SUBJECT: Storm Water Master Plan (Project No. 2083) AMENDMENT NO. 4 PROJECT BACKGROUND: On August 16, 2001 the Storm Water Management Advisory Committee was presented with the Storm Water Master Plan project and the Committee unanimously recommended the project be presented to the City Council. The project was awarded and initiated with the consultant team of Goldston Engineering, Inc:, Rodman Company, and Dodson & Associates, Inc. in August, 2001. The need for a Master Plan project became evident as a result of a number of drainage studies for different areas in the approved Storm Water Capital Improvements Program (CIP) for FY 1999 -2000 on July 20, 1999 (Ordinance No 023703). The City utilizes master plans that date back to 1946, 1961, 1970, 1982, and 1988, which contain different design parameters, have not kept pace with the changing regulatory environment, do not cover all areas of the City, and have inconsistent levels of protection. As a result, the Master Plan project includes the development of a comprehensive, updated, consistent plan based on adopted Storm Water Management Polices with a level of protection responsive to the community. The Storm Water Drainage Criteria and Design Manual (DCDM), based on the storm water policies and level of protection, is necessary to respond to land use development, environmental issues, and to better define and prioritize on -going and future storm water capital improvement projects. The contract for professional services with Goldston Engineering, Inc. consists of the following elements: Original Contract, August 28, 2001 - $1,048,480: The original contract with Goldston consisted of two phases; 1. Phase One produced a DCDM to be adopted by Council action The manual included policy statements for storm water management consistent with federal /state regulations and subdivision development, and a level of protection and drainage design criteria that reflected the input of key stakeholders. 2. Phase Two developed an updated, consistent Storm Water Master Plan for the City. The Master Plan consisted of map sheets at a scale of 1" = 400 LF with two foot contours based on LiDAR (Light Detection and Ranging) and aerial photography using USGS 1995 digital orthogonal rectified quarter - quadrangle base maps. The map sheets reflected the results of the hydrologic and hydraulic modeling of the selected areas to include the parameters required for design of future capital improvement projects as well as land use development projects. Amendment No 1, April 22, 2003 - $0: Amendment No 1 allowed Goldston Engineering, Inc. to provide assistance to City Staff for the presentation before the Nueces County Commissioner's Courtin February 2003. Amendment No. 2, September 21, 2004 - $300,000.00: Amendment No. 2 specifically designated open channel system requirements, augmented the Master Plan map sheets to H: HOMWRachelle\GEM®tanaga1208 &$W Master PlenVend. No. Manor Actions.eoc EXHIBIT "A -1" Paelof3 include Padre and Mustang Island areas, provided additional consultant support, and provided for a Phase 3 initial implementation plan. During the development of the Master Plan map sheets, it was determined that approximately 450 miles of open channels are anticipated to meet existing and ultimate development. These open channels are identified as "major" channels that convey runoff from over 500 acres, and "intermediate channels that convey runoff from 200 to 500 acres. The amendment defined engineering effort, topographic requirements for channel location, size, conveyance requirements, and deliverables. Under the amended Phase Two, the Master Plan map sheet boundaries were increased to include Padre and Mustang Islands within City jurisdiction. Under Phase 3, twenty -five (25) stream miles of preliminary hydraulic modeling (using HEC -RAS analysis) for the Oso Creek watershed were performed. Phase Three included consultant support and initial implementation planning as follows: • The Oso Creek modeling includes 25.9 open channel miles as presented in Exhibit A3 of the Amendment. This work will provide an estimate of the water surface elevation and inundation limits for both the existing and ultimate land development conditions (100 -year storm event) allowing the City to plan for proper development. • Consultant support provided for presentations with stakeholder interests to present project information and secure community input to the DCDM and Master Plan. • Included is an initial implementation plan for 20 of the 450 miles that identifies required conveyance improvements for designated channels. The reports were provided in Capital Improvement Program (CIP) format. Amendment No 3, March 21, 2006 $7,785.00: Amendment No 3 ratified previously completed Master Plan project - related services as follows: • Oso Creek Steering Committee Presentation • Bare Earth LiDAR for FIRM and FIS Update • Emergency Operations Inundation Mapping Prior actions for the Master Plan project have included: PRIOR COUNCIL ACTION: 1, August 28, 2001 - Update on City Council Priority Issues, Action Plan to evaluate the need for a Storm Water Drainage Utility. 2. August 28, 2001- Motion authorizing the City Manager, or his designee, to execute a contract for professional services in the amount of $1,048,480 with Goldston Engineering Inc. for the Storm Water Master Plan Project. (Motion No M2001 -336) 3. January 28, 2003 - Resolution tentatively approving the Storm Water Management Policies and directing staff to proceed with preparation of the Storm Water Criteria and Design Manual, including the preparation of alternate levels of protection. (Resolution No. 025182) 4. September 21, 2004 — Motion authorizing the City Manager or his designee to execute Amendment No 2 to the contract for professional services with Goldston Engineering Inc, in the amount of $300,000 for a total restated fee of $1,348,480 for the Storm Water Master Plan Project. (Motion Na 2004-363) H1Hf 1MR6awhn11a1GFMflrainana@OB3-SW Master PIan1An1G Na. 4t Prior Mians.doc 5, December 19, 2006 — Ordinance adopting the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi Drainage Criteria and Design Manual as required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets. (Ordinance Na 027096) 6. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of$127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1. June 23, 2000 - Distribution of Request for Proposals (RFP) No 2000 -02 (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non local). 2. June 23, 2000 - Authorization to waive the 75/25 local participation policy, City Policy No F -13, in the selection procedure. 3. July 19, 2000 - Addendum No 1 to the Request for Proposals (RFP) Na 2000 -02 (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non - local). 4. August 16, 2001 Presentation of Storm Water Master Plan Project to the Storm Water Management Advisory Committee.. 5. February 5, 2002 City Staff workshop with consultant team. 6. February 8, 2002 and July 9, 2002- Presentation of Storm Water Master Plan Project to Development Services Advisory Group. 7. February 21, 2002 and April 12, 2002 — Presentation of Storm Water Master Plan Project to Storm Water Management Advisory Group. 8, March 13, 2002 - Presentation to Planning Commission on Storm Water Master Plan Project. 9. April 17, 2002 Town hall meeting with the general public. 10. March 7, 2002, April 9, 2002 and July 1, 2002— Meetings to discuss and receive input with Technical Advisory Group on level of protection and policies. 11. January 13. 2003 — Tentative approval by Storm Water Management Advisory Committee of the Storm Water Management Policies. 12. January 15, 2003 — Tentative approval by Planning Commission of the Storm Water Management Policies. 13. April 22, 2003 — Administrative approval of Amendment No 1 to the contract for professional services in the amount of $0 with Goldston Engineering, Inc. forthe Storm Water Master Plan Project. This amendment re- aligned fees to include special presentation to the Nueces County Commissioners Court on Feb. 20, 2003 at 9:00 a.m. 14. July 30, 2004 - Administrative approval of Small NE Agreement in the amount of $24,990 with Goldston Engineering, Inc. for Storm Water Master Plan training. 15. June 27, 2005 -- Administrative approval of a Small A/E Agreement in the amount of $16,000 with Thompson Engineering for the Storm Water Master Plan- Technical Review of the Draft Master Plan: 16. March 21, 2006 — Administrative approval of Ratification and Amendment No 3 to the contract for professional services with Goldston Engineering, Inc. in the amount of $7,785 for a total restated fee not to exceed $1,356,265 for the Storm Water Master Plan Project. H: HQMEERaiiellekGENIDramagok20B3 ,sW Masler Plante% No.. 41Prior AUlons.tloe EXHIBIT "A -1" Pa +e3 of 3 CONTRACT SUMMARY 1. SCOPE OF PROJECT; Storm Water Master Plan (Project No. 2083) AMENDMENT NO. 4 Amendment No. 4 will complete the Drainage Criteria Technical Guide, Design Manual and Storm Water Master Plan map sheets. Amendment No 4 consists of the following primary elements: Phase 1 — Storm Water Criteria and Design • Drainage Criteria Technical Guide for Subdivision Rules, • Drainage Criteria Manual reflecting adopted Council criteria; and • Storm Water Design Reference document. Phase 2 - Revised' Storm Water Master Plan Map Sheets • Revised Channel Alignments; • Revised Basin /Sub -Area Delineation; • Revised Hydrologic Modeling; • HEC -RAS Analysis of Major and Intermediate Conveyance Systems; • Revised Map Sheet Format; and • Master Plan Map Sheet Production. Phase 3 Implementation Plan • Re- analysis (Hydraulic) of Oso Creek; • West Oso Creek LiDAR acquisition /processing ;! • West Oso Creek Hydraulic Analysis; • Oso Creek Ponding /Detention Analysis; and • CIP Cost Assessment of Major & Intermediate conveyance systems. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" to complete the project. 3 . ACTIVITY COMPLETION DATE (Original) COMPLETION DATE (Revised) COMPLETION DATE (Amendment #4) Completed Project Start Up October 2001 February 2002 Level of Protection Research & Evaluation January 2002 November 2002 Completed Policy Review & Recommendations April 2002 January 2003 Completed August 2008 Drainage Criteria Guidance July 2002 March 2004 Drainage Criteria Technical Guide September 2008 Stakeholder Input July 2002 September 2003 Storm Water Criteria and Design Manual December 2002 October 2004 Drainage Criteria Manual October 2008 Storm Water Design Reference November 2008 H: WOME \Rathelle\GEMDfainaget2083SW Master Plan at No. 4 \Contract Summary.dec EXHIBIT "B" Pa +e 1 of '2 Storm Water Master Plan Map Sheets December 2002 February 2005 AMD, N0.:2 Storm Water Map Sheets (Revised Criteria) AMD. N0:4 TOTAL CONTRACT April 2009', Oso Creek Analysis March 7; 2005 March 2005 Oso Creek Re- Analysis November 2007 August 2008 Oso Creek Ponding /Detention Analysis 5216,365.00. 50:00 February 2008 October 2008 West Oso Creek Analysis $152,670100 5369,035.00' November 2007 July 2008 Implementation Plan April 18, 2005 April 2005 February 2009 1,410:00 4. FEES 8128/2001 4/2212003 9/2112004 3/2112006 3/11/2008. H: NOMEIRachelIe \GEN \Drainage12083 -SW Master Wan+AIM No. Meant= Summary.dac TOTAL RESTATED FEE: $2,622,419.00 EXHIBIT 'B" Pa. e 2 of 2 ORIGINAL CONTRACT AMD.. No. 1, AMD, N0.:2 AMD. Na 3 AMD. N0:4 TOTAL CONTRACT Bas cervices 1 Phase One - Storm Water Criteria and Design Manual 5216,365.00. 50:00 .$0.00 50:00 $152,670100 5369,035.00' 2 Phase Two- Development of Storm Water Master Plan (includes LIDAR flight) 740,820.00' 000 11,725:00 1,410:00 684,725.00 1.438 680.00' 3 Phase Three - Oso Creek Analysis 288,275:00 3,000.00 428,759.00 720,034.00 Subtotal Basic Services Fees 957,185..00 0.00 300000:00 4,410:00 1266,154:00 Z527 749.00 Additional Services (Allowance) 1 Topographic Survey 52,500.00 0.00 0.00 0.00 .0.00 52,500:00 2 Additional Travel (8 one -day meetings) 38,795.00 (5,000.01ij 0.00 0.00 0.00 33,795:00 3 Special Presentations 0:00 5;000:00 0 00 0.00 0.00. 5,000.00 4 Emergency Operations Inundation Mapping 3,375.00 0.00 3;375;00 Subtotal Additional Services Fees 91,295:00 0.00 0:00. 3,375;00 0.00 94,670:00. Total Authorized Fee 51,048,480.00 50.00 5300000.00 57,785.00 51;266;154.00 52,622,419:00 Annrnvnl fain - 8128/2001 4/2212003 9/2112004 3/2112006 3/11/2008. H: NOMEIRachelIe \GEN \Drainage12083 -SW Master Wan+AIM No. Meant= Summary.dac TOTAL RESTATED FEE: $2,622,419.00 EXHIBIT 'B" Pa. e 2 of 2 ORDINANCE APPROPRIATING $801,430.91 FROM THE UNAPPROPRIATED INTEREST EARNINGS IN THE STORM WATER 2006 CIP FUND NO 3492 FOR THE STORM WATER MASTER PLAN PROJECT;' CHANGING THE FY 2007 - 2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 BY INCREASING APPROPRIATIONS BY $801,430.91; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $801,430.91 from the unappropriated interest earnings in the Storm Water 2006 CIP Fund No 3492 is appropriated for the Storm Water Master Plan Project. SECTION 2. The FY 2007 - 2008 Capital Budget adopted by Ordinance No. 027546 is changed to increase appropriations by $801,430.91. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 11th of March, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: By: A-" ""'26" Veronica Ocanas, Assistant City Attorney for City Attorney 031108 ORD App 4 Storm Water Master Plan Project Corpus Christi, Texas day of _ , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 031108 ORD App 4 : Storm Water Master Plan Project 16 AGENDA MEMORANDUM DATE: March 11, 2008 SUBJECT: Padre Island Elevated Storage Tank (Project No. 8551) BOND ISSUE 2004 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a construction contract with Landmark Structures I, L.P. of Fort Worth, Texas in the amount of $3,379,000.00 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part A Base Bid plus Additive Alternate No 1. B. Motion authorizing the City Manager, or his designee, to execute a construction contract with Austin Engineering, Co., Inc. of Austin, Texas in the amount of $762,923.00 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part B 30 -in. Transmission Main from Padre Island Elevated Storage Tank to Park Road 22. ISSUE: Water supply for Mustang and Padre Islands are approaching the limit of existing capacity. The elevated storage tank is fastest way to address peak demand and improve water pressure. The project will improve water supply and pressure pending completion of the design, environmental and permitting required for completion of the Southside Water Main. FUNDING: Funding is available from the FY 2008 Capital Budget and Capital Improvement Planning Guide (CIP). RE MME ION: Staff recommends approval of the Motion as presented. Gusta o Gonzalee P. Director of Water 1epartment Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "0" Location Map Kevin Stowers, Interim Director of Engineering Services H:\ USERS2WOME \VELMAPIGEMSTREET18277 GREENWOOD ORNEICONSTRUCTION\AGENOA MEMO BACKGROUND INFORMATION SUBJECT: Padre Island Elevated Storage Tank - 1.5 MG (Project No. 8551) PROJECT DESCRIPTION: The proposed project bid consists of three parts. Part A is the elevated tank, Part B is the 30 -in. transmission main, and Part C is the combination of the elevated tank and 30 -in. transmission main. Part A Padre Island Elevated Storage Tank (1.5 MG) consists of the erection, installation, and painting of a new 1,500,000 gallon elevated water storage tank, foundation, 30 -in. stainless steel piping, 20 -in. control valve, concrete splash pad and appurtenances. Part A includes electrical service, controls, cathodic protection, SCADA and SCADA integration. The project includes access road, security fence and planting. Part B 30 -in. Transmission Main (from Padre Island Elevated Storage Tank to Park Road 22) consists of the installation of a 30 -in. ductile iron waterline, 42 -in. casing, cathodic protection and other appurtenances. Part C Padre Island Elevated Storage Tank (1.5 MG)f30 -in. Transmission Main (from Padre Island Elevated Storage Tank to Park Road 22) combines Part A and Part B into a single project. PART A - ADDITIVE ALTERNATE NO. 1: Additive Alternate No. 1 provides for installation of the City of Corpus Christi Enterprise System surveillance, access control, and data communication systems. BID INFORMATION: Bids were received on January 23, 2008 with six (6) bidders submitting a bid proposal. The bids range as follows: Part A from $3,249,000.00 to $4,699,000.00 Additive Alternate No 1 from $130,000.00 to $200,000.00 Part B from $762,923.00 to $902,134.50 Part C No. Bids No Bids The engineer's estimated cost of construction is • Part A $3,165 750.00; • Add. Alt. No. 1 $ 159,600.00; • Part B - $ 719,250.00; and • Part C - $4,044,600.00. Part A Bid: The low Part A bid was submitted by Landmark Structures i. L.P. of Fort Worth, Texas. Three Bids for Part A were received and opened on February 6, 2008. See Exhibit "C-1" Tabulation of Bids. EXHIBIT "A" Pa +e 1 of 2 H \USERS2WOMENELMAIAGEN 3TREE71 @277 GREENWOOD DRNE\CONSTRUCTION AGENOA'BACKGROUND One Part A bid submitted by Caldwell Tanks in the amount of $4,699,000.00 was deemed non - responsive as they had not completed construction the requisite number of elevated tanks. Specification 01100 Composite Elevated Water Storage Tank, Paragraph 1.4:1.1 Experience List requires ten (10) years of experience and the ability to show (10) tanks in successful operation for the last 5 years, Caldwell Tanks listed only eight (8) completed tanks of which only one tank had the requisite five (5) years of successful operation. The determination the bid was not responsive did not affect the priority of award. The City's consultant, LVN, and City staff recommends that the construction contract be awarded to Landmark Structures $3,379,000.00 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part A Base Bid plus Additive Alternate No. 1. Part B Bid: The low Part B bid was submitted by Austin Engineering Co., Inc. of Austin, Texas. Four Bids for Part A were received and opened on February 6, 2008. See Exhibit "C- 2" Tabulation of Bids. The Bid submitted by Jimmy Closner Sons Construction Go., Inc. was deemed irregular in that Addendum Na 1 and Addendum No 2 were not acknowledged as required on the bid proposal. The irregularity did not change the priority of award recommendation. LVN and City staff recommends the construction contract for the Padre island Elevated Storage Tank (1.5 MG) Project for Part B — 30 -in. Transmission Main from Padre Island Elevated Storage Tank to Park Road 22 be awarded to with Austin Engineering, Co., Inc. of Austin, Texas in the amount of $762,923.00. TIME OF COMPLETION: The contract provides for the work for Part A (Elevated Storage Tank) is 510 calendar days for the Padre Island Elevated Storage Tank (1,5 MG) Project for Part B — 30 -in. Transmission Main from Padre Island Elevated Storage Tank to Park Road 22. The contract of Part B (30 -in, Transmission Main) provides for work to be complete within 120 calendar days of notice to proceed, PROJECT BACKGROUND: The project was included in the FY2008 Capital Improvement Program (Water Sequence 15) as a method to increase the supply of water during peak demand and to provide backup water pressure support. The project was developed to provide a more immediate means of increasing daily water supply capacity. The tank will be filled during non -peak usage and provide additional supply during periods of peak water demand. As an elevated tank, the project will allow the City to maintain adequate water pressure when water pumping plants are experiencing electrical outage. The project emerged when it became apparent that the design time, cost, environmental regulations, and permitting requirements would not allow the Southside Transmission Main to reach Padre Island in a timely manner. Construction of the elevated tank will provide additional water supply while the City continues to proceed with the design and permitting process for the Southside Water Main. EXHIBIT "A" Pa.e2of2 H:\ USERSZIHOMEW ELMAPVGENISTREET\6277.GREENWOOD DRIVEICONSTRUCTIOMAGENDA BACKGROUND PROJECT BUDGET PADRE ISLAND ELEVATED WATER STORAGE TANK (1.5 MG) Project No. 8551 March '11, 2008 FUNDS AVAILABLE: Water......,. ............... 4,979,721.00 $4,979,721.00 FUNDS REQUIRED: Part A Elevated Storage Tank (Landmark Structures) 3,379,923.00 Part B 30 -in Transmission Main (Austin Engineering) 762,923.00 Total Construction Contingencies (10 %) . ......... ...... ......... ....... ......... ....... .............. Consultant (Previously Contracted - LVN) Geotechnical Testing (Rock).. .. . . ... ......... ..... ... ...,.,. :: ......... Reimbursements...... ....:........... Misc, (Printing, Advertising, e t c . ) . . . . 4,142,846.00 414,300.00 350,300.00 7,275.00 TBD 40,000.00 25,000.00 $4,979,721.00 Exhibit 13 Pagel of 1 o a N O z 2 o aQ »: v ig Yt C a �: 41 LL w< 4 4 id < 2 NI'9tl 0 CI it 0.Qa N Q W X 1n W 1••• ▪ 0 1)) w Fe U N d Chv Fa LL o W O Z tj ® ' 0 tl J Z Z a Fe 0 Q W c 1-- Z 2 Itl c a w 0 Z u W • 0 CC E a ▪ « co W c o D w 0 N U • P y ,o 2 Y • J m G. O 0 W = 0 to 2 w Caldwell Tanks, Inc. 4000 Tower Road Louisville, KY 40219 $ 240,000.00 11 0 0 n O 0 O C 69 $ 124,000.00 $ 16,300.00 II O 00 a 1> 1p M p 0 N 43 4i 0o ®.r rr CO 49 0 CO 49 O oo.6 CO N H o0 CO ,- 49 0 CO in I $ 750.0011 vi 1D 1' T 4i o o o N r 64 O 0 Oo0 N N o N NI 4J o0000 0. 0. M. 4) 1 $ 2,000.0011 oowo Oo 0 e CO 0 N 49 100 0 6 CO . 0 en CO 40 $ 240,000.00 $' 4 070,550.00 124,000.00 $ 16,300.00 a CO Ul 19 o M W 4) O CO 4i Q r 4) O CD bi-• $ 300.00 $ 400.00 00€ $I u) CO CO 0p O r 4) 0p < .0. 49 ' 0 rf9 W. 11 $ 35,000.00 o o N Y# O O f9 O o� 6 Y3 a 4i. Inc. Forest Drive ds, TX 77380 TOTAL PRICE Yti 0 0 o W T $ 3,206,510.00. 0 00. O 8 0 r N O: 8 O N $ 48,000.00 1 00: 00 O O o o O C) N. $ 21,080.00 -1 $ 27,40000 $ 31,150.00 0 0 a o °M ur .- I$ 875.00 O 6 CO O I$ 2,000.00 O' 0 o d1 I $ 4,000 00 1 $ 35,000.00 o O o 1 $ 34,000.00 0 0 o O O. 1 $ 7,240.00 11 $ 3,927,000.00 UNIT I PRICE �Y9 e 00000'061. $ O O O M o N c' W O O O 00 6 01 N O :O O 00 N. 41 1$ 48,000.001 u3 0 N O O S7 0 pI 4> 4) 0 O I: 43 0 0 O O O. N CI 19 bi $ 250.00 655.00 0 O to 49 o vti M 4i O O O 0 N 4I II $ 200.00 $ 4,000.00 $ 35 000.00 'O O O 0 r w O: O 0 00y 11$ 50,000.00 O O O N. rctures 1. L.P. on Road , TX 78177 TOTAL PRICE 0' o ^ $ 2,771,230.00 CD 0 ® o 0 N 41 O 0 0 a 0 r 49 $ 5,000 00 $ 24,000.00 $ 2,000.00 0 0 O O v r 4> 0 0 0 0 o g W 0 01 t!p .' H 0 0 0 0 O 0 0 a 0 HI t7 W b; b o O 0 O ' . $ 4,230.00 $: 1,000.00 1 $' 3,000.00 1 $ 3,000.00 00000 . . O O 0 0 0'. 0 0 0 0 0 '. 0. 0 0 0 1D. o N o o o. M O O 0 FA 49 43 4) S $ 3,249,000.00 UNIT PRICE ' a ¢pp N' 4 f .yam • O O O N 43 O O O M N r- N M. O 0 O O O r 4i 0 O O o 0 LLS VI : a 0 $ a O O O C a M 0 0 0 N: N 4i 4Y 4) 0 O O 3 0 0 a o er O 4) 4) o O O O O a O O 10 01 '4 '4 0. 0: N W 00'£ $ I I$ 1,000.00 1 $ 200.00 O O O O N ✓i $ 35000.00 $ 200.00 $ 5,000.00 $ 50,000.00. $ 30.00 PADRE. ISLAND ELEVATED WATER STORAGE TANK (1.5 MG) NO. 8551 PART A - Padre Island Elevated Water Storage Tank (1.6 MG) DESCRIPTION General Conditions for Part A (5 %) _] Erection, installation, and Painting of 1.5 MG Elevated Tank, Foundation, 30" Stainless Steel Piping, 30" Butterfly Valves, 20' Control Valve; Electrical Room, concrete Splash Pad, Hydrodynamic: mixing system and appurtenances Installation of Electrical Services required for the Electrical Room, Controls, Conduit, Wiring, Lighting, and . all associated items Cathodic Protection c 0 El O CO - ao c ® N c 0 a, c ' N r E. 0. d NC. 0. c LL: CQQ. Two Course Surface Treatment c m d l h CO 40 CO C.1 C' °m O. Ti E: a8. E`; U iL 1Bollards Sediment Control for Inlets Silt Fence ,Erosion. Control Mat and Seeding 'Construction Entrance 30' Ductile Iron Piping 30" Ductile Iron 90° Bend Allowance for Landscaping and Site Work Provisions for Two Future Antennae Dewatering for Tank Foundation Allowance for Tank. Logos Bollards 8 Cable. Fence A -. TANK AND SITE WORK (ITEMS Al THRU A22): �.. fir.. J' J J J J J w U) WO QQ w w N t{ W QQ w J: J J J J j`. CI r r r 008 1,240, 1,370 890 CO W N 250 :. O. r r r r r r 0 co 'H Q ry4 6 Q Q 4 Q 4.0 Q 4Q Q Q Q Q Q K¢ ¢ Z. Z 's Bid was Non- Responsive Caldwell Tan 0 CL a rl CI cc k � °E el J 7 ƒ # «! 4 0 F 0. to tu 1- ƒ w / 0 k0 )t 2§ ■ /§ \ \ } a 0 \ # $ E < S. ui 1;) }\ \k §\ )l- /0 /I §{ §- z cc 0. M In w $ o gca ƒ /( o DESCRIPTION 2 6 to en co 8 2. Li \E -o ; %I \ / §\ re X al c.'s Bid. was Non-Ras 0 ✓ V to a. d Q U 0 u. Z Q �0 Z_ ui rz 0 z 111 LL 0 z W 2 0. D a a m (jj 0 F N N - 1- 0 - AWN .0 y K U. III co Z O 0 W to 0 •Z N e w C 0, w 0 0 a E c 0 ui O a e d V N Y Z O 9 J 02 o 2 0 N U 10 W 2 I- F= Jhabores Construction Co, Inc. PO Box 60089. Corpus Christi, TX 78466 TOTAL I PRICE r $ 45,000.00 $ 427,371.5011 O ct N r 64 00 pRp T U) 49' 00: p- N. 0 64 °o co n 69 $ 967.00.1 $ 1,000.001! 0 UJ CO : Lo: $ 2,744.00 11 a to � en 0 -. co ' LO 0 N 1$ 103,288.00 1$ 11,041.00 1$ 209,160.00 0 $ 0 In SY 0 8'. co e- 63 1$ 40,426.0A 1 $ 902,134.50 $ 45,000.00 $ 183.50 0 a 0) fA 0 o co n) 69 0 a to N H 0 o ro n rA 1 $ 967.00 $ 1,000.00 $ 5,855.00 0 0 (O. 69 $ 123.00 $ 2,056.00 0 N tR o S 69 1 $ 747.00 0 S 1 $ 4,896.00 00 f3p UNIT PRICE Jimmy Cfosner & Sons Construction Co., Inc.. PO Box 170 Mercedes, TX 78570 UNIT TOTAL PRICE PRICE . .5?f O G N 69' R N. 63 $ 3,628.00 $ 4,500 00 $ 5,200.00 $ 11,900.00 1$ 1,500.00 O ci inn 63 $ 4,500.00 $ 7,240 00 $ 3,825 00. O O O . N o M1 69 63 63 1 $ 219,800.00 1 $ 15,000.00. O °o N '69 r- R f9 1 $ 880,588.401 $25,000.00. $ 223.60 I $ 3,628.00 O 0 0 0 0 ion N: N e- b3 64 63 0 0 O 'o h N r r 44 S $ 4,500.00 $ 1,810 00 $ 85.00 $ 2,900.00 $ 39,400.00 $ 7,075.00 1 $ 785.00 { $15,000.00 O: o N 63 O fV. 69 p Oo 0: M 69 $ 365,653.00 11 O fV W. $ 4,100.00 $ 4,500.00 I$ 14,300.00 0 0 r r 69 '3 $ 3,600.00 $ 4,000.00 $ 4,500.00 $ 3,100.00 46,800 00 $ 5,200.00 O OV �:3 O° .�f1- 69 1$ 3,450 00 1 O N10. 69 V 64 Holloman Corporation 137301H 10 E Converse, TX 78109 UNIT PRICE $ 35,000.00 $ 157.00 1 O Qo N H3 $ 4,100.00 $ 4,500.00 $ 14,300 00 0 0 r r 69. 64. $ 3,600.00 $ 1,000 00 $ 100.00 0 00f 8 00. 0) N M V N 69 69 64 1 $ 800.00 O po 0 r H3 $ 3,450.00 O r Y3 Austin Engineering Co, Inc. PO Box 342349 Austin, TX 78734. TOTAL PRICE fQ ,Z yE u4 Q y 0 o o O: M 69 0 o to CO C CO 69 $ 2650.0011 0 0 0 Ol M d CO 69 69 69 $ 850,00 $ 675.00 O O 0 0 0 0 10 0 CO CO 'Cr _ O O m 60 63 69 64. $ 2,250.00 $ 85,000.00 $ 8,300.00 $ 190 400.00 I00'000'9 I $1 $ 4,800,00 0 N f9 3- 30" TRANSMISSION MAIN (ITEMS Al THRU A22): $ '.762,923.001 0 °o: Ln el 63 0 0p X13 69 0 °i N w: $ 4,900.00 $ 5,950.00 $ 12,300 00 0 0 0 u°r w W !0 63 69 r 4,850.00 $ 2,115 00 $ 134.00 $ 2,250.00 $ 85,000.00 $ 8,300.00 $ 680.00 o OO O c 69 o. o 60. R v3 :P 69 Ill 4 PADRE ISLAND ELEVATED WATER STORAGE TANK (1.5 MG) PROJECT NO. 8551 PART B - 30" Transmission Main From Padre Island Elevated Water Storage To Park Road 22 DESCRIPTION Z; in 0 co m o Ts w C cu 0 C a b M a Sn o N} >. yy m 7� 'cGI v x m'. _ 0 0 M 12" Tee 1;15x12" Reducer 30" 20° Bend 12" 45° Bend 112" Ductile Iron Pipe Waterline 12" Gate. Valve Cathodic Protection Combination Vacuum Relief & Air Release Valve and Concrete Manhole 142" Bore and Steel Casing [Water Utility Allowance as directed by the Enoineer 12" Water Line Tie-In Dewatering for Waterline W 711 W W W W W W 1 W J W J ir .4[ CL yj r r r r St r r r CO C... F. m N m Sh m d. N O 03 00 00 n cO CO CO 0: '03 • r 0] m m N 47 R m CO m N. CO CO t9 m W 6 G m h m. W : r3;niirg§',FO".' Ndit'TieM';N (445'.YV.vg ^` ) f sVf.?ARCfBBIR'$UMMARY.t :,+g„ °,tkt ";?'fires""tai.fiw', ril �4 t{.,U1111 "t` 1c1ft1k a'V +Y5 i:1nt1411 J p,. }G. WdkR` . ia"�++5��i�n"i'3+. «'F� S,iR, a�v4. AS.,S. 9. .b X d. l�. i TOTAL PART B: $ 762,923.00 $ 764,461.00 $ 880;588.40 $ 902,134.50 N T- O o :0 w • a Jimmy Cosner Sons Construction Co., Inc had. an Irregular Bid \ Mproject \councilexhibits \exha551.dwg CITY PROJECT No.8551 PROJECT LOCATION NUECES /KLEBERG COUNTY LINE, WEST OF PARK RD.. 22 LOCATION MAP NOT 70. SCALE EXHIBIT "D" PADRE ISLAND ELEVATED STORAGE TANK (Bond Issue 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE. 1 of 1 OATS: 02/25/2008 s a 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 11, 2008' AGENDA ITEM: A. Resolution approving a contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas, Inc., granting $50,000 in business incentives for small business interest buy -down program. B. Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to ACCION Texas, Inc., for an interest buy -down program to assist small businesses in Corpus Christi. ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to ACCION Texas, Inc., in the amount of $50,000 for an interest buy -down program to assist small businesses in Corpus Christi beginning March 1, 2008 through July 31, 2008. Irma Caballero Director of Economic Development BACKGROUND INFORMATION Summary ACCION Texas, Inc., has been administering a micro - lending program in Corpus Christi for more than three years, and has disbursed almost $2.3 million and over 170 loans. This was accomplished with the help of the City of Corpus Christi buying down the interest rate of loans to a 5.5% interest rate for struggling small business owners that did not qualify for bank loans and were willing to hire an additional employee. Many of these small businesses were start-ups and had little collateral. An interest buy -down program can also benefit existing businesses that need capital to hire new employees and grow their business. ACCION Texas is proposing a pilot program to the City of Corpus Christi in the amount of $50,000,. The program will begin March 1, 2008 and terminate on July 31, 2008, and will offer an additional interest buy -down program to benefit businesses who want to expand. Under this new proposal ACCION Texas can extend a business loan to clients where traditional financial institutions can not provided they meet most of the following requirements: • Requested loan amount under $50,000 • Business has been operational Tess than 5 years • Business located within Corpus Christi city limits • Debt to Equity Ration equals 50% • Existing business • Good credit with limited collateral • Will hire at least one additional employee • Demonstrate funding gap for working capital The investment of $50,000 from the City of Corpus Christi would be leveraged with ACCION Texas funds. Due to the existing buy -down program in, Corpus Christi, ACCION Texas will not utilize, any of the funds for additional staff or marketing Performance Requirements • Approximately 7 — 10 clients will be served • Approximately 7 — 10 loans will be granted • Approximately 7 — 10 jobs will be created • Approximately $245,000 in loans will be disbursed Status on current CC Buy -Down program • ACCION Texas is currently advertising the 5.5% buy down program on Clear Channel Radio stations for 3 month program on 4 stations. • Working with Kailo Communications for media releases and free public service announcements and moming show interviews, • Loan activity: 61 loans for the 5.5% buy -down program; total number of loans, including the 5.5% buy -down program, using all other funds is 171 loans totaling $2,260,000. • Approximately 200 clients served • Only 1 default since the program began Page 1 of '2 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (4A BOARD) AND ACCION TEXAS, INC., GRANTING $50,000 IN BUSINESS INCENTIVES FOR SMALL BUSINESS INTEREST BUY -DOWN PROGRAM WHEREAS, the 4A Board requested proposals and, determined that the proposal from ACCION, Texas, Inc., best provided assistance to small business and that a contract with ACCION Texas, Inc., granting $50,000 in business incentives to assist, small businesses with an interest buy -down program, WHEREAS, City Council must approve each contract of the 4A Board; and WHEREAS, City Council deems that it is the best interest of the City and citizens to approve this contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCIGN Texas, Inc., which is attached hereto, is approved. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 11, 2008 ry . Smith' Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLEGDIR \Shared \GarySlagendal20o8\3 -11 \Res- AgmlSmaIIBus -4ASd ACCIONapprovaLdoc. Page 2'of2 Corpus Christi, Texas of ;2008 The above resolution 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 H a FG•oIR\ Shared \GaryS \agenda )2008\3 -11 \rtes- AgmtSmaIlBus 4ABd- ACCl0Napproval.doc AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES This Interest Buy -Down Program for Small Businesses Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and ACCION Texas, Inc., a Texas nonprofit corporation "ACC16N Texas "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Aet of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, ACC16N Texas anticipates, over the next five months, providing interest buy -down to 5.5° %o for approximately 7 loans with an average value of $35,000 to low and moderate income micro and small business owners in Corpus Christi to generate 7 new permanent full -time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas , that business development funds be provided to ACCION Texas, through this H;\ LEG -DIR\ Shared \GaryS \agenda\2008\3- 1I\ACCION TEXAS $50K interest buy-down 0802I9.doc Page 1 of 9 contract with ACCIQN Texas, to be used by Accion Texas to buy -down the interest on commercial loans to 5;5 %a interest for small businesses and which will result in creation of new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCION Texas agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from March 1, 2008, through July 31, 2008. 3. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $50,000 for the Interest Buy -Down Program as follows: ACCION Texas must first receive a request for a loan from a small business that has been in existence for not more than five (5) years located in Corpus Christi, or a business locating in Corpus Christi ( "Business "). ii. ACCIQN Texas shall review the request for a loan from the Business. iii. Upon ACCION Texas approval of a loan and prior to the closing of the loan, ACCION Texas shall submit Attachment "A" to the Corporation requesting fields to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5 %a. The Corporation authorizes an interest buy -down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5'.5 %n) / 12 = N N x number of payments-=interest buy down reimbursement to Accion for business loan. (The number of monthly payments shall not exceed sixty (60)) Example: ($10,000 x 7 %) / 12 = 5533 55.33 x 36 = $2,100 = amount to be reimbursed to ACCION for business loan. iv. The Corporation, shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCION Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. v. The total funds available on an annual basis under the Interest Buy -Down Program under this agreement is $50,000. b. The loans assisted with the program shall be within the range of $10,000 to $50,000: c. This program shall result in the creation of one permanent full -time job per every loan assisted with the Interest Buy Down Program. ACCION Texas shall ensure that the H:\ LEG -DIR\ Shared \Oarys \agenda\2008N3- 11\ACCION TEXAS $SOK interest buy -down 080219.doc Aaaa 7 nf'Q. loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. Unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCION Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the bank \credit union. ii. Located in or locating in Corpus Christi city limits: A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. iv. Current on payment of all sales taxes. v. Current on payment of all ad valorem taxes in the City of Corpus Christi. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home -based businesses' located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v: Business retention. f. ACCION Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy -Down Program, and other reports as requested by the Corporation. g, ACCION Texas shall provide funds for operations and loan capital to implement and sustain the program h. ACCION Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation.. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. ACCION Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. 1L\ LEG- DIR \Shared\GaryS\agenda\2008\3 -1 I\ACCION TEXAS $50K interest buy -down 080219.doc Page 3 of 9 d. ACCION Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying, the number of full -time permanent employees employed by the small business. e: ACCION Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. S. Buy Local Provision. a. ACCION Texas agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Local Offices. Two staff persons of ACCION Texas offices shall be located in Corporation designated offices or a mutually agreeable location. Representation on ACCION Texas governing board. ACCION Texas agrees to appoint a person designated by the Corporation as a member of ACCION Texas governing board. 7. Warranties. ACCION Texas warrants and represents to Corporation the following: a, ACCION Texas a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ACCION Texas has the authority to enter into and perform, and will perform, the terms of this Agreement, c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. ACCION Texas has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. HS\LEG -DIR\ Shared\ GarySlagendal2008 \3.11\ACCION TEXAS $50K interest buy- down '080219.doc. If an audit determines that the funds were not used for authorized purposes, Accion Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCION Texas are duly authorized to execute this Agreement on behalf of ACCION Texas. 10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County and City governments. 11: Non - Discrimination. ACCION Texas covenants and agrees that ACCION Texas will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure If the Corporation or ACCION Texas are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Accion Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes, relied upon. 13. Assignment. ACCION Texas may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. ACCION Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ACCION Texas activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemmtees. ACCION Texas must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. H:4 LEG- 1)IR \Shared4GaryS \agenda42008\4 -1 t ACCION TEXAS $50K interest buy -down 080219.doc Page 5 of 9 15. Events of Default. The following events constitute a default of this Agreement: a: Failure of ACCION Texas to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of ACCION Texas contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; e. Any judgment is assessed against ACCION Texas or any attachment: or other levy against the property of ACCION Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCION Texas makes an assignment for the benefit of creditors. e. ACCION Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCION Texas become delinquent, and ACCION Texas fails to timely and properly follow the legal procedures for protest or contest. g., ACCION Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that ACCION Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCION Texas in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for ACCION Texas to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACCION Texas, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ACCION Texas shall immediately pay $50,000 to Corporation, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of' expiration of Cure Period until fully paid. b. ACCION Texas shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. e. The Corporation shall have no further obligations to ACCION Texas under this Agreement. CIDOCUME- 11.1eannie \LOCALS:- 1 \Tenlp\ACCION. TEXAS $50K interest buy-down 080219.doc Page 6 of 9 Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law, 18. No Waiver. a No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement, b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver, or indulgence of ACCION Texas' default may not be considered an, estoppel against the Corporation. d. It is expressly understood that if at any time ACCION Texas is in default in any its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Attn,: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation:: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the foliowing address: Hi\ LEG -DIR\ Shared \GaryS \agenda12008\3- 11\ACCION TEXAS $501( interest buy -down 080219.doc'. Page 7 of 9 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and ACCION Texas will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that, any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. H:\LEG -DIR\ Shared \GaryS \agenda\2008\3- 11\ACCION TEXAS $50K interest buy -down 080219.doc Page Rof9 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole A eement This Agreement constitutes the sole agreement between Corporation and ACCI N Texas. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Corpus Christi Business & Job Development Corporation By Eloy Salazar Chairperson Date; Attest: By: Armando Chapa, Assistant Secretary ACCI6N Texas, Inc, By Janie B era President and Chief Executive Officer Date: 49— y -a % THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on # , 2006, by Janie Barrera, President and Chief Executive Officer for ACCION Texas, Inc., a Texas non -profit corporation, on behalf of ACCION Texas, Inc. Notary Public State of Texas CADocuments and Settings \bgutier ei\Local SettingsATemponary Internet Files \Content.0utkwk10B8MIA7R\ACC1ON TEXAS $501( interest buy -down 080219 (2).doc Page 9 of 9 Page 1 of A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO ACCION TEXAS, INC., FOR AN INTEREST BUY -DOWN PROGRAM TO ASSIST SMALL BUSINESSES IN CORPUS CHRISTI WHEREAS, there is a need for a project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the business incentive agreement with ACCION Texas, Inc., (ACCION) for an interest buy -down program to assist, small businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute the project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the business incentive agreement with ACCION for an interest buy -down program to assist small businesses in Corpus Christi, which is attached hereto. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 29, 2008 G Smith Assistant City Attorney For the City Attorney Henry Garrett Mayor _.,. a en "I a.,,,aMAn..,LeARri.rie„_.ar ItIN nne Page 2 of Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal Jo hn E. Marez Nelda Martinez Michael McCutchon HAI F!] MIPICharad5f on Clanandel9/ 11A1Re111Paa- PmianiAnmf.6AAd- City— AC:CIfN rinn BUSINESS INCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement (" Project Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190..6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007;, WHEREAS, ACCI6N Texas, Inc., (ACCI6N) has submitted a proposal to the Corporation to request business incentives of approximately $50,000 to be used to assist ACCION in its operation of an interest buy -down program to assist small businesses in the City of Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to ACCI6N; WHEREAS, the Corporation and ACCI6N have executed an agreement to grant business incentives to ACCION for the interest buy -down program to assist small business employers (Business Incentives Agreement). ACCION Project Agreement 4A- City.doc H;V LEG- CIRISharetliGarySlegenda1200813- 111ACCIGN Project Agreement 4A- City.doe Page 1 of 3 In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to ACCIc3N for an interest buy -down program to assist small businesses s between the Corporation and ACCICN. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement, 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable ACCION Project Agreement 4A- City .doc H 1 LEG- DIRISharedlGeryS tegentla1200a13 -11ACC ION Project Agreement 4A-City y dao. Page 2 of '3 clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation George K. Noe City Manager Date: Attest Date: Armando Chapa City Secretary Approved as to Legal Form this t9 ay of February, 2008. Gary W Smith Assistant City Attorney for City Attorney ACCION Project Agreement 4A-City.doc H1 LEG- DtR\ShafecSGaryStegende @C0a \3 -11 WCC ION Project 4A- City .dOC Page 3 of 3 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by Barry Box, Executive Director of the Buccaneer Days Commission, regarding bringing an air show to Corpus Christi's Bayfront in October 2009; headliner US Navy Blue Angels. STAFF PRESENTER(S): Name Title /Position 1. Sally Gavlik Director 2. Michele Thomas Beach and Bayfront Manager OUTSIDE PRESENTER(S): Name Title /Position 1 Barry Box Executive Director 2. Jane Ritter Events & Volunteer Manager 3. Capt. Timothy Coolidge Commanding Officer ISSUE: N/A Department Parks & Recreation Parks & Recreation Orstanization Buccaneer Days Commission Buccaneer Days Commission NAS Corpus Christi BACKGROUND: The Buccaneer Days Commission, founded in June 1938, is teaming up with the City of Corpus Christi's Parks and Recreation Department to bring an upscale air show to the Corpus Christi's Bayfront in October 2009. The Blue Angels, the US Navy's Flight Demonstration Squadron, were officially recommissioned on October 25, 1951, and reported to NAS Corpus Christi, Texas. The Angels remained in Corpus Christi until the winter of 1954, when they relocated to their present home at NAS Pensacola, Florida. In recent years, attendance at the air shows has decreased due to the high levels of security at Naval Air Stations. The Blue Angels have approached the City of Corpus Christi and the Buccaneer Days Commission to move the air show from the Naval Air Station to the Bayfront. Both department and organization have begun preparing the foundation to coordinate this event. REQUIRED COUNCIL ACTION: none �U v Sa y G ra Director Parks and ecreation Blue Angels Air Show Event Overview Prepared For ea,4 eosbad evae City Council by March 11, 2008 Background The US Navy has been hosting the Blue Angels Air Show every other year at NAS Corpus Christi for many years. The Navy has been in charge of all event planning and air show operational details and finances. The 2007 Blue Angels Air Show at NAS CC was the last show that the US Navy will host on base due to changes in base operations and increasing security focus on the base. The US Navy has asked the City of CC to take over the Air Show beginning in 2009 and has offered to assist with the planning and preparations. The City of CC has, in turn, asked the Buccaneer Commission to take a lead role in the event planning for a 2009 show. The US Navy has a continuing interest in seeing the air show continue an every other year performance in CC and has offered to be a strong partner with the city and the Buccaneer Commission in future air show events. . J Key Partnerships and Roles The US Navy • Air Operation Support — To include flight hangars, air maintenance and support personnel, air traffic control and coordination, and support • Air Show planning and management expertise. • On base housing. The City of Corpus Christi • City Services o Event Site on City Property o Security o Streets o Parks and Rec o Solid Waste o Other related services and personnel • Financial Support of the Event o For the planned air shows in 2009 and 2011, the City of CC has agreed to underwrite any financial shortfalls from those event operations. o Waiver of fees for City Services in support of the air show. The Buccaneer Commission • Event Planning o Operational o Financial • Organizational Oversight and Leadership o Event Chairman o Volunteer Coordination • Community Organization Liaison and Coordination • Promotional Coordination Title Sponsor • Branding Event As Key Community Partner • Financial Support • Promotional Support • Operations Volunteer Support Who Benefits From The Air Show and How? 1. The U.S. Navy a. Continuation of the Air Show tradition and the recruiting value it affords the US Navy in South Texas. b. Would no longer be on the point for the event planning and financing. c. Alleviates the concerns about admitting the general public to a secure naval facility. 2. The City of Corpus Christi a. Would be beneficiary of increased hotel /motel tax revenues generated by event. b. Would be beneficiary of sales tax revenues generated by the event. c. Would be beneficiary or positive publicity this event is likely to draw to continue the focus of the CVB. d. Would retain the event without city staff having to assume responsibility for event planning. 3. The Buccaneer Commission a. Surplus funds would be used in part to fund the Buccaneer Commission scholarship fund to increase scholarship awards to local youth. 4. Participating Local Non Profit Agencies a. Fundraising opportunities at event b. Volunteer Recruiting opportunities 5. Title Sponsor a. Brand identification with largest community air show in South Texas b. Strong identification as leading supporter of major community event Blue Angels Air Show Details The Blue Angels mission is to enhance the Navy and Marine Corps recruiting efforts and to represent the naval services to the United States, its elected leadership and foreign nations. The Blue angels serve as positive role models and goodwill ambassadors for the U. S. Navy and Marine Corps. The Blue Angels team made their home and flew the new faster version of the Panther, F9F -5 jet out of NAS Corpus Christi for 4 years (1950 -54) during the Korean Conflict. They are presently based out of NAS Pensacola, Florida. The Blue Angels are scheduled to fly 66 air shows at 35 air show sites in the United States during the 2007 season, as the team celebrates 20 years of flying the F /A -18 Hornet. The 2006 show season brought out more than 15 million spectators. Since 1948, the Blue Angels have preformed for more than 427 million fans. The Blue Angels Air Show is a FREE event featured over three days. The most exciting military and civilian air acts in the world in an over the bay sky show, T- Heads, L -Head, Bayfront, and park festival areas featuring recruitment booths, and a Kids Area from 10 am to 4 pm daily. Event to be held on the beautiful Corpus Christi Bayfront. The Air Show will be flown over the bay as close to the shoreline as safety regulations will allow. A map detailing the air show performance rectangle is included with this proposal. Land based entertainment events will be conducted during the show to entertain guests before, after and during air show event. Planned events to include: • Food and Beverage Vendors • Musical Entertainment on a main stage • Kiddie Entertainment Areas • VIP Chalets for public and corporate use The Air Show will be held on Saturday and Sunday of the event from approximately noon through 4:00 pm. Numerous air show acts will precede the grand finale, a 45 minute flight demonstration by the US Navy Blue Angels air team. Tuesday Wednesday Thursday Friday Saturday Sunday Tentative Air Show 2009 Timeline Week of Event Air Show Set Up Site and Command Center Blue Angels Arrive - Briefing Blue Angels Media Rides - 4 hours Blue Angels Practice Performers Arrival and Media Rides - 4 hours Blue Angels Practice - 2 hours Performers Practice - 4 hours Blue Angels /Sponsorship Air show - VIP Party -- Evening Performers Show - Noon - 2:45 PM Blue Angels Show -3:00 pm All Air Show Participants/Volunteers VIP Party— Evening Performers Perform - Noon - 2:45 PM Blue Angels Perform -3:00 pm Performers and Blue Angels leave Corpus Christi Scheduling the 2009 Air Show Dates The Blue Angels Air Show schedule is an annual decision made by the US Navy Blue Angels after reviewing bids from air shows across the United States. The Corpus Christi Blue Angels Air Show committee has the responsibility of requesting event dates through the formal request channels and timeframe. Much input has been sought from the Blue Angels Air team, the US Navy and local tourism stakeholders who would potentially benefit from the Air Show to request dates that will best serve the Corpus Christi community. Accordingly, we plan to submit our request for 2009 dates by the second quarter of 2009 based on input we have received. At this time we are planning to request three weekend dates in October, 2009. A four year history of past Blue Angels air shows is enclosed with this proposal. c O 0 d J Buc Days Buc Days Bayfest Corpus Christi? Corpus Christi? Corpus Christi? !Location ! 20091 A off 666 A —01 A 1,N6 e4 n nl ¢¢ n a ¢ins N- T A >J >. > co E ',coo A 2777 Nr J J J Mm c335= J M N -N r =000 Mha J J ¢¢¢ J N . a n J d d «woom N4 ^ d DN 0000 0U N00N U U UO OZ 66 > El Centro, CA Sacramento, CA 1i OFF - Easter NAS Meridian, MS Kingsville, TX Smyma, TN Peoria, III Vidalia, GA Ft. Lauderdale, FL Bossier City. LA Andrews AFB, MD USNA USNA Fly By Jones Beach, NY OFF Cherry Point, NC 1 Quebec, Canada Davenport, IA Huntsville, AL Traverse City, MI Pensacola Beach, FL Duluth, MN Twin Falls, ID v I0 A d Spokane, WA Chicago, IL OFF Cleveland, OH NAS Brunswick, ME Eau Claire, WI NAS Oceana, VA 1, Grand Junction, CO San Diego, CA San Francisco, CA Little Rock, AR Jacksonville, FL San Antonio, TX Kenedy Space Cen. FL NAS Pensacola, FL 1 e2 N a s h4N R a= 2¢¢¢ 11 Npr a>. 0 A ��� /466 >. A A >. A N >.c A i 6 "' (DAN c c c '' N j 777 j j j 7 7 r N 1 -AugJ calm A 7¢¢ 050(:, J J N rnO.n J d ¢00000 NM��N n d d n d 8888 Mr TT r 8 rN >> 8 0 0 ZZ r/l,1A .. Location El Centro, CA Davis Monthan AFB, AZ Tyndall AFB, FL__ McDill AFB, FL OPEN NAS Corpus Christi, TX NCAS Beaufort, SC OPEN Offutt AFB, Nebr. _ J Seymour Johnson AFB, NC La Crosse, Wisc. USNA, Annopolis, MD Millville, NJ _. Rockford, ILL Tinker AFB, Oklahoma Fargo, ND North Kingston, RI Battle Creek, Mich. Ypsilanti, Mich McConnell AFB, Kansas Pensacola Beach, FL Bozeman, Montana _ d N y Hillsboro, Ore OPEN Indianapolis, Ind. St. Louis, MO NAS Oceana, VA NAS Brunswick, Maine Millington, Tenn. Salinas, CA NAS Oceana, VA Kaneohe Bay, Hawaii Ft. Worth, TX Muskogee, OK Jacksonville Beach, FL NAS Pensacola, FL o N 10-Mar 17 -Mar 24-Mar 31 -Mar 7 -A •r 14 A[r n a N •. (0 N A N >;>; N 7-r!!!! l y N .= .. W WW Tr^ �2 'i W ' W �2 /-/(� 10 N 8 0 O 0 8 00 0 0 N N 44 t Jl W El Centro, CA Sacramento, CA 1 Tampa, FL • NAS Kingsville, TX C J Charleston AFB, SC OPEN Y o OPEN Ft. Lauderdale, FL NAS, Ft. Worth Andrews AFB, MD USNA, Anno•olis, MD USNA, Annopolis, MD Jones Beach, NY Davenport, Iowa Quebec City, Canada The Netherlands Westfield, Mass Traverse City, Mich. 1 R dl J a Pensacola Beach, FL Sioux Falls, SD Dayton, Ohio 0 m 0 Elmendorff AFB, Alaska China. o, ILL OPEN Cleveland, Ohio Cleveland, Ohio Kansas City, Kansas Lincoln, Neb. Nantucket, Mass. San Francisco Miramar, CA Goodyear, Ariz. NAS Jacksonville, FL Little Rock AFB, Ark. NAS Pensacola, FL O r N .= N 1iiii G N 0466 X N0 y 0 NN 00 ZZ 40 M 0 _1 El Centro, CA Punta Gorda, FL OPEN NAS. Ft. Worth, TX NAS, Corpus Christi, TX (Wilmington, NC ¢ 0 1 1Charleston, SC Cherry Point, SC Barksdale AFB, LA Dobbins AFB, GA USNA, Annapolis, MD USNA, Annapolis, MD Willow Grove, PA McGuire AFB, NJ Janesville, Wisc. North Kingston, RI Evansville, Ind. (Pensacola Beach, FL zz d A Milwaukee, Wisc. Muskegon, Mich. Kalispell, Mont. < = M Grand Junction, CO O OFF Indiana •olis, Ind. NAS Patuxent River, MD NAS Brunswick, Maine NAS Oceana, VA Gainesville, FL Millington, Tenn. San Francisco Miramar, CA NAS Pt. Mugo, CA Chattanooga, Tenn. Jacksonville Beach, FL NAS Pensacola, FL anus � 0 A n0 O r 00 b 0 22 -Oct 29-Oct >> 00 ZZ N r . o o N o N � d N N n ¢¢ N a O, an r cl- >> A A ¢222222 a 4 N N N N ccJ � c oH 35535 N O f 3 O N M O ¢¢¢¢ O � O J N N 1 rN M .700/.. M Ol O r r rr NN rrrr O 1-.000r N N N M N N V l0 N N lO l- O> A N N N N O M M N M M V M M NW NM 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on Street Maintenance Committee Report STAFF PRESENTER(S): Name Title /Position 1. Andres Leal Jr. 2. Angel R. Escobar 3. Jeffrey D. Kaplan Asst. Director Interim Asst. City Manager Director OUTSIDE PRESENTER(S): Name 1. NONE Title /Position Department Streets & Solid Waste ACM, Public Works Streets & Solid Waste Organization ISSUE: Direction is required from Council regarding funding options and street maintenance effort timelines for staff to continue with the evaluation. BACKGROUND: City Council has made improving the City's street infrastructure a priority goal. A Committee of staff and community leaders have made their initial report on the issue. REQUIRED COUNCIL ACTION: Approval of Staff and Committee recommendations and direction on certain items. ATTACHMENTS: Power Point Slides Street Maintenance Committee Report CD co z 0 •- Ea E z OW 2 O O 1- V W n/ CU O2W •— Li O 4.425 U L z .1.+ 0 0v --_ 2 U }' fi■■ ii i O cn L C C .0 cy) O C O O alE L o) C S _ U 0 ca•" 'U R _ c a M as O U 0o — 2 L CD -o co O o O O= O c= > RS pa) s.., C73 ElLs "E E c = ±"i :4•°- E 0 L O (n cnO -Q o) O, a) j > a) .F5 CA _O0 U N N 0 0 U L Q)OOU (—L3 X4_0 tn =000 • DC L -- O j c73- a3 cn0cO.L °0 �0U faL. a)0 0 -0ai o 6- a Q I Z 0 0' > c 2 O O c �> co cn ) OQco L n Oo0)«i0_ (13 wcwE ( 000 0 I II) C0 O cc ocoo_ eaders was convened 0 O N �^ Nc C 'L CO Q N p > c Il ct L cn up O d) E c co E O E n- U UO c Ctn 0 p0 it 0 a ) 0 cc,),) N c 0 U O= E8 c.0 O0 ON •)I O•— 0 CD a3 = u) E 2 E § o E Er- 0 .cn of U--) HOC O-a Ov O U -C C n c n .Cn H CO H CO i— -0 4-' C • 0) — V) V 5 0 m N 7 °a 0 cD O C = - J C N OZS N 2 L L ) 2 N - N H ® C N C 0°a•�� as ca O O U a C U L L C W L cc co 0 0 C '� O G o a) .- r NU 04_OO a iwQa�o U Y o U o CV 0 co co oiwom aoQa O U Staff Members N City Street Pavement Network: in O o co co co a) co D c co cii 1 d) L +J 0) 0) .co t co L o U a) 0 0 N r a) 2 c Network Center co O H c ct O CO o N N N 2 E E E ai r 4 c0 M r Imo- N r CO Network Square Yards: co O i- — Residentia ectar Streets: M Street Services -Work Efforts / Demands: a) > co > 2 >, o c ca s' c a E 2_ a a) a) U c _ co c 'ca ca E N too t L c -Fa co a)o- (p Y I- c C CDC E ure repair,' utility cut ct co >a c a) aN o 12 > a _c o cc c> O U co a) -0 CO -C 0 a) E (1) CU C Q Q D C = co o co N 4- "� v,0 ID O o E N • u) c ips a) a c _o •— c .0 a) ca coN o(i) as nc -0 C a) ca v) L a) �[ .� C Ca o ca cde o ca 4- .•.r co a) O cu co }'cc o N o co (Li Q Nja > coy c -4--r Li CD C L Q ( ) co N Street Services - Work Efforts i Demands (Continued): in N 96- F O '> v U co t6 rn D .c c 0 t6 -D E O O E P co E t 0 = _0 0 L 0) L 0 0 •n, rn c 4) ca ` 4) N Q O i U U c �_ 0 Q C o f a) U m ; rn o a� n cv O 1-,9 o > •c O o c _E . a. o c U c E -O 4 O Q N >, co n cu s- _0 N N W Q. >, d) U.5 Z D Z o O 0_ I I I 1 1 1 1 - Street Maintenance Assess Pavement Condition: E - ct3 CD >�p c ai �O c (.• ,) Q n � Nr o �— N N= Nct 0 c N � v .›'N o 0) X V c a) (a co c a) a) 03 C LN 73 L C Q cn ' 0 O L c >/ N ca"E U) xo Q .JQX) C =a) N D• p p �c _ O co p Q) u) Q) ;,.�, 4(U" =N Q c Q)>;g N 0}' E o0i o ELc) N >w 0 ...r�(� Q) p }, N 0 cu 0 a as �Np % Eli a) N . p =4) O- cI) E� .4 L EeV >73 w U0_a3o _C c coo Q -a0 Q .>Qr 4-0 >,� —cc 0"0 �cao I I ca a) o L o o 2 2 a o o � O Q) 8 cn �� a) r >4• W N 0� p �� i3O_ o 0n Q0cu0O N0 >0 ��€ 0_ -5 a) r CO WO I-05 (0 etwork: Action Needed Reconstruction Mill / Overlay Level & Seal Coat Crack Seal & Seal Coat Action Needed Reconstruction Mill / Overlay Level & Seal Coat Crack Seal & Seal Coat ill Street N LL CD 11 4 Alleys Sy's 0 o 284,933 Arterial Sy's OLD 0 25% 0 1 4,489,531 284,933 N/A N/A N/A 2;046,528 708,132 1,125,170 609,701 C..'. Ce ILL > Q'' I' Residential Sy's 34% o 0) 22% 25% 10,312,928 Industrial Sy's 1 0 0 23% 24% 23% 4,342,355 3,501,414 1,980,826 2,266,672 2,564,016 1,318,221 0) 0) a 0) O) 1, 025, 576 1,018,567 ■. ■ ma al o 56 -70 71 -85 86 -100 TOTAL 0 u 56 -70 71.85 86 -100 TOTAL 0 0 Category Poor Fair Satisfactory Good Category 1 good L M U Satisfactory Good co a) c a) _a i co CD cu n >.� V CD a) L o o LL co as CD Et pc cu U (45 ca E N V) L than the annua infrastructure. co 0 0 0 Z co L c cp 0. Av', W O 1Z C r3 �/L L I O - • O 0 0 L Cl) $550,000,000 sae ioa $425,000,000 $275,000,000 $135,000,000 N U0 V O co Y-- O 10 O w 0 COO O O O CO Ails • July 2004 July 2005 co 0 Oi N O co" m O O U0 10 CO 0 0 N W co co 0 O C7 N O (0 N V 10 m r co co O N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO- co LO v co c.1 spasj, aasnbs Network Needs Str. Div. Work — Bond 2000/2004 smiioa 0 o 0 0 0 0 O O 0 0 0 Oo 0 0 0 0 0 O O 0 0 0 O O O 0 0 0 00 CO- O N V CO- ✓ V co N r CO- el Oa ea ea ea ea _I cri c Z ■ea ea cts O .0 I O vimi + v L O tis) U • 0 0 Q CO oo 0 a) 0 (0 (N- O O N m 0 O N 0 a) LO 1(3 0 T 3 7 N m r O O 10 N O ti 0 O m O 0 OD OD- 0 CO CO 0 0 0 0 N OD OD OD N N P-- 05 0 0 10 0 m 0 0 O V 0 0 0 0 Cr; r 0 C r 0 0 O o o O O 0 0 0 O O 0 0 0 0 O O 0 0 0 0 O O O 0 0 O N O CO N r r spasj, aasnbs Network Needs Str. Div. Work T c 0 0 m u) co O tui i 7) .O Cas G Q 0- 0 E co L in street reconstruction in street reconstruction in street reconstruction street reconstruction through r Committee Concerns: alified workers ttract', qualified c 0 vi U .0 N O Q, L C = .� U D co O -0 (t3 C C 0-0 N 0 • - p) -o 0 cu c ca N N c N O c C N E 0 U U N 0 V) N N c P as N O co C - N w (>3 O •N >. = CU CD CO cn N 0 N C W in t co N -0 p N O as t/1 c-0 N ON 5 ca— O N ca) i U N c to 0 O 2 .co pa 4-/ (1) 8 i N c UUaH i0 co _ca I I I U 0 Concern over using bond funds for street maintenance. c -0 is O N to E0 O 0 • = O cQ Ec a) N Zit tV o --Fa tl A 4— 0:,_., 0 j� N co O =c0 C 0 Q) O E 0 rs- -ca co F-caca ow given market to to 0) E N 0 0 tau E N N to co U O 0 ._ N r Committee Recommendations: u) r O 9- c 0 c O U a' 0 U 4- (t3 /) 13 N O O 0 c W L rn a) (nn 2 cC C O c U To c c co E d) L c U 4) To be the next most expensive form of maintenance. and these streets wi acement. with curb and gutter /driveway rep M r 4) . U N __ _ O� T2 N (0- -0 .0 cE / Oa QC . �N o N n c o _ 2 (a o ■O (n _c -= i) (a D 0 as as N Q o I- L CO c U_ ai a) c N 0) 4, as o _r2 ai n � a) C CU co Q O X ▪ N O r r }• O o�� c O U .,▪ .r U t O = O 0 0 o o O 0 D c (a Priorities were based on Arteria ector Streets in o 0 c o co mC W It a I O 0- contract approx. 1M Sys /yr L > 2 fa rn 0 co C X O ; 2 I, L I CO a «0 (Si >+ c N O .> Q 0 . contract approx. 0.456M Sys /yr Approx. cost - $1.8M /yr N N 0 N L rn 11) L CtS U. C 23 a) L tei 15 v a 0 - 0 0 c o co • �L.r L Q 1 N > 4 : - O 'c a. c .2 La c O 0 O E a O O 4) L CD 2 L- O c CO W >,•- CO cn 2 U_ ti E N x. co O }' N L Q N Q� contract approx. CD 0 Q 1 c CO a .. N O .>Q LL 0. Approx. cost - $13.84M/yr (Si O 0 contract approx. 0.17M Sys /yr (5 O D Q I c (a a co O > N I- Approx. cost - $6.92M /yr (0 ector Streets in 0 0 c as co W t a el L 0- O IFI i 0 0 0 0 a c 0 1 c 0 L /� 0 0_ 0 N (1) M X 0 a Q contract approx. 0.29M Sys /yr c O D c co Q L co a) c I- Approx. cost - $25M /yr continue to rework residentia L �/> ( ) 2 in O 6 X O a to 4- 0 ^N` W 4 U v! 2 current funded street reconstruction wi co c CD N�1� L L 8 a) c c LL O c to 4- O L a co 0 L co co d) c co c .(0 E ..P It In a Extended $622,145,352 0) 0) CO N V O LO (A CO h- N CO 0) O N L $14,672,994 $808,227,991 Estimated $87 V a LO h- V EA 0 LO EA Street Maintenance Estimated Cc PCI 1 Residential 1 Alleys 1 Industrial 1 Arterial 1 Total 0-55 1 3 501,414 284,933 1 318,221 2,046,528 7 151,096 56-70 I 1,980,826 I N/A I 979,991 I 708,132 I 3,668,949 71-85 I 2,266,672 N/A 1,025,576 1,125,170 4 417,418 86-100 I 2 564,016 I N/A I 1,018,567 I 609,701 I 4 192,284 TOTAL I 10,312,928 I 284,933 4,342,355 I 4,489,531 I 19,429,747 ICondition O 0 d Satisfactory 1 Good 0 CO N 0 N N LO LO Co City's Bond Program . mprovement Tax d) d) L.L. c O to L 0) W n/ a) D V) lc \ c d) L 12 > X - — co N O N ÷ 3 to -o 73 V) 0 LL Q w Future Tasks: -a-; L- -0 0) i O N j N U D p Q -0 � 0_ co . O N D V (a O 2 a) c c co U D - .— O N O O U a) O L) n (0 sa cu c cm O P O c U +� N E �� 4_-c c 2 co • (o co «s (D Q) (o O U_ r - = =c NN co �O 0> E NV co },O }, (o U _c ''-' N -0 N 0 a) O� V N N-0 co� O N t 0) O a) _ D O 4) 0 to �_ U c O N +a n (o O 5 N 1+ rt 0 c (n a , 4-+ � L N N ai O =U O �� �� O0 0- D D. "-O Q (Q d) rO —c N� J5V a) cu VO N� co =O O O N +-� 0. - 4) >cu O 4)0 0)to Oc_ O2 N0 WE 0cc5 cC.S OEO Qa (nco expertise to provide assistance on tasks 0 N N c 0 ^� W 0 STREET MAINTENANCE COMMITTEE CONCLUSIONS AND RECOMMENDATIONS REPORT Objective and Background: Over the past several years, street maintenance and the overall aging condition of the City's street infrastructure has become an increasing concern for the Community as well as for City Council Members. City Manager, Skip Noe, requested that staff seek the assistance of a select panel of community leaders (with testing, engineering, pavement and construction experience) to develop a 5 to 7 year plan to improve the quality of our city streets with priority emphasis given to arterial and collector streets. The committee of staff and community leaders was convened and met to discuss the issues. The committee met on Feb 12a', March 6a', and April 2nd, 2007 and Jan 30, 2008. The following is an initial report of the committee's review, analysis, discussions and conclusions in summary and outline form. Committee Members: Chris Dorang Darryl Haas Mark Rock Pat Veteto Sam Beecroft Ron Massey Jeffrey Kaplan Andy Leal Eddie Houlihan Angel R. Escobar, P.E. Community Members CH2M Hill Haas Anderson Construction, LTD. Rock Engineering and Testing Laboratory, Inc. Russell - Veteto Engineering, Inc. Beecroft Construction Staff Members Assistant City Manager Director of Streets & Solid Waste Services Assistant Director of Streets & Solid Waste Services Assistant Director of Management & Budget Interim Assistant City Manager City Street Pavement Network: The City's street pavement network consists of residential, collector, arterials streets, and alleys as follows: Total Network Centerline Miles: 1172 Total Network Square Yards: 19.4M Sy's Residential Streets: Industrial/Collector Streets: Arterial Streets: Alleys: 716 miles 240 miles 183 miles 33 miles 10.3M Sy's 4.3M Sy's 4.5M Sy's .28M Sy's 54% 22% 23% 1% Street Services Responsibilities: Street Division responsibilities are as outlined in the handout depicted in Attachment I, which was given to the committee for review and analysis. Street Services — Work Demands: The current work effort for Street Services, listed below, are and have been predominantly reactive and repair type maintenance with limited preventive maintenance. The main areas of focus in reactive activities are pothole repair, base failure repair, utility cut repair, and pavement repair on City property. In preventive maintenance the ongoing support of the PAVER program and preventative crack -seal and chip -seal work is done as conditions permit. Mill and overlay work has been unfunded throughout the years and has not been a part of Street Services maintenance program. Street reconstruction work has been funded on a very limited basis and has been preformed primarily on residential streets. This more extensive type work (street mill and overlay and reconstruction) has been left to do with the CIP or Bond programs. The following is a summary of work demand activities: - Citizen Complaints /Request for service - Utility Cuts (City Departments) - NIP and other special city programs - Upper management/City Council requests - Neighborhood Concept (doing whole neighborhoods instead of only a few streets) - Other City Department requests - PAVER Pavement Management Program - Street Maintenance Pavement Management/Maintenance: The "Micro -PAVER Program" is used to assess pavement condition and as maintenance planning tool for preventive maintenance on Residential, Collector, & Industrial Streets and are objectively evaluated. Because of the traffic volumes visual Assessment is conducted on Arterial Streets to determine the PCI. PAVER — PCI (Pavement Condition Index, 1 thru 100) -- -Uses pavement distress — type, severity, and quantity are calculated which leads to a pavement condition index ranging from 1- 100. Distresses include: Potholes, Ruts, Cracks, Alligator Cracks, Block Cracking, etc. Every two years we complete surveys of each street and compute the PCI, the overall pavement condition index for all City residential, collector, and industrial streets. The current overall PCI is 64, which is considered fair. Condition of Overall Street Network, PAVER PCI = 64 — FAIR: This includes only the residential, collector, and industrial streets. It is estimated that the arterial network PCI is also in the low 60's. The following table indicates the condition, categories, and PCI of the City's streets and alleys: Condition Category PCI Residential Sy's Alleys Sy's Action Needed Poor 0 -55 3,501,414 34% 284,933 100% Reconstruction Fair 56 -70 1,980,826 19% N/A Mill / Overlay Satisfactory 71 -85 2,266,672 22% N/A Level & Seal Coat Good 86 -100 2,564,016 25% N/A Crack Seal & Seal Coat TOTAL 10,312,928 284,933 Condition Category PCI Collector & Industrial Sy's Arterial Sy's Action Needed Poor 0 -55 1,318,221 30% 2,046,528 46% Reconstruction Fair 56 -70 979,991 23% 708,132 16% Mill / Overlay Satisfactory 71 -85 1,025,576 24% 1,125,170 25% Level & Seal Coat Good 86 -100 1,018,567 23% 609,701 14% Crack Seal & Seal Coat TOTAL 4,342,355 4,489,531 Street Maintenance Funding — Less Than Annual Requirement: Street maintenance funding at the division level has been less than the annual requirement to maintain our street infrastructure. Since the Streets Division presentation to City Council in December 2003, the graph shown in Attachment II has been updated with information through 2006 and identifies the growing difference between the street maintenance needs and funding levels that have been appropriated to the Streets Services Division budget in the aforementioned time period. Graph la and lb also show the difference between the street network needs and the Street Services Division work performed. Street Services Division — Approximately $7 M/Yr. has been appropriated in the Streets Services Division budget to fund pothole repair, base failure & utility cut repair, level up, chip seal, rework. Even with the additional funding that has been provided in the past several years, price increases in materials have eroded our buying power for basic materials used in street work. The 2000 and 2004 Bond programs allocated approximately $15M and $56M, respectively to street reconstruction and expansion. Prior to these bond programs, the only other major street program was the 1986 Bond program ($46M in street work). See Graph la and Graph lb. GRAPH la 8,000,000 u 7,000,000 A 6,000,000 R E 5,000,000 4,000,000 Y A 3,000,000 R 2,000,000 D • 1,000,000 0 Street Reconstruction /Overlay Needs Collector and Residential Jan. 2001 Jan. 2002 Mar. 2003 July 2004 July 2005 Aug. 2006 Apr. 2007 Network Needs 3,266,248 4,255,357 5,304,668 5,718,691 6,029,208 6,365,601 7,780,452 Str. Div. Work 154,993 185,795 167,291 115,760 91,471 81,824 85,917 Bond 2000/2004 $550,000,000 D 0 $425,000,000 L L A $275,000,000 R S $135,000,000 GRAPH lb S Q 12,000,000 u A 10,000,000 R E 8,000,000 Y 6,000,000 A R 4,000,000 D • 2,000,000 0 Street Seal Coat Needs Collector and Residential $48,000,000 $40,000,000 D 0 $32,000,000 L L $24,000,000 A R $16,000,000 S $8,000,000 Jan. 2001 Jan. 2002 Mar. 2003 July 2004 July 2005 Aug. 2006 Apr. 2007 Network Needs 10,654,701 9,764,361 8,725,235 8,316,639 8,010,192 7,678,207 6,874,831 Str. Div. Work 803,465 1,119,076 916,506 1,016,576 517,325 753,583 722,367 All Major Street Work Has Been Thru Bond Programs /CIP — Less than Needed: 1986 Bond Program — Approximately $46M in street reconstruction and overlays. 2000 Bond Program — Approximately $15M in street reconstruction and overlays, affecting a total of approximately 298,094 square yards of the street network 2004 Bond Program — Approximately $56M in street reconstruction and overlays, affecting a total of approximately 626,751 square yards of the street network CIP Program — minor residential street reconstruction thru CDBG funding. Long term need: identifies over $520M in major street work (not including residential streets). Other Concerns: Labor force issues - Street Services has a total of 91 street maintenance FTE's of which 21 positions are vacant. Recruiting efforts have failed to attract and retain qualified workers. Committee acknowledgement of this problem which is also affecting local contractors is of concern. With this personnel shortage, qualified personnel are being sought after and paid high dollar. Contractors are making pay adjustments throughout the year to retain personnel. Labor costs will continue to grow as demand for these workers continue. The City is at a disadvantage related to competing to attract qualified personnel. The City's pay structure can not compete with the free market. The City has become a training operation of sorts for construction personnel; once trained, they leave City employment and move on to higher paying jobs with private contractors. However, it was felt that the City does offer a big advantage over private contractors and that is, more stable and security jobs less subject to lay -offs during slow times. Current street design standards, construction and inspection practices need to be reviewed. Many of our city streets are failing prematurely; some street start having spot failures as early as one to two years after construction. Concern over using bond funds for street maintenance was a topic of discussion. Some committee members question whether bond funds should be utilized for maintenance. They believe that a new reliable and dedicated funding stream such as a street user fee or gasoline tax should be used for maintenance and bond funds should be used for expanding capacity and improving design. Other committee members felt that the street design life should play a factor and rebuilding a 30 year old street (at the end of it s design life) with bond dollars would be appropriate. There was some committee discussion on the magnitude of the problem and the ability of contractors to perform the amount of work required in a short period of time. Some consideration should be given to balancing work with capacity of local market so that costs remain competitive. Furthermore, laying out a long term street maintenance work plan will help local contractors plan and gear up for this work. Proposed Actions: Address the streets in Good and Satisfactory condition first so that they can remain in that condition. These streets will be the least expensive to maintain and will need minor prep work prior to applying a chip seal. Approximately 8,600,000 sys of streets are in this category. Streets in the Fair category will be the next most expensive form of maintenance. These streets may be milled and overlayed depending on the overall conditions, traffic volume and other factors or will need base failure repairs, curb & gutter /driveway repairs before they are leveled up and sealed. Approximately 3,600,000 sys of streets are in this category. Streets in the Poor category will be the most expensive item and these streets will need some form of reconstruction (from recycling and stabilizing the base to complete reconstruction of the whole cross - section) along with curb and gutter /driveway replacement. Approximately 7,100,000 sys of streets and alleys are in this category. Street Services manpower and equipment has a limited capacity to increase production from current levels. While some increases can be achieved by filling vacancies and upgrading equipment with constant attention and training of staff to stay abreast of the most current methodologies utilized in street maintenance and repair. Contracting all or a portion of the additional street maintenance work will be necessary. Form a committee to review current street design standards, construction inspections methods and practices, and make recommendations to improve street performance and life. A street maintenance plan (such as the proposed street maintenance model — Attachment III) should be adopted that outlines the maintenance needed for the street throughout the streets life. Funding should be based on that plan. Continue to review and evaluate Street Services role and function as the expanded street maintenance and repairs are contracted out. Street Maintenance Timeline and Costs: The cost estimates shown below are based on the PCI condition of the street and recent construction bids received. These costs are averaged and are intended to show the magnitude of the situation. Actual costs need to be determined based on actual condition of the street at the time of performing the work. Condition Category PCI Residential Sy's Alleys Sy's Collector & Industrial Sy's Arterial Sy's Total Sy's Estimated Cost / Sy Extended Cost Poor 0 -55 3,501,414 284,933 1,318,221 2,046,528 7,151,096 $87 $622,145,352 Fair 56 -70 1,980,826 N/A 979,991 708,132 3,668,949 $41 $150,426,909 Satisfactory 71 -85 2,266,672 N/A 1,025,576 1,125,170 4,417,418 $4.75 $20,982,736 Good 86 -100 2,564,016 N/A 1,018,567 609,701 4,192,284 $3.50 $14,672,994 TOTAL 10,312,928 284,933 4,342,355 4,489,531 19,429,747 $808,227,991 % of Sy's 54% 1% 22% 23% Giving priority to Arterial and Collector streets, the following is proposed. Note that these Contract Costs do not address any residential streets at all. Priority 1— Arterial and Collector Streets in Good and Satisfactory Condition Approx. 3.78M Sys — Chip Seal Required Street Services performs approx. 0.3M Sys /yr Option 1: • Three year plan — Additional contract approx. 1M Sys /yr Approx. cost - $4.1M/yr Option 2: • Five year plan — Additional contract approx. 0.456M Sys /yr Approx. cost - $1.8M/yr Street Services will continue to chip seal residential streets at current funded levels of approx. 0.4M Sys /yr. Priority 2 — Arterial and Collector Streets in Fair Condition Approx. 1.7M Sys of Fair condition Street Services is not funded for mill and overlays Option 1: • Five year plan — Additional contract approx. 0.34M Sys /yr Approx. cost - $13.84M /yr Option 2: • Ten year plan — Additional contract approx. 0.17M Sys /yr Approx. cost - $6.92M/yr Priority 3 — Arterial and Collector Streets in Poor Condition Approx. 3.4M Sys of Poor condition Street Services performs approx. 0.05M Sys /yr Ten year plan — Additional contract approx. 0.29M Sys /yr Approx. cost - $25M/yr Street Services will continue to rework residential streets at current funded levels of approx. 0.05M Sys /yr. Funding for residential street reconstruction will need to be addressed as part of an overall comprehensive street maintenance plan. Committee Funding Options: The committee discussed several options for funding street maintenance work as listed below: City's Bond Program General Street Improvement Tax Street User/Utility Fee Gas Tax Federal Grants Additional Vehicle Registration Fees Future Tasks: Identify funding source for street maintenance needs. Identify, prioritize and schedule streets to be worked on. Develop a detail cost schedule based on a more in -depth assessment of the street condition. Review current design standards, and construction and inspection methods (including a survey of other municipalities with similar soils and proximity to materials). A committee of qualified staff and community leaders should be formed to review and revise current practices. Continue to assess Street Services funding level and type of maintenance work they do versus what should be contracted out. Adopt a maintenance model (such as that shown in Attachment III) that will maintain the street network in good shape and provide funding as required. ATTACHMENT I STREETS SERVICES DIVISION STREETS SERVICES RESPONSIBILITIES: There are three areas of operations in the street division. They are Traffic Signals, Signs, Markings & Striping, and Maintenance of Streets. MAINTENANCE OF STREETS: The Streets division maintains approximately 1139 miles of city streets, 33 miles of service drives, and 143 parking lots. Additionally, this division repairs all utility cuts done by city forces and performs construction and /or repair work for other city departments on a reimbursement basis. The current FY 07 budget for Maintenance of Streets is $7,892,684. The responsibility of the Street Maintenance division lies in the following areas: Preventive Maintenance, Reactive Maintenance, Utility Cuts, and Recycle /Rework (in- lue of Reconstruction). This work is accomplished with 91 employees. 23 are assigned to seal coat work 23 are assigned to level -up 6 are assigned to potholes 25 are assigned to base failures & utility cuts 11 are assigned to rework 1 crew 3 crews 2 crews 3 crews 3 crews 3 are assigned to hauling equipment/working the recycler /material yard Preventative Maintenance — which is basically techniques used for preservation of the structural integrity of the pavement cross - section. The basic theory behind pavement preservation is to apply relatively inexpensive PM to pavements at regular intervals to avoid much more expensive repairs later. For Street Service these include: Seal Coating leveling uneven areas, applying an asphalt emulsion and covering with aggregate rock providing for weather tight seal and a wear surface. Overlaying apply a minimum of 1.5 inches of asphalt to the street's surface after repairing distressed areas (Unfunded). Reactive Maintenance — which is the repair of failed or distressed pavement section(s). These include: Pothole repairs repair of localized failed areas in pavement Base Failure Repair repair of failed areas in pavement Level -up leveling of pavement depressions and settlements Recycle /Rework repair of large sections of street where the base material and surface layer are pulverized, re- compacted and a surface layer such as a double layer of seal coat or a layer of hot mix asphalt is applied Utility cut repairs repair of cuts in pavement done to repair underground utilities We are spending more and more of our time on reactive maintenance due to the inability to properly fund our preventive maintenance needs; furthermore, numerous drainage issues citywide only compound the problem as standing water on the street and along the curb & gutters seep into the base causing it to deteriorate. Surprising to many people, Street Services is not responsible for curb & gutters maintenance, it is the Storm Water Department responsibility. Many of the public's concerns perceived as street problems can be attributed to poor drainage and /or sunken/settled curb & gutters. It is therefore very important that as street repair work is performed, any street drainage issues need to be corrected otherwise the repair work will not last. This effort needs to be coordinated (between Departments) and priorities and funding realigned to achieve the desired result. Day to day complaints or request for service are handled through the administrative office and the City's Call Center and are documented in a complaint tracking/work order program. Every complaint/request for service is work ordered and given to an inspector which in turn physically inspects the problem area and makes a determination as to the type of work needed to repair the problem. This is done in order to effectively plan and deploy the right work crews for the job (an average citizen does not know the difference between a pothole or a base failure or the start of a cave -in). Citizen complaints are treated with priority and we strive to meet our response time goals. Internally identified work is prioritized based on severity and /or location proximity to other complaints. Weather also plays a big factor in our overall day to day operations and as you know extended periods of wet weather bring out the worst in the streets. Many more pothole and base failures occur during these wet periods than any other time, and because normal operations are suspended during this time most of the crews are assigned to pothole duty. After the last wet period, every crew was assigned to pothole duty for a period of about a week after we started to dry out in order to adequately respond to the many pothole complaints received. For longer term planning, the Streets division utilizes a computer software program called "Micro- PAVER" (PAVER for short) as part of our pavement management tools to help develop work strategies and plans on a network level, and assess the over all condition of the street network. The PAVER program was developed by the US Army Corps of Engineers, it is distributed and technically supported by APWA and is a program used throughout the country. Street Services has used this program for over 15 years. The City's street inventory network is set up in PAVER defining pavement sections for every street. As a statistical program, pavement sample sections are defined through PAVER on a random basis. The department street inventory inspectors then go through and inspect the sample sections for the various defined pavement distresses. PAVER defines 19 distresses and 3 severity levels, which are documented for each sample section. PAVER does not measure ride smoothness. The inspection information is then entered into PAVER for analysis. PAVER provides a quantitative street condition assessments based on inspection results on a scale between 0 -100 which we call PCI or pavement condition index. The higher the PCI number, the better condition of the street thus, we can define the overall condition of the network. PAVER is used to assess Residential, Collector, and Industrial streets. It has not been used on Arterial streets because the volume of traffic encountered on Arterial prohibits the measurements of the distresses. Based on the PCI a work strategy for that pavement section is developed. Street Services has used the following to use as strategy: PAVER PCI 0 to 55 Recycle /Reconstruct 56 to 85 Level -up and Seal 86 to 100 Do nothing (depending on age - Seal every 5 — 7 yrs) Using this process the street conditions are continuously being updated through inspections and maintenance work being performed. Although this is a continuous process, it should be realized that inspecting the entire street network takes approximately two years to complete and while the data is as accurate as possible some pavement sections have not been inspected for two years. The City's street network is approximately 19.1M square yards. The attached two charts illustrate the work assessment needs over the past years and a needs assessment vs. funded levels. As shown in the in the charts, the maintenance needs have out paced the funding levels every year and the deficit continues to grow. Current budget funding addresses only 36% of the Seal Coat, 3% of the Rework/Reconstruction work needs. Overlay needs have been unfunded (at the department level) for the past 10 year or more. Our work crews cannot address the needs of the community. The City has started to focus on these issues through Bond Programs. The 2000 and 2004 Bond allocated approximately $15M and $56M, respectively, of real pavement work. Before these, the only other major street program was the 1986 Bond Program (see attachment for details on the Bond programs). With this new emphasis, the City Manager has asked for developing a plan to improve the quality of our street pavement with priority on arterial and collector elements of the network. This plan should have mid -term goals of reaching a level of service within a 5 to 7 year period. With your help we hope to achieve this goal! ATTACHMENT II STREET MAINTENANCE NEEDS VS. BUDGETED GRAPH S Q u A R E Y A R D S 8,000,00 7,000,00 6,000,00 5,000,000 4,000,00 3,000,00 2,000,00 1,000,00 0 Street Maintenance Needs vs. Budgeted (Without Arterials and Overlays) I PM 1 min 1 1 rm 11 11 1 ril 11 11 11 1 Men • 11 1 1 1 1 li ip 1 I 1 Need Budge Need Budge Need B dge Need Budge Need Budge Need Budge Need Budge Need Budge 99 99 00 00 01 01 02 02 03 03 04 04 05 05 06 06 0 Recycle /Rework 0 Seal Coat ATTACHMENT III STREET MAINTENANCE MODEL 1 IS IMMO ATTACHMENT IV STREET BOND PROGRAM HISTORY 0 FD O 2 0 E-� Estimated Cost Sq Yds Description CD C 'E CD m C 'c CD m C 'c CD m C 'c CD Reconstruction & Widening Reconstruction Reconstruction &Widening m C c CD Reconstruction &Widening A N Q) 0 A N Q) 0 A N Q) 0 A N Q) 0 A N Q 0 Reconstruction m 'c CD Project Name 1986 Bond Hdly Rd - Ayers to Rodd Fidd Waldron Rd - Compton to Purdue McArdle Rd - Ayers to Carroll Ln McArdle Rd - Carroll Ln to Everhart Airline - Holly to Saratoga Ayers - Santa Fe to Norton Greenwood - SPID to Saratoga Nile - Pharaoh to Ennis Joslin Redbird Ln - Calallen to IH -37 Alameda - Doddridge to Louisiana Santa Fe - Robert to Louisiana Everhart - SPID to Saratoga Weber - Staples to SPID Leopard - Rand Morgan to Rehfield Agnes - a N 0 N L 0 L•) CO I— V 0 L() cO cO N 0 L() N N V O O 6) O O 6) O 0 N CO) I� $231,800 O 0 0 CO N O 0 CO N- O) O L() I— V V O L() N LO cO O 0 6) 0 LO O 0 0 CO O) O O O O O 0 O N N 0 0 LCD N 2,240 6,020 2,811 2,800 7,067 2,944 2,778 5,740 16,750 35,000 26,735 42,000 17,104 64,000 15,144 Extension CD c N Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction Reconstruction >. N 0 >- N 0 >. N 0 >- N -c Reconstruction & Widening Reconstruction & Overlay Reconstruction &Widening Cr.) z 0 N t 1) w Various Neighborhood Streets 2000 Bond Lyons - Airline to the end Birmingham - Airline to Lyons Annaville - Violet to Stadite Catcay - Caribbean to Cul -de -sac Azore - Caribbean to Cul -de -sac Jamaica - Mediterranean to Caribbean Brookdale - Gdlihar to Sunnybrook Woodlawn - SPID to McArde Laguna - Mediterranean to Caribbean Upriver Rd - IH 37 to leopard Alameda - Parade to Ocean Ayers - SPID to Port Gollihar - Crosstown to Kostoryz Mckinzie - Haven to South City Limits Staples - Gollihar to Williams McArdle Ph3 - Everhart to Hdmes O O O L() (O H3 00 0 O LC) 63 O O O V N - H3 O 10 N N CO CO V fR 0 0 O O V V (O 63 0 0 O N I� CO N 63 0 0 O LO O V C7 63 0 0 O N- O V V 69 O O O V O (O 0 0 O LO (O V V 63 0 0 O V V N 63 00 0 M c0 69 O O O c0 " O 0 0 O 0) CO N 63 0 0 0 (h N- CO 63 0 0 0 O (O N 63 0 0 0 N V 63 Al Neighborhood Streets 17,794 3,667 25,000 298,094 24,069 6,678 31,963 23,675 39,018 20,300 17,869 3,778 N- G) O 8,225 8,354 24,142 13,522 18,093 15,713 Reconstruction & Widening Reconstruction & Widening New extension Reconstruction & Widening Reconstruction & Widening Reconstruction Reconstruction & Widening Reconstruction Reconstruction & Widening Reconstruction Reconstruction & Widening Reconstruction & Widening Reconstruction & Widening Reconstruction & Widening Reconstruction Reconstruction & Widening Neighborhood Street Reconstruction Neighborhood Street Reconstruction Horne - Ayers to Kostoryz Cliff Maus Ph. 1 - FM 665 to Rockford Rd Yorktown - Lake Travis to Weber 2004 Bond Cimarron Blvd Ph. 1 - Saratoga to Yorktown Cimarron Blvd Ph. 2 - Yorktown to Bison Doddridge St - Ocean to Staples Everhart Rd Ph. 1 - Saratoga to Cedar Pass North Port Av - IH 37 to US 181 (20 %) Up River Rd - Rand Morgan to McKenzie Waldron Rd - Purdue to Glen Oak & Mediterranean Ext. Cliff Maus Ph. 2 - Brownsville Rd to Bear Lane Cliff Maus Ph. 3 - SPID to Rockford Dr Wooldridge Rd - Airline to Rodd Field Wooldridge Rd - Staples to Airline Greenwood Dr Ph. 1 - Gollihar to SPID Laguna Shores - Graham to Hustlin' Hornet Riverside Area (Behind Calallen HS Area) (6 Streets) Nueces Bay / Buddy Lawrence (2 Streets) O 0 0 CO N V O H) Al Overlay Street $5,427,894 $55,847,894 38,080 29,257 40,338 37,545 O O O N r 28,350 0 C) Cr) 27,020 54,150 27,900 18,980 9,725 5,780 626,751 Neighborhood Street Reconstruction Neighborhood Street Reconstruction Neighborhood Street Reconstruction Neighborhood Street Reconstruction Neighborhood Street Reconstruction N N 0 N N 0 N N 0 N N 0 N N 0 N N 0 N N 0 N N 0 South Port / Greenwood Area (10 Streets) Manshiem / Sunnybrook Area (8 Streets) Hdly / Kostoryz Area (14 Streets) Alameda / Reid Area (14 Streets) Nile Drive - Pharaoh to SPID Williams Dr - Everhart Rd to Staples St McArdle Rd - Hdmes Dr to Whitaker Dr Gollihar Rd - Staples St to Airline Rd Whitecap Blvd - Bonasse Ct to SPID /PR 22 Baldwin Blvd - Crosstown to Staples Ayers St - Horne Rd to Watson St Cal all en Dr - Highway 77 to West Redbird Lane West Redbird Lane - Cal all en Dr to Leopard St 20 NO ATTACHMENT FOR THIS ITEM MININNINIF City of Corpus 'Christi