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Home My WebLink AboutAgenda Packet City Council - 04/29/2008CITY COUNCIL AGENDA APRIL 29, 2008 ►'i )' Ea E3 cac.74. Zirsi 11:45 A.M. — Proclamation declaring May 1, 2008 as "International Immigrant Day" Proclamation declaring the week of May 4 -10, 2008 as "Children's Mental Health Awareness Week" Proclamation declaring the week of May 4 -10, 2008 as "Goodwill Industries Week" Proclamation declaring the week of May 5 -11, 2008 as "Public Service Recognition Week" Proclamation declaring the week of May 11 -17, 2008 as "Corpus Christi Business Hall of Fame Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 29, 2008 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 wi ! be provided an opportunity to address the Council at approximately 12:00 p. m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Heath Peloquin, Brighton Park Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel' City Secretary Armando Chapa Priscilla G. Leal - Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meeting of April 15, 2008. (Attachment # 1) Agenda Regular Council Meeting April 29, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT '* Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 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) 2. Ordinance authorizing the City Manager or his designee to execute a one -year lease and use agreement with two twelve- month options to renew with Leo Anthony Gonzalez, Sole Proprietor /Owner, to operate a food service concession at City Hall kitchen facilities in consideration of Leo Anthony Gonzalez, Sole Proprietor /Owner, paying 1% of monthly gross sales up to $5,999 per month, 3% of monthly gross sales from $6,000 to $8,000 per month and 5% of monthly gross sales above $8,000 per month. (Attachment # 2) Agenda Regular Council Meeting April 29, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3.a. Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $10,000 from the State of Texas, Texas Alcoholic Beverage Commission for additional overtime to enforce underage drinking laws. (Attachment # 3) 3.b. Ordinance appropriating $10,000 from the State of Texas, Texas Alcoholic Beverage Commission in the No. 1061 State and Federal Grant Fund for additional funding to enforce and prevent underage drinking laws. (Attachment # 3) 4. Resolution approving the submission of a grant application in the amount of $454,562 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 8 Funding with a City cash match of $267,354, in -kind services of $14,019, and program income cash match of $11,091, for a total project cost of $747,026 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5. Ordinance appropriating $178,226 from the Unreserved Fund Balance in Fund No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2007 -2008 Operating Budget, and changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $178,226. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract with Schindler Elevator of San Antonio, Texas, in the amount of $280,533 for the City -Wide Elevator Repairs. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to approve the application from Hugh Tomlinson, President of South Texas Celtic Music Association, to temporarily close the following street section and waive the free admission requirement for the South Texas Celtic Music Festival, taking place on May 10, 2008: (Attachment # 7) A. Peoples Street between North Water Street and Chaparral Street on Saturday, May 10, 2008 from 11:00 a.m. to 11:00 p.m. Agenda Regular Council Meeting April 29, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Resolution exempting London School Tracts, Lot 1, a subdivision located south of Oso Creek, approximately one mile outside of the city limits, from payment of Wastewater Acreage Fees under Section V.B.6.I) of the Platting Ordinance. (Attachment # 8) 9. Ordinance abandoning and vacating a 65.10- square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Gaines Drive intersection; requiring the owners, Mr. and Mrs. Andre Gaspard, to comply with the specified conditions. (Attachment # 9) J. PUBLIC HEARINGS: State Grant application: 10. Public hearing and Resolution to consider rescinding Resolution No. 027604; and 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 Oso Conservation Interpretive Park on Oso Bay, with city match of $340,397 in the No. 4720 Community Enrichment Fund and with private land donation of $159,603; dedicating the proposed site for permanent public park and recreational uses. (Attachment # 10) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 11. Motion to reconsider Agenda Item No. 16 from the City Council Agenda of April 15, 2008 regarding the decision to authorize the City Manager or his designee to develop and enter into a three - year contract with two one -year renewal options between the City of Corpus Christi, Texas and FARA Benefit Services, Inc. of Mandeville, Louisiana to provide a provider network, which includes Spohn Health Care System as the provider network, to administer the City's self funded health and dental plans, and to provide for a contract for specific stop loss insurance coverage and pharmacy benefit management. (Attachment # 11) Agenda Regular Council Meeting April 29, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Resolution expressing official intent to reimburse costs in an amount not to exceed $900,000 for services associated with Surveying, Engineering Geotechnical Analysis, Engineering Design Services, Printing, Advertising and Construction of Street Overlay Projects to be funded through the issuance of Tax Notes. (Attachment # 12) 13. Resolution amending financial policies adopted by Resolution No. 026605, and providing financial policy direction on preparation of the FY 2008 -2009 budget. (Attachment # 13) 14. First Reading Ordinance — Declaring and establishing the City's Storm Water System as a Public Utility; declaring the City's Storm Water Utility as part of the City's Combined Utility System; defining terms relating to the Storm Water Utility System; citing authority to establish a Storm Water Utility; incorporating existing facilities into the Storm Water Utility System; providing for segregation of Storm Water Utility Income from other City accounts; providing that issuance of Storm Water Revenue Bonds or Combined (Water, Wastewater, Gas, and Storm Water) Utility Revenue Bonds may be repaid with revenue from the Storm Water Utility Charge. (Attachment # 14) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Report (Attachment # 15) 16. Presentation on Governmental Accounting Standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEB) (Attachment # 16) M. 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. Agenda Regular Council Meeting April 29, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habre un interprete ingles- espanol en la reunion de la junta para ayudarie. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on 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. O. ADJOURNMENT:, POSTING STATEMENT: This agenda was posted on the City's official Oulletin board at the front entrance to City Hall, 1201 Leopard Street, at /.'4. p.m., on April 23, 2008. Armando Chapa City Secretary Agenda Regular Council Meeting April 29, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 , n w . Develop Street Plan wet ig-OWNI 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 Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummel! Priscilla Leal Michael McCutchon John Marez Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 15, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bit Cornelius with Bay Area Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 1 - 10). Assistant City Secretary Juarez announced that Item 9 was withdrawn by staff. Assistant City Secretary Juarez announced that Council Member Elizondo would abstain from the discussion and vote on Item 7. Mr. Abel Alonzo requested that Item 6 be pulled for individual consideration. Council members requested that Items 2, 3, 4, 7, and 8 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 1.a. MOTION NO. 2008 -097 Motion authorizing the City Manager or his designee to accept a grant in the amount of $99,980.91 from the Governor's Division of Emergency Management, Texas Department of Public Safety, for funding eligible under the FY 2008 Local Border Security Program and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 1.b. ORDINANCE NO. 027653 Ordinance appropriating $99,980.91 from the Governor's Division of Emergency Management, Texas Department of Public Safety in the No. 1061 Police Grant Fund for overtime associated with the Border Star Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting April 15, 2008 — Page 2 5. MOTION NO. 2008 -098 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $290,000 with R. S. Black Civil Contractors, of Corpus Christi, Texas for Port Avenue /Pearse Drive Lift Station Odor Control System. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10. ORDINANCE NO. 027657 Amending the Code of Ordinances, Chapter 2 "Administration," by creating the Clean City Advisory Committee and enacting enabling provisions; providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Items 2, 3 and 4 regarding improvements for staff and customer security at Municipal Court. Council Member Hummell asked questions regarding the source of funding and the name of the fund. City Manager Noe explained that Items 2, 3, and 4 are funded from fees collected from fines that are placed as a reserve for commitments and appropriated throughout the year. Presiding Judge of Municipal Court Rodolfo Tamez stated that the State Legislative passed a bill that allows the court to collect $3.00 for each conviction to be used for building security and the fund is named the Municipal Court Building Security fund. In response to Mr. Hummell, Director of Finance Cindy O'Brien said the balance of the Municipal Court Building Security fund is $210,174 as of last fiscal year. Council Member Kelly asked if these funds were from the General Unreserved Fund balance. City Manager Noe stated that these funds are in the Unreserved Fund but are listed as reserved for this specific purpose. Mr. Kelly asked if unappropriated funds could be used for salary positions. City Manager Noe said since the fee is ongoing as part of the operating budget, it will be shown as designated for specific uses during the budget process to support these salaries. Council Member Leal asked for the balances of each of the funds for Items 2, 3, and 4. Ms. O'Brien stated that prior to these transactions, Item 2 fund balance is $210,174, Item 3 fund balance is $342,642 and Item 4 fund balance is $620,481. Assistant City Secretary Juarez polled the Council for their votes as follows: 2. ORDINANCE NO. 027654 Ordinance appropriating $209,484 from the Unappropriated Fund Balance designated for Municipal Court facility security including two Deputy City Marshals, Warrant Round Up overtime, portion of leased space at Wilson Plaza, and temporary security services; changing the FY 2007 -08 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $209,484. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 3. ORDINANCE NO. 027655 Ordinance appropriating $241,400 from the Municipal Court Technology Fund for Municipal Court technological improvements including video conversion, proximity readers, Mentalix Live Scan equipment, Call Manager, Walk -in Manager, cameras and other defined Minutes — Regular Council Meeting April 15, 2008 — Page 3 equipment for enforcement; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $241,400. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4. ORDINANCE NO. 027656 Ordinance appropriating $62,479 from the Municipal Court Judicial Improvement Fund to hire temporary staff, overtime for the Warrant Round Up, and for the leased space for Municipal Court at the Wilson Plaza; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $62,479. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 6 regarding Americans with Disabilities Act (ADA) Compliance - Sidewalk Accessibility Improvements for Persons with Disabilities. Abel Alonzo, 1701 Thames, thanked Interim Assistant City Manager Angel Escobar for relocating funding available from the Bond Issue 2004 project to be used for ADA compliance. Assistant City Secretary Juarez polled the Council for their votes as follows: 6. MOTION NO. 2008 -099 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Nuway International Inc., of Corpus Christi, Texas in the amount of $88,901.30 for Americans with Disabilities Act (ADA) Compliance — Sidewalk Accessibility Improvements for Persons with Disabilities on the east side of Weber Road from Staples Street to McArdle Road. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 7 regarding a temporary street closure for the 1st Annual Padre Island Block Party. Council Member Marez asked for clarification as to whether the proceeds generated from the event benefited the Boys and Girls Club or Big Brothers /Big Sisters. Interim Director of Engineering Kevin Stowers verified that the beneficiary was Big Brothers /Big Sisters. Mr. Marez made a motion to change the wording on this item to reflect Big Brothers /Big Sisters. The motion was seconded by Ms. Leal and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 7. MOTION NO. 2008 -100 Motion authorizing the City Manager or his designee to issue a permit for the temporary street closure of Windward Drive from Whitecap Boulevard to the end of Windward Drive, on Friday, April 18, 2008 at 10:00 a.m. through Saturday, April 19, 2008 at 10:00 p.m., for the "1$t Annual Padre Island Block Party," upon meeting the conditions and requirements for permit in Section 49 -17. Minutes — Regular Council Meeting April 15, 2008 — Page 4 The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo abstained. Mayor Garrett opened discussion on Item 8 regarding economic incentive agreements for the redevelopment and operation of the Nueces Bay and the Barney Davis power plants. Barbara Clemenhagan, Topaz Power Group, provided drawings of the new Barney Davis and Nueces Bay power plants. Director of Economic Development Irma Caballero said this item is requesting approval of the revised economic incentive agreements. Ms. Caballero provided background on the revisions to the contract. Council Member Hummell addressed issues in the agreement including an amendment to insert the dollar amount in Recitals, Paragraph 5; references to personal property; including the definition for substantial completion; whether the term of the agreement for Barney Davis will exist as long as the industrial district agreement; and assignment language and time period in Section 8.05. Council members asked questions regarding the standard language "unreasonably withheld" in Section 8.05; whether Topaz received tax incentives for purchasing Barney Davis; the useful life of Barney Davis; future Council's ability not to grant tax incentives to successors; the power to assign; whether a bank has the power to assign. if there is a default with the lending institution; consideration of a timeframe; examples of what could be reviewed as an unreasonable basis for granting the assignment; and the development of industrial district agreements. Council Member Kelly requested that staff investigate whether there is an Attorney General Opinion or case law to interpret the definition of "unreasonably withheld ". Mayor Garrett suggested that the Council vote on the agreement for the Nueces Bay Power Plant and allow staff to make adjustments as recommended by Council to the Barney Davis agreement to bring back at today's Council meeting. Mr. Kelly made a motion to vote on the revised economic incentive agreement for the Nueces Bay Power Plant. The motion was seconded by Mr. Elizondo. Assistant City Secretary Juarez polled the Council for their votes as follows: 8. MOTION NO. 2008 -101 Motion approving a revised economic incentive agreementwith Nueces Bay WLE, LP for the redevelopment and operation of the Nueces Bay Power Plant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez. * * * * * * * * * * * ** Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 11. Public Hearing and First Reading Ordinance amending the Zoning Ordinance by revising Article 27B., "Landscaping Requirements "; and providing for publication. Assistant City Manager Robert Nix explained that the amendments to the Landscaping Ordinance were approved by the Landscape Committee and the Planning Commission. Mr. Nix added that an additional amendment would be presented. City Planner Mic Raash referred to a powerpoint presentation including a background of the landscaping ordinance; the focus group Minutes -- Regular Council Meeting April 15, 2008 — Page 5 membership; major changes of the proposed amendments; illustration of the proposed change to the street yard definition; and the effective date. Mr. Raash said the additional amendment is to add a new Subsection 27B -3.07 regarding landscaping deferment in a phased development. Council members asked questions regarding the comparison between the consultant and the landscaping committee's recommendation; whether homes that have been previously converted to businesses will be grandfathered; how and when landscaping fees will be paid by various entities; inspections; whether the fee is a standard fee or based upon the size of the commercial entity; how the increase in property values will be determined; the requirement that all installers of irrigations systems must be licensed; the number of employees out on administrative leave from the Development Services Department; whether the Development Services Department has enough employees to enforce the annual inspection tasks; language for the continuation of non - compliance; the effective date of the ordinance; whether there has been an increase in attempted permitting prior to the ordinance taking effect; whether buffer yards on new commercial property where adjacent to residential uses to the side or rear will be addressed by the Base Zoning Focus Group; and if a parking lot located behind a building would have the same sun shading requirements as a parking lot located in the front of a building. Mayor Garrett called for comments from the audience. John Kelley asked the Council not to consider the proposed amendments to the landscaping ordinance as a separate issue but how the amendments integrate into the Zoning Ordinance for redevelopment. Mr. Kelley also spoke regarding crediting storm water bills for businesses that create landscaping in large parking areas. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Hummell made a motion to amend Section 27B -3 by adding a new Subsection 27B -3.07. The motion was seconded by Ms. Martinez and passed. Ms. Juarez polled the Council for their votes as follows: 11. FIRST READING ODINANCE Amending the Zoning Ordinance by revising Article 27B., "Landscaping Requirements "; and providing for publication. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0108 -04, J. Golden Properties, Inc.: A change of zoning from an "AT" Apartment - Tourist District to an "ATIPUD -2" Apartment - Tourist District with a Planned Unit Development -2 Overlay on property described as Brooklyn Subdivision, Block 19, Lots 1 — through 9, 11, A and B, located on the east side of Gulfbreeze Boulevard, between Neal and Hayes Streets. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended approval of an "AT/PUD-2" Apartment - Tourist District with a Planned Unit Development — 2 Overlay, subject to ten (10) conditions. Minutes — Regular Council Meeting April 15, 2008 — Page 6 Council Member McCutchon asked whether the residential, common area lot and proposed condominium must be completed within three years or the PUD -2 will expire. Assistant Director of Development Services Faryce Goode -Macon said the project must be completed in that time period and that the applicant has agreed to those conditions. In response to Dr. McCutchon, Ms. Goode - Macon said there will still be beach access to the public. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Ms. Juarez polled the Council for their votes as follows: 12. ORDINANCE NO. 027658 Amending the Zoning Ordinance, upon application by J. Golden Properties, Inc., by changing the Zoning Map in reference to Brooklyn Subdivision, Block 19, Lots 1 through 9, 11, A and B, from "AT" Apartment- Tourist District to "AT /PUD -2" Apartment - Tourist District with a Planned Unit Development -2 Overlay, subject to a Site Plan and ten (10) 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, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummel) was absent. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0308 -03, Ross Cocke: A change of zoning from "R-1B" One - Family Dwelling District to a "R -1C" One - Family Dwelling District on property described as 0.12 acres, a portion of Alameda Estates, Block 3, Lot 9, located on the east side of Robert Drive, approximately seventy -five feet north of Walton Drive. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended approval of the "R-1C" One - Family Dwelling District. Council Member McCutchon asked how much the replatting fees will cost for this development. Ms. Goode -Macon provided an estimated cost. A brief discussion ensued regarding whether the owner had been issued a building permit. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Juarez polled the Council for their votes as follows: 13. ORDINANCE NO. 027659 Amending the Zoning Ordinance, upon application by Ross Cocke, by changing the Zoning Map in reference to 0.12 acres, a portion of Alameda Estates, Block 3, Lot 9, from "R -1 B" One - Family Dwelling District to "R -1C" One - Family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Minutes — Regular Council Meeting April 15, 2008 — Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0308 -04, Odilia and R.H. Gonzalez: A change of zoning from an "AB" Professional Office District to a "B -1" Neighborhood Business District on property described as Mt. Vernon, Block 1, Lot 13 -B, located at the southwest intersection of Everhart Road and McArdle Road. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended approval of the "B -1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Ms. Juarez polled the Council for their votes as follows: 14. ORDINANCE NO. 027660 Amending the Zoning Ordinance, upon application by Odilia and R.H. Gonzalez, by changing the Zoning Map in reference to Mt. Vernon, Block 1, Lot 13 -B, from "AB" Professional Office District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0308 -01, Whataburger Real Estate LP: A change of zoning from an "A -1" Apartment House District to a "B -1" Neighborhood Business District on property described as Parkdale Village, Block 4, Lots 8, 9, 10, 11 -A, 11 -B and 11 -C, located at the southwest intersection of Gollihar Road and Whataburger Way. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "B -1A" Neighborhood Business District. Council Members Marez and Martinez thanked Whataburger, L.P. for their outreach to the neighborhood. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. Ms. Juarez polled the Council for their votes as follows: Minutes — Regular Council Meeting April 15, 2008 — Page 8 15. ORDINANCE NO. 027661 Amending the Zoning Ordinance, upon application by Whataburger Real Estate LP, by changing the Zoning Map in reference to Parkdale Village, Block 4, Lots 8, 9,10, 11-A, 11-B and 11 -C, from "A -1" Apartment House District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett called a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Charles Roberts, 2142 Alazan, spoke regarding City Code of Ordinances Section 49 -12 as it relates to Item 9 which was postponed on the consent agenda. Jeff Berven, 314 Meldo Park, provided a background of events involving Safeplace on Meldo Park and asked the Council not to rezone Meldo Park. Hal George, representative for the Meldo Park residents, spoke regarding boarding houses in single- family residential neighborhoods and requested that the Council enforce the agreement signed by the City and the representatives from Safeplace on Meldo Park. Mr. George asked the Council not to rezone the neighborhood. Abel Alonzo, 1701 Thames, spoke regarding affordable housing and asked the Council to find a funding source for the Corpus Christi Housing Authority - DN Leathers Townhomes. * * * * * * * * * * * ** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 23. Executive session under Texas Government Code Section 551.071 regarding Cause No. C- 06 -133, Cody Smithers, Jeff Ozbirn and Home Sharing Individuals 1-19 at 326 Meldo Park, Corpus Christi, Texas, a.k.a. Safeplace vs. City of Corpus Christi, and request for accommodation under the Fair Housing Amendment Act, with possible discussion and action related thereto in open session. 24. 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 motions were passed with the following vote: 23. MOTION NO. 2008 -103 Motion authorizing City Manager to enter into an agreement with residents of 326 Meldo Park, granting the request for an accommodation under the Fair Housing Amendment Act, allowing six permanent residents to live on the property with conditions as agreed. Minutes — Regular Council Meeting April 15, 2008 -- Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, Martinez, voting "Aye ". 24. MOTION NO. 2008 -104 Motion to accept the revised terms of the proposed Agreed Order, Docket No. 2008 -0051- MSW -E, Case No. 35183, with the Texas Commission on Environmental Quality, and authorize the City Manager or his designee to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, Martinez, voting "Aye ". * * * * * * * * * * * ** Mayor Garrett returned to discussion on Item 8 regarding an economic incentive agreement for the redevelopment and operation of the Barney Davis power plant. Director of Economic Development Irma Caballero provided a brief overview of the proposed changes made to the 380 agreement for the Barney M. Davis as requested by Council. Ms. Caballero added that the language "such written consent shall not be unreasonably withheld" is the language used in other 380 agreements. Assistant City Attorney Jay Reining stated that case law finds that "unreasonably withheld" refers to the assignees financial capabilities and ability to meet the terms and objectives of the agreement. A brief discussion ensued regarding the proposed language. Council members asked questions regarding whether the assignment will be deemed approved if a decision of the City Council is not made within 60 day; the reasons to continue to include the "unreasonably withheld" language; whether the Crosstown Commons and Trademark 380 agreements are perpetual; the project description; and reciprocal language. Mr. Kelly made a motion to amend the proposed changed language to include placing a period after "unreasonably withheld" and change the sentences to read "if developer is seeking City consent to assign City Council shall consider such consent to assign within thirty (30) days of such written notification. if such decision is not received by the Party seeking consent within sixty (60) days of their request for consent, the assignment will be deemed approved." The motion was seconded by Ms. Martinez and passed. Mr. Kelly made a motion to amend the proposed agreement to include the new negotiated language and the changes to Exhibit C. The motion was seconded by Ms. Martinez and passed. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2008-101 Motion approving a revised economic incentive agreement with Barney M. Davis, LP for the redevelopment and operation of the Barney M. Davis Power Plant. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye ". * * * * * * * * * * * ** Minutes — Regular Council Meeting April 15, 2008 -- Page 10 Mayor Garrett opened discussion on Item 16 regarding the City's self- funded health insurance. Assistant City Secretary Juarez announced that Council Members McCutchon and Martinez would abstain from the discussion and vote on this item. Director of Human Resources Cynthia Garcia explained that this item was a motion to enter into a contract with Humana for administration of the City's health and dental plan effective August 1, 2008 for a three year term, with two one -year renewal options. Ms. Garcia introduced the committee members including Benefits Manager Tammy McDonald, Procurement and General Services Supervisor Paul Pierce, Insurance Benefit Analyst Steve Viera; and Cindy Chung with the Hay Group. Ms. Garcia also introduced the subcommittee members from various City department including Ronnie Robles, Regina Lee, Noah Youngblood, Clark McAlister, and Larry Young. Ms. Garcia thanked Richard Easley with the Hay Group for his assistance with this process. Richard Easley, Project Manager with Hay Group; referred to a powerpoint presentation including the City's healthcare strategy; 2007 health benefits spending; scope of services in the Request For Proposal (RFP); evaluation criteria; RFP responses; comparison of points awarded by the committee and subcommittee; fees analysis; network discount comparisons; pharmacy fees; administrative services fees; and stop loss. Council members asked questions regarding the number of inpatient dollars spent at other hospitals other than Spohn; the number of local Spohn hospitals; the number of non -Spohn hospitals in the area; a breakdown of healthcare visits outside the City; the number of dependents or retirees that live outside the City; discount methodology; disclosure of discounts by providers; if a patient gets a discount regardless of the total amount; whether any one of the companies making a proposal offered a flat fee no matter how much the medical bills; whether discount guarantees were a parameter in the RFP; explanation of discount guarantee; the location of Corpus Christi Medical Center; whether all vendors get the same rates from hospitals; which networks are nationwide and which ones are wrap networks; whether an employee that has Humana and goes to Spohn is in- network; whether an employee that is in the Spohn network and goes to C.C. Medical is out of network; the person in charge of establishing the parameters of the RFP; the number of bidders that responded to the RFP; whether employees were asked if they were satisfied with their insurance; whether MD Anderson is an in- network hospital; the lifetime maximum; whether it would be beneficial to employees to unbundle pharmacy; the number of employees that have exhausted their lifetime amount; whether the lifetime maximum carries over to another carrier; whether the companies were provided accurate and up -to -date information; the number of large claims still active; whether there is an internal stop loss for Humana; if the City can increase the lifetime maximum; when the Council determines the health plan provisions; the entity that currentlyoversees the health care coverage; the terms of the current agreement; system integration; the Hay Group methodology; whether the Spohn network has a stop loss provision; whether Northwest Regional Hospital is part of the Spohn network; the closest Spohn hospital to the northwest area; and how emergency situations would be treated if under the Spohn network. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding accuracy of the information and read minutes of the June 10, 2003 meeting regarding the health care evaluation. Mr. Alonzo asked the Council to continue to ask more questions before making a decision. Leon Golemi, Vice President of FARA Benefits Services, commented an some of the issues addressed by the consultant. Mr. Golemi spoke in support of the Christus Spohn Network. Glenn Hillyer, AAG, spoke in opposition to the data and reports provided in the presentation. Bob Beland, 4110 Dublin Drive, said that it was statistically impossible that only three employees have reached the lifetime maximum and asked the Council to review the information. Patricia O'Brien, Director of Business Planning for Corpus Christi Medical Center, spoke in support of the recommendation to use the Humana plan and asked the Council to choose a network that is inclusive of both health systems. Minutes — Regular Council Meeting April 15, 2008 — Page 11 Ted Day, Executive Director of Spohn Health Network, said that the Spohn Health System has served City employees for many years and that Spohn would appreciate an opportunity to participate in future dialogue. Sharon Sodek, Director of Business Development for the Christus Spohn Health Network, provided information on the number of hospitals in the Spohn network. Stephen Bishop, Vice President of Network Management for Humana, said the information provided was the most accurate and that Humana has developed national and local relationships with vendors. Jennifer Smith, FARA Benefit Services, spoke regarding types of stop loss and Spohn area coverage. Tomas Duran addressed issues raised by the consultant regarding stop loss; industry methodology; the methodology used by the consultant; integration; networks; and inaccurate data. Michael Chaverria, President for Corpus Christi Employees Union, asked the Council to select a contract that is in the best interest of the employees. Domingo Ybarra, President of the Corpus Christi Police Officers Association, spoke regarding the cost to increase the lifetime maximum and the process used by the consultant. Mr. Ybarra said the Council should have additional dialogue and research on this issue. Mr. Marez made a motion to enter into a contract with the Spohn Health Care System and FARA Benefits Services as the third party administrator. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2008 -102 Motion authorizing the City Manager or his designee to develop and enter into a three -year contract with two one -year renewal options between the City of Corpus Christi, Texas and FARA Benefit Services, Inc. of Mandeville, LA, to provide a provider network, which includes Spohn Health Care System as the provider network, to administer the City's self - funded health and dental plans, and to provide for a contract for specific stop loss insurance coverage and pharmacy benefit management. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Leal, and Marez, voting "Aye "; Hummell and Kelly voting "No "; McCutchon and Martinez abstained; Cooper was absent. 17, WITHDRAWN Mayor Garrett opened discussion on Item 18 regarding amendments to the Streets and Sidewalk Ordinance. Director of Neighborhood Services Yvonne Haag presented this item and stated that the language is revised to include the curb and gutter portions and add debris resulting from leaves. Ms. Haag provided a powerpoint presentation illustrating the problems at curb and gutters. Ms. Haag added that the proposed amendments were developed with input and support from neighborhood residents in-the NIP #8 (Molina) area. Council members asked questions regarding public input and the responsible party for keeping the street area clean. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of this ordinance. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting April 15, 2008 — Page 12 18. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 49 "Streets and Sidewalks," Article I "In General," Division I "Generally," Section 49 -10 "Duty of abutting owners, etc., to keep sidewalks clean" by revising the language to include the curb and gutter portions and add debris resulting from leaves; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 19 regarding the transfer of the City's WiFi network. Director of Municipal Information Systems Michael Armstrong referred to a powerpoint presentation including the current status; potential scenarios; recommendation; key contract terms; transaction value analysis; current WiFi applications; potential municipal applications; potential community use; WiFi priorities, and next steps. Council members asked questions regarding the deferred EarthLink payment of $1.59 million; total loss to the City; how long the City has had the WiFi network; the cost to build the network; sale of the network; the original intent for the network; sale of bandwidth to EarthLink; whether an assessment had been done to determine whether the development of the municipal system was cost beneficial; total asset value; whether EarthLink can take their system; accuracy of the system; issues with the automated meter reader (AMR) system; yearly cost savings of the for the AMR system; maintenance of the system; the EarthLink model and AMR model; whether payments are still being made to EarthLink; whether EarthLink is still performing services; purpose of the agreement; the reason the contract includes EarthLink's notification to its customers; the value of radio and test equipment; the cost to maintain the network; the potential scenarios; the risk to the corporation or the city; whether the City will provide commercial services; the percentage of AMR currently installed; the total cost to install the AMR system; the areas of the City that have the AMR system; the types of technology for the AMR system; rate of return on the AMR system; fees for customers not granting access to install WiFi devices; and the number of employees working on the wireless system. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 027662 Resolution authorizing the City Manager to execute a Termination and Asset Transfer Agreement among EarthLink, Inc., City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, to (1) terminate the Wi -Fi Network Asset Purchase Agreement, Wi -Fi Network Services Agreement, and Wi -Fi Network Franchise Agreements among the parties, and (2) transfer the Wi -Fi Network assets from EarthLink to the City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Cooper and McCutchon were absent. Mayor Garrett opened discussion on Item 20 regarding the FY2008- FY2012 Consolidated Plan and the FY2008 Consolidated Annual Action Plan. City Manager Noe explained that this item reflects the recommended changes approved by the Council at the public hearing. Community Development Administrator Daniel Gallegos stated that staff is working on a comprehensive report Minutes — Regular Council Meeting April 15, 2008 — Page 13 regarding speed humps and will provide the number of speed humps that have been installed and the number installed specifically in the Molina area. Mayor Garrett announced that Council Members Marez, Martinez, and Leal would like to make disclosure statements. Council Member Marez made the following statement: "I publicly disclose that through my profession, I regularly deal with the ARK Assessment Center and the Emergency Shelter for Youth and my sister -in -law is on the board of the Boys & Girls Club. My sister -in -law and I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. My sister -in -law and I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. will abstain from participation in all deliberation and voting of funding related to the ARK Assessment Center and the Emergency Shelter for Youth or the Boys & Girls Club." Council Member Martinez made the following statement: "I publicly disclose that I am a member of the Palmer Drug Abuse Board. I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to this board." Council Member Leal made the following statement "I publicly disclose that I am a member of the Nueces County Community Action Agency. will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. will abstain from participation in all deliberation and voting of funding related to this board." Mayor Garrett called for comments from the audience. Dr. Maria Luisa Garza, Gulf Coast Council of La Raza, provided the Council with requested information regarding the organization and the success of the program. Bob Beland, Del Mar College Small Business Development Center, thanked the Council for supporting the program and asked the Council to consider other funding options to restore the decrease in funding by $25,000. Minutes — Regular Council Meeting April 15, 2008 — Page 14 Abel Alonzo, member of the Mental Health Mental Retardation Center, thanked Mr. Gallegos and his staff for their work on the program. Mr. Alonzo thanked the Council for supporting this project. Rosa Pizzi, C. C. Metro Ministries, thanked the council for their consideration to fund Metro Ministries. Ms. Pizzi said any additional funds available would be greatly appreciated. Council members asked questions regarding additional funding for speed humps; whether CDBG funds have been previously used to repair speed humps; the board members of Gulf Coast Council of La Raza; whether C.C. Metro Ministries still provides job training and job placement for the homeless; and the reprogrammed funds. Ms. Leal made a motion to transfer $50,000 from CDBG - Goodwill Industries and allocate the funding of $50,000 to CDBG - Molina Veterans Park. The motion failed for lack of second. City Secretary Chapa polled the Council for their votes as follows: 20.a. RESOLUTION NO. 027663 Resolution adopting the FY 2008 - FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 — FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -- FY 2012 Consolidated Plan if required by HUD. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and McCutchon were absent. 20.b. RESOLUTION NO. 027664 Resolution adopting the FY 2008 Consolidated Annual Action Plan which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY 2008 Consolidated Annual Action Plan if required by HUD. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Cooper and McCutchon were absent. (NOTE: Marez abstained from the vote and discussion on the portion of the resolution related to The Ark Assessment Center and the Emergency Shelter for Youth and the Boys and Girls Club projects; Martinez abstained on the vote and discussion on the portion of the resolution relating to the Palmer Drug Abuse Project; Leal abstained on the vote and discussion on the portion of the resolution relating to the Nueces County Community Action Agency project). * * * * * * * * * * * ** Mayor Garrett referred to Item 21 regarding the Second Quarter Report on the City's Americans with Disabilities (ADA) Title II Transition Plan and Non - Discrimination Ordinance. Director of Human Relations Leon Bazar provided a brief presentation including the Texas Minutes — Regular Council Meeting April 15, 2008 — Page 15 Department of License and Regulations (TDLR) training; Department of Interior complaints for grievances to parks; Engineering construction and resurfacing guidelines; Equal Employment Opportunity Commission (EEOC) cases; HUD /Fair Housing Administration discrimination; the Human Relations Commission overview; the Committee for Persons with Disabilities; and ADA compliance. In response to Council Member Leal, Mr, Bazar stated there were 121 grievances regarding parks. Mayor Garrett referred to Item 22 regarding an update of the Development Services Process Improvement. City Manager Noe said this item would be postponed for two weeks. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:41 p.m. on April 15, 2008. * * * * * * * * * * * ** 4/16/2008 CITY OF CORPUS CHRISTI FY2008 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2008 CDBG PROGRAM FY2008 CDBG Allocation $3,354,513 Reprogrammed Funds $100,000 Program Income from Demolition Liens /Clearance of Vacant Properties $128,586 Program Income from Rehabilitation Program $470,000 TOTAL FUNDS AVAILABLE FOR FY2008 CDBG PROGRAM $4 053 099 Broadmoor Senior Center Phase two expansion of facility and parking lot improvements and interior repairs to existing facility. The first phase will be used to design the extension of the building. The building is very small and the seniors do not have room to hold all the different functions they have at their facility. This has been a huge problem and this money will be a very big help to make sure the seniors have a facility to hold all their events. 7 $150,000 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis -Bacon federal wage rate requirements. 8 $476,333 Clearance of Vacant Properties Program This program consist of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement is unsightly and unsanitary matter in CDBG eligible areas to include Neighborhood Initiative Program areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. 9 $200,000 Code Enforcement Program, Neighborhood Initiative & Model Block Programs The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Management Assistant will be funded in the amount of $335,729. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within CDBG Target Areas that are in need of compliance assistance • (including Model Block Program site). The substantiability efforts for these neighborhoods need continued monitoring and citizen compliance; inspections are conduced on particular code violations. The addition of a Project Coordinator is to assist with the City Council's objective of enhancing and expanding the revitalization and sustainability efforts for all NIP Sites. 11 $350,000 Cole's Gym This is Phase 2 of window replacement, interior repairs and connectivity. 12 $75,000 Comprehensive Planning Assistance The continuous support for Comprehensive Planning Activities including data collection, population projections, land use surveys, traffic projection, maintenance of development regulations, staff training /travel, and other activities designed to update comprehensive plan elements or implement adopted plans. 13 $50,000 Demolition Program This activity will facilitate the securing and/or removal of unsafe structures. The removal of unsafe structures is a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that are unoccupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City Council - appointed members that review sub- standard building cases, where owner compliance is not obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently been revised and sub- standard case procedures have been enhanced to provide efficient and effective management. Air monitoring and asbestos removal may be necessary Liens may be placed against the properties to cover the cost incurred. Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural improvements. It is anticipated that the $468,000 will enable us to perform emergency repairs on 61 -72 units. 14— 15 $200,000 $225,000 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment alternatives and establishing payment plans. Mortgage Services is currently servicing 850 different types of loans. Neighborhood Revitalization Programs (Model Block & Neighborhood Initiative) This request would support the award given to Model Block Program Neighborhood (August 2007) and would be essential in supporting new program projects in the 22 Neighborhood Initiative Program sites that are in CDBG Target Areas. Special Projects such as neighborhood clean up campaigns, coordinating "do- it- yourself' repairs, and landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard structures are also a priority in order to eliminate slum and blight in the NIP Sites. Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections; and conducting homebuyer classes. Renewal Community The City of Corpus Christi Economic Development Office is requesting $20,000 of CDBG funds to continue outreach and marketing activities in the original and expanded renewal Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the Commercial Revitalization Deduction (CRD) applications, completing forms associated with tax credits and deductions, contracting for professional services to complete surveys of the RC, development and printing of marketing materials, distributions of marketing materials, workshops and seminars, professional or temporary services to assist businesses in identifying employees who live in the RC in-order to claim credits, and staff training. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bare the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100%). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to particpate in the RTMP due to difficulty in obtaining the resident& share of the cost. Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1 -3 units will be rehabilitated and 15 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Requesting $664,000 which represents $534,000 (Program Income) for loans, demolition ($60,000) and relocation ($70,000). Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. The Weed and Seed program has continued to make significant improvements in the Graduated North Side Site I and West Side Site 11 target communities and is now working in the Southeast Site (Flour Bluff) Communities. 23 26 29 30 31 32 38 $58,700 $100,000 $693,000 $20,000 $12,000 $445,000 $50,000 ' a 1 i3? ' 31 f 3 - -% 3 40 - ", $100,000 Amistad Community Health Center Amistad Community Health Center is requesting funding to renovate a portion of the first floor space of the building located at 1533 S. Brownlee to accommodate for pharmacy and dental spaces. The scope of work will be to develop the pharmacy and accommodate exam and treatment spaces for dental. Corpus Christi Hope House This project is for renovations and improvements for emergency shelter and transitional housing for up to 11 homeless women and their dependent children located at 630 & 658 Robinson. 120 $50,000 Del Mar CollegelBusiness Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents. Facility is located at 3209 S. Staples. 191 $150,000 Goodwill Industries of South Texas, Inc. Goodwill Industries of South Texas is requesting funding to assist us to construct a Work 2000 Resource Center to serve as a job training and placement facility for the homeless . This facility located at 2961 S. Port will compliment the existing Work 2000 HUD funded job training and placement program. 210 $100,000 Gulf Coast Council of La Raza, Inc. Rehabilitation of a school site located at 2903 Baldwin with five classrooms to serve 100 students. 238 $50,000 International Westside Pony League international Westside Pony League located at 4033 Greenwood is in need of field improvements such as bleachers, foundation and awning, batting cages to include fencing and foundation, playing field to includes lights, fencing and red dirt, redoing fencing on two playing fields, irrigation for both playing fields, and ice maker for concession stand, and ADA compliance to include easy accessibility to public restrooms, concession stand, and . easy mobility from field to field. 259 $95,000 Mental Health Mental Retardation Center of Nueces County (MHMR -NC) MHMR -NC seeks funds to make capital improvements to our four building located at 1546/1626/1630/1642 S. Brownlee and one building at 212 S. Staples to insure the health and safety and comfort of our clients. Rehabilitation includes roofing, air conditioners, painting, a furnace and a condenser. 318 $75,000 Mother Theresa Shelter, Inc. For the construction of a multi purpose activity center located at 513 Sam Rankin that will provide therapeutic services to our clients such as: exercise and team sports, the use of arts as therapy, and social rehabilitation . workshops. 343 $100,000 Nueces County Community ActionlWeatherization /Minor Home Repair . Thirty two (32) homes will be targeted for minor home and weatherization making home more energy efficient; 32 families /80 individuals will benefit from the program; all families are low to very low income that reside in Corpus Christi. 405 $60,000 Palmer Drug Abuse Program Palmer Drug Abuse Program is in need of a total renovation of the air conditioning systems for their facility located at 3104 S. Alameda. 430 $40,000 Wesley Community Center Funds are being requested for the repair of the roof to the public facility at 4015 Mac Arthur Corpus Christi, TX 448 $50,000 YMCA of the Coastal Bend Complete rehabilitation of the YMCA facility located at 417 S. Upper Broadway to make it ADA accessible including ramps, corridors, elevator and pools. 465 $78,066 CDBG Total $4,053,099 ADOPTED FY2008 ESG PROGRAM FY2008 ESG Allocation $149,967 Catholic Charities of Corpus Christi Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure an a home. 496 $15,000 City of Corpus Christi - ESG Administration Cost This will in essence offset the cost for participation in the Homeless Management Information System (HMIS) which is HUD mandated for those agencies receiving ESG and Continuum of Care Grant program funds. 512 $7,498 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 513 $15,000 Corpus Christi Hope House Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short - term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilizes and furnishings. Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 531 566 593 $15,000 $30,000 $15,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. Timon' s Ministries Payment of maintenance, operations including rent, insurance, utilities and furnishings. 614 640 665 Wesley Community Center Payment of maintenance, operations including rent, insurance, utilities and furnishings. 677 ESG Total $15,000 $20,000 $5,000 $12,469 $149,967 ADOPTED FY2008 HOME PROGRAM FY2008 HOME Allocation Reprogrammed Funds Program Income American Dream Downpayment Initiative (ADDI) TOTAL FUNDS AVAILABLE FOR FY2008 HOME PROGRAM $1,604,096 $0 $100,000 $10,331 $1 714 427 • 689 $10,331 First Time Homebuyer Program - ADDI Provide deferred forgivable loans to first time homebuyers, who are low income, to assist them with down payment and closing costs for the purchase of a home. Home AdministrationlTechnical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 690 $160,409 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the Purchase of a home. 691 $200,000 Major Rehabilitation Provide loans to low interest loans, through our Single Family Rehabilitation Loan Program, to income homeowners to assist them with major rehabilitation of their homes. Requesting $836,000 which represents $654,000 for loans $98,000 for relocation; and $84,000 for Demolition. 692 $704,687 Accessible Housing Resources, Inc. HUD 811 new construction rental units project upgrade for five very extremely low income individuals with disabilities, and one managers unit: exterior wall, roof, insulation upgrades and higher efficiency fixtures to increase energy efficiency, windstorm protection and to provide Tong -term affordability. 694 $85,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Charlie's Place proposes to replace the leaking roof, bring electrical up to current standards, paint the inside and out, remove and replace the a/c ductwork in our Coleman House which provides for transitional housing for 14 clients who are seeking substance abuse treatment services. 715 $100,000 Texas LULAC Oasis at the Park Housing, LP Adaptive reuse of a 68 -year old building for new construction of an 80 -unit Single Room Occupancy (SRO) Residence. There will be eight (8) HOME assisted units. 813 $200,000" Nueces County Community Action Interim Financing: Infill Revitalization Project Build eight (8) 2/2 or 3/2 new construction homes for families at 80% or below in an underserved area. An emphasis will be placed on assisting families at the lower end of AMI. Construction of all units to be HOME assisted. 894 $189,000 Nueces County Community Action Agency AcquisitionlRehablResale Acquire home in need of repair, rehab to meet or exceed residential building codes and incorporate LEED and ENERGY STAR standards. Completed home is to be sold to a family at 80% of below median income. 935 $65,000 IENIMI HOME Total 2 Requested Council Action 4/29/08 Alternate Date 5/13/08 COUNCIL MEMORANDUM RECOMMENDATION: ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR LEASE AND USE AGREEMENT, WITH TWO TWELVE MONTH OPTIONS TO RENEW, WITH LEO ANTHONY GONZALEZ, SOLE PROPRIETOR/OWNER, TO OPERATE A FOOD SERVICE CONCESSION AT CITY HALL KITCHEN FACILITIES IN CONSIDERATION OF LEO ANTHONY GONZALEZ, SOLE PROPRIETOR/OWNER, PAYING 1% OF MONTHLY GROSS SALES UP TO $5,999 PER MONTH, 3% OF MONTHLY GROSS SALES FROM $6,000 TO $8,000 PER MONTH AND 5% OF MONTHLY GROSS SALES ABOVE $8,000 PER MONTH AND DECLARING AN EMERGENCY. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: ael Barrera The kitchen facilities in City Hall have not been utilized for approximately one year. The previous vendor was not able to extend the contract due to a marginally acceptable level of sales. The lack of on -site management, consistency in food and hours of operation resulted in the deterioration of its customer base, thus, making the operation unprofitable. Over the years, Requests for Proposals have been issued to local restaurants and concessionaires operating within the City, with no responses received. Therefore, in an effort to provided needed food service in City Hall, the City has negotiated a sole source lease agreement with Leo Anthony Gonzalez. Mr. Gonzalez owns Grandma's Gorditas which has operated in Corpus Christi since 1992 and currently has two locations. Grandma's Gorditas serves a variety of Mexican food as well has American fare such as hamburgers and French fries, salads and subs. Mr. Gonzalez is proposing similar food service for City Hall to include a breakfast and lunch menu. Mr. Gonzalez is eager to learn the food - preferences of City Hall customers and is committed to making necessary adjustments to the menu. The pricing structure proposed for food items is very competitive with the majority of items priced at less than $5.00. This lease is established as a service to City Hall employees and visitors. The commission structure has been developed with the intent of minimizing the concessionaire's costs at the start up of the business and to increase the commission as the business sales revenues grow. The lease agreement will provide the City rent in the amount of l% of gross sales up to $5,999 per month, 3% from $6,000 to $8,000 per month and 5% of gross sales above $8,000 per month. Assistant Director of Financial Services KITCHEN FACILITIES LEASE Between the City of Corpus Christi and Leo Anthony Gonzalez State of Texas County of Nueces This Kitchen Facilities Lease ( "Lease ") is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City ") acting through its duly authorized City Manager, or designee, ( "City Manage"), and Leo Anthony Gonzalez ( "Concessionaire "), Sole Proprietor /Owner. RECITALS 1. The City owns and operates the Corpus Christi City Hall located at 1201 Leopard Street, Corpus Christi, Nueces County, Texas, ( "City Hall "), and 2. Concessionaire desires to enter into a lease with the City to operate a food service kitchen facility concession, with the understanding that the scope of business operations permitted by this Agreement is limited to offering the general public such services as are commonly associated with food service businesses, and nothing in the Agreement may be construed as conferring any rights already granted, or to be granted, to other City Hall concessionaires; and, 3. The City represents that it has the right to grant the concession together with all facilities, rights, licenses, services and privileges in the manner and to the extent set forth herein. 4. For the purpose of this Lease, the City hereby designates Paul Pierce, Procurement and General Services Supervisor as the Contract Administrator. Now therefore, in consideration of the mutual covenants herein, the parties agree as follows: AGREEMENT: 1. Term. This Lease commences on the first day of May 2008 and continues through the thirtieth day of April 2009 (one year); subject, however, to earlier termination as provided herein. This Lease may be renewed for two consecutive twelve -month periods, by mutual written agreement of Concessionaire and the City Manager, or designee, ( "City Manager"). 2. Premises. The City leases Concessionaire approximately 460 square feet for storage areas, food preparation areas, kitchen facilities and serving lines, ( "Premises "), all located on the sixth floor of the City Hall, 1201 Leopard Street, Corpus Christi, Texas. The City Manager will also designate a seating area on the sixth floor where the food may be eaten ( "Seating Area "). This Seating Area can be changed by the City Manager on 30 days written notice to Concessionaire. The Concessionaire may not, without the prior written consent of the Contract Administrator, or designee, ( "Contract Administrator"), rearrange or otherwise decorate the Seating Area. 3. Consideration A. Amount. Concessionaire shall pay the City 1% of monthly gross receipts up to $5,999 per month, 3% of monthly gross receipts from $6,000 to $8,000 per month and 5% of monthly gross receipts above $8,000 per month. B. Gross Receipts. "Gross Receipts" means all cash or credit, less applicable sales tax, received by Concessionaire for any food service item sold or produced (Le. "Goods ") on the Premises. PAGE 1 OF 18 C. Payment. Concessionaire must pay the Fee set out herein in 3., A. of the Section styled "AGREEMENT ", in arrears for the prior month, on or before the 20th day of each month to: Chief Financial Officer P.O. Box 9277 Corpus Christi, Texas 78469 -9277 D. Reports. Concessionaire must provide to the Contract Administrator, on or before the 20th day of each month for the prior month, a monthly report of Gross Receipts that is certified by a duly authorized officer of Concessionaire. E. Sales. Sales to individuals must be for cash. The Contract Administrator may authorize credit to City departments or may authorize credit card usage if Concessionaire so requests. 4. Goods. A. Quality. Concessionaire must dispense quality food, food- products, non - alcoholic beverages and related items ( "Goods ") at competitive prices. 5. Records, Audit, and Reports. A. Records. Concessionaire must keep true and accurate accounts, records, books and data, which must show all the Gross Receipts of the Concessionaire under the Lease. All underlying documentation for Concessionaire's certified monthly statements, including cash register tapes, must be preserved by Concessionaire for at least 5 years. City may terminate this Lease for failure to preserve such records or provide them to City upon Contract Administrator's request. B. Inspection and Audit of Records. The Contract Administrator may, at all reasonable times, inspect and audit such books, records, cash registers and other data relating to Concessionaire's business hereunder to confirm the Gross Receipts as defined herein. If, as a result of any inspection or audit, it is established that additional amounts are due, Concessionaire must pay the additional amounts to the City not later than 30 days after completion of the inspection or audit. If the results of the audit reveal a difference of more than two percent (2 %) between Gross Receipts reported by the Concessionaire and Gross Receipts reported by the audit, Concessionaire must pay the cost of the audit. C. Operating Income Reports. The Concessionaire must furnish the Contract Administrator income statements pertaining to this Lease at least four times a year no Tess often than on a quarterly basis. Further, Concessionaire must submit within 60 days after the close of each Lease year, a cumulative statement of income pertaining to this Lease, which covers the entire preceding Lease year, to the Contract Administrator. These statements must contain information that the Contract Administrator deems necessary and must show adequate detail of all Gross Receipts of the Concessionaire's operations at the Premises. 6. Use. A. Use of Premises. Concessionaire may use the Premises for the following purposes and no other without the specific written permission of the Contract Administrator. 1. Concessionaire may use the Premises of the Kitchen Facilities to prepare and sell food products, i.e. Goods. PAGE 2 OF 18 2. "Kitchen Facilities" means the kitchen facilities, food preparation area, and storage area within the Premises. B. Required Service. 1. Hours. Concessionaire must operate the Kitchen Facilities from at least 7:00 am. to 3:00 p.m. Monday through Friday, but may operate longer hours if Concessionaire so desires. City Hall will be closed on holidays recognized by the City and no food service will be required. Contract Administrator has the authority to change the hours at Concessionaire's written request. 2. Breakfast. Service must include, but not be limited to: breakfast tacos, rolls and other items as dictated by patron demand. 3. Lunch. Short -order service will include, but not be limited to a variety of Mexican and American fare: (a) assorted tacos, lunch plates and a la carte items; (b) hamburgers, French fries, subs and salads; (c) desserts such as various types of cake, ice cream, floats, etc.; and (d) beverages such as coffee, tea, milk, juices and soda pop. 4. Menu Adjustments. Concessionaire will maintain a suggestion box and will make adjustments to the menu as necessary predicated on feedback from Concessionaire's patrons. 5. Inventory. Concessionaire's inventory must include, but not be limited to, items such as trays, paper goods, plastic ware, cookware and small appliances needed to promote the level and quality of service contemplated by this Lease. C. Exclusions. 1. City Manager or Contract Administrator may authorize other food service suppliers to: (a) use the Seating Area and (b) cater events at City Hall, to provide food items for special events, meetings or City Council food. Any third -party user must clean up and repair any damage to the Seating Area that is caused by its use of the Seating Area. No third -party may use the Kitchen Facilities. 2. Operation of Vending Machines will be by a separate contract and is expressly excluded from this Lease. However, no vending machines will be placed on the Sixth Floor of City Hall. 7. Equipment. A. Equipment Installation. City and Concessionaire must provide at its cost all furnishings, equipment, and improvements necessary to provide a Kitchen Facility on the 6th floor of the City Hall during the Lease and any extension thereof. The City shall provide equipment shown in attached Exhibit A. The Concessionaire shall provide a listing of make, model, energy efficiency and age of equipment it supplies under this Lease, which will be attached and incorporated as Exhibit B. Provided, however, that City must pay for the cost of installing any permanent fixtures or equipment. A list of all permanently installed fixtures or equipment will be attached and incorporated as Exhibit C. Contract Administrator is authorized to amend Exhibits B and C to reflect new or replacement Equipment. The new Exhibit B or C becomes effective when filed with the City Secretary. PAGE 3 OF 18 All equipment supplied by Concessionaire must be used for storage, preparation, and/or sale of food, food products and non alcoholic beverages (i.e. Goods) in the Kitchen Facilities. When any of the equipment supplied by Concessionaire becomes obsolete or no longer useful for the purpose originally intended, Concessionaire shall replace such equipment at its expense. Energy efficient equipment must be used to replace any of the equipment. B. Title to Improvements. Title to all improvements permanently constructed, installed or attached to the Premises passes to the City at the time of installation or construction. Title to all moveable trade fixtures and equipment and all expendable equipment furnished by Concessionaire at all times remains with Concessionaire; Concessionaire must remove its moveable equipment within a reasonable time after termination or cancellation. If not removed in a reasonable time, title to said equipment passes to the City. The City shall determine what amount of time is reasonable and the City's decision is final. C. Maintenance. Concessionaire must maintain all equipment in the Kitchen Facilities regardless of who owns the equipment. All City -owned Equipment is guaranteed to work for the first six months of this Lease and any repairs during this time will be paid for by City. After the first six months, any repair of City -owned Equipment that exceeds $500 will be paid by the City or deducted from the rent owed by Concessionaire, as mutually agreed by Concessionaire and Contract Administrator. If a repair is in excess of $1,000, Concessionaire and contract Administrator will determine whether to repair or replace the City -owned Equipment and will mutually agree how to divide the cost of repairs. Ownership of Equipment that must be replaced is governed by the terms of Section 7 (Equipment), B of this Agreement. D. Maintenance. The Contract Administrator may, at all reasonable times without notice, inspect the Premises to determine if satisfactory maintenance is being performed. If not, Contract Administrator will so notify Concessionaire in writing. If the maintenance is not performed by Concessionaire within a reasonable time stated in the written notice, Contract Administrator may perform the maintenance and charge the City's cost plus 10% overhead to the Concessionaire. E. Cleaning and Sanitation. Concessionaire must maintain the highest standards of sanitation in all areas of food service and its personnel food handling procedures. During operation of the Kitchen Facilities, Concessionaire must clean the Seating Area and tables. Kitchen Facilities, Seating Area, tables and floors must be cleaned daily by Concessionaire. Concessionaire must sanitize all equipment monthly and post on or near each machine a sanitation chart showing the dates the sanitation was performed. F. Food Laws. Concessionaire must strictly adhere to all pure food laws and to all applicable local, city, county, state and federal health and safety regulations and statutes. 8. Trash and Grease Trap. A. Trash. Concessionaire must remove all trash and garbage to the City's dumpster and must not pile boxes or other containers around the Premises. City will provide a dumpster and disposal of the contents. Concessionaire must not dispose of toxic or hazardous materials, as defined by the Environmental Protection Agency, in the dumpster. B. Grease Trap. Concessionaire will clean, or have cleaned, the grease traps on no less than a monthly basis or more often if deemed necessary, and will properly dispose of or ensure proper disposal of the contents of the grease trap. PAGE 4 OF 18 9. Utilities. In return for part of the consideration, City will provide Concessionaire water, wastewater, gas, electricity and the same lighting, heating, cooling and ventilation as generally provided in City Hall. City will provide a telephone extension for local calls only on its phone system; Concessionaire must provide all other telephone service it may require. 10. Personnel. Concessionaire must employ sufficient qualified personnel at all times to provide satisfactory service and efficient operation of Kitchen Facilities. Operations Management personnel must be thoroughly trained and experienced in Kitchen Facilities operations. Concessionaire is an independent contractor and Concessionaire or its agents or employees are not City employees and, thus, not entitled to benefits normally accorded City employees. Concessionaire is solely responsible for the actions or omissions of its employees or agents in performing the obligations of this Lease. Concessionaire must comply with all applicable government regulations and statutes related to employing personnel. 11.Health Regulations. If requested, Concessionaire must furnish to the Contract Administrator, evidence of its and its employees' compliance with all health regulations. Premises and employees are subject to health inspections or qualifications as required by law. 12. Operation Costs. Concessionaire must pay all costs of operating hereunder, including, without limitation: insurance, all taxes, permits and licenses required by law. 13. Laws, Ordinances, Etc. Concessionaire must observe and obey all applicable laws, ordinances, regulations and rules of the federal, state, county and City governments. 14. Rules. The City Manager may adopt and enforce reasonable rules and regulations with respect to the use of City Hall and related facilities which Concessionaire agrees to obey and observe. 15. Inspection. Concessionaire must allow the Contract Administrator access to the Premises and equipment at all reasonable hours, to examine and inspect the Premises for purposes necessary, incidental to, connected with the Concessionaire's performance, or in the exercise of its governmental functions. City personnel shall have the right, at all reasonable times, to enter upon the Premises, including the Kitchen Facilities, for purposes of inspection, repair, fire or police action and enforcement of this Lease. 16. Termination. A. Concessionaire. This Lease may be canceled by the Concessionaire if any one or more of the following events occur: 1. The permanent abandonment of the City Hall. 2. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the City Hall, which remains in effect for 90 days. 3. If Concessionaire's Kitchen Facilities are so damaged by fire, explosion, the elements, the public enemy or other casualty not attributable to Concessionaire or its employees as to remain untenable for more than 30 days, Concessionaire may give the Contract Administrator written notice of its intention to cancel this Lease in its entirety as of the date of the damage or destruction. PAGE 5 OF 18 B. City. City may cancel this Lease at any time with or without cause. Notice of cancellation must be in writing and will be effective no more than 60 days from the date of written notice. This notice of cancellation can include, but is not limited to: defaults, breaches, lack of service or omissions leading thereto. C. Delinquency. Concessionaire will be deemed "delinquent" or "in default" if the City has not received Concessionaire's monthly rental payment and financial statement on or before 5:00 p.m. on the 20th day of the month following the calendar month for which the rental obligations accrue. If the 20th day of the month falls on a weekend or city - recognized holiday, the respective payments and financial statement must be tendered on the first business day thereafter. In the event of delinquency or default, the City Manager may, at his option, terminate this Lease after Concessionaire fails or refuses to pay the amounts due or provide the required financial statements within fifteen (15) days after City has sent written notice to Concessionaire of the delinquency or default. 17.Indemnity. Concessionaire must indemnify and hold harmless City, its officers, employees, or agents ( "Indemnities ") from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted against City on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of Concessionaire or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises or any Improvements thereon pursuant to this Lease with the expressed or implied invitation or permission of Concessionaire (collectively "Concessionaire's Invitees ") or when any the injury or damage is the result, proximate or remote, of the violation by Concessionaire or Concessionaire's Invitees of any law, ordinance or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Improvements located on the Premises herein or out of the use or occupancy of the Improvements to the Premises or the Premises itself by Concessionaire or Concessionaire's Invitees. Concessionaire covenants and agrees that in case City shall be made a party to any litigation against Concessionaire or in any litigation commenced by any party, other than Concessionaire relating to this Lease, Concessionaire shall defend City upon receipt of reasonable notice regarding commencement of such litigation. 18.Insurance. The Concessionaire must obtain and maintain the minimum insurance listed in the attached and incorporated Exhibit D for the period of the Lease at its own expense and use an insurance company or companies acceptable to the Contract Administrator and must furnish the Contract Administrator with a Certificate of Insurance evidencing that such insurance is in effect. The Certificate must specify parties who are additional insured and must indicate endorsements which are specifically included or excluded. Such Certificate and insurance must not be canceled, materially changed or not renewed without 30 days prior written notice to the Contract Administrator. A copy of all insurance policies will be provided to the Contract Administrator upon his/her written request. 19.Assignment. This Lease may not be assigned or transferred, in whole or in part, directly or indirectly without the prior written consent of the City. 20.Redelivery. Concessionaire must make no unlawful or offensive use of the Kitchen Facilities and must, at the expiration or sooner cancellation hereof, without notice, redeliver the PAGE 6 OF 18 Kitchen Facilities to the City, peaceably, quietly and in good order and condition, reasonable use and wear thereof excepted. 21.Attorney's Fees. If any action or proceeding is brought to collect the fees due or to become due hereunder, or any portion thereof, or to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Concessionaire must pay the City such sum as the Court may adjudge reasonable as attorney's fees in said action or proceeding, or in the event of an appeal as allowed by the Appellate Court, if a judgment is rendered in favor of the City. 22. Non - Waiver. Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto is not deemed or considered as a continuing waiver, and does not operate to prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach, either of the same condition or covenant or otherwise. Acceptance or payment of fees will not be deemed a waiver. 23. Force Majeure. Neither Concessionaire nor the City will be held in default under this Lease for failure to perform hereunder, if the failure is due to strikes, riots, insurrections, fire, war, acts of God, inability to obtain labor, machinery, material or merchandise or for any cause beyond a reasonable control, provided every reasonable effort has been made to perform as required herein. However, the City will not be responsible for any loss to the Concessionaire due to temporary suspension of operations, regardless of cause. The suspension(s) may result from but are not limited to: power failure, fire, and /or extraordinary weather conditions. 24. Nondiscrimination. Concessionaire agrees that, during the Lease, it will: a) Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age or handicap. b) Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or requests. 25.Notices. All notices, demands, requests or replies provided for or permitted by this Lease shall be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: If to City: City of Corpus Christi Purchasing Division Attention: Paul Pierce, Procurement and General Services Supervisor P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Physical Address for use by overnight express delivery service: 1201 Leopard Corpus Christi, Texas 78401 -2825 Fax Number: (361) 826 -3174 PAGE 7 OF 18 If to Concessionaire: Leo Anthony Gonzalez 4450 Greenwood Drive Corpus Christi, Texas 78416 Fax number: (361) Notice deposited with the United States Postal Service in the manner described above will be deemed effective one (1) business day after deposit with the U. S. Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. 26.Taxes and Fees. Concessionaire must pay all taxes, licenses and fees required to operate and maintain it's Kitchen Facilities on the Premises. Furthermore, Concessionaire must pay all taxes which its use of the Premises and Kitchen Facilities may cause to be assessed against the Premises and Kitchen Facilities. Concessionaire must pay all payroll taxes and related taxes and fees incident to operation of its Kitchen Facilities on the Premises. All these taxes and fees must be paid prior to the due date thereof. Additionally, Concessionaire covenants to timely pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Concessionaire must provide proof of payment of these taxes to the Contract Administrator within 30 days after his/her written request thereof. Failure to pay or provide proof of payment is grounds for immediate termination of this Lease. 27. Modifications. No provision of the Lease may be changed, modified or waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 28. Financing. City recognizes that Concessionaire may borrow funds for improvements to the Kitchen Facilities, and its lender or lenders will require a first lien upon Concessionaire's leasehold. The fee simple estate of Lessor in the surface estate burdened by Concessionaire's leasehold estate must be exempt from the lien, and any lien must contain the following language: "Lender agrees that the lien created by this instrument is effective only as to Concessionaire's leasehold estate created by that certain lease dated executed by the City of Corpus Christi, as Lessor, and , as Concessionaire, and does not affect Lessor's interest, being the fee simple estate burdened by Concessionaire's leasehold estate" or other similar language approved by the City Attorney. In the event of any foreclosure by any lender of its lien or liens on the Kitchen Facilities or fixtures, or trade fixtures, the lender succeeds hereunder to all rights, privileges and duties of Concessionaire, including without limitation paying rent, as if said lender was originally named tenant herein, and the lender will have a reasonable time after date of foreclosure (not more than 180 days) to sublease the Kitchen Facilities to parties as may be approved by City. 29.Signs. Concessionaire must not place, paint or otherwise affix any sign at, on or about the Premises, or any part thereof, without the Contract Administrator's prior written approval. The City may require Concession to remove, paint or repair any signs allowed. If Concessionaire does not remove, paint or repair the signs within ten days of demand thereof in writing, the City may remove, paint or repair the signs and charge Concessionaire the City's expenses plus 10% overhead. Concessionaire agrees to pay within 30 days after City sends an invoice to Concessionaire. Concessionaire may place menu signs and displays on the walls of the cafe. Additionally, Concessionaire may periodically exhibit the work of local artists in the cafe, with prior approval of Contract Administrator. 30.Alterations /Improvements. Concessionaire must not make any alterations to the Premises without the prior written consent of the City Manager. 31.Changes in Lease. This Lease contains the entire agreement between the parties. None of the covenants, terms or conditions of this Lease may be altered or waived, except by a written instrument, duly signed by authorized representatives of the parties hereto. And no act or omission or waiver by the City as to a default, either in whole or in part, by Concessionaire of a covenant, term or condition of this Lease, waives the City's right to insist upon Concessionaire's full performance in the same manner and to the same extent as the same are herein covenanted to be performed by the Concessionaire. 32. Lease Relationship. The parties hereby create a landlord /tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein, neither the method of computation of rent, or any other provision contained herein, or any of the acts of the parties, creates a relationship of principal and agent, or of partnership, or of joint venture between the parties hereto. 33. Holding Over. If Concessionaire, with the consent of City, continues to remain on the Leased Premises after the lease term, then Concessionaire becomes a tenant from week to week, notwithstanding the duration of time for which rent may be paid, and the City Manager has the absolute right to terminate this tenancy upon 7 calendar days notice. 34. Pest Control. City will provide pest control services to the Premises and Seating Area approximately quarterly. Concessionaire may provide more frequent pest control services at its expense, but must notify the Contract Administrator at least two (2) business days prior to any pesticide application. 35.Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. 36.lnterpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. 37. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Concessionaire for the use granted. All other agreements, promises and representations, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits, of the terms, conditions, promises and covenants relating to Concessionaire's operations and the Premises to be used in the operations. The unenforceability, invalidity or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid or illegal. 38.Severance Clause. If for a reason any section, paragraph, subdivision, clause, phrase, word or provision of this lease is held as invalid or unconstitutional by a final judgment of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, PAGE 9 OF 1B phrase, word or provision of this lease for it is the definite intent of this lease that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given the full force and effect for its purpose. Signed in duplicate originals this day of , 2008. City: George K. Noe, City Manager Attest: Armando Chapa, City Secretary Legal Form Approved: this day of , 2008. Veronica Ocanas Assistant City Attorney For City Attorney Leo Anthony Gonzalez ony Gonzalez, Sole Prop 6'A ony Gonzalez, Sole Proprietor /Owner PAGE 10 OF 18 EXHIBIT A List of Equipment provided by the City of Corpus Christi City Preparation table Refrigerator Freezer Ice Machine 6 black cafe tables 17 black cafe chairs Double Oven Range Hot Table Salad Cold Table Kitchen Fire Extinguisher Cafe Fire Extinguisher PAGE 11 OF 18 EXHIBIT B List of Equipment provided by Concessionaire (Leo Anthony Gonzalez) Microwave Oven Deep Fryer Two Stainless steel Prep tables — 5' x 3' All pots, pans and utensils Blender Cash Register Credit Card Machine Plates, Trays, flatware, to -go boxes All Food & Beverages All Counter Top displays Decorations (paintings, pictures, displays) Coffee equipment — 1 coffee maker, assorted decantors Plastic tea dispenser with spigot Dispenser for aguas frescas with spigot Capuccino machine 3 — Chalk boards Table clothes and plastic covers for each table 3 trashcans Container to collect/store used grease 1 easel in Atrium on 15t floor 1 easel in Atrium on 6th floor PAC-1F 17 C]F 1R Vent Hood Water heater Large sink in Kitchen Small sink in cafe Countertop case work EXHIBIT C List of permanently installed equipment and fixtures PAGE 13 OF 18 EXHIBIT D INSURANCE REQUIREMENTS SECTION I. CONCESSIONAIRE'S LIABILITY INSURANCE A. Concessionaire must not commence work under this agreement until all insurance required herein has been obtained and approved by the City. Concessionaire must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Concessionaire must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, non- renewal, material change or termination required on all certificates Bodily Injury and Property Damage Per occurrence/ aggregate • Commercial General Liability including: 1. Commercial Form 2. Premises -- Operations 3. Products) Completed Operations Hazard 4. Contractual Insurance 5. Food Handlers Liability 6. Independent Contractors 7. Personal injury / Advertising Injury $500,000 COMBINED SINGLE LIMIT Workers' Compensation Employers' Liability Required if Concessionaire employs any person other than himself 1 herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT & SECTION II OF THIS EXHIBIT $100,000 C. In the event of accidents of any kind, Concessionaire must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. SECTION II. ADDITIONAL REQUIREMENTS A. If applicable, as stated in Section I - B. Table, Concessionaire must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements PAnc 1A nr IR approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Concessionaire will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording" changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of material change, non- renewal, termination or cancellation is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items I - B Table (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1 - B. Table (1) -(7) are included or excluded. 2088 City Hall Food Service ins. req 4-4-08 ep Risk Mgmt. PAGE 15 OF 18 CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS ENTERPRISE. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: HISTORICALLY UNDERUTILIZED BUSINESS (HUB) YES E NO DISADVANTAGED BUSINESS ENTERPRISE (DBE) ❑ YES 10 SMALL DISADVANTAGED BUSINESS ENTERPRISE (SDBC) ❑ YES NO OTHER (PLEASE SPECIFY): THIS COMPANY IS NOT A CERTIFIED MINORTITY BUSINESS DYES NO THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firm Name Address: City: (6b Avid xy ye-/-6 6e ad Cap ", vila State: 74' Zip: 7.=0/� Sign - l re of rs- Authorized to Sign Form Signer's Name: (Please print or type) Telephone: - / - •rn-/3-rD Ext. Fax: E -mail: Date: Title: `,Ud 6/h.1 ye5F, 4z-411` City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. Zeeo y y 044 L gIffo beewatx, Corks 04.4 I AIS 7o'1// FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner Lk.'" 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm," Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: by Title: (Type or Print) Signature of Certifying Person: PAGE 17 OF 18 Date: % /ate DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deaf with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a,. firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements" f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. PAGE 18 OF 18 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR LEASE AND USE AGREEMENT, WITH TWO TWELVE MONTH OPTIONS TO RENEW, WITH LEO ANTHONY GONZALEZ, SOLE PROPRIETORIOWNER, TO OPERATE A FOOD SERVICE CONCESSION AT CITY HALL KITCHEN FACILITIES IN CONSIDERATION OF LEO ANTHONY GONZALEZ, SOLE PROPRIETORIOWNER, PAYING 1% OF MONTHLY GROSS SALES UP TO $5,999 PER MONTH, 3 % OF MONTHLY GROSS SALES FROM $6,000 TO $8,000 PER MONTH AND 5% OF MONTHLY GROSS SALES ABOVE $8,000 PER MONTH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a one year lease and use agreement, with two twelve month options to renew, with Leo Anthony Gonzalez, Sole Proprietor /Owner, of Corpus Christi, Texas, to operate a food service concession at City Hall's kitchen facilities for and in consideration of Leo Anthony Gonzalez paying to the City of Corpus Christi a dollar amount equal to 1% of all monthly Gross Receipts amounting to up to $5,999 per month, 3 % of all monthly Gross Receipts amounting to between $6,000 to $8,000 per month, and 5% of all monthly Gross Receipts amounting to above $8,000 per month. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 29th day of April, 2008. ATTEST: Armando Chapa, City Secretary Legal fo m approved 18-Apr-08 By: , ..e Veronica Ocanas Assistant City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett, Mayor H:ILEG- ❑IRIVERONICAO\1.ENG11 AGENDA ITEM SI0810429081042908 ORD LEASE - CITY HALL KITCHEN.000 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 The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Bill Kelly Melody Cooper. Larry Elizondo, Sr. Mike Hummel) Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez H :LEG- DIRIVERONICAOI1.ENG11 ..... AGENDA ITEM S10810429081042908 ORD LEASE - CITY HALL KITCHEN.DOC 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/29/2008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $10,000 from the State of Texas, Texas Alcoholic Beverage Commission for additional overtime to enforce underage drinking laws. B. Ordinance appropriating $10,000 from the State of Texas, Texas Alcoholic Beverage Commission, in the No. 1061 State and Federal Grant Fund for additional funding to enforce and prevent underage drinking. ISSUE: The Texas Alcoholic Beverage Commission has awarded additional funds to the Police Department which must be accepted and appropriated. BACKGROUND: TABC has additional funding available for the enforcement of underage drinking laws on an overtime basis. REQUIRED COUNCIL ACTION: Acceptance and appropriation of funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 01/30/07, first grant accepted and appropriated on 05/22/2007. CONCLUSION AND RECOMMENDATION: Staff recommends acceptance and appropriation of the additional funds. Attachments: Grant adjustment notice Bryan P. Smith Chief of Police WNW =TEXAS :ALCOHOLIC BEVERAGE COMMISSION Alan Steen Administrator March 31, 2008 City of Corpus Christi George K. Noe Po Box 9277 Corpus Christi, Texas 78469 Dear Mr. Noe, John Steen Chairman -San Antonio Jose Cuevas, Jr. Member - Midland Steven M. Weinberg, MD, JD Member- Colleyvile RECEIVED APR ''' 2308 CITY MANAGER'S OFFICE The Texas Alcoholic Beverage Commission is notifying the City of Corpus Christi that grant number 86007, Enforcing the Underage Drinking Laws grant has been revised per attachment. Please feel free to contact me if you have any questions regarding this issue. Thank you, Robert Wrigh Grants Coordinator Texas Alcoholic Beverage Commission Cc: Bryan Smith, Chief of Police, Pat Eldridge, Police Administration Manager P.O. Box 13127, Austin, Texas 78711 -3127 • (512) 206 -3333 • www.tabc.state.tx.us An Equal Opportunity Employer • TEXAS - ?ALCOHOLIC BEVERAGE ..--- -.COMMISSION GRT•EUDL -6 (Rev. 11107) EUDL Budget Adjustment Request Enforcing the Underage Drinking Laws Attached is a copy of your EUDL Grant Contract. Please complete the following form, GRT -EUDL 6, EUDL Budget Adjustment Request when making budget adjustments. Enter only the adjustments being requested. Provide a detailed description of the adjustment request. Email this form along with the attached contract to prantsCa?tabc.state.tx.us. Organization CITY OF CORPUS CHRISTI, POLICE DEPARTMENT Project Title ENFORCING UNDERAGE DRINKING LAWS BUDGET SUMMARY Items Original , :.:Adjusted TABC Request TABC . Request Grant Match Total . . A. SALARIES $ 26,800 $ 36,278 $ 5.958 $ 69,036 B. SUPPLIESICONSUMABLES $ 8,200 $ 8,200 $ 22,802 $ 31,002 C. TRAVEL $0 $0 $0 $0 D. RENT $0 $0 $0 $0 E. TRAINING/CONFERENCES $ 0 $ 0 $ 0 $ 0 F. PURCHASE OF EVIDENCE $ 0 $ 522 $ 500 $ 1,022 G. PROFESSIONAL/CONTRACTUAL $ 0 $ 0 $ 0 $ 0 H. OTHER $0 $0 50 50 Total Budget $ 35,000 $ 45,000. $ 29,260 $ 74,260 DESCRIPTION OF ADJUSTMENT 1. Salaries: Increase in enforcement hours to conduct more minor stings /inspections - an additional 180 hours based on average extra duty pay rate of $43/hr, TMRS 14.8% and FICA 7.65% 2. Purchase of evidence - to pay informants for information and to conduct minor stings Based on additional $10,000 in funds provided by TABC. www.tabc.state.tx.us ORDINANCE APPROPRIATING $10,000 FROM THE STATE OF TEXAS, TEXAS ALCOHOLIC BEVERAGE COMMISSION, IN THE NO. 1061 STATE AND FEDERAL GRANT FUND FOR FUNDING TO ENFORCE AND PREVENT UNDERAGE DRINKING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000 from the State of Texas, Texas Alcoholic Beverage Commission is appropriated in the No. 1061 State and Federal Grant Fund for funding to enforce and prevent underage drinking. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 29th of April, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form Api! 1 , 2008 Joseph Htney Assistant City Attorney For City Attorney ( TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, Ilwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Ellzondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04129/08 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $454,562 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 8 with a City cash match of $267,354, in- kind services of $14,019, and program income cash match of $11,091, for a total project cost of $747,026 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for 7 years. FUNDING: Year 8 of the grant requires at least a 20% match by the City that may be cash, in- kind, or program income. ATPA considers the three General Fund officers working in the Auto Theft Unit to be a cash match and operating expenses to be in -kind. In -Kind Contribution — copy machine, supplies, and office space 14,019 Cash contribution — travel expenses from grant program income 11,091 Cash Contribution - three General Fund Auto Theft officers salaries /fringe benefits 267,354 CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. Bry P. Smith Chief of Police Attachments: ✓ Grant application BACKGROUND INFORMATION The City of Corpus Christi is applying for Year 8 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 46% from 1,515 to 824 in 2007. The grant provides $405,842 for one Lieutenant to supervise the Unit, two swom CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. iMos tirt.""..411.110.6.30. APPLICATION FOR STATE ASSISTANCE AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY (ABTPA) (REV. 1/08) 1. For ABTPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification (For ABTPA Use Only) 4. a. Date Received by State b. State Application Identifier SA -T01- 10045 -09 5. Applicant Information a. Legal Name: City of Corpus Christi b. Address (give street or P. O. Box, City, County, State, and Zip Code) 321 John Sartain Corpus Christi, TX 78401 c. Organized Unit: d. Name and telephone number of person to be contacted on matters involving this application (give area code) Pat Eldridge 361 -886 -2696 6. State Payee Identification Number 1746000574-01 7. Type of Applicant (enter the appropriate C A. State H. Independent B. County I. State Controlled C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. lntermunicipal M. Nonprofit G. Special District N. Other (specify): letter in box) School District Institution of Higher Learning Organization 8. Type of Application: ❑ New X Continuation ❑ Revision If Revision, check appropriate box(es). ❑ Increase Award ❑ Decrease Award ❑ Other (specify) ❑ Increase Duration ❑ Decrease Duration 9. Name of Grantor Agency: Texas Automobile Burglary & Theft Prevention Authority 4000 Jackson Avenue Austin, Texas 78731 Phone: (512) 374 -5101 Fax: (512) 374 -5110 Website: www.txwatchyourcar.com 10. Title of Project: Corpus Christi Auto Theft Prevention Grant 11. Areas of Project Activities (Cities, Counties, States, etc.) City of Corpus Christi Nueces County 12. Proposed Project Start Date: 09/01/08 Ending Date: 08/31/09 13. Is YES, (TRACS) for review X NO. application subject to review by state executive order this application was made available to the Texas Review on 12372 process? and Comment System covered by E. O. 12372 been selected by state for review Date ❑ Program is not ❑ Program has not 14. Funding Summary: Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. a. Total State Grant Funds $ 454,562 Requested (ABTPA) b. Cash Match $ 278,445 c. In -Kind Match $ 14,019 15. Is the applicant delinquent on any federal debt? ❑ YES If "Yes" attach an explanation X NO d. TOTAL(s) $ 747,026 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. George K. Noe City Manager 361- 826 -3220 a. Typed name of Authorized Official b. Title c. Telephone Number d. Signature of Authorized Official e. Date Signed ABTPA -1 RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $454,562 TO THE AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 8 FUNDING WITH A CITY CASH MATCH OF $267,354, IN -KIND SERVICES OF $14,019, AND A PROGRAM INCOME CASH MATCH OF $11,091, FOR A TOTAL PROJECT COST OF $747,026 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $454,562 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 8 funding with a City cash match of $267,354, in -kind services of $14,019, and a program income cash match of $11,091, for a total project cost of $747,026 and is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 4f)ri/ 1( , 2008. By: Joseph ilarney Assistant City Attorney For City Attorney i Reso- grant- AutoTheft3.doc Henry Garrett Mayor 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 Reso- grant- Autoihef3.doc 2 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/29/08 AGENDA ITEM: Ordinance appropriating $178,226 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one - time" expenditures in the FY 2007- 2008 operating budget, and changing the FY 2007 -2008 operating budget adopted by Ordinance No. 027352 by increasing appropriations by $178,226 and declaring an emergency. ISSUE: The Crime Control and Prevention District Board of Directors approved one- time expenditures using the surplus fund balance from FY 0607 BACKGROUND INFORMATION: On April 16, the Crime Control Board approved the following one time purchases with estimated cost: 1. 119 Tasers = $167,000 2. Drug Canine, associated equipment, and training = $11,226 REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. 004,2111004.44/ B. P. Smith 5i/j Chief of Police ORDINANCE APPROPRIATING $178,226 FROM THE UNRESERVED FUND BALANCE IN NO. 9010 CRIME CONTROL DISTRICT FUND FOR "ONE- TIME" EXPENDITURES IN THE FY 2007 -2008 OPERATING BUDGET, AND CHANGING THE FY 2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE 027352 BY INCREASING APPROPRIATIONS BY $178,226; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $178,226 is appropriated from the unreserved fund balance in the No. 9010 Crime Control District Fund for `one -time" expenditures in the FY 2007 -2008 operating budget. SECION 2. That the FY 2007 -2008 Operating Budget, adopted by Ordinance No. 027352, is changed by increasing appropriations by $178,226. SECTION 3. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the 29th day of April, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form Joseph Harney Assistant City Attorney For City Attorney 1 , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi 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 6 AGENDA MEMORANDUM City Council Action Date: April 29, 2008 SUBJECT: City -Wide Elevator Repairs (Project No. 4348) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Schindler Elevator of San Antonio, Texas, in the amount of $280,533 for the City -Wide Elevator Repairs. ISSUE: The Texas Department of Licensing and Regulation (TDLR) administers the Quality Elevator Inspection (QEI) program in the State of Texas. The program includes: • Registration of all elevators and vertical lifts in the State of Texas; • A program of State annual inspections; and • A program of periodic upgrades of elevators. As part of the QEI program, TDLR delivers to all elevator owners a list of upgrades and the time schedule to complete the required improvements. The deadline to address the upgrades for City -owned elevators will occur this year. The work included in the proposed contract must be completed during 2008. The contract will result in continued compliance for 38 elevators and vertical lifts in several City facilities. FUNDING: Funding for this project will come from the Maintenance Services Fund of the FY 2007 -2008 Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. i J. avis ctor of General Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:IHOME1RachellelGEN'Public Faciliiies14348- ElevaSar RepairslAgenda Memo.doc Kevin R. Stowers Interim Director of Engineering AGENDA BACKGROUND INFORMATION SUBJECT: City -Wide Elevator Repairs (Project No. 4348) PROJECT DESCRIPTION: The project consists of repair and maintenance work on 38 vertical lifts located at various locations throughout the city. The locations are: American Bank Center, Police Station, City Hall, O.N. Stevens Water Treatment Plant, Health Department, C.C. International Airport, Central Library, Multi - Cultural Center, C.C. Museum of Science and History and the Frost Bank Building. The work shall be constructed in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from three bidders on April 2, 2008 (see Exhibit "B" Bid Tabulation). The estimated construction cost was $290,396. The bid proposal consisted of the following: > Base Bid: Repair and maintenance work on 38 vertical lifts located at various locations throughout the city. > Additive Alternate No. 1: Relaminate Elevator Panels with stainless steel for Elevator A (6' -8" x 4' -3 "), American Bank Center Arena. > Additive Alternate No. 2: Relaminate Elevator Panels with plastic laminate for Elevator A (6' -8" x 4' -3 "), American Bank Center Arena. > Additive Alternate No. 3: Relaminate Elevator Panels with stainless steel for Elevator B (5' -6" x 5' -8 "), American Bank Center. • Additive Alternate No. 4: Relaminate Elevator Panels with plastic laminate for Elevator B (5' -6" x 5' -8 "), American Bank Center. For the base bid, the bids ranged from $195,535.00 to $517,264.00. Two of the bidders, South Texas Elevator, LLC, and Thyssenkrupp Elevators, submitted non - responsive bids because they failed to submit their bid bond with their proposal, which was required in the bid documents. Consequently, the only responsive bidder of the three was Schindler Elevator of San Antonio, Texas. The city's consultant, Dykema Architects, Inc., and City staff are recommending that the construction contract be awarded to Schindler Elevator for the base bid only in the amount of $280,533.00. The low qualified firm's bid price for the additive alternates was deemed excessive. The additive alternates will be addressed in the future as a separately bid project or as a future maintenance project. CONTRACT TERMS: The project is estimated to require 210 calendar days, with completion anticipated in December 2008. PRIOR ADMINISTRATIVE ACTION: 1. September 12, 2007 — Approval of a small Agreement for Consultant Services with Dykema Architects Inc. of Corpus Christi, Texas, in the amount of $18,000 for the City - Wide Elevator Repairs (TDLR -QEI). H:HOME4RachellelGEMPublic Facilities14348- Elevator RepairsWgenda Background.doc TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS d E 0o mN Q CV wC 5 m o #e co o 0 it w � ti v � co LL! a c a c 2 L c U c gl- >. a 8 0) I- Z z O EA 69 O O N M ti 03 64 M 0 O O LC) cf) Cn 0) EA 0 O O 64 0 C7 O O 1I) 64 0 0 O 64 O O O O ti 69 1— Z O 2 O O ri M L0 O 03 69 64 O O LO 00 00 6F3 03 O 0 CO Ln 03 69 ICJ a cc rt O d ftt m IL) .& V 0. E 7 CI- E co J 0. J co aE J co 0. E 7 J co DESCRIPTION N C N a _ O C`) CD x LCI 0 m ro� TO 0 c C w < p o u) Z c 0 E°� w yx G «O. CO N m < C c 7 '5 to 0 E *Non - responsive bid. Bidder did not include Bid Bond. SUMMARY OF BIDS #E" v in a0 u, LL N Fr c •- a C v) a J •C 2 m U dj CO 7 H EL >� o 1- O O CD N ti 64 0 O CD O CD 64 0 0 N CD Cr) (0 69 O O CO N Q) N O 6.3 O O O co r Ch LO 69 0 0 Ln LC] LI] a) T (f3 O 0 O M O N 64 O Q LC) M O N 69 0 Ln M U') 0) O N N3 O O Ln M Cn M N 0.1 69 o co r� O oo � fit` d }x N C .Q U C N Q C as o) O 0 ri Lti O 03 N fJ3 O O rn M CA C3) 64 o 0 N 03 r) 69 O o N 0 M 6R3 O O Lri rn co. M M 6F3 aE 3 J N E E 7 7 J co E co J O. E E 7 J in °•E E J N Base Bid plus Add Alt No. 2 Base Bid plus Add Alt No 2 plus Add Alt 4 Base Bid plus Add Alt 1 Base Bid plus Add Alt 1 plus Add Alt 3 CITY -WIDE ELEVATOR REPAIRS (PROJECT NO. 4348) PROJECT BUDGET April 29, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET Maintenance Services Fund $ 351,028.94 FUNDS REQUIRED: Construction Cost (Schindler Elevator) $ 280,533.00 Construction Contingencies 28,053.30 NE Consultants (Dykema Architects Inc.) 18,000.00 Construction Inspection 11,221.32 Engineering Reimbursements 8,415.99 Finance Reimbursements 2,805.33 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 351,028.94 EXHIBIT "C" Page 1 of 1 File : \ Mproj ect \councilexhibits \exh4348.dwg San Patricio County 1 HWY 44 AGNES CORPUS a+ CHRISTI v. INTERNATIONAL' AIRPORT 2 CORPUS CHRISTI BAY 1) AMERICAN BANK CENTER 2) POLICE STATION 3) CITY HALL 4) ONS W.T.P. 5) HEALTH DEPARTMENT 6) C.C. INTERNATIONAL AIRPORT 7) CENTRAL LIBRARY 8) MULTI— CULTURAL CENTER 9) C.C. MUSEUM OF SCIENCE AND HISTORY 10) FROST BANK BUILDING CITY PROJECT No. 4348 F.H. 43 LOCATION MAP NOT TO SCALE FM 2444 EXHIBIT "D" CITY -WIDE ELEVATOR REPAIRS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -11 -2008 NI ME 7 AGENDA MEMORANDUM SUBJECT: SOUTH TEXAS CELTIC MUSIC FESTIVAL AGENDA ITEM: DATE: April 29, 2008 Motion authorizing the City Manager or his designee to approve the application from Hugh Tomlinson, President of South Texas Celltic Music Association, to temporarily close the following street section and waive the free admission requirement for the South Texas Celtic Music Festival, taking place on May 10, 2008. A. Peoples Street between North Water Street and Chaparral Street on Saturday, May 10, 2008 from 11:00 a.m. to 11:00 p.m. ISSUE: The South Texas Celtic Music Association will require the temporary street closure of Peoples Street. Sec 49 -17(a) of the City Code or Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. The South Texas Celtic Association has requested that the City Council waive the free admission requirement. Sec. 49 -17 authorizes the city council to waive the free admission requirement if the city council finds that conducting the South Texas Celtic Music Festival in the city will provide sufficient favorable publicity and economic benefits to justify the waiver. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. Kevin R. Stowers, Interim Director of Engineering Services -1/1 8/05 Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map Exhibit "C" Permit Application from City of Corpus Christi Parks & Recreation BACKGROUND INFORMATION Backeround Information: The South Texas Celtic Music Association is proud to host the "South Texas Celtic Music Festival," on Saturday, May 10, 2008 from 11:00 a.m. to 11:00 p.m. This event is to promote an appreciation for the important contributions Celtic culture has made to South Texas in music and dance. It will showcase a wide variety of musical talent from traditional ballads to contemporary Celtic rock. The South Texas Celtic Music Association supports higher education in South Texas. Part of its proceeds will be used to fund two scholarships to Del Mar College Students. The association also supports Project Children financially, by donating part of the profits from the festival to bring in two children from Northern Ireland to the United States for two weeks in the summer to encourage diverse cultures living together without violence. There will be a $5.00 admissions fee. A sign will be posted at the entrance of the event allowing mothers and children 12 and under free admission. Event staff will grant free access to females who publicly state that they are mothers. The "South Texas Celtic Music Festival will take place on the 300 block of Peoples Street on Saturday, May 10, 2008 from 11:00 a.m. to 11:00 p.m. The association asks that Peoples Street be temporarily closed between North Water Street and Chaparral Street. EXHIBT "A" Pale 1 of 1 T N SCALE: N.T.S. STARR ST. STARR S PEOPLES STREET TEMPORARY STREET CLOSURE 7./ EVENT DATE / TIME DATE: 5 -10 -2008 START: 11:00 AM END: 11:00 PM PEOPLES ST. -� SCHATZELL ST. EXHIBIT: " B " SUBJECT: SOUTH TEXAS CELTIC MUSIC FESTIVAL TEMPORARY ROAD CLOSURE OF PEOPLES ST. SHORELINE BLVD. SHORELNE_ BLVD. - SITE PLAN - 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: South Texas Celtic Music Association 2. Name of Proposed Event: South Texas Celtic Music Festival 3. Date of Planned Event: May 10 j.9.r2908r, 2,1)0 Lid) 4. Key Contact Individual Laurie Wood Phone No. 361.215.4433 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE 300 block of People' Street between North Water and North Chapparral Street from 74+80am until 10}90Dm Saturday May 10, a , . 1,t,t1 ij:o0 II :00 k) 6. Purpose of Event and Detailed Description of Activities Planned: Conduct a music festival, one or possibly two stages with live bands and dancers along with food and craft vendors. 7. List foods and beverages to be served: Beer, soft drinks, bottled water, normal festival foods such as hamburgers, sausage on a stick, turkey legs. 8. Services Requested by the City: Permission to close the street for the weekend. Mey /012,60 & /114 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20188). Exhibit "C" 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: All profits derived from the event shall be for charitable causes; withirrsixty -(b r-tl° eve 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 restroom 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. Alt security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final Layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre - event condition after event ends; 0. 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: Ev h• rman /O'"-nizer South Texas Celtic Music Association Sponsoring Organization Date Submitted: J�, t/ }7 2taAI EXHIBIT INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permittee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, with the city named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellatlon required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial form 2. Premises - Operations 3. Products completed Operations 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors T. Personal Injury 51,000,000 COMBINED SINGLE LIMIT for large events Or 5500,000 COMBINED SINGLE LIMIT for small events AUTOMOBILE LIABILITY —OWNED NON —OWNED OR RENTED 5500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 1I OF THIS EXHIBIT 5100,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". • The name of the project must be listed under "Description of Operations" At a minimum, a 30 -day written notice of change or cancellation is required. C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(8), an authorized representative of the insurance company must include a Letter specifically stating whether items 1.B (1) -(8) are included or excluded. ID. A completed Disclosure of Interest must be submitted with your proposal. INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to dose or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 4/67/1, rl Perm p icant s Cr' /Y' fei»e41 Company Name 2001 April 2, 2008 To whom it may concern: The South Texas Celtic Music Association wishes to hold a music festival on the block of People's street between N. Water Street and N. Chaparral Street in downtown Corpus Christi, Texas on May 10, 2008. We request permission to hold the South Texas Celtic Music Festival on the street and request permission to close that block of the street to traffic for the weekend to permit using the street as a venue for the festival. We agree to follow all items covered in the Application for Permit to Close Street for Public Event that this letter is attached to. Thank you for your attention to our request, omlinso President South Texas Celtic Music Association --) kd;r i �. .l L1)11..J1k:-:.7fi http: / /www.interwebinc.com /children / http://www.projectchildrentexas.org/ 04/07/08 13:29 FAX 512 491 2404 TML o i, re. root, TML-IRP Contract Numb x8742 Member: Corpus Christi Downtown Management Dist Ms Norma Urban President 410 Peoples St Corpus Christi,Texas 78401 -2316 Certificate Holder: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 TML -IRP UNDERWRITING Certificate of Coverage Company Affording Coverage: Texas Municipal League intergovernmental Risk Pool P0 Box 149194 Austin, TX 78714• -9194 (512) 491 -2300 or (500) 537 -6655 Fax: (512) 491 -2404 i 002 This tss to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certifteate may be issued or may pertain, the coverage afforded by the Taxes Municipal League Intergovernmental Risk Pool (TMLdRP) described herein is subject only to the terms, exclusions and additions Of TML - 1RP's coverage contracts between TMI- -IRP and its member(s). Coverage is Continuous until canceled. Effective Date: Gen ability E'ective gate: 0/1/2007 sal Personal Property Anniversary Date: 10/112006 Anniversary Date: Limits of Coverage: Limits of Liability (Each Occurrence): Sudden Events Involving Pollution (Each Occurrence): Annual Aggregate: Deductible per Occurrence: Law Enforcement Liability Limits of Liability (Each Occurrence): Annual Aggregate: Deductible per Occurrence: _ Errors and Omissions Liability Limits of Liability(Each Wrongful Act): Annual Aggregate: Deductible per Occurrence: Auto Liability Limits of Liability (Each Occurrence): Deductible per Occurrence; Auto Physical Damage Limits of Liability: 'Collision Deductible: Con rehensive Deductible: 31,000,000 31,000,000 32,000,000 30 Effective Dale; Anniversary Date: Effective Date: Anniversary Date: Deductible per Occurrence: Mobile Equipment Effective Date: Anniversary Date; Limits of Coverage: Deductible per Occurrence; Bailer & Machinery -Broad Form Effective Date; Anniversary Date; Per Accident Limit: Deductible per Occurrence: Effective Date: Anniversary Date: YearTMakelllllodeI Effective Date: Anniversary bate: 1 Yes Mortgagee Loss Payee Loan Number: VIN Value , Loss Payee: Loan Number: DESCRIPT1ON: Evidence of coverage for street closure on May 10, 2005 10:00 a.m. - 9:00 p.m. and May 11, 2008 12:00 p.m. - 10:00 p.m. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML -IRP will endeavor to Mail 30 days written notice to the above named certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon TML -IRP. A ized Represent Date Issued 4/7/7408 X102 02/16/06 04/07/08 13:30 FAX 512 491 2404 TML -IRP UNDERWRITING A3�DITIONAT� COQ' RED PARTY Tk1ER-GOVERNMENT ENTITY This endorsement forms a part of the Declarations to which attached, effective on the inception date of the coverage unless otherwise stated herein, and modifies such coverage as is afforded by the provisions of the coverages shown below: Entity Name : Corpus Christi Downtown Management District Entity ID : 8742 Effective Date : 5/10/08 It is agreed that the "Covered Parties" provisions of the coverages listed above are amended to include as a covered party the governmental entity named below. Such coverage shall not exceed the limits of coverage as set forth in the Declaration R. Governmental Entity City of Corpus Christi TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL 12 003 E•L263 OW20/07 8 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: April 29, 2008 Resolution exempting London School Tracts, Lot 1, a subdivision located south of Oso Creek, approximately one mile outside of the city limits, from payment of Wastewater Acreage Fees pursuant to Section V.B.6.1) of the Platting Ordinance. ISSUE: The City Council, with the recommendation of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City water or wastewater services within the next fifteen (15) years. The proposed lot has an area of 2.851 acres, which will allow the use of on -site wastewater disposal in accordance with City /County Health Department guidelines. RECOMMENDATION: Planning Commission and Staff Recommendations (March 19, 2008): Approval of the request for wastewater acreage fee exemption for London School Tracts, Lot 1, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage fees if wastewater services become available within fifteen years of the plat being recorded. REQUIRED COUNCIL ACTION: Approval and passage of a resolution exempting London School Tracts, Lot 1 from payment of wastewater acreage fees. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F — Bob Nix, AICP Assistant City Manager Development Services Department — Background Information — Planning Commission Minutes — Resolution -- Letter from Developer's Representative — Location Map Sanitary Sewer Connection Agreement H:1 PLN- DIRISHAREDIWORDIPLATSIEXEMPTIONILONDON SCHOOL TRACTSILONDON SCHOOL TRACTS.LOT 1.CCAGENDAMEMO.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.I), Mr. Murray Bass, P.E., on behalf of the developer, London Independent School District, is requesting exemption from wastewater acreage fees for a tract of land known as London School Tracts, Lot 1. The property is located outside the City of Corpus Christi's city limits, north of Farm to Market Road 43 (Weber Road), between County Road 33 and Farm to Market Road 763 (south of Oso Creek) and west of State Highway 286. The proposed lot will be used for the expansion of the London School campus. The 1983 Master Sanitary Sewer Plan does not extend south across the Oso Creek. London School Tracts, Lot 1 will have direct access to the City's public water system. The nearest wastewater line is located at the intersection of Saratoga Boulevard (SH 357) and Crosstown Expressway (SH 286), approximately 1.5 miles northeast of the subdivision. The City's priority is to provide wastewater services to those properties east of State Highway 286 within the city limits. It is Staffs determination that wastewater services will not be available to the London School area within the 15 -year timeframe. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement will be executed that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay pro -rata and tap fees. The agreement will also contain language stating that if wastewater services become available within the next 15 years, the owner would be required to pay the acreage fees applicable at the time the wastewater line becomes available. For reference, the amount of the Wastewater Acreage fees are $3,458.95, based on the rate of $1,209.00 per acre, which was the rate applicable at the time the plat was approved. EXHIBIT A City Council Agenda Background London School Tracts, Lot 1 Wastewater Acreage Fee Exemption Page 2 Planning Commission Recommendation (03119108): Approval to exempt London School Tracts, Lot 1 from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage fees if wastewater services become available within fifteen (15) years of the plat being recorded. EXHIBIT A H: IPLN- DIRISHAREDIWORD IPLATSIEXEMPTIONILONDON SCHOOL TRACTSILONDON SCHOOL TRACTS.LOT 1.CCAGENDABACKGRD.DOC APPROVED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday March 19, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice - Chairman Atilano J. Huerta *Departed at 7:12 p.m. James Skrobarczyk John C. Tamez Johnny R. Martinez *Arrived at 5:45 p.m. Evon J. Kelly David Loeb ABSENCES: R. Bryan Stone, Chairman Govind Nadkarni STAFF: Bob Nix, AICP Assistant City Manager of Development Services Faryce Goode- Macon, Interim Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Shannon Murphy, AICP, City Planner 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, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER In the absence of Chairman Stone, Vice Chairman Garza chaired the meeting. A quorum was declared and the meeting was called to order at 5:33 p.m. III. PLATS 4. Wastewater Acreage Fee Exemption a. 0605096 -NP053 London School Tract, Lot 1 (Final - 2.861 Acres) Located north of FM 43 and west of County Road 33. Mr. Saldana stated that several months ago the request came before the Planning Commission for a wastewater fee exemption request for Lot 2 of London School Tract as recommended by the Planning Commission to the City Council. Now, they are coming with a wastewater fee exemption request for Lot 1. Mr. Saldana stated the current fees are $3,458.95 and that is based on a rate of $1,209 per acre. Mr. Saldafia stated this property is located outside the city limits, north of FM 43, which is the extension of Weber Road, between County Road 33 and FM 763, which is south of the Oso Creek and west of State Highway 286. Mr. Saldafia stated there is no master plan for this area and the nearest water line is over one mile away at the intersection of Saratoga Boulevard and Crosstown Expressway. Mr. Saldafia stated the city does not anticipate any wastewater services for this area within the next 15 years, however, the city has requested a sanitary sewer connection agreement which would stated that if wastewater services became available within 15 years of the plat being recorded, then they would be subject to the acreage fees due at the rate at that time. Mr. Saldafia stated the same provision was granted for Lot 2 London School Tracts. Staff EXHIBIT B Planning Commission Minutes March 19, 2008 Page 2 recommends approval of the wastewater fee exemption subject to the sanitary sewer connection agreement. Commissioner Tamez stated his concern that by not charging the acreage fees, developers are not being discouraged from going outside the city limits, and are actually being encouraged to build outside the city limits but within the ETJ. Commissioner Tamez asked staff to look a little deeper into these developments. Mr. Saldafia stated the city is not encouraging development outside the city limits because the city is not going to extend public services to that area or enter into reimbursement agreements to extend services to the area. Mr. Saldana stated that staff has a pretty good idea that there will be no wastewater facilities in that area within the next 15 years, therefore, to save the city money, staff had rather give the exemption now than have to refund the money 15 years from now with 5% interest per year. Mr. Bob Nix, Assistant City Manager to Development Services, stated that the city is putting together a financial analysis and the preliminaries are completed. Mr. Nix stated that by using the system in place now, a recent project that built a sewage collection system, and they were reimbursed for the lot and acreage fees from the trunk fund, as required by ordinance. Mr. Nix stated the total cost to the developer was about 25% of the actual cost of the system, which staff feels is far below the developer's fair share of the cost. Mr. Nix stated staff is looking at the situation and will hopefully come up with some recommendations that will address the issues. In response to Commissioner Loeb, Mr. Saldana stated the ordinance is very specific in stating the 15 -year time frame for reimbursement and it would take an ordinance amendment to change that time frame. In response to Commissioner Skrobarczyk, Mr. Nix stated that at the time an application is received, it is processed under the laws in effect at that time. In response to Commissioner Skrobarczyk, Mr. Nix stated that the rules make this waiver available to people under this particular condition and, historically, such requests have been granted. Vice - Chairman Garza stated that when the city does not anticipate being able to extend services for the next 15 years it is prudent to not expect the developer to pay the fees because it is fees the city knows will be returned. Vice - Chairman Garza stated the city shouldn't charge for something it cannot provide. In response to Commissioner Tamez, Mr. Saldana stated that based on a proposed master plan for the area of the Kitty Hawk subdivision, the city anticipates having wastewater service extended to that area within the city limits within 15 years, which is why the developer was required to pay the acreage and lot fees. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. EXHIBIT B HA PLN- DIA1SHAREDIWORDIPLATS \£XEMM7ON\LOND0N SCHOOL "IRACTS'LONDON SCHOOL TRACTS.LOT 1,PC MINUTES.DOC Planning Commission Minutes March 19, 2008 Page 3 Motion for approval was made by Commissioner 1- Iuerta and seconded by Commissioner Martinez. Motion passed with Commissioner Skrobarczyk voting in opposition and Chairman Stone and Commissioner Nadkarni being absent. EXHIBIT B HA PLN- DIRISHAREDIWORD IPLATSSEXEMPTIOMLONDON SCHOOL TRACTSILONDON SCHOOL TRACTS.LOT I.PC MINUTESDOC RESOLUTION EXEMPTING LONDON SCHOOL TRACTS, LOT 1 FROM THE PAYMENT OF WASTEWATER ACREAGE FEES PURSUANT TO SECTION V. B. 6. I. OF THE PLATTING ORDINANCE WHEREAS, London School Tracts, Lot 1 (Subdivision) is located outside the city limits of the City of Corpus Christi and is not currently served by the City wastewater system; WHEREAS, the owner's representative, Murray Bass, has submitted a written request that the Subdivision be exempt from the payment of wastewater acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V. B. 6. I. of the Platting Ordinance of the City of Corpus Christi, City staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system with in the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater acreage fees at this time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That it is determined that the London School Tracts, Lot 1 is not likely to be served by City wastewater service with in the next fifteen (15) years and is exempt from the payment of wastewater acreage fees at this time, pursuant to Section V. B. 6. I. of the Platting Ordinance of the City of Corpus Christi, subject to the owner of the Subdivision entering into a Sanitary Sewer Connection Agreement. SECTION 2. That the Sanitary Sewer Connection Agreement will require payment of the wastewater acreage fees if wastewater services become available to the property within the next fifteen (15) years. SECTION 3. That the Sanitary Sewer Connection Agreement must be recorded in the county records prior to the recordation of the plat. EXHIBIT C H: IPLN. DIRISHAREOIWORDIPLATSIEXEMPTIONILONDON SCHOOL TRACTSILONDON SCHOOLTRACTS.LOT 1.RESOLUTION.DOC ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to legal form: April 15, 2008 By: R. -y ' -fining first A sistant ity Attorney For City Attorney H:1L EG -DI RISharedUayl Agenda1200814- 291RES- LondonSchool Tracts -exem ptWastewaterFees.doc Page 3 of 3 Corpus Christi, Texas of 2008 The above resolution 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 H:\LEG -DI R1 Sharedl JaylAgenda12U0814- 291RES- LondonSchoolTracts -exem ptWastewaterFees. doc MURRAY °As.S, NIXON M. WBLSIt, P.B.,R.P.L& woriv. bNSS•we ISli.CQQ BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466.6397 March 3, 2008 Mr. Miguel Satdana, Platting Coordinator Developrrlent Center City of Corpus Christi P. O. Box 9277 Carpus Christi, Texas 78489 -9277 Re: Wastewater Acreage Fees, Lot 1, London School Tracts 3054 8. ALAMNDA, z[P 78404 361 8824521— PAX 361 882.1265 c•ivall: sursixtreaol.cont a -mnil: plxru,u4AOt.CODI E 11-V 1E 1151 -1:I LIAR 3 2008 l` molar, ei,,T s� iikfi4; Dear Mr. Satdana: On behalf of our client, London Independent School District, we would iitw to request a waiver of the wastewater acreage fees that Have been accessed against the above referenced plat because, in our opinion, wastewater service will not be available to this site in the foreseeable future. Our check in the amount of $80.00 to cover the application for this request is also enclosed. Please call us if you have any questions or require any additional information, MBJ:sab End: Check, 360.00 CC: Mr. Cher'os MoMelh, Supednlendenl London Indepondent School Oislr1 t 1306 FM 43 Corpus Christi, Texas 78416 Fax: 886-0198 Your very truly, EXHIBIT D Mt ray Bass, ., P.E, R.P.L.S. 14 \PEN -DIR\ SHARED \WORD \PLATS \EXEMPTION \LONDON SCHOOL TRACTS\LONDON SCHOOL TRACTS.LOT 1.REQUEST LETTER.DOC 0 [ • 1 ',...,„ \'...., ....r:_:--/-,,, • / \ \ 11 \\ // •,7---- if • ./ , I I rf- • 9 4.. !. VirtetlifiF:LZ-1 "P F ..,1 r c.) ! Li J $ co: — — • ;L.- !-• i [-H- ! 1: • as Altair on Date: 12/27/2o7 Printing Date: 12/2712007 He; HAPIN.DIRISHADEDOS Profecisk0 nee sk 2007 Plattiogwew Fettle/Vial case °timed Prewred y Mika,' Source: City of Corpus. Christi Department of Development Services EXHIBIT E HAPLN-DIR‘SHAREDIWORDIPLATS‘EXEMPTION‘LONDON SCHOOL TRACTSkLONDON SCHOOL TRACTS.LOT 1.LOCATION MAP.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and London Independent School District, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for London School Tracts, Lot 1, hereinafter called "Development ", (Exhibit I); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer /Owner, and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a wastewater line extension along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; 3. to not subdivide the Development; subdivision of the Development voids this agreement; 4. to pay pro -rata and tap fees at the time of connection to City wastewater; and 5. to obtain a building permit within one (1) year. City agrees: 1. to allow the property to use on -site wastewater treatment as approved by the City /County Health Department. 2. to allow the Developer /Owner to record plat and not require wastewater line construction. EXHIBIT F 1 of 4 INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, 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 THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF LONDON SCHOOL TRACTS, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Agreement and terms of the agreement should expire, be completed, upon connection to City wastewater and payment of appropriate fees. EXHIBIT F 2 of 4 EXECUTED IN DUPLICATE originals, this day of , 2008. DEVELOPER/OWNER: London Independent School District 1306 FM 43 Corpus Christi, TX 78415 Superintendent STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008, Superintendent of the London Independent School District. By: By: Notary Public, State of Texas Juan Perales, Jr., P.E., Development Services Engineer R. Jay Reining First Assistant City Attorney EXHIBIT F 3 of 4 U J Oti oN Z.1Z � gN OA fil ii; o r t 5pgi X11: :� >� c;' gli MP% I V u2 ii WHO; 8 Ip It e¢ Sp.e.3$ ( ;WA& 1Ct44'WW 4669$ IL 111 irfq lYp 401 g PA d 4 1 2 g - q 8 11 reg!§f 6414 ISM IOW F9�P'S Or§ 15 05 sx !I a .4 DElgtal0 WV% l•t 41.461.011 XPIONVdl 0101110 Xd X4'1 p0-0t•t0 gJYplpld EXHIBIT 1 EXHIBIT F 4 of 4 HA P1. N- DJR 1SHARED1WORD1PLATSIWASTEWATER AOREEMENFSISANITARY SEWER CONNECTION AGREEMENT.LONDON SCHOOL TRACTS.LOT 1.DOC 9 CITY COUNCIL AGENDA MEMORANDUM April 29, 2008 AGENDA ITEM: Ordinance abandoning and vacating a 65.10- square foot portion of a 7.5- foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Gaines Drive intersection; requiring the owners, Mr. & Mrs. Gaspard, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is proposed to correct an encroachment resulting from a residential structure constructed over a portion of the easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the issuance of certificate of occupancy, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Bob Nix, AICP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Mr. & Mrs. Andre Gaspard (Owners), are requesting the abandonment and vacating of a 65.10 - square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, located approximately 130 -feet west of the Wall Street and Giants Drive intersection, in order to correct an encroachment into the easement by a residential structure. The easement to be abandoned and vacated is located in an "R -1 B" one - family dwelling district. The house slab on -grade foundation has a maximum one -half foot encroachment into the 7.5 -foot wide utility easement. The existing easement width will be reduced to 7 -feet in width. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the easement. The Owners must comply with the specified conditions of the Ordinance prior to the occupancy of the house. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at owner's expense. All public and franchised utilities were contacted. The City Gas Department has an existing 2 -inch gas line in the easement and will require that the Owner physically locate the gas line, to determine the distance of the gas line from the property line and from the foundation of the house. None of the city departments and franchised utility companies had any objections with abandoning this portion of utility easement. Staff recommends payment of the fair market value of $161.00 for the abandonment and vacation of a 65.10- square foot portion of the 7.5 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 65,10- SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF MANHATTAN ESTATES UNIT 1, BLOCK 3, LOT 2, ADJACENT TO GIANTS DRIVE AND APPROXIMATELY 130 -FEET WEST OF THE WALL STREET AND GAINES DRIVE INTERSECTION; REQUIRING THE OWNERS, MR. & MRS. GASPARD, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. and Mrs. Andre Gaspard (Owners) are requesting the abandonment and vacating of a 65.10- square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Gaines Drive intersection to correct an encroachment resulting from a residential structure constructed over a portion of the easement; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 65.10- square foot portion of a 7.5 -foot utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 feet west of the Wall Street and Gaines Drive intersection, as recorded in Volume 65, Pages 141-143 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) Owner pay the fair market value of $161.00 within 30 days of the adoption of this easement closure ordinance, on a one -time payment basis, for the abandonment and vacation of the total 65.10- square foot portion of the 7.5 -foot wide utility easement; 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the utility easement and the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas; H: ILEG- DIR1Shared \ayWgenda1200814- 291ORD- abandon- vacateUtilEasmt- Gaspard- ManhattanEst.doc 6)4' '' h Page 2 of 3 3) City Gas Department has an existing 2 -inch gas line in the easement and requires that the Owner physically locate the gas line, showing the distance of the gas line from the property line and from the foundation of the house. 4) Maintain the area between the existing house structure and the remaining 7,5- foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. 5) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 7) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 291" day of April, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 21, 2008 By: Jay /Reini irst Assis nt City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:1 LEG- DIRISharedWaylAgenda1200814- 281ORD- abandon- vacateUtilEasmt- Gaspard- ManhattanEst.doc Page 3 of 3 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 H:ILEG -DI R15ha red'JayWge nda1200814- 291DRD- abandon- vacateUtilEasmt- Gaspard- ManhattanEst. doc MVRRAY BASS, .{R„ NIXON M. WELSH. P.E.,R.P.LS. www.bass- weJsh.aom g,% State of Texas 4 3034 8. ALAMEDA, zits 78404 P11. 36I 882 -3321— PAX 361 8824265 e -mail: wurravJr eo).cam e -mail: Dixrrofitn91.com BASS 84 WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 Januaty 15,2008 M&33 County of Nueces $ Description of a 65.10 SF tract of laud, more or less, a portion of a 7.5' Utility Dement in Lot 2, Block 3, ManhattanEstates Unit 1, amap of which is recorded in Volume 65, Pages 141443, Map Records, Nueces County, Texas, said 65.10 $P tract of land as further described by Metes and bounds as follows; BEGINNING at the westernmost corner of tract herein described, said beginning point bears N29900'00 "E 6.90' from the westernmost corner of said Lot 2, Block 3, Manhattan Estates Unit 1; THENCE N29 '100'00"B 0.60' along the west boundary lice of said Lot 2, Block 3, Manhattan Estates Unit 1 to a point for the northwest corner of the tract herein described; THENCE 561°00'00 "E 108.50' to a point for the easternmost corner of the tract herein described; THENCE S29°00'00"W 0.60' to a point for the southeast corner of the tract herein described; THENCE N611'00'00 "W 108.50' to the POINT OF BEGINNING, a sketch showing said 65.10 SF tract of land being attached hereto as Exhibit "B". ° °J. °• ...,.r• 4 BXkIBIT "A" Page 1of1 • EXHIBIT A MANHATTAN ESTATES UNIT 1 LOCATION MAP CORPUS CHRISTI, TX EXHIBIT C m m D z d - o ed z d rrn l i H 1---1 0 z 0 m CL GIANTS DR. P1 0 0 25' YR C z as D cnz D -0 -I D Z 1 -I - . W -1 r1 c 70 Z Z -I 1'— 71 7. 5' UE z L 3 .00 ,00 .I9S Ul O rn 'Q3S013 3S 01 O V3 T1? � t0 O O N O O S29°001 00" W 153. 18' '1S 11VM 13 EXHIBIT C Proposed Utility Easment Closure Utility Easment Prepared 8y: MSS Depamnent of Development Services 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Public Hearing and Resolution to consider rescinding resolution number 027604; 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 Oso Conservation Interpretive Park on Oso Bay, with City match of $340,397 in the No. 4720 Community Enrichment Fund and with private land donation of $159,603; dedicating the proposed site for permanent public park and recreational uses. ISSUE: The City of Corpus Christi Parks and Recreation Department has applied for a Texas Parks and Wildlife, Outdoor Grant on April 1, 2008 for the Oso Conservation Interpretive Park located between Holly and Wooldridge. The wording of the original resolution must be rescinded and revised to meet grant requirements. REQUIRED COUNCIL ACTION: Request authorization to rescind previous resolution: "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" and approve revised resolution needed for the grant application. PREVIOUS COUNCIL ACTION: Council previously approved the resolution to submit an Outdoor Grant on March 11, 2008, as well as 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. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council rescind previous resolution and approve the revised resolution required by the grant application. 1/1 ally Gar. k, Dire tor Parks an I Recreation Department Attachments: none RESOLUTION RESCINDING RESOLUTION NUMBER 027604; 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 OSO CONSERVATION INTERPRETIVE PARK ON OSO BAY, WITH CITY MATCH OF $340,397 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND AND WITH PRIVATE LAND DONATION OF $159,603; DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. Whereas, the City of Corpus Christi, Nueces County Texas, hereinafter referred to as "Applicant" is fully eligible to receive assistance under the Outdoor Recreation Grant Program, hereinafter referred to as the "Program "; and Whereas, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Texas Parks and Wildlife Department, hereinafter referred to as "Department ", concerning the Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS: SECTION 1. Resolution number 027604 is rescinded in its entirety SECTION 2. The Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 3. The Applicant hereby certifies that the matching share for this application is readily available at this time. The match for this grant is $340,397 in the No. 4720 Community Enrichment Fund, and with private land donation of $159,603. SECTION 4. The Applicant hereby authorizes and directs its Director of Parks and Recreation to act for the Applicant in dealing with the Department for the purposes of this Program, and that Sally Gavlik is hereby officially designated as the representative in this regard. SECTION 5. The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as Oso Conservation Interpretive Park in the City of Corpus Christi, Nueces County for use as a park site and is hereby dedicated or will be dedicated upon completion of the proposed acquisition for public park and recreation purposes in perpetuity. SECTION 6. That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments system consideration. SECTION 7. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa, City Secretary APPROVED: April 17, 2008 Lisa Aguil ssistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett, Mayor 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 11 MEMO On Tuesday, April, 22, 2008, Mayor Garrett asked staff to prepare a presentation for the Council Meeting of April 29, 2008 on the subject of the health care request for proposal. Staff is currently in the process of developing the presentation and re- evaluating the fee proposals. This information will not be ready for distribution until Friday, April, 25, 2008 and will be provided to Council on Friday afternoon. Cynthia C. Garcia Director of Human Resources 1111111111111 a) 0 er( P-1 U 0 • a� a� • • Provide additional information on financial ,0000051111111111111° 11 Li • • 4--) 0 111111111111111111111111111111111111111111111 6MMMUMMUMMUMMIlliiii innInnwl,,,,,,,,,,,,, 1 City is Self- Insured — i 1.1 L } N N U ,-I * Ct U ( O E H O O � a) cI) (1.) • C • Vmplover purchases an insurance product, including plan desig 0 •��jj VJ • cip r O CID '�' V 0 / 7. 7i Ct 4=1 4 N cn O u cu CS .� .� 0 c O ,-ci wr ( LLI - _ O fLi E a) � O a.) O 0 • .-I ° O ip O a� + _ p ' biL C) 7i Ct • E E V�� Q. M I:4 Ct TE—i ct - . � � � � .. , cu U_Q � � U U 4.) . ,-� O Q-+ N a� O • cil 9 5 •., • • U U ■ . 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H ct a) 5 (I) a) ¢., ° ¢, 77i 7i cn 73 77i ci 7:i ct O ct ° r 4- o • C) °� Ct O o e *Al F • 0 Q.) •� c, ( tki) 7i 4 bfJ r:)_, u ct blD C/) '' O • • 1111111111111110 011111111111111110 a U) O O H ❑ • ❑ Ann Innnni ................. ,00000051111111111111110001 • Medical Costs AAnalysis Provider Network Discount Comparisons Determined net costs by service category (Inpatient, Outpatient, Physician) utilizing aggregate discount method For bidders not providing access to CC Medical Center, assumed all members would migrate to a Christus Spohn Hospital In- network steerage could prove difficult considering out -of- pocket maximums for Police and Fire plans provides no incentive Summed all net costs to determine Total Medical Claim Costs per proposer. Cost Analysis used to allocate points (max 29) ^� cn .1-1 CA O cit U O q V Ipt4J V � '1mi CLJ O • 0 z z E V Lrc E M O 00 Gcp Lcc GcP CSHN, HealthSmart O O CC z U V O N Lrc CSHN, HealthSmart O O 00 00 G iCL U tip 0 • • 0 rmi ›.1 .‘4 • rl 1 r-1 CLJ Medical Costs 0 0 z E M O .1 V O O O O 00 UHC Options PPO O G1 CSHN, HealthSmart O 00 O G1 z V V V 00 00 G1 W-1 1 CI 44 I V .' o T . CI Q44 c5 4J Medical Costs O z E V M O N GO ct 5 E O UHC Options PPO O 1 O M GcP O O Ln Gcp z V V V 00 W-1 seZ • • O z E V E O N 00 UHC Options PPO O O N 0 G O O Lrc G1 G1 1 CSHN, HealthSmart O O N CC o • V z V O O O GcPr-1 N z V V V 00 'N • i. . Total Medical Costs AAnalysis Provider Network Discount Comparisons Network Discounts 29 Company Network Inpatient Rank Outpatient Rank Physician Rank Net Cost Variance Rank Points Humana Humana 5,548,000 1 5,467,000 1 4,782,000 3 15,797,000 0% - 1 29 Aetna Aetna 6,355,000 7 6,318,000 2 4,395,000 1 17,068,000 8`i ;, 1,271,000 2 23 l I I IC Options l'PO (Binder 7'MI. 2, Exli F) 5,577,000 2 7,487,000 5 5,191,000 4 18,255,000 16`7, 2,458,000 3 17 IIIIC IIIIC 6,198,000 6 7,101,000 4 5,323,000 6 18,622,000 18 '!,..;, 2,825,000 4 15 1 Iealthsm art, AA( CSI IN 5,684,000 3 9,577,000 6 4,734,000 2 19,995,000 27° 4,198,000 5 9 Cigna Cigna 7,938,000 8 7,036,000 3 5,199,000 5 20,173,000 28" 4,376,000 6 8 (;IICA CSI IN 5,807,000 4 9,708,000 7 5,575,000 7 21,090,000 34% 5,293,000 7 3 11ealthsmart, FARA CSI IN 5,929,000 5 9,823,000 8 5,592,000 8 21,344,000 35% 5,547,000 8 2 This section worth 29 of total 40 points allocated to fees. Spohll I I ospilals are in all riCl2z'OIk.• proposed 11111111111111111111111111111 ...1 11111EEEEEEEEEEEEEEEEEEEEEEEE1 • Medical Costs Analysis — Provider Network Discolillt Comparisons 6,000,000-z Aml.............. 5,000,000 34% 35% mass 4,000,000 -" 27% :28s 3,000,000-z Amo 1.8% 'phis section woi-tHH 29 of 2,000,000-v total 40 points 1110catcd to fees. 1,000,000-7 00/0 0 Amy isitm. Am. Variance Amount ❑ Humana - Humana 0 Aetna - Aetna 1,271,000 TML - UHC Options PPO 2,458,000 ® UHC - UHC 2,825,000 ❑ AAG - Healthsmart, CSHN 4,198,000 ® Cigna - Cigna 4,376,000 ❑ CBCA - CSHN 5,293,000 FARA - HPalthcmart 5 547 000 -1a) s., 0 z •.r U • O z O U • • U • rr U • e- • a 0 CID O .i c O U � U Cti CID • C U • • CID U (L) • c O tip "O for all in- network facilities • 14 0 0 0 °% for all in- network facilities • • • U z tan t • U • Mkt • • • U c•S z z • U • J " for all in -nctvv ork facilitics • Pharmacy Costs Analysis - Determined effective discount based on information provided by the proposer for individual named drugs • "Calculated" discount based on actual plan experience for current drug use (Weighted 20°)) "Quoted" discount provided by proposer (\\ 511'''0) • Determined Net Ingredient Costs across all distribution channels Retail Generic, Retail Brand, Mail Genetic, Mail Brand Weighted based on actual plan use i.c. 96 -97% Of usage was Retail Generic • Determined total dispensing fees and administrative fees for each distribution channel • Resulted in Total Pharmacy Cost itt jMMMMMM 11111111111111111111111 Le) • ASO Estimated CCosts Analysis - Year Calculated using 3,478 participating employees for medical fees, and 1,000 for dental fees. Administrative Services Only Fees (ASO) 2 Company Medical Rank Dental Rank Total Variance Rank Points Humana 1,195,000 6 46,000 7 1,241,000 3300 308,000 7 1 Aetna 952,000 3 31,000 5 983,000 5°0 50,000 3 2 TML 1,2011,0(1(1 7 14,000 2 1,214,0(1(1 30" 0 281,000 6 1 UHC 1,039,000 5 48,000 ii 1 8 1,087,000 17° 0 154,000 5 1 AAG 937,000 2 21,0100 3 958,000 3" 25,101010 2 2 Cigna 1,236,0(1(1 8 36,000 6 1,272,000 36% 339,000 8 1 CBCA 908,000 1 25,000 4 933,000 0% - 1 2 FARA 970,000 4 13,000 1 983,000 5% 50,000 3 2 IMUM 1111111111: ssssssssssssssssssssssssssss : ssssssssssssssssssssssssssss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . • ASO Estimated CCosts Analysis - Year 1 350,000 300,000 it 3610 250,000 /133% 1 ASO = Administrative 200,000 F 1 i Services Only Fees 150,000 II 1 1 1 00,000 ?% Includes: This section \■ - orth 2 or total 41) points 50,000 il IN .x:::::x.x. i\Icdical & Dental allocated to fees. (a im s Pr c • cssn 0 _ ° 5% x�. ih Variance Amount (201 -il .A & 1 IIPA.A ❑ Humana 308,000 , A dminis tration Aetna 50,000 Nctwork.Access TML 281,000 ® U H C 154,000 Prc -C ertificatio1 & ❑ AAG 25,000 Utilisation Rcvicw ® Cigna 339,000 Casc NIanagcnlcnt ❑ CBCA 0 FARA sn non • Specific Stop Loss Analysis ▪ Worth 2 points of total 40 points allocated to fees analysis • Based on $150,000 specific deductible RFP release provided: Two plan years (1 Y 06 -07, FY 05 -06) of actual claims history for proposer use in developing quotes Provided one plan year (FY 06 -07) of data for actual claims over $50,000, including diagnosis E Addendum 1 — provided on January 14th Provided additional plan year (FY 04 -05) of claims history Provided three months of current plan year claims history Provided data on active large claims over $100,000, including identification of inactive large claims from previous information Provided current and last plan year per employee per month actual premiums paid by City (FY 06 -07, FY 07 -08) CB cn .1-1 •- v) CID cd cd O U cn 77; cn S, O Ill E �-- ct o . ,-ct U © Vu 4 �u ... 0 0 = ,-c) )1m4 4 ct E O I — := U ,� 0 , C7) 'Tit "(2 71- O — Ct 73 Ttl 4:14 O +, O '-5 +- m o V .0-i --1 0 -0 � '7i ) L) *- 414 N F:, (1)(1) p_io 1),-, T t 4 '7i7,71 '7i '7i t-i '7i CA v7P—) 73 ;_i 7?„ 0 7j1 0 0 0 Ej 0 0 CID Cd T-1 Pq • • • • Specific Stop Loss Analysis — Year 1 Specific Stop Loss (SSL) $150,000 with a $1 Million Lifetime Max 2 Company Fccs \Tariancc Rank Points 1 Iumana 1,420,000 13 °'o 163,000 2 2 .Actna 2,196,000 75 % 939,000 7 1 '11N1] , 1,760,000 40% 503,000 3 1 11IIC 2,367,000 88% 1,110,000 8 1 AAG 1,984,000 58% 727,000 5 1 Cigna 1,955,000 56% 698,000 4 1 CBC,A 1,257,000 0% - 1 2 I . AR. A 2,066,000 64% 809,000 6 1 J11111111111111111111 11111111111111111111111 )611111111111111111111 055aaaffi HUMUNIUMUM 555555555111111111111 '"11111111111111111111111111 JJJJJJJJ ........ mximm JJJJJJJJ aaaaaaaa ........ ........ aaaaaaaa ........ aaaaaaaa JJJJJJJJ aaaaaaaa JJJJJJJJ JJJJJJJJ aaaaaaaa JJJJJJJJ 00 5545555555555555555555555555555555555555555555555555555555555555555555555555555555555555 55551555///0 .1111111111111111111111111111111111111111111111111111111111111111111111111111111111111110 00m nnnn nnnn nnnn nnnn nnnn nnnn nnnn nnnn nnnn nnnn • . , . Total Estimated Medical Costs - Year I. 6,000,000 ■�■ ■� gmm gmm 5,000,000 ANIII 4,000,000 This scction worth 3,000,000 40 points. 2,000,000 ....... 1,000,000 Company - Network Variance Amount Points Humana 0 36 Aetna 1,853,000 29 TML 2,533,000 26 UHC 3,611,000 21 AAG 4,572,000 14 . Cigna 4,919,000 14 CBCA 5,023,000 8 FARA 5,957,000 8 al111111111111111a al111111111111111111111111111a DIFFERENCE 00 cn CrN LrcN G1 00 Cr) OrN O O O O O 00 O O O N G1 O O N 00 O O N N O O O 00 O O 00 ce) 00 A O O 0 n 00 V O O 00 G1 O O 4t 0 O ten- O O N O O O O N 0 CLI 0 O O cec O ce) O O N N • Best Value Rankings Total Annual Estimated CCosts - Year 1 Points Awarded United Evaluation Criteria Maximum Humana Aetna Health TML AAG Cigna CBCA FARA Points C are Technical Solution 4HH 28.0 31.2 3u.2 18.1 13.2 25.0 17.0 16.3 Proposer's Profile & Qualifications 10 5.3 ').5 7.8 65 1.5 2.3 4.H 8.O Fee Schedule 4H 36.n 2O.n 21_n 26.x) 14.O 14.0 8.0 8.O Exceptions 10 8.8 6.3 7.5 1.3 3.8 2.5 5.H W.() Coral lien 78.`M 76.2 66.5 51.9 32.4 43.8 34.n 42.3 "Dotal .Annual I•l"u9 1,1stinuitcd Lost[ . 24,2Mb,nnn 726,14`x,000 $27,907, 000 $26,829,000 $28,868,000 529,215,000 S2(),3 S3u,253,nnn E i nummininundamou • Staff Additional Analysis Staff conducted a second review of consultant financial analysis Analysis projected medical costs using plan eligible expenses from last fiscal year (FY 06 -07) and utilization based on 17 month actual Results remained consistent with consultant's analysis 111 ranked proposal (Humana) remained #1 and the lowest cost Variance between Humana and FARA exceeds $51\1 onnwwww, HHH onnwwww, • Recommendation The Humana proposal continues to be the best value based on the criteria set out in the RFP process Staff review of the financial analysis finds it to be consistent with accepted standards and that it fairly represents the relationships of the various proposers Staff recommends that staff be authorized to enter into negotiations with Humana for a contract for services for a 3 year period, with 2 one year renewal options 01111111111111111111111111111111111111111111111110 01111111111111111111111111111111111111111111111110 0000000000000000000000000000000000000000000000000 • Technical Solutions Evaluation Worth Total of 40 Points Information gathered from proposals submitted Weighted Score for each category: Medical Claims, Quality Control, Stop Loss Claims, Performance Guarantees (14 points) Network, Centers of Kxcellence, Geo Access, Hospitals & Providers (8 points) Pharmacy Claims Administration (6 points) Patient Management, Medical Management, Wellness, Disease Management (4 points) Reporting, Customer Service, Account Management, Implementation (4 points) Communications and Knrollment (2 points) Dental Administration (2 points) N 4--i c/D CID ci) CID Tal c O O c/) O tv) (I) V O 4 V cfc blD Ov V � O c/) 4 1 • Technical Solution Evaluation Evaluation Employee Sub Committee Committee This section worth 40 points. Weight (80 %) (20 %) Aetna 31.5 29.9 Evaluation conducted separately by TMT, 18.7 15.8 Evaluation Committee and Employee Sub - Committee. L'nitcd l lcalth 3( ).6 28.8 (;arc CRC.1 16.1 1 .112.1 16.2 16.8 Employee Sub Committee had access to all proposals. 1 lumana 28.8 28.9 Cigna 24.8 26.1 .AAC; 13.2 13.1 C' C' N L cr) • Proposer Profile Qualification Worth a total of 10 points Information gathered from proposals submitted Included: Current and former Client References, including 11 of members covered, last two years Staff assigned to the account Litigation history, last two years Financial Reports Locations — headquarters, management office representing City, claims processing location Credentials of Case Managers and Utilization Management Department onnwwww, • Proposer Profile tl S Evaluation Evaluation Employee Sub Committee (80 %) Committee (20 %) This section worth 10 points. Aetna 10.0 8.8 ]':valuation conducted separately by TU. 6.3 7.5 1 :valuation Committee and Lnitcd 1 Icalrh 8.8 ; 1':mployce Sub - Committee. ( ;arc CRC.1 3.8 5.( Employee Sub Committee had 1.18.1 7.5 1U.0 access to all proposals. 1 Iutnana 5.O 6.3 Cigna 2.5 1.3 .1.1C 1.3 2.5 O O w • Overall - Year 3 FY 11 United Evaluation Criteria Humana Aetna Health Care TML AAG Cigna CBCA FARA $ $ $ $ $ $ $ $ Medical Claims Costs' 18,768,000 20,278,000 22,125,000 21,689,000 23,756,000 23,968,000 25,057,000 25,359,000 Medical and Dental ASO Fees 1,400,000 1,041,000 1,151,000 1,281,000 992,000 1,342,000 975,000 1,037,000 Pharmacy Benefit Manager' 7,455,000 7,536,000 7,446,000 7,151,000 7,573,000 7,425,000 7,711,000 7,483,000 Stop Loss 1,420,000 2,196,000 2,367,000 1,760,000 1,984,000 1,955,000 1,257,000 2,066,000 Total Annual Estimated $ $ $ $ $ $ $ $ Cost 29,043,000 31,051,000 33,089,000 31,881,000 34,305,000 34,690,000 35,000,000 35,945,000 Claim pr()jccti( )1ls based t.n 1'1 07 claims using 9" medical trend and 13" prescriptit,n drug trend f ,r 2 ■cars. actual claims will al -rcct P' )jcctcd sav trigs. • Total Estimated Costs Conducted Staff $30,000,000.00 Aintom,,,,,,,r 0 $25,000,000.00 Humana itimit Aetna witit $20,000,000.00 TML . . . . . . . . . . . . . . . . . . . . . .x.x.x.x.x.x.x.:.. ..:: UHC $15,000,000.00 ..x:x:x:x:x:x:... ........ :x:x:x:x:x:x... Cigna $10,000,000.00 CBCA AAG $5,000,000.00 01 ...9.9.9.9.9.9.4, FARA thlitit .x.x.x.x.x.x.x.:. $0.00 .... ASO, Pharmacy & SS] , fees used Plan YR 06 -07 Actual 1 ,:lig-ible Charges Used for ' were as provided by proposers. Medical Cost .Analvpsis. • Bundled vs. Unbundled Unbundled lowest cost: Network Discounts Medical & Dental Pharmacy Specific Stop Loss Total ASO Fees 1 2 Company /Proposer CSHN HealthSmart CBCA TML - CVS CBCA Estimated FY"09 Cost $19,995,000 $933,000 $5,600,000 $1,257,000 $27,785,000 Medical & Dental Bundled lowest cost: Network Discounts ASO Fees Pharmacy Specific Stop Loss Total Company Humana Humana Humana Humana Estimated FY09 Cost $15,797,000 $1,241,000 $5,838,000 $1,420,000 $24,296,000 Difference $4,198,000 $308,000 $238,000 $163,000 - $3,489,000 To assist in illustrating the bundled vs unbundled approach, services that could be separated from the proposing companies were used in the unbundled comparison; example - Humana's Network can only be accessed if using their administrative services (ASO). 1- Pharmacy TML - CVS - this PBM would only allow access to CVS pharmacies 2 - Specific Stop Loss - CBCA - this quote is subject to change and contingent upon the insurance carrier receiving claims information through 7 -31- 2008 Effective Date c) N I r, lr, N N 4.2 L Cr, N rr; c^ N rt G1 I r, 7. r J 4- r • Cost Analysis Humana Actual vs, Entrust/Spohn Proposed Entrust/ (2003) Network 1SCu tS *Does not include Pharmacy savings FY 2004 FY 2005 FY 2006 Total Entrust /CSHN Fixed Costs (proposed) $2,025,214 $2,194,562 $2,251,982 $6,471,758 Humana /Humnina Network Fixed Costs $1,864, 085 $1,995,168 $2,097,459 $5,956,712 (actuaI) 1 ilcd Cnst Savings with 1 IUIfl t ;t 5161,120 5199,304 5154,523 5515,046 \ctual PhysicHa In \e v qrk 1 aigilplc Clnlims 510,107, 878 513,176,002 515,324,824 538,600,604 \ctunll 1 lr)shitntl 1n- \ctvvr ■rk 1'11igihlc Clnlims 515,145,316 523,162,684 S25,067,041 563,3 75,041 \ct\vr q-k Savings using tip dhn 513,565,166 $19,899,310 $21,900,520 555,373,014 \ctwork Savings using 1 lum,tna S14,737,695 $19,812,584 $22,667,443 S57,217,777 1 ilA Cr,st Savings with 1 lumanit S 515,046 Total Savings with Humana* $2,359,754 FY 02 -03 (1 stYear) 1.Intrust /Shr,hn omtrut- 518.035,000 FY 03 -04 (1' 1 car) 1 lutnnula c, ,ntrlct - 5 14,687,000 *Assumed all charges in Spohn Stv ings S 3,348,000 Network & in Corpus Christi arca GC tri M N r, r �r, ±1) Ir�r, rr '1; r, Go •r- r J L 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/29/08 AGENDA ITEM: Resolution expressing official intent to reimburse costs in the amount not to exceed $900,000 for services associated with surveying, engineering geotechnical analysis, engineering design services, printing, advertising and construction of street overlay projects to be funded through the issuance of tax notes. ISSUE: The City of Corpus Christi expects to pay certain expenditures in connection with the street maintenance overlays of various streets as described on the Background Information page. A reimbursement resolution is required in order to receive reimbursement for preliminary costs incurred associated with the project prior to the issuance of the tax notes. REQUIRED COUNCIL ACTION: Approval of the resolution expressing official intent to reimburse costs of the street projects. PREVIOUS COUNCIL ACTION: April 8, 2008 — Resolution approving the projects to be funded through the issuance of tax notes. FUTURE COUNCIL ACTION: Ordinance authorizing the sale of Tax Notes to fund the projects. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Attachments: Background Information Resolution C/ LGy f Ltd Cindy O'Bri Director of Financial Services BACKGROUND INFORMATION Through the fiscal year end closing process, the City has identified additional debt capacity that can be utilized to fund projects approved by the City Council. Financial Services, along with our Financial Advisor, Mark Seal with M.E. Allison & Co., Inc., will issue a request for bids to the local banks in Corpus Christi and other financial institutions that the City has done business with in the past for the purchase of Tax Notes the City plans to issue to fund certain projects. The maximum allowable term for the tax notes is seven years. Street Maintenance /Overlays to be funded with Tax Notes Street Maintenance /Overlays to include: Morgan- Virginia/Nineteenth Nueces Bay — Upriver/1H37 Riverhill — 624/Dead End Tarlton -- Greenwood/Washington Upriver — Nueces Bay/Palm Wandering Creek — Leopard/Turkey Creek Wildcat — 624/Teague Carancahua (Third) — Hancock/Morgan Louisiana Parkway (N) — Santa Fe /Alameda Louisiana Parkway (S) — Ocean/Santa Fe Louisiana Parkway (S) — Santa Fe /Staples Baldwin — Airport/Agnes Trojan — Greenwood/Crosstown Airline — Ocean/Alameda Commadores — PR22 /Aquarius Robert — Gaines /Alameda Flynn Parkway — Bonner — Philippine/Holly $ 9,000,000 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS IN THE AMOUNT NOT TO EXCEED $900,000 FOR SERVICES ASSOCIATED WITH SURVEYING, ENGINEERING GEOTECHNICAL ANALYSIS, ENGINEERING DESIGN SERVICES, PRINTING, ADVERTISING AND CONSTRUCTION OF STREET OVERLAY PROJECTS TO BE FUNDED THROUGH THE ISSUANCE OF TAX NOTES. WHEREAS, the City of Corpus Christi, Texas (the "City ") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the surveying, engineering geotechnical analysis, engineering design services, printing, advertising and construction of street overlay projects described on Exhibit "A" hereto (collectively, the "Project ") in an amount not to exceed $900,000 prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section I. The City reasonably expects it will incur debt, as one or more series of tax note obligations, with an aggregate maximum principal, amount not to exceed $9,000,000 for the purpose of paying the aggregate costs of public improvements financed with the tax note obligations, including the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto in an amount not to exceed $900,000 will be capital expenditures. No tax- exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax - exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Attest: Armando Chapa, City Secretary HENRY GARRETT, MAYOR CITY OF CORPUS CHRISTI APPROVED THIS THE 22nd DAY OF April 2008: By: �..t),-;- Lisa Aguilar, Assi t City Attorney for City Attorney H:1LEG- DIR \Lisa12008 Resolutionslreimbursement street repairs.doc EXHIBIT A Street Maintenance /Overlays to include: Morgan - Virginia/Nineteenth Nueces Bay — Upriver/IH37 Riverhill — 624/Dead End Tarlton — Greenwood/Washington Upriver — Nueces Bay/Palm Wandering Creek — Leopard/Turkey Creek Wildcat — 624/Teague Carancahua (Third) — Handcock/Morgan Louisiana Parkway (N) — Santa Fe /Alameda Louisiana Parkway (S) — Ocean/Santa Fe Louisiana Parkway (S) — Santa Fe /Staples Baldwin — Airport/Agnes Trojan — Greenwood/Crosstown Airline — Ocean/Alameda Commadores — PR22 /Aquarius Robert -- Gaines /Alameda Flynn Parkway — Bonner — Philippine/Holly 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 13 CITY COUNCIL AGENDA MEMORANDUM MMNMIMNIMIMMMMIIMIIMIIIIMMIIMIIIINNMMMMIIIIIMMMIINIIIIIMIIIIMII City Council Action Date: 4/29/08 AGENDA ITEM: AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 026605 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2008 -09 BUDGET. ISSUE: The City's Financial Policies require annual adoption by the City Council before the end of May. These Policies serve as a basis for preparing the City's annual budget. The attached Resolution amends the policies in effect. REQUIRED COUNCIL ACTION: Adoption of Resolution amending the City's Financial Policies. Eddie Houlihan Assistant Director of Management & Budget Attachments: BACKGROUND INFORMATION The City Council adopts financial policies on an annual basis just prior to consideration of the proposed budget. These policies have helped to enhance financial management practices and have played a significant role in building the City's unreserved fund balance. The result has been improvements to the City's bond ratings and significant cost savings for issuance of new debt. RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 026605 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2008 -09 BUDGET. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: " "The City of Corpus Christi is dedicated to delivering responsive services that address our diverse community's needs and enhance the quality of life in our Ali America City. We will accomplish this through fiscal discipline, continuous improvement, straight - forward communications, wise stewardship of resources, and excellent customer service."; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; WHEREAS, as a result of those policies, the City has achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain that balance and to utilize any surplus balance to provide for enhanced financial stability in future years; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 026605 are amended to read as follows: H:1LEG- DIR1Lisa12008 Resolutions12008 -09 Budget Policy Resolution 042208.doc 2 "Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted by each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY2006 07 FY 2008 -09 proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. "Section 2. Current Revenues EquallExceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. "Section 3. Fund Balance Reserve/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unreserved fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10 %) percent of total annual General Fund appropriations. The City Manager shall report on the status of compliance with this ten (10 %) percent policy at least annually as part of the budget process. Undesignated fund balance in excess of the ten percent policy requirement may be recommended for expenditure on one -time improvements, with a priority on infrastructure and equipment which will reduce the need for future debt. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve. The City Manager shall note these situations to the City Council as soon as the information is known. "Section 4. Property Tax Rate for Operations and Maintenance. The Proposed Budget for FY 06-07 2008 -09 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. . Full consideration will be given to maintaining the "effective tax rate" for maintenance and operations. "Section 5. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Priority for funding in the upcoming fiscal year five- years (FY 07 FY11) will be the City Council short/long-term goals which are reflected in Attachment A. Every effort should will be made to accomplish these goals without reducing current services in other areas. H:1LEG- DIRILisa12008 Resolutions12008 -09 Budget Policy Resolution 042208.doc 3 "Section 6. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. "Section 7. Multi -Year Financial Forecasting. The City will maintain a five -year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of action plans necessary for the accomplishment of City short term or long term goals. These action plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. "Section 8. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined in Sections 2 and 4, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. "Section 9. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. "Section 10. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. statistics. Debt Management. The City Manager shall H:ILEG- I]IR \Lisa12008 Resolutions12008 -09 Budget Policy Resolution 042208.doc 4 adhere to the Debt Management Policy adopted by Resolution 027526 adopted by the City Council on December 11, 2007. debt obligation. beyond original maturity dated "SECTION 14. Section 12. Capital Improvement PlanslFunding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. "Section 13. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: . d , 2008. Lisa Aguilar Assistant City Attorney for City Attorney H:1LEG- DIR \Lisa12008 Resolutions12008 -09 Budget Policy Resolution 042208.doc ATTACHMENT A City Council Short -Term Goals 1. Establish a comprehensive street/road plan to improve their condition and capacity using on -going maintenance efforts and future bond issues. 2. Develop and implement a process for identifying proposals for the 2008 Capital Improvement Bond issue to be considered bv voters in November, 2008. 3. Develop and implement a plan for the maintenance and use of the Coliseum. 4. Improve the Development Process bv adoption of a clear and consistent Unified Development Code and implementing process improvements to make it more efficient and effective. 5. Develop a plan for Texas A &M University Corpus Christi Expansion. 6. Complete the updating process on the Citv's Master Plan utility elements (water, wastewater and stormwater). 7. Increase the effectiveness and efficiency in Code Enforcement. 8. Expand the Neighborhood Initiative Program and the Model Block Program. 9. Review the Citv Charter. 10. Develop a downtown plan. City Council Long -Term Goals 1. Create a comprehensive economic development plan with incentives. 2. Focus on the creation of a long -term transportation plan that integrates a variety of transportation modes. 3. Establish a Smart Growth plan that links environmental friendly development and area growth that focuses on mixed use opportunities (retail, residential, recreational, and green spaces). 4. Complete Bavfront Development plan. 5. Create a vibrant downtown area with innovative residential housing units and urban friendly business. 6. Ensure and protect long -term water supply for the region. 7. Improve staffing and technological support for public safety within the municipal government (primarily Police and fire Department). 8. Develop a competitive compensation plan for City employees. This will assist in recruiting and retaining employees. 9. Establish a long -term infrastructure planning process. This initiative will target the building and repairing of streets, drainage, and waste water management issues. H:ILEG•DIRILisa12008 Resolutions\2008-09 Budget Policy Resolution 042208.doc Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/29/08 AGENDA ITEM: First Reading - Ordinance declaring and establishing the City's storm water system as a public utility; declaring the City's storm water utility as part of the City's combined utility system; defining terms relating to the storm water utility system; citing authority to establish a storm water utility; incorporating existing facilities into the storm water utility system; providing for segregation of storm water utility income from other city accounts; providing that issuance of storm water revenue bonds or combined (water, wastewater, gas, and storm water) utility revenue bonds may be repaid with revenue from the storm water utility charge. ISSUE: Two Readings must be held in order to create the Ordinance establishing a storm water utility. This is the first of the two Readings. REQUIRED COUNCIL ACTION: City Council must vote to approve the ordinance creating a storm water utility. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based ( "Equivalent Residential Unit ") rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staff presented to Council various policy recommendations for consideration and received direction regarding same as indicated in the attached resolution. On February 12, 2008, Council approved a Resolution setting the date of the Public Hearing for the utility creation ordinance of April 8, 2008. A Public Hearing regarding the proposed ordinance was held on April 8, 2008 in accordance with Council reconunendation. CONCLUSIO AND RECOMMENDATION: Sta rec s e pproval of the ordinance creating a storm water utility. V Di ie H. Gr tor of Sto u ater Ope tions Attachments: Background Information Proposed Ordinance Creating Storm Water Utility Presentation BACKGROUND INFORMATION On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009. Council directed staff to move forward using the ERU (Equivalent Residential Unit) based rate model. At that time staff contracted the services of HDR Engineering, Inc. to assist in the development of the utility. During the course of that work, it became apparent that staff needed guidance from the Council regarding certain policy issues in order to move forward with data base verification, rate design, and billing system programming. On January 29, 2008, staff gave City Council a presentation on the various policy decisions requiring Council direction. The presentation included staff's recommendations regarding the issues, each of which was accepted by Council. Staff understood Council's direction to explore the possibility of moving from an impervious proxy basis to a measured impervious surface basis after implementing the utility using the ERU /impervious proxy model. On February 12, 2008, Council passed a Resolution that set the date of the Public Hearing for the ordinance which would create the storm water utility to April 8, 2008, which will be during the regularly scheduled City Council meeting. Public comment was heard during the Public Hearing on April 8, 2008. No major issues were identified and Council requested staff bring forth a timeline for movement to true impervious surface. ORDINANCE DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC UTILITY; DECLARING THE CITY'S STORM WATER UTILITY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABLISH A STORM WATER UTILITY; INCORPORATING EXISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING FOR SEGREGATION OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING THAT ISSUANCE OF STORM WATER REVENUE BONDS OR COMBINED (WATER, WASTEWATER, GAS, AND STORM WATER) UTILITY REVENUE BONDS MAY BE REPAID WITH REVENUE FROM THE STORM WATER UTILITY CHARGE. WHEREAS, the City of Corpus Christi will provide drainage (also referred to interchangeably as "storm water ") services for all real property in its corporate boundaries, except for exempted real property; and WHEREAS, the City of Corpus Christi will offer storm water services on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City of Corpus Christi will establish a schedule of storm water charges against ail real property within its corporate boundaries subject to charges; and WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the storm water utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, and storm water) utility. SECTION 3. AUTHORITY. The City is authorized to establish this municipal storm water utility under Article XI, Section 5, of the Constitution of the State of Texas; the City's Charter; and the laws of the State of Texas. SECTION 4. .DEFINITIONS. In this ordinance: (1) " Benefitted property" means an improved lot or tract to which storm water drainage service is made available. (2) "City" means the City of Corpus Christi, Texas. (3) "Cost of service" as applied to a storm water drainage system service to any benefitted property means: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a storm water drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water revenue- pledge securities or obligations; and (g) the administrative costs of a storm water utility system. (4) "Drainage" (or "storm water drainage ") means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. (5) "Storm water charge" or "drainage charge" means: (a) the levy imposed to recover the cost of the service in furnishing drainage for any benefitted property; and (b) specifically includes, as hereby provided by the City Council of the City of Corpus Christi, an amount made in contribution to funding of future drainage system construction by the City. (6) "Storm water system" or "storm water drainage system" means the drainage owned or controlled in whole or in part by the City and dedicated to the service of benefitted property, including provisions for additions to the system. (7) "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. (8) "Public utility" means a storm water drainage service that is regularly provided by the City through the property dedicated to that service to the users of benefitted property within the service area and that is based on: (a) an established schedule of charges; (b) the use of the police power to implement the service; and (c) nondiscriminatory, reasonable, and equitable terms, as declared by the City under this section. (9) "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm water drainage system. SECTION 5. INCORPORATION OF EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 6. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinance, a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage system. SECTION 8. STORM WATER REVENUE BONDS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water) utility revenue bonds to be repaid, in full or in part, with the use of revenue from storm water utility charges. SECTION 9. SEVERABILITY. if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 9. This Ordinance shall be effective immediately from and after its passage. ATTEST: Armando Chapa City Secretary ApRio ! 1 /2008 � i 'Ts to &Pm Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 0 U U M B= M=MIM (1) CD •1i•-•-I mamma MIMI! EME110 PIM. L--- --- NIZZIRM. I Igignmisionrim 7 om lib ..4 gum.m.. Elancl iple commo gm 0 ow rim MU MI ligilliiiiillai'L '-11-MPaigig II wm,d., limmimi i ri 7 __.,.,,.IMIII.11,F„,, • a a IrM di' Mtl itmlin -Dm 0 BI- Enimill 0 MIMI' 0-1 9 9 • 1 9 9 0 a) 0 (0 Cl) cfl • (a cLI a) L.) 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El a 1 p CI lirmin 40 wrii;m1IIMMINO IiirMIEM MEM MO a ) SI 11 11 upI _n 0 0 0 0 F FEE f) cii CT) (171 CL 0_ c10 L Lri 71- Ln E 11 I 1 LL) LtS x x L 00 MINMENNIMEMEIN• MENLINIMMEMEMEN ENNIIMEMIEMEMEN M•E•• n =I•• EMMUNIMILE11•• MENLIMEMEMEMEN MENVINIEEMEMMEN• ENE INEMEEK-1•• EMEEDIENNEMEMEN EMMAINEMMINEMEN• MENIZIENNEEME•11 E:M•EIMENIIME141•11 EMMEINEEMEMEMER1 MEMBEMIIMMENIENE1 EMMEMMEMEM•11 EMMEMENNEMEM•11 mimmirmirummri EaVgUmm .111.11110 uh.• MinIR Lir imM min QiimF4-1 11111111E.-11 • -+- 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Report STAFF PRESENTER(S): Name Title /Position Department 1. None 2. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Roland C. Mower Chief Executive Officer CCREDC 2, REQUIRED COUNCIL ACTION: None. PowerPoint presentation in 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Governmental Accounting Standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEB). STAFF PRESENTER(S): Name Title/Position Department 1. Cindy O'Brien Director of Financial Services Financial Services 2. Constance P. Sanchez Deputy Director of Financial Services Financial Services 3. Cynthia Garcia Director of Human Resources Human Resources OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None ISSUE: Governmental Accounting Standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEB) requires that local governments account for postretirement medical benefits on an accrual basis of accounting. 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