HomeMy WebLinkAboutAgenda Packet City Council - 05/27/2008CITY COUNCIL AGENDA
MAY 27, 2008
1
11:45 A.M. - Proclamation declaring the week of May 25-31, 2008 as "Hurricane Awareness Week"
"Certificate of Commendation for Bill Hennings, Corpus Christi Air Quality Committee"
Swearing-in Ceremony of newly appointed Board, Commission end Committee members
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CIL CHAMBE S
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
MAY 27, 2008
10:00 A.M.
PUBLIC NOTICE - THE S OF CELLULAR LA1 PHONES S AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS S DARING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 .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 wi I be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concilio y tree que su in l s es lirrritado, habra un int rprete in l s- espariol en Codas las juntas
del Con ilro Para ayudarte.
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 Rodney Amos, Trinity Church of the Nazarene.
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 H n ry Garrett
Mayor Pro Tem John Marez
Council Mer ers:
Melody Cooper
Larry Elizondo, Sr.
Mike Hurnrnell
Bill Kelly
Priscilla G. Leal
Michael McCutchon
Nelda Martinez
E. MINUTES:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
1. Approval of Regular Meeting of May 13, 2008. Atta hment # 1)
Agenda
Regular Council Meeting
May 27, 2008
Page 2
CITY COUNCIL
PRIORITY ITY 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
1. CONSENT T 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
(ember 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 S AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
2.a. Resolution authorizing the City ll neger or his designee to
accept a grant of $21 ,367 from San Patricia County to provide
personnel, mileage reimbursement, travel, and office supplies in
support of the mission and goals of the Regional Health
�p g
Areness Board . and to execute all related documents.
(Attachment#2)
Agenda
Regular Council Meeting
May 27, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2.b. Ordinance appropriating g a grant of $21 ,367 from San Patricia
County to provide personnel, mileage reimbursement, travel, and
office supplies in support of the mission and goals of the
Regional Health Awareness Board. (Attachment # 2)
3.a. Resolution authorizing the City Manager or his designee to
accept an additional amended grant of $127,250 from the
Department of State Health Services for equipment, supplies,
and other expenses relating to a plan for responding to an act of
terrorism and to execute all related documents. (Attachment # 3)
&.b. Ordinance appropriating an additional amended grant of
$127250 from the Department of State Health Services in the
No. 1066 Health Grants Fund for equipm nt, supplies, and other
expenses relating to a plan for responding to an act of terrorism.
(Attachment # 3)
4. Resolution authorizing the City Manager or his designee to
submit a grant application to serve as the Fiscal Agent for the
Texas Department of Family and Protective Services (DFPS) FY
2008-2009 78415 Community Youth Development (C YD)
Program, with $500,000 DFPS funding. Attachment # 4)
5, Ordinance authorizing the City Manager or his designee to
execute an agreement with the Young Men's Christian
Association of the Coastal Bend, Inc. (YMCA) for use of T.C.
Ayers Pool and adjacent grounds for summer 2008 and
extensions for up to three additional summer periods, for
YMCA's operation of free summer swim programs. (Attachment
# 5)
6. Motion approving the application from Bayfest, Inc. to temporarily
close the following street sections for the 2008 ayfest Festival
beginning Tuesday, September 16, 2008 through Wednesday,
October 1, 2008. (Attachment # 6)
A. Southbound Shoreline Boulevard, from Kinney Street to
550 feet south of Park Avenue and the portion of 100 feet
north of Furman Avenue beginning Tuesday, September
16, 2008 at 6:00 a.m. through Wednesday, October 1,
2008 at 6 :00 p.nn.
Agenda
Regular Council Meeting
May 27, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
B. Kinney Street, from northbound Shoreline Boulevard to
southbound Shoreline Boulevard beginning Tuesday,
September 16, 2008 at 6 :00 a.m. through Wednesday,
October 1, 2008 at 6 :00 p.m.
C. Born Street, from southbound Shoreline Boulevard to
Water Street beginning Tuesday, September 16, 2008 at
6 :00 a.m. through Wednesday, October 1, 2008 at 6 :00
p.m.
D. Broadway Court, from southbound Shoreline Boulevard
to Water Street beginning Tuesday, September 16, 2008
at 6 :00 am. through Wednesday, October 1, 2008 at 6 :00
P.
m.
E. Park Avenue, from northbound Shoreline Boulevard to
Water Street beginning Tuesday, September 16, 2008 at
6 :00 p.m. through Wednesday, October 1, 2008 at 6 :00
p.m.
7. Motion authorizing the City Manager or his designee to execute
Change Order No. 4 in the amount of $86,109.86 with Bay, Ltd.
for a restated contract total price of $10,657,154.49 to provide for
installation of two water mains, one five -foot diameter manhole
and eight-inch sanitary sewer main for the Cimarron Boulevard,
Phase 1 Project (Saratoga to orl t wn ). (Attachment ## 7)
8.a. Motion authorizing the City Manager or his designee to execute
a contract with Longhorn Excavators, Inc., of Richmond, Texas,
in the amount of $2,369,450 for construction of Cefe F.
Valenzuela Landfill Section 4A Liner & Leachate Collection
System and Section 4B Excavation. (Attachment # 8)
8.b. Motion authorizing the City Manager or his designee to execute
a contract for engineering materials testing services with
Kleinfelder, Inc., of Corpus Christi, Texas, in the amount of
$262,466 for construction of Cefe F. Valenzuela Landfill Section
4A Liner & Leachate Collection System and Section 4B
Excavation project. (Attachment ## 8)
Agenda
Regular Council Meeting
May 27, 2008
Page
cITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PUBLIC HEARINGS:
ZONING CASES:
9. Case No. 0408-09, Corpus Christi Construction Inc. — A change
- -- - - - - -- - --
of zoning from a "RE" Residential Estate District to a "R-2"
Multiple Dwelling District resulting in a change of land use
designation from estate residential to medium density residential
on property described as a 16.63 acre tract of land out of a
portion of Flour Bluff and Ericinal Farm and Garden Tracts
Section 54, Lot 9 and Lot 10, located in Flour Bluff on the west
side of Laguna Shores Road approximately 400 feet north of
Flu tlin' Hornet Drive. Attachment # 9)
Planning Commission's ion's Re ommen ation: Approval of the "R -2"
Multiple Dwelling District.
Staffs Recommendation: Denial of the "R-2" Multiple Dwelling
District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Corpus
Christi Construction, Inc., by changing the Zoning Map in
reference to 16.63 acres out of Flour Bluff and noinal Farm and
Garden Tracts, Section 54, Lot 9 and Lot 10, from "R -E"
Residential Estate District to "I_2" Multiple Dwelling District;
amending the Comprehensive Plan to aountforany deviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
K. REGULAR AGENDA
CONSIDERATION_OF MOTIONS, RESOL TIONS AND ORDINANCES:
S:
10.a. Ordinance appropriating $202,116 from the Unappropriated
Fund Balance in the No. 1 030 Hotel Occupancy Tax fund for an
incentive payment to the Corpus Christi Convention and Visitors
Bureau; changing the FY 2007 -2008 Operating Budget adopted
by Ordinance No. 027352 to increase appropriations by
$202,11 . (Attachment # 10)
Agenda
Regular Council Meeting
May 27, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10.1. Motion approving the payment ent of $202,116 to the Corpus Christi
Convention and Visitor's Bureau for an incentive payment as
provided under the current contract for services. (Attachment
# 10)
(RECESS REGULAR COUNCIL MEETING)
L. MEETING OF CITY CORPORATION:
11. CORPUS CHRISTI Cold mu ITY IMPROVEMENT
OVEMENT
,CORPORATION f CCCIC): (Attachment ## 11)
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
Date: Tuesday, May 27, 2008
Time: During the meeting of the City Council beginning
at 10:00 am.
Location: City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President John E. Marez calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors officers
John E. Mare z, Pres. George K. Noe, General Manager
Melody Cooper, Vice Pres. Armando Chapa, Secretary
Larry Elizondo, Sr. Mary Juarez, Asst. Secretary
Henry Garrett Cindy O'Brien, Treasurer
Mike Hummel) Constance Sanchez, Asst. Treas.
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
3. Approval of the minutes of August 28, 2007.
4. Approval of the financial report.
Agenda
Regular Council Meeting
May 27, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
5. General Manager's nnural Report.
6. Appointment of Loan Review Committee Members.
7. Public Comment.
8. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
M. SPECIAL BUDGET PRESENTATION:
12. Overview of Proposed FY 2008 -2009 Operating Budget
(Attachment# 12)
N. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
13. Preview of the Proposed Public Input Website for the Citywide
Storm Water Master Plan Project (Attachment # 13)
0. 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 1S EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL C DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
�i usted se dirige a la junta y tree que su ingles es limitado, habra urn
interiarete fin i s -e par of en la reunion de 1a junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, BERS, oR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
Agenda
Regular Council Meeting
May 27, 2008
Page 8
CITY COUNCIL
PRIORITY ITY ISSUES
(Refer to legend at the end of the
agenda summary)
P. 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.
14. Executive Session under Texas Government Code Section
551.71 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
15. Executive session pursuant to Texas Government Code, Section
551.074, Personnel Matters, to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager with possible action related thereto
in open session.
Q. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 9t_li O p.nn., on May21, 2008.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at r.cctexas.com after 7:00 .m. on the
Wednesday before regularly scheduled council meetings.
If technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
Develop Street Plan
Texas A &M University -- Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Bock 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 Eli ondo, Sr.
M i ke Rummell
Priscilla Leal
John M a re **
Nelda Martinez
ABSENT
Michael McCutchon
*Arrived at 10 :53 a.m.
*Arrived at 11:45 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular CourCouncil Meeting
May 13, 2008 - 10:00 a.m.
.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chaps
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Heath Peloquin with Brighton Park Baptist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Larry Eli ondo.
Mayor Garrett called for approval of the minutes of the regular Council meetings of April 22,
2008 and April 29, 2008. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * **
Mayor Garrett referred to Item 2 and the following board appointments were made:
Airport Board
William D. Dodge 111 (Reappointed)
Ed Hicks (Appointed)
Commission on Children and Youth
Laura Spear Smith (Reappointed)
Brian Silva (Reappointed)
Rosa M. Gonzalez (Appointed)
Robert Mirabal, Jr. (Appointed)
Isaac Valencia (Appointed)
LibrarYBoard
Michael A. Flores (Appointed)
Sister City Committee
Janice Garrett
Coastal Bend Council of Governments
Rudy Garza (Appoirited)
Fire Chief Richard Hooks (Appointed)
C.C. Convention and Visitors Bureau
Eduardo Carrion {Appointed}
Mechanical/Plumbing Advisory Board
Elvin P. O'Bryan (Reappointed)
James Horman (Reappointed)
Mike Wanzer (Reappointed)
Robert Sells (Appointed)
Sean M. Rodriguez (Appointed)
Transportation Advisory Committee
Curtis Rock (Reappointed)
Damien L., Holmes (Reappointed)
Jerry Trevino {Appointed}
* * * * * * * * * * **
—1—
Minutes .--- Regular Council Meeting
May 13, 2008 — Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 -16). Mr. Abel Alonzo
requested that Item 5 be pulled for individual consideration. Council members requested that Items
15 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
3. MOTION NO. 2008 -113
Motion approving the purchase of library furniture in accordance with Bid invitation N. 1-
0125-08 from A. Bargas Associates, LLC, of San Antonio, Texas based on only bid for a
total amount of $78,297.95. The library furniture will be installed at the newly remodeled
Parkdale Branch Library. Funds are available in the Library Capital Improvement Project
(CIP)Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
4.a. MOTION NO. 2008 -114
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$19,988.0 from the Texas Department of Transportation (TXDOT) for the Click It or Ticket
(CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement
overtime within the Police Department and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, and Martinez, voting `Ayer'; Cooper, McCutchon, and Marez were
absent.
413. ORDINANCE NO. 027684
Ordinance appropriating $19,988.40 from the Texas Department of Transportation (TXDOT)
for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP)
within the Police Department in No. 1061 Police Grants Fund.
An emergency wa declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye ";
Cooper, McCutchon, and Marez were absent.
6. RESOLUTION N , 027687
Resolution authorizing the City Manager or his designee subject to Federal Aviation
Administration (FAA) Funding Approval, to accept FAA FY2008 Grants in an amount not to
exceed $8700000 to rehabilitate taxiway systems, rehabilitate Taxiway "M ", design airfield
rescue and firefighting station modifications, complete drainage improvements Phase VI,
rehabilitate the airport perimeter road, and design an Airport Improvement Program (AIP)
equipment housing facility and various hangar structures at the Corpus Christi International
Airport and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
-2-
Minutes - Regular Council Meeting
May 13, 2008 — Page
7.a. RESOLUTION NO. 027688
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a grant from the Texas Parks and Wildlife Department in the amount of $30,000 to
operate the Community Outdoor Outreach Program (CO -OP), a summer outdoor recreation
program for youth.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye "; Cooper, McCutchon, and Marez
were absent.
7. b. ORDINANCE NO_. 027689
Ordinance appropriating a $30000 grant from Texas Parks and Wildlife Department in the
No. 1067 Park and Recreation Grants Fund to operate the Community Outdoor Outreach
Program (CO -OP), a summer outdoor recreation program for youth.
An emergency wa declared, and the foregoing ordinance wa passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye ";
Cooper, McCutchon, and Marez were absent.
8. BSOLUTION NO. 027690
Resolution approving the reappointments of Dr. William Burgin, Jr. as the local health
authority and Dr. Colette Simon as the alternate local health authority and authorizing the
City Manager or his designee to execute compensation agreements with Dr. Bergin and Dr.
Simon for the protection of the public's health, safety, and welfare.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye ", Cooper, McCutchon, and Marez
were absent.
9.a. MOTION NO. 2008-115
Motion approving the purchase of continuous coverage product maintenance from Sigma
Solutions, Inc. of San Antonio, Texas in the amount of $83,137.67 for the EMC8830 Storage
Area Networks through September 30, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, mell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
9. b. MOTION N . 2008 -11
Motion approving the purchase of continued annual maintenance costs from Sigma
Solutions, Inc. of San Antonio, Texas for the EMC883Q Storage Area Networks subject to
annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, hon, and Marez were
absent.
3
Minutes — Regular Council Meeting
May 13, 2008 — Page
10. jOTIQN NO. 200 87117
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
consultant contract with HD R, Inc., of Corpus Christi, Texas in an amount not to exceed
$49,000 for a revised contract value of $98,900 for additional storm water utility rate
implementation services.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye "; Cooper, McCutchon, and Marez were
absent.
11. RESOLUTION LUTION No. 027691
Resolution authorizing the City Manager or his designee to execute a Multiple Use
Agreement with the Texas Department of Transportation (TXDOT) for a drainage culvert on
FM 763 (Joe Miruer Road) associated with Corpus Christi International Airport (CCIA)
Taxiway Rehabilitation and Drainage Phase VI Projects.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye "; Cooper, McCutchon, and Marez
were absent,
12. MOTION NO. 2008 -118
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract and a Utility Easement with the owner of Calvary Chapel of the Coastlands in the
total amount of $65,500, for fee simple property rights to a 0.383 acre tract of land known as
Parcel I IA and for a 0.095 acre Utility Easement known as Parcel 11B, plus $1,500 in
estimated closing costs; all out of Lot 2, Block 1, Brandywine South Unit 1, located on Rodd
Field Road, south of Saratoga Boulevard; necessary for the Master Channel 27 Drainage
Improvement Project and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, and Martinez, voting 'Aye»; Cooper, McCutchon, and Marez were
absent.
13.a. MOTION NO. 2008_7119
Motion approving the Distribution Main Extension Construction and Reimbursement
bur ement
Agreement submitted by AEP Texas Central Company, owner and developer of Cabaniss
Acres No. 2, Lot 4, located south of Holly Road and west of Ayers Street for the installation
of 405 linear feet of 8 -inch PVC water distribution main.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
13.b. ORDINANCE NO. 027692
Ordinance appropriating $28}21 8.75 from the No. 4030 Water Distribution Main Trust Fund
to reimburse AEP Texas Central Company for the installation of 405-linear feet of 8 -inch
PVC water distribution main for development of Cabaniss Acres No. 2, Lot 4, as specified in
the Distribution Main Extension Construction and Reimbursement Agreement.
-4-
Minutes — Regular Council Meeting
May 13, 2008 — Page
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
14.a. MOTION NO. 2008 -1
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement submitted by AEP Texas Central Company, owner and
developer of Cabaniss Acres No. 2, Lot 4, located south of Holly Road and west of Ayers
Street for the installation of 1 ,359 linear feet of 12 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye "; Cooper, McCutchon, and Marez were
absent.
14.b. RDINANQE NO. 027693
Ordinance appropriating $93,913.07 from the No. 4220 Sanitary Sewer Collection Line Trust
Fund to reimburse AEP Texas Central Company for the installation of 1 ,359- linear feet of
12 -inch PVC sanitary sewer collection line for development ofCabani s Acres, No. 2, Lot 4,
as specified in the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement.
An emergency was declared, and the foregoing ordinance waspased and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
. Mayor Garrett opened discussion on item 5 regarding a grant from the Texas Department of
State Health Services. Mr. Abel Alonzo, 1 701 Thames, spoke regarding the vacancy of the Director
of Public Health. City Secretary Chapa polled the Council for their votes as follows:
5.a. RESOLUTION NO. 027685
Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from
the Texas Department of State Health Services to provide diabetes prevention and
management services and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye "; Cooper, McCutchon, and Marez
were absent.
5.b. ORDINANCE NO. 027686
Ordinance appropriating a grant of $80,000 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide diabetes prevention and
management services.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye ";
Cooper, McCutchon, and Marez were absent.
Minutes — Regular Council Meeting
May 13, 2008 — Page 6
Mayor Garrett opened discussion on Item 15 regarding Portairs Addition, Block 8. Council
Member Leal expressed concern that the masonry screening wall was never erected as required by
Ordinance No. 5716 and that the City has problems making sure that leases, contracts and
ordinances are abided by. M. Leal asked whether there were any financial effects that the City
incurred because the utility lines were not located. Deputy Director of Development Services
Johnny Perales stated that there were no financial effects for the operation and maintenance of the
existing utility lines. Mr. Perales explained that when researching a recently submitted plat for Lots
11, 12, 13, 20, 21, and 22, the Legal and Development Services staff found several issues that had
not been resolved in the Portairs Addition from the 1960x. Council Member Hummel) asked
questions regarding the reason the ordinance required that Mr. Susser erect a masonary wall.
Assistant City Attorney Jay Reining stated that staff assumed that the masonary wall was required
by ordinance to be used as a sound proof barrier between the commercial and residential
developments. Mr. Reining said the commercial development never took place and the changes to
the property never occurred. In response to Mr. Hummel), Mr. Reining said that the City probably
should have been the responsible party to record the easement. Council Member Hummell asked
whether there are changes being made to the property. Mr. Reining said the six lots are being
redeveloped by Advance Auto. City Secretary Chapa polled the Council for their votes as follows:
15.a. ORDINANCE NO. 027694
Ordinance repealing Ordinance No. 5716, removing conditions requiring the construction of
a masonry screening wall, maintenance of the area and other conditions; and authorizing the
City Manager or his designee to execute a release of the agreement authorized by
Ordinance No. 5716.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
15.b. QIDINANCE N .027695
Ordinance amending Ordinance No. 5762 to remove the requirement to relocate utility lines
from the alley through Portairs Addition, Block 8, that was closed by Ordinance No. 5762 to
a new utility easement that was being provided by Sam Susser; closing and abandoning the
15-foot wide utility easement granted by Sam Susser to the City of Corpus Christi on May 11,
1960; waiving the requirement to replat the affected properties due to the easement closure.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
Mayor Garrett opened discussion on Item 16 regarding Windward Drive Parking Lot hours of
operation. Council Member Hummell asked how the curfew of midnight was determined for this
parking lot. Director of Parks and Recreation Sally Gavlik explained that staff met with the condo
owners in the surrounding area to establish a reasonable time and that this time was initiated for
Cole Park. Council Member Hummell asked questions regarding the curfew of other bayfront parks
and the types of perceived illegal activity in the parking lot. Ms. Gavlik said that the other bayfront
parks have a curfew time of 2:00 a.m. because most of those parks do not have access to
neighbors. Ms. Gavlik stated that the Police Department has had reports of loitering, drinking, and
noise issues in that parking lot. In response to Mayor Garrett, City Manager Noe said the fishing
area was approximately 4,000 feet away. City Secretary Chapa polled the Council for their votes as
follows:
Minutes -- Regular Council Meeting
May 13, 2008 Page 7
16. FIRST READING G ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or
presence in Windward Drive parking lot from midnight to 6:00 a.m.; 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, Leal, and Martinez, voting "Aye "; Kelly abstained; Cooper,
McCut h n, and Marez were absent.
******* * ** * **
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case - -N .._ 8- 1_i Gary J hn on: A change of zoning from an "1-2" Light Industrial District
to an "1 -3'} Heavy Industrial District resulting in a change of land use designation from light
industrial to heavy industrial on property described as 1 0.926 acres out of J.C. Russell Farm
Blocks, Block 11, Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract
7-B located on the east side of Navigation Boulevard approximately 500 feet south of Agne
Street (SH 44).
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1 -3" Heavy Industrial District.
Council Members asked question regarding the authorized uses in "1-3" zoning; whether this
property will be used fora salvage yard, whether there is any other "1-3" zoning in the area; whether
there are any legal requirements prohibiting a person to change the property's use to a sexually
oriented business; the size of the tract; whether the tract of property is large enough for a
manufacturing plant; the proximity of the property to the closest neighborhood; whether staff has any
concerns with the expansion of the "1 -3" zoning south of interstate Highway 37; and whether there is
another way to grant the use of a salvage yard other than approving "1-3" zoning.
Council Member Hummell requested that staff provide the Council with information on the
different zoning districts including definitions and uses.
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. Chapa polled the Council for their
votes as follows:
17. ORDINANCE NO. 027696
Amending the Zoning Ordinance, upon application by Gary Johnson, by changing the
Zoning Map in reference to 1 0.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract i 1
and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract 7-B, from "1 -2" Light
Industrial District to "1 -3" Heavy Industrial District; amending the Zoning Map; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, and Martinez, voting "Aye";
Kelly abstained; McCutchon, and Marez were absent.
—7—
Minutes — Regular Council Meeting
May 13, 2008 — Page
Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0408- 2, D ny _lA _Knipp & John H. Bradshaw: A change ofzoning from an "A-
2" Apartment House District t a "B_ " Primary Business District resulting in a change of land
use designation from medium density residential to commercial on property described as
Chamberlin's Block 7, Lot 7 and wet one-half of Lot 8 and South Bluff Block 14, Lots and
5, located on Agnes Street approximately 160 feet east of Staples Street and located on
Laredo Street approximately 150 feet east of Staples Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the `i -" Primary 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. Mr. Chapa polled the Council for their
votes as follows:
18. ORDINANCE NO. 027697
Amending the Zoning Ordinance, upon application by Danyce M. Knippa and John H.
Bradshaw, by changing the Zoning Map in reference to Chamberlin's Block 7, Lot 7 and
west ore -half of Lot 8 and South Bluff Block 14, Lots 4 and 5, from "A-2' Apartment House
District to "B-5" Primary Business District; amending the Zoning Map; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; providing a publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hum ell, Leal, and Martinez, voting "Aye ";
Kelly abstained; McCutchon, n, and Marez were absent.
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning text amendment:
19. Public Hearing and First Reading Ordinance to consider amending Article 3, Definitions, of
the Zoning Ordinance by adding a new definition for a Community Home as Section 3-1.15.1
and by revising the definition of Family in Section 3-1.24; providing for penalties; and
providing for publication.
In response to Council Member Leal, Assistant Director of Development Services Faryce
Goode -Macon said that the Human Resources Code states that not more than six persons with
disabilities and two supervisors may reside in a community home at the same time.
No one appeared in opposition to the zoning text amendment. Mr. Kelly made a motion to
close the public hearing, seconded by Ms. C p r, and passed. Mr. Chapa polled the Council for
their votes as follows:
19. - FIRST READING ORDNANCE
To consider amending Article 3, Definitions, of the Zoning Ordinance by adding a new
definition fora Community Home as Section 3- 1.15.1 and by revising the definition of Family
in Section 3 -1.24 providing for penalties; and providing for publication.
Minutes — Regular Council Meeting
May 18, 2008 — Page 9
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Leal, and Martinez, voting "Aye"; Kelly abstained;
McCutchon, and Marez were absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following development ent agreement:
20. Public Hearing and Ordinance to considerwaiving the requirements in Sections V.A.3.a)(I)
and V.A.3.b 2 , Corpus Christi Platting Ordinance, relating to the installation of permanent
water and wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the
final plat; authorizing the City Manager designee to e a ute a devel pr entagreement
with John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills
Subdivision, Unit 5, before permanent water and wastewater service is provided to the
development.
Council members asked questions regarding the 75% completion of construction; the reason
to declare an emergency on this item; whether it was the intent of the developers to construct the
project t coincide with the road repairs; whether the City's project is delayed or if the development
of the subdivision is ahead of schedule; whether the City changed the original chronology of the
road project; whether the developer is required to remove the interim water or wastewater system
that will not be used for permanent services; the person responsible for making sure the interim
components are removed; whether the developer has to complete the installation of the interim work
for water and wastewater before they start building; the current status on the construction of the
interim work; whether the developer will connect to the permanent water supply before Up River
Road is paved; whether there is a concern from the developer that the road work will not be
completed in five or six months; and the reasons that the reconstruction of Up River Road is taking
e long.
No one appeared in opposition to the development agreement. Ms. Cooper made a motion
to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council
for their votes as follows:
20. ORDINANCE NO. 027698
Ordinance to consider waiving the requirements in Sections V.A. .a 1 and V.A.3.b 2 ,
Corpus Christi Platting Ordinance, relating to the installation of permanent water and
wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the final plat;
authorizing the City Manager or his designee to execute a development agreement with
John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills
Subdivision, Unit 5, before permanent water and wastewater service is provided to the
development.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting
"Aye"; ; M C t hon and Marez were absent.
Mayor Garrett opened discussion on Item 21 regarding the second reading on the creation of
astorm water utility. Assistant City Manager Oscar Martinez provided a background on the needs
for revising the storm water funding program. Tony Bagwell, HDR, provided information on the
impervious cover proxy approach including the data sources and information; data integration; the
early equivalent rate unit E estimate; and data quality issues and concerns.
Minutes — Regular Council Meeting
May 18# 2008 Page 10
Mr. Martinez further addressed the options for alternative storm water funding; the
expectations, considerations, requirements and timeline should the City proceed with the impervious
cover proxy approach; and the development f actual impervious cover data for impl m ntation in
FY2 1 . Mr. Martinez said that staff will continue to evaluate the data and make a final
recommendation on the rate structure on May 271h.
Council members asked questions regarding the effects to customer utility bills; other option
for developing the impervious cover data; the time period to receive correct impervious cover data;
the consultant's recommendation; whether the water rates will be less once the storm water costs
are excluded; the structure to determine the percentage f the storm water charge from water; the
transfer program; whether the council and the citizens will receive an example of what the utility bill
will look like; the option referring to outside city limit customers CL water expenses; the number
r
of inside city limit customers (ICL) and OCL water accounts; whether the intention is to be revenue
neutral no matter which option the Council considers; whether the residential customer would see an
increase in the total utility bill if the council considered Options 1; whether there would be no charge
in the bill if the council considered Option 3; the extent of the charge being offset by the new fees for
providing infrastructure; whether ICL customers will still bear $7.5 million of the additional costs; the
net impact for individual residents; typical residential consumption; whether each option is going to
see comparable increases in utility costs; whether any of the options minimizes the impact to
residential customers; if refineries are classified as OCL and large water customers; whether
refineries contribute to storm water; benefits to the refinery for receiving storm water; how the City
currently charges storm water to refineries; whether commercial customers are currently paying
more than residential customers; whether multifamily is incorporated into commercial; the number of
homes inside the City limits; and the number of commercial accounts inside the city limits.
Mr. Bagwell stated that HDR was hired to review the eligible charges for water that are
appropriate and to make separate recommendations on moving the storm water expenses. Mr.
Bagwell stressed that the return on equity charge for water is happening simply because it is an
eligible charge the City has not been making and has nothing to do with the storm water expenses
moving.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the flushing of water line and the court's ruling on council member in uran e. Bob Alge ,
15629 Three Fathoms, spoke regarding the Sargassam Symposium and sea turtle season. Jack
Gordy, 4118 Bray, spoke regarding the Legal Department r qu sting reconsideration of an Attorney
General opinion on an open records request. Rolando Perez Garza asked the Council to consider
honoring former Police Chief Pete Alvarez.
follows:
Mayor Garrett announced the executive sessions, which were listed on the agenda as
27. Executive Session under Texas Government Code Section 551.971 regarding Texas
Commission on En ironrimental Quality (TCEQ) Notice of Enforcement Action - City of
Corpus Christi; R 1 1 10979; Docket No. 2008 - 0399- MWD -E; Enforcement Case No.
35598, with possible discussion and action related thereto in open session.
Minutes — Regular Council Meeting
May 13, 2008 — Page 11
28. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
29, Executive Session under Texas Government Code Section 551.071 regarding Cause No.
07-4924-A; Joe O'Brien, Jack Gordy and Taxpayers Association, Inc. vs. City of Corpus
Christi, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion wars passed with the following vote:
27. MOTION_ N . 2008 -123
Motion authorizing the City Manager to execute an agreed orderwith the Texas Commission
on Environmental Quality' In the Matter of an EnforcementAction Concerning City of Corpus
Christi, RN101610079, Agreed Order, Docket No. 208 - 0399- MWD -E," and an agreement
with the Coastal Bend Bays and Estuaries Program, Inc., to perform a supplemental
environmental project for the City in the amount of $14,544.
The foregoing motion was passed and approved with the flawing vote: Garrett, Cooper,
Hummell, Leal, Marez, and Martinez, voting `Aye "; Elizondo, Kelly, and McCutchon were
abert.
Mayor Garrett returned to Item 21 regarding the second reading on the creation of a storm
water utility. Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano,
stated that in the 1990'x, a committee made a recommendation against forming a storm water utility.
Mr. O'Brien said that the approval of the ordinance is premature and that he does not support the
ordinance at this time.
Mayor Garrett asked whether the utility bill is going to be more once the storm water utility is
approved. Mr. Martinez said that the cost would be more for customers who reside inside the city
limits. In response to Mr. Rummell, Mr. Martinez stated that the rate structure is a separate issue
and will be brought to the council during the budget process on May 27th. City Secretary Chaps
polled the Council for their votes as follows:
21. ORDINANCE NO. 027699
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. (First
Reading 04/29/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Marez, and Martinez, voting "Aye "; Leal
voting "No"; McCutchon was absent.
Minute — Regular Council Meeting
May 13, 2008 — Page 12
Mayor Garrett opened discussion on Item 22 regarding the Wooldridge Road Reconstruction
Phase 1 from Staples Street to Airline Road. Interim Assistant City Manager Angel Escobar
explained that this item is the award of the construction contract and that the bid came in lower than
estimated. Mr. Escobar said that H G Contractors, Inc. is also doing Phase 11 from Airline to
Wooldridge.
Council members asked questions regarding the completion of Rudd Field and Airline;
whether the bridge work was completed; when the bonds were sold for this project; and the
construction estimate. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
22. MOTION NO. 2008 -12
Motion authorizing the City Manager or hi
Minutes Regular Council Meeting
May 13, 2008 — Page 13
23. MOTION NO. 2008 -122
Motion authorizing the City Manager or his designee to execute a construction contract with
Clark Construction of Texas, Ltd., of San Antonio, Texas, in the amount of $1,577,819.34
for the Ocean Drive Seal Coating — Elizabeth Street to Ennis J slin Road 2008 Project for
the Base Bid and Additive Alternates 1, 2, and 3.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
Mayor Garrett opened discussion on Item 24 regarding an interlocal Cooperation Agreement
with Nueces County. Assistant City Manager Margie Rose explained that the Texas Commission on
Environmental Quality (TCEQ) recently conducted a compliance review of the City's on -site sewage
facilities program that is under the authority of Nueces County and enforced by the City-County
Health District. Ms. Rose added that the compliance review indicated that the County is the
Authorized Agent and requires the County enter into an interlocal agreement with cities to allow the
County to designate the City as its representative to act on their behalf to issue permits for septic
systems. There were no comments from the audience. City Secretary Chaps polled the Council for
their votes as follows:
24. RESOLUTION _N . 027700
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Nueces County to receive services related to the installation and permitting of on -site
sewage facilities within the city.
The foregoing resolution was passed and approved with.the following vote: Garrett, Cooper,
Elizondo, Hummel, 1, Dally, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent.
Mayor Garrett referred to Item 25 regarding the Crime Control and Prevention District
Quarterly Project Update. Scott Kura, Chairman of the Crime Control and Prevention District
Board of Directors, said the board of directors continues to work hard. Police Chief Bryan Smith
provided a brief overview including the current budget; the continued focus on Core Programs; one-
time expenditures; FY2008-2009 proposed budget; the budget calendar; and project updates on the
graffiti program, pawn shop detail, campus crime stoppers, and the Juvenile Assessment Center.
Council members asked questions regarding participation from the board of directors;
whether graffiti arrests are translating to convictions, probation or jail time; the age of graffiti
offenders; types of proactive tactics; and the misconception that graffiti taggers are artists.
Mayor Garrett referred to Item 26 regarding an update on Development Services Process
Improvements. Assistant City Manager for Development Services Robert Nix referred to a
powerpoint presentation including the types of customers; customer services; primary values; basic
functions of the department; permitting process steps; major department issues; the old and new
intake system; the old and new management system; new plan review software; the electronic plan
check process; and the 2007 building inspections,
Minutes - Regular Council Meeting
May 13, 2008 — Page 14
Council members asked questions regarding the permitting process for addressing the
project data file; warnings to residents for using unlicensed contractors; whether there is a shortage
of inspectors; the involvement f the consultant Horizon Centre in this process; inconsistencies with
the staff and inspectorsthatare not familiar with the code requirements for passing inspections; and
whether there were previous policies and procedures in place for the inspectors and office staff to
follow.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4 :08 p.m. on May 13, 2008.
2
1
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May " X008
AGENDA ITEM:
Item A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACCEPT A GRANT OF S21,367 FROM SAN PATRICIO COUNTY TO PROVIDE
PERSONNEL, MILEAGE REIMBURSEMENT, TRAVEL AND OFFICE SUPPLIES IN
SUPPORT OF THE MISSION AND GOALS OF THE REGIONAL HEALTH AWARENESS
BOARD AND TO EXECUTE ALL RELATED DOCUMENTS.
Item B: ORDINANCE APPROPRIATING A GRANT OF S21,367 FROM SAN PATRICIO
COUNTY TO PROVIDE PERSONNEL, MILEAGE REIMBURSEMENT, TRAVEL AND
OFFICE SUPPLIES IN SUPPORT OF THE MISSION AND GOALS OF THE REGIONAL
HEALTH AWARENESS BOARD; AND DECLARING AN EMERGENCY.
REQUIRED COUNCIL ACTION: ACCEPTANCE OF GRANT AND APPROPRIATION OF
FUNDS.
PREVIOUS COUNCIL ACTION: ACCEPTANCE F GRANT IN THE AMOUNT OF 26,250
FROM PORT INDUSTRIES IN JANUARY 2006.
CONCLUSION AND RECOMMENDATION: RECOMMEND CITY COUNCIL TO ACCEPT
THE GRANT AND APPROPRIATE RI.AT FUNDING FOR $21,367 TO SUPPORT THE MISSION
AND GOALS OF THE REGIONAL HEALTH AWARENESS BOARD.
t� 4
Annette Rod6 u, PH
Interim Director of Public Health
BACKGROUND INFORMATION
BACKGROUND: This grant supports the mission and goals of the Regional Health
Awareness Board created by InterIocaI Agreement that was entered into by and
between the City of Corpus Christi, County of Nueces, and County of San Patricio.
This grant contract requires no matching funds.
• .. . r . -
.' ,.F IOC : HEALTH .AW- ARENESS BOARD.
SERVI THE TEXAS COASTAL BEND
Aprii 7, 2008
The Honourable Terry . Simpson
Judge of San Patricio County
400 West Sinton Strut #109
Si ton, TX 7 387
Re: Request to Release Funding
for Regional Health Awareness Board
"T n ur that opporLuniLies for
quality ddt to ue by citizens; of the Coastal
Bead on the issues it c Lir c
elf ':'.: , erivirocirneriu. and lift) qu iliLy.,,
RECEIVED
Ip s 2aaa
to
1, Y k'• i
•
Dear Judge Simpson:
Dr. Mobley has informed the Regional Health Awareness Board that San atri io County has
approved funding to support the mission and work of the Regional Health Awareness Board
("RHAB")4 understand that San Patricio County has awarded the RHAB total of
$21,367.0O. Therefore, Dr. Mobley has instructed me to send you a letter on behalf of the
RHAB to request you to release these funds to the RHAB, and also inform you to whom the
check should be made payable and where it should be mailed.
Please make the check payable to the City of Corpus Christi Health Department and mail it
to the following address:
City of Corpus Christi Health Department
1702 Horne Road
Corpus Christi, TX 78416
Attn: RHAB Administrator
PIVerlits3
On behalf of the Regional Health Awareness Board, vrirish to thank you and San Patricio
County for supporting the mission and work of the RHAB.
If you have any questions, please contact me at the 361-826-7246 or
in an ct xas.com, Thank you
Sincerely
/9 26/1",tv
William M. Uhlarik, MBA, ARM
RHAB Administrator
cc: )am )ames Mobley, MD, Dennis Roberts, Mary Jane Hamilton, PhD.,
and Lillian Williams, Annette Rodriguez. MPH, Carol Scott, & RHAB File
Simpson. T. ( kiAB Fund. by San Pair io )4-7 - 0oa
c/o Corpus Christi -N eces County Public Health District
1702 Horne Road - Corpus Christi - Texas 78416
Phone: (361) 826-7246 Fax (361) S26 -1312
_1 9—
34
OF
SAN PATRICIO COUNTY
SINTON. TEXAS 78387
• • • - -
CHECK NO.
GENERAL FUND
- • •
RAND DATE DESCRIPTION ' AMOUNT
16 0.::4 CENERAL FUND
30271
C.) 4 21 08 R HAD S :40 RT putos
21,367,00
CITY OF CORPUS CHRISTI HEALTH DEPT
96 RHAB ADMINISTRATOR
1702 HORNE RD
CORPUS CHRISTI TX 78416
TOTAL AMOUNT t 21,367.00;
SAN PATRICIO COUNTY • DATE
SINTON. TEXAS 78387 04/21/2008
GENERAL FUND
PAY "k •€
TO THE
ORDER OF cT72(.. QZ C Q Rns,
Dir SOM Oi
CHECK NO
NO
00160248
AR21.0-INT
Ik***t21,3E7.0QI
VOID AFTER 90 DAYS -
Tweni v-one thousand three hundred siny-scven and 001100**********************"** DOLLARS
_ • _
TWO SIGNATURES REOMED
Bank
iwt 7.832
11' L D 21480
••••••••••
Y fiE4§04ER
12ITMAMMIgagi'M
CHECK-NUMBER - 00160248
PAID-TO - CITY OF CORPUS CHRISTI HEALTH DEPT
% RHAB ADMINISTRATOR
1702 HORNE RD
CORPUS CHRISTI TX 78416
.COUNTY AUE5litiR
ACCOUNT-NO INVOICE-NO INVOICE-DESCRIPTION AMOUNT
- 0000330694 RHAD SUPPORT FUNDS 21,367.00
'474/4?
-20-
21,367.00
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT OF $21 ,367 FROM SAN PATRICIO COUNTY TO PROVIDE
PERSONNEL, MILEAGE REIMBURSEMENT, TRAVEL, EL, AND OFFICE
SUPPLIES IN SUPPORT OF THE MISSION AN GOALS OF THE
REGIONAL AL HEALTH AWARENESS BOARD AND TO EXECUTE ALL
RELATED DOCUMENTS.
BE IT RESOLVED ED B THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$21 ,$21,367 from San Patricio County to provide personnel, mileage reimbursement, travel,
and office supplies in support of the mission and goals of the Regional Health Aware-
ness Board and to execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 14, 2008
Eliza : h R. Handley
Assistant City Attorney
for the City Attorney
alres214.doc
—21—
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Rummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
AN ORDINANCE
APPROPRIATING A GRANT OF $21,367 FROM SAN PATRICIO
COUNTY TY T PROVIDE PERSONNEL, MILEAGE
REIMBURSEMENT, TRAVEL, AND OFFICE SUPPLIES IN
SUPPORT OF THE MISSION AND GOALS OF THE REGIONAL
HEALTH AWARENESS NESS BOARD; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $21 ,367 from San Patricio County is appropriated in the
No. 1066 Health Grants Fund to provide personnel, mileage reimbursement, travel,
and office supplies in support of the mission and goals of the Regional Health
Awareness Board.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: 1 finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
_, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 14, 2008
EIi a • - h R. Hundley
Asses - rat City Attorney
for the City Attorney
alord229.doc
_23_
Henry Garrett
Mayor
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: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H rmell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May V,2008
AGENDA ITEM:
Item A: AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT AN
ADDITIONAL AMENDED GRANT OF $127,250 FROM THE DEPARTMENT OF STATE
HEALTH SERVICES FOR EQUIPMENT, SUPPLIES, AND OTHER EXPENSES
RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO
EXECUTE ALL RELATED DOCUMENTS.
Item B: ORDINANCE APPROPRIATING AN ADDITIONAL AMENDED GRANT OF
$127,250 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND FOR EQUIPMENT, SUPPLIES, AND OTHER EXPENSES
RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND
DECLARING AN EMERGENCY.
ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the
amount of $377,601 to maintain the laboratory beginning September 1, 2007, through July
31, 2008, as a Level B laboratory. The first portion of these funds in the amount of
$150,475 was approved by Council on August 21, 2007. The second portion for these
funds in the amount of $99B76 was approved by Council on January 18, 2008. This
amendment is for the third portion of the funds in the amount of $127,250. This grant will
fund the salary for two (2) technical positions, the purchase of equipment ent and to upgrade
the lab facilities to support the testing and teaching functions required in the grant as well
as continuing to enable the lab to test food for possible agents of bioterrorism and to
support the Environmental Health division with outbreaks of food- borne illness.
REQUIRED COUNCIL ACTION: Acceptance of the amendment and appropriation of
funds.
PREVIOUS COU CIL ACTION: Council approved and appropriated funding for $99,876
in January Zoo.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: IIMENDATIOI : e ors mend City Council to accept the
amendment an appropriate funding for $127,250 to maintain a Level B laboratory.
7
(,/,/,-z et Annette Rodriguez, M
Director of Health
-27-
BACKGROUND INFORMATION
BACKGROUND: This item continues our current contract with the DSHS to
maintain our lab as a Level B Laboratory. This will enable the dab to test food for
possible agents of bioterrorism as well as enabling the lab to support the
Environmental Health division with outbreaks of food -borne illness. The contract
period is from 9/x/07- 7131108, and funds are being awarded to cover personnel,
fringe benefits, travel, equipment, supplies, and funding to upgrade the laboratory
division. This contract requires no matching funds.
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
AN ADDITIONAL AMENDED GRANT OF $127,250 FROM THE
DEPARTMENT OF STATE HEALTH SERVICES FOR EQUIPMENT,
SUPPLIES, AND OTHER EXPENSES RELATING TO A PLAN FOR
RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL
RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a second
amended grant, in the amount of $127,250, from the Texas Department of State Health
Services for equipment, supplies, and other expenses relating to a plan for responding
to an act of terrorism and to execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 14, 2008
Eliza - th R. Handle
Assi ant City Attorney
for the City Attorney
aires215.doc
Henry Garrett
Mayor
Corpus Christi, Texas
day of t 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
AN ORDINANCE
APPROPRIATING AN ADDITIONAL AMENDED GRANT OF
$127,250 FROM THE DEPARTMENT T F STATE HEALTH
SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR
EQUIPMENT, T, SUPPLIES, AND OTHER EXPENSES RELATING TO
A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST
TEXAS, THAT:
SECTION 1. A second amended grant, in the amount of $127,250, from the Texas De-
partment r ent f State Health Services, is appropriated in the No. 1066 Health Grants Fund
to provide equipment, supplies, and other expenses relating to a plan for responding to
an act of terrorism.
SECTION 2. Upon the written request of the Mayor or five Council members,
copy
attached, the City Council: 1 finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
is
upon ordinances at two regular meetings so that this ordinance s passed and takes
effect upon first reading as an emergency measure on this the .�- day of
: 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 14, 2008
is = h R. Hundley
Assi ant City Attorney
for the City Attorney
EHord230.doc
-31-
Henry Garrett
Mayor
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: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
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
4
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 27, 2008
AGENDA ITEM: Resolution authorizing the City Manager, r the City Manager's designee
to submit a grant application to serve as the Fiscal Agent for the Texas Department of
Family and Protective Services (DFPS) FY 2008 -2009 78415 Community Youth
Development CYD Program, with $500000 DFPS Funding.
ISSUE: DFPS anticipates continued funding for the CYO Program in various cities
throughout the state. The City of Corpus Christi will apply for a thirteenth year of funding
for an amount of $500,000 for Fiscal Year 2008 -2009 to be used for programs that serve
youth and families who reside and or attend school in the 78415 ZIP Code area. The City
currently serves as the Fiscal Agent. In order to be considered for funding in Fiscal Year
2998 -99, the fiscal agent renewal packet must be delivered to DFPS by Friday, June 13,
2008.
In May 2008, DFIDS informed all CYD contractors (including the City of Corpus Christi) of
the anticipated funding level for Fiscal Year 2008 -2009. In preparation, the City, as current
Fiscal Agent, called for proposals from the community. Public notice of this was advertised
in the Corpus Christi Caller Times newspaper on April 2 and April 7, 2008. This notice was
also placed on the City of Corpus Christi's Purchasing web site from April 2 -Aprii 18, 2008.
In addition, the City of Corpus Christi's Purchasing Department mailed 132 grant
applications to local social service providers. All current subcontractors were informed.
The 78415 CYD Review Committee is currently scheduled to review the submitted
proposals during the month of May 2008 for submission to DFPS.
REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the
Fiscal Agent for DFPS FY 2008-09 CYD Program in the approximate amount of $500,000,
PREVIOUS C fi CIL ACTION: On October 16, 2007, City Council appropriated funding
from DFPS in the amount of $507,009 for the City of Corpus Christi to serve as the Fiscal
Agent for the CYD 78415 grant during the FY2007 -2008 (September, 1, 2007- August 31,
2008)
CONCLUSION AND RECOMMENDATION: Staff recommends approval or resolution.
1„-Sally Gavli , Director
Parks and Recreation Department
Attachments: Background Information
BACKGROUND INFORMATION
On May 27, 1997, the City Council approved a transfer agreement with the Workforce
Development Corporation pertaining to the CYD Contract with DFPS for the 78415 CYD
Program, and executed a contract with TDPI &. The City Council also passed a resolution
(#022938) establishing the CYD Steering Committee. Since then, the City has served as
the Fiscal Agent for the program and entered into subcontracts with many community
agencies for CYD service.
In 1 995, DFPS developed a program to fund local grass roots efforts in the highest juvenile
crime areas of the state by ZIP Code. The program sought to create activities that were not
currently available within the local 78415 ZIP Code area. These activities were made
available to youth ages 5-17. Eligible activities must fall within the following categories:
mentoring, activities, employment, education, and/or youth leadership. In order to meet
DFPS guidelines, a mentoring, youth leadership and a Youth Advisory Committee
component must be part of the overall 78415 CYD Program's Plan of Operation.
Since its inception, the CYD Program has served the 78415 zip code area through a
number of service providers. These include Boys & Girls Club, Communities In Schools,
Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus
Christi Public Library, Paisano Girl Scout Council, Parks & Recreation Department,
Planned Parenthood, Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA and
YWCA.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO SERVE AS THE FISCAL AGENT FOR THE
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
(DFPS) FY 2008 -2009 78415 COMMUNITY YOUTH DEVELOPMENT
(CYD) PROGRAM, WITH $5Q0,000 DFPS FUNDING.
BE IT RESOLVED LED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant
application to serve as Fiscal Agent for FY 2008 -2009 Texas Department of
Family and Protective Services (DFPS) 78415 Community Youth Development
(CYD) Program, with $500000 DFPS funding.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter
the terms and conditions of, or terminate the grant, if awarded to the City.
SECTION 3. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: May 18, 2008
tvA,
Lisa Agu
Assistant 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 Garreft
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M C t hon
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 27, 2008
AGENDA ITEM:
Ordinance authorizing the City Manager or his designee to execute agreement with
the Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of
T. C. Ayers Pool and adjacent grounds for Summer 2008 and extensions for up to
three additional Summer periods, for YMCA's operation of free summer swim
programs; and declaration of emer ency.
ISSUE:
The YMCA operates the TC Ayers Swimming Pool, city facility, for outreach services
throughout the summer months. The YMCA offer free swimming and free lessons during
the summer months June and July to participants at the Ben Garza Recreation Center and
the T.C. Ayers Recreation Center.
REQUIRED COUNCIL ACTION:
City Council must authorize the City Manager or his designee to execute the necessary
documents to allow for a one -year agreement with extensions for up to three additional
summer periods of TC Ayers Pool.
PREVIOUS COUNCIL ACTION:
City Council approved the execution of a five year agreement for TC Ayers Pool and
adjacent grounds with the YMCA on August 20, 2002.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance
lor'' Sally Gaviik, Director
Park and Recreation
Attachments: Background Information
BACKGROUND INFORMATION
This agreement with the YMCA will grant use of premises at T.C. Ayers Pool and adjacent
grounds at 926 Coke St. for its swimming program. The YMCA will be responsible for
operating open swim and instructional swim programs, as well as maintaining the premises
and pool. The City Parks and Recreation Department (PARD) will take summer camp
participants from Ben Garza Recreation Center, 3204 Highland, and Solomon Coles
Recreation Center, 924 Winnebago, to T.C. Ayers Pool for recreational swim during the
term of the agreement. The Parks and Recreation Department will continue to be
responsible for maintenance to mechanical equipment and structure of the pool.
A similar agreement has been in place with the YMCA since October 2002. The YMCA
also works with PAID to host a youth basketball league for elementary and middle school
students during June and July.
ORDINANCE
AUTHORIZING THE CITY Y MANAGER OR ms DESIGNEE TO EXECUTE
AGREEMENT WITH THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
THE COASTAL BEND, INC. (YMCA) FOR USE OF T. C. AYERS POOL
AND ADJACENT GROUNDS FOR SUMMER 2008 AND EXTENSIONS FOR
UP TO THREE ADDITIONAL SUMMER PERIODS, FOR YMCA'S
OPERATION OF FREE SUMMER SWIM PROGRAMS; AND
DECLARATION OF EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION I. That the City Manager or his designee is hereby authorized to execute an
agreement with YMCA for use of T. C. Ayers Pool and adjacent grounds for summer 2008, and
authorizing extensions for up to three additional summer periods, in consideration of YMCA's
operation of free summer swim program and maintenance of the premises. A copy of the lease is
on file with the City Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure on this
the day of - -- , 2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: This ? da y of 2008:
By:
Lisa Agui Assistant City Attorney
for City Attorney
Corpus Christi, Texas
Day of
2008
TO THE MEMBERS OF THE CITY COUNCIL
CIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
r
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 M a rt i n e
Michael McCutchon
AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES
This Agreement made and entered into the day of between the City of
Corpus Christi (hereinafter referred to as the (CITY) and the YMCA of the Coastal
Bend (hereinafter referred to as the YMCA).
WHEREAS, the "CITY" is a Texas horne rule municipal corporation ('City'), acting through its
duly authorized City Manager or designee ('City Manager');
WHEREAS, the "YMCA", is a Texas non - profit corporation organized as a tax exempt
charitable organization under Internal Revenue Code section 501-3(C) and existing in good
standing under the laws of the State of Texas;
WHEREAS, the CITY owns and maintains T.C. Ayers Pool 926 Coke St. and adjacent grounds
in Corpus Christi, Nueces County, Texas ("Premises");
WHEREAS, the CITY and YMCA wish to enter into an Agreement for YMCA to use the
Premises at T.C. Ayers Pool and adjacent grounds 926 Coke St for a swimming program;
WHEREAS the CITY wishes to bring summer camp participants from Ben Garza Gym, 1815
Howard, and Solomon Coles Recreation Center, 924 Winnebago, to T.C. Ayers Pool and
adjacent grounds 926 Coke St for recreational swim;
NOW, THEREFORE, City and YMCA, in consideration of the mutual promises and covenants
herein, agree as follows:
Section 1. Initial Term. Subject to the remaining terms and conditions hereof, City agrees to
provide YMCA with use of T.C. Ayers Pool and adjacent groun is located at 926 Coke St
beginning on the May 29, 200 8, and terminate August 15, 2008.
Section 2. Contact Person /Agreement Administrator. For this agreement the CITY's contact
person and Agreement administrator is the Director of Park and Recreation ("Director") or the
Director's designee.
Section 3. Premises and Improvements. The CITY under agreement with the YMCA will
provide the Premises, as described and delineated in Exhibit "A", which is attached and
incorporated in this Agreement by reference, and including, without limitation, all other
improvements to the Premises ("Improvements"), such as the fences, irrigation systems, and the
grassed areas. The CITY will turn the Premises over to the YMCA on May 29, 2008. The
YMCA will return the property at the end of the Agreement to the CITY. The property will be
presented by the YMCA in clean operating condition and as originally presented; less wear and
H: \LEG -I I Li Parks and Recreation\Agnit City YMCA May 20 .do
1
tear of summer use.
Section 4. Consideration. In consideration of the CITY's grant of use of CITY property known
as T.C. Ayers Pool as described in Exhibit "A ", the YMCA will operate a swimming program
free to the public within the dates of June 9th through August 15th 2008, at the T. C. Ayers Pool,
with minimum operation hours of 1:00 p.m. to :00 p.m., Tuesday through Saturday, and must
maintain the Premises and all Improvements in accordance with all maintenance rules, with
respect to this Agreement, set out by the City Manager in effect now and as promulgated in the
future. Failure to maintain the Premises and all Improvements in accordance with these rules
constitutes grounds for termination of the Agreement. At a minimum, maintenance includes:
A. YMCA shall pick up and properly dispose of litter on a daily basis during YMCA's
exclusive use periods;
B. YMCA must immediately report any vandalism occurring at the Premises to the
Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas;
C. YMCA must ensure, at all times, that parking by YMCA staff and participants is
confined to designated parking areas only;
D. The City shall provide normal, scheduled mowing of the grassed areas of the Premises;
however, YMCA shall treat, or otherwise eliminate, during the term of this Agreement any grass
or weeds that grow through cracks in the concrete and pool decking inside the fenced areas of the
Premises;
E. YMCA will perform a chemical check of the pool's water every two hours during
YMCA's exclusive use periods to ensure that the pool water meets the standards found in the
City's Code of Ordinances, Section 23 -57, as amended, copy attached as Exhibit C. Following
the conclusion of each chemical check, YMCA must ensure that the Park Operations Division of
the City's Park and Recreation Department is notified so that Park Operations staff may make
any necessary chemical adjustments in the quality of the pool's water. The City will perform
chemical checks and chemical adjustments of the pool's water at all other times during the term
of the Agreement;
P. YMCA will maintain a daily chemical log, including the times at which pool
chemical checks are made and related results of each chemical check, during YMCA's exclusive
use periods;
G. YMCA will vacuum (with YMCA. supplied vacuum) the pool, remove debris from the
water, and sweep the pool area as needed during the YMCA's exclusive pool use periods.
H. YMCA will inspect the pool's restrooms daily during YMCA's exclusive use periods;
I City will provide the following equipment: oxygen, and guard chairs. YMCA will
provide all other equipment required by Section 3 -57 as well as backboard, life vests, and guard
equipment.
J. YMCA will clean and disinfect the pool's restrooms daily during YMCA's use of pool.
HALEG-DIR\Lisa\2008 Parks and Recreation\Agmt City YMCA May 20 2008.doe
—46—
2
Section 5. Joint Use
A. The City retains joint use of the Premises and Improvements during the term of this
Agreement, subject to YMCA's right to exclusive control of the Premises during its use for
swimming program purposes "exclusive use periods").
B. Participants from the Ben Garza Gym and Solomon Coles Recreation Center summer
programs will utilize T.C. Ayers Pool for open swim at no charge. Site supervisors from each
facility will contact the YMCA each week to indicate the approximate number of participants
who will vi
Section 12. Inspection and Maintenance.
A. The City shall maintain the mechanical equipment and facility structure of the T. C. Ayers
Pool during this Agreement. The City Manager or the Director, or their respective designee, has
the right to inspect the Premises at any time.
B. The YMCA has the right to request in writing compliance for the proper maintenance of the
mechanical equipment and facility structure of the pool. The CITY will respond in regard to the
actions to be taken and appropriate deadlines for the action within five business days after
receipt of the request. YMCA may, with the CITY's prior written permission, undertake the
maintenance repairs; and in such event, the CITY shall pay YMCA's reasonable costs within
days of receipt of invoice.
Section 13. Non-Discrimination. YMCA and CITY shall not discriminate nor permit
discrimination against any erson or p ou of persons, as to employment and in the provision of
services, activities, and programs related to this Agreement, on the grounds of race, religion„
national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The CITY Director and/or YMCA C.E.O. retain the
right to take such action as the United States may direct to enforce this non-discrimination
covenant.
Section 14. Compliance with Laws.
A. YMCA and CITY must comply with all applicable Federal, State, County, and City laws,
rules, regulations, and ordinances which may be applicable to its operation at the Premises and
its performance under this Agreement. This Agreement is also subject to applicable provisions of
the CITY Charter.
B. All actions brought to enforce compliance will be brought in Nueces County, State of
Texas where this Agreement was executed and will be performed.
Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result
in termination of this Agreement and repossession of the Premises and its Improvements by City
or its agents. If City undertakes legal action to enforce compliance or collect damages resulting
from noncompliance, YMCA shall pay all CITY's court costs and expenses, including
reasonable attorneys' fees.
Section 16. Ind mni. YMCA must fully indemnify, save and hold harmless the CITY, its
officers, employees, and agents (collectively herein referred to as "Indemnitees") against
g
any and all liability, damage, loss, claims, expenses, costs, judgments, demands and actions
of any nature whatsoever on account of injury or damage to person (including, without
limitation on the foregoing, premises defects, 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 way connected with, wither
proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by
Ind mnit is officers, employees, agents, representatives, servants, contractors, patrons,
licensees, or invitees entering upon the Premises for swimming program- related activities
HALEG-DIR\Lisa\2008 Parks and reation AgmU i YMCA May 20 2008.doc
undertaken pursuant to this Agreement; or when any said injury or damage is the result,
proximate or remote, in whole or in part, of the violation by Indemnitor, or any
Indemnitor's agents, representatives, servants, employees, contractors, patrons, licensees,
or invitees of any law, ordinance or governmental order of any kind.
YMCA covenants and agrees that if Indemnitees, or any of them, are made a party to any
litigation against YMCA or in any litigation commenced by any party, other than YMCA
relating to this Agreement, YMCA shall upon receipt of reasonable notice regarding
commencement of litigation and its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend Indemnitees, or any of them, in all
actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of
attorney's and all ether costs and expenses of any kind arising from any said liability,
damage, loss, demand, claim, or action.
Section 17. Insurance.
A. YMCA must secure and maintain at YMCA's expense, during the term of this agreement,
a Commercial General Liability insurance policy with the limits and requirements shown on
Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by
reference.
B. YMCA must provide proof, by Certificate of Insurance meeting the limits and
requirements set out Exhibit "B", to the Director and Risk Management prior to commencing use
of the Premises or joint operation of programs under this agreement.
C. YMCA must provide the Director and Risk Management thirty (30) days written notice
of cancellation, intent not to renew, or material change of any insurance coverage required in this
Agreement.
D. YMCA shall, during the term of this Agreement, provide copies of all insurance policies
to the City Manager or the Director upon request.
E. YMCA shall, prior to any addition or alteration to the Premises or to the Improvements,
obtain clearance, in writing, from Risk Management, as per Section 9.A. set out in this
Agreement. (exclusive to T.C. Ayers pool)
F. Failure to maintain such insurance at the limits and requirements shown on Exhibit "B"
constitutes grounds for termination of this Agreement.
Section 18. No debts. CITY or YMCA must not incur any debts or obligations on the credit each
others behalf during the term of this agreement.
Section 19. Termination.
A. Either the City or YMCA may terminate this Agreement without cause by giving thirty
(30) days written notice to the non - terminating party.
B. If there is noncompliance with one or more of the provisions contained herein, either
HALEG-DIR\Lisa\2008 Parks and I r tion\Agmt Cit4 MCA May 20 2008,doc
S
party may give written notice to the other party to cure or begin curing the default(s) within ten
(10) days of receipt of notice. If there is not compliance or substantial compliance with each
provision identified within ten( 10) days of receiving said notice, the complying party may
terminate this Agreement for cause by providing written notice of termination to the non-
complying party and listing one or more areas of continued noncompliance.
Section 20. Notice.
A. All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the following
methods: (1) by personal delivery; by deposit with the United States Postal Service as
certified or registered mail, return receipt requested, postage prepaid; or (3) by fax transmission.
B. Notice deposited with the United States Postal Service in the manner described above
will be deemed effective two (2) business days after deposit with the United States Postal
Service. Notice by fax transmission will be deemed effective upon transmission will be deemed
effective upon transmission, with proof of delivery.
C. Alt such communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P.O. Box 9277
Corpus Christi, TX 78469
Fax Number: 826-3864
IF TO YMCA
YMCA of the Coastal Bend
Attn: Jim Scoville, Executive Dir.
417 S. Upper Broadway
Corpus Christi, TX 78401
Fax Number: 882 -1427
D. Either party may change the address to which notice is sent by using a method set out
above. All parties will notify each other of an address change within thirty (3 0) days after the
address is changed.
Section 21. ,.Reporting. YMCA shall submit annual reports to the Parks Director, listing the
number of participants of its swimming program, during the term of this Agreement. CITY shall
submit annual reports to the YMCA Executive Director, listing the number of participants during
the term of this Agreement. The reports are due by September 1 5th of each Agreement year.
Section 22. Construction and Reconstruction Funs,
A. If the City receives funds to construct or reconstruct Improvements at the Premises,
YMCA covenants to vacate the portion or portions, up to and including the entirety, of the
Premises involved in the construction or reconstruction, should the director deem it necessary,
upon thirty (3 0) days written notice from the Director. The Director, in his sole discretion, shall
make the determination as to the size and dimensions of the portion or portions to be vacated
with a consideration toward the safety of participants.
B. YMCA has no action for damages against nor will be compensated by the City for loss of
use of the Premises and/or Improvements. City has no obligation to provide an alternate location
for YMCA during the Improvements construction or reconstruction period. The consideration for
YMCA relinquishing all rights to use the Premises and Improvements during the construction
and reconstruction period is the City's construction or reconstruction of the Improvements for
HALEG-DIR\Lisa\2008 Parks and Recreation\Agmt COCA. May 20 2008.doc
6
YMCA's benefit. Once constructi
A. I, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement or the application hereof to any person or ci
day of , 2008.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
APPROVED AS TO LEGAL FORM this day of
By: ea-4.-
Lisa Aguilar, Assi twit City Attorney
For City Attorney
.2008.
YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND
By: J,9 czoo
Name:
Title: '-erde,4�
Date:
STATE OF TEXAS
COUNTY OF NUECES
Before me, on this day personally appeared � er40 & who, by either
personal knowledge or by proof of identification, is known to me to be the person whose name is
subscribed to the foregoing instrument and hereto acknowledged to me that he executed the same
for the purpose and consideration and i the capacity therein expressed. Given under my hand
and seal of office this /mod of 2008.
w,.�;.: �+
- E
ANN HOLLAND tate of Texas
rtlllision Expires
November 04, 2009
if
Printed Name
Commission expires: _/ ! � �9
HALEG-DIR\Lisa\2008 Parks and Recreation\Agnit City 584EA May 20 2008.doc
EXHIBIT A
MARTIM LUTHER KING DR.
LEGEND
EXHIBIT B
INSURANCE REQUIREMENTS
1. YMCA LIABILITY INSURANCE
A. YMCA 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
YMCA allow any subcontractor to commence work until all similar insurance required of
any subcontractor has been obtained.
B. YMCA must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
with the City named as an additional insured for all liability policies, and a blanket
waiver of subrogation is required 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 I1 UM INSURANCE COVERAGE
30-day written notice of material change, non-
renewal, cancellation or termination is 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
5. Contractual Liability
6. Broad Form Property Damage
7. Independent Contractors
8. Personal Injury
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY to include coverage
for OWNED, NON -OWNED OR RENTED
vehicles
At a minimum $25,000 per person $50,000per
occurrence for Bodily Injury and $25,000 for
property damage
i
.,_.,.,.
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
$100,000
C. In the event of accidents of any kind, YMCA 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.
I. ADDITIONAL REQUIREMENTa
HALEG-DIR\Lisa\2008 Parks and Reereati n Agmt Ci r i MCA May OO ,do 10
A. YMCA 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 with endorsements approved by the Texas Department of
Insurance.
The workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the YMCA 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 contract project must be listed under "Description of Operations"
• At a minimum, a 30-day written notice to the Risk Manager of material change, non -
renewal, cancellation or termination is required.
C. If the Certificate icate of Insurance on its face 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 - are
included or excluded.
11
—5 6—
Exhibit C
Sec. 23-57. Swimmi
repair.
(c) Disinfection. A minimum of not less than 0.2 ppm and a maximum of 0.5 ppm residual
chlorine shall be maintained at all times. If other chemical means of water purification
are used, comparable levels must be maintained at all times. When cyanuric acid is used
as a stabilizer the range of available chlorine should be 1.0 to 1.5 ppm corresponding to
acid levels of 25 to 45 ppm.
(d) pH. Water pH shall be maintained at a level of 7.2 to 7.6.
(e) Bacterial quality. Not more than twenty (20) per cent of the culture tubes of single
samples tested shall show the presence of coliform organisms or not more than four (4)
coliform organisms shall be present in one hundred (100) milliliters of any single sample
tested.
(0 Health hazard and or public nuisance. During the period of inactivity, if the pool
remains uncovered, standards which will not permit a health hazard and/or public
nuisance to exist must be maintained, water pH from 7.2 to 7.6 and a chlorine residual of
0.2 to 0.5 ppm, available chlorine, and free from turbidity and algae. However, canvas or
other suitable type of covering strong enough to support a person of two hundred (too)
pounds, properly staked, may be employed during periods of inactivity in lieu of the
above standards.
(5) Safety requirements; lifesaving equipment.
(a) Swimming pools operated primarily for unorganized use and having an area of more
than two thousand two hundred and fifty (2,250) square feet of water surface area shall
be provided with an elevated lifeguard platform or chair. In pools with four thousand
(4,000) square feet or more of water surface area, additional elevated chairs or stations
shall be provided, located so as to provide a clear, unobstructed view of the pool bottom
in the area under surveillance.
(b) One (1) unit of lifesaving equipment shall consist of a ring buoy not more than fifteen
(15) inches in diameter to which shall be attached a sixty -foot length of three-sixteenths-
inch rope, and a life pole or shepherd's crook type of pole having blunted ends with
minimum length of twelve (12) feet. Not less than one (1) unit of equipment, as above,
shall be provided at every property swimming pool. One unit shall be presumed to be
adequate for two thousand (2,000) square feet of water surface area, and one (1) -
additional unit shall be provided for each additional two thousand (2,000) square feet or
major fraction thereof of water surface area where there is no lifeguard on duty.
(c) A standard twenty- four -unit first aid kit shall be readily accessible to every swinuning
pool and directions to the location of said kit shall be posted in such a manner as to be
clearly visible from the pool deck and protected against the elements.
(d) Lifesaving equipment shall be mounted in conspicuous places, distributed around
swimming pool deck, at lifeguard chairs, or elsewhere, readily accessible, its function
plainly marked and kept in repair and ready condition. Bathers or others shall not be
permitted to tamper with, use for any purpose other than its intended use, or remove
such equipment from its established location.
(e) Where no lifeguard service is provided, a warning sign shall be placed in plain view and
shall state "Warning_ --No Lifeguard on Duty" with clearly legible letters at least four (4)
inches high. In addition, the sign shall also state "No children allowed wi
numbers of the nearest ambulance station and physician's office shall be posted near the
telephone. Directions to the location of said telephone shall be posted in such a manner
as to be clearly visible form the pool deck and protected against the elements.
(g) In above ground pools, the stile shall be removed when the pool is not in use.
(h) There shall be a diagrammatic illustration of artificial respiration procedures posted at
every swimming pool in such a manner as to be clearly visible from the pool deck and
protected against the elements.
(6) Depth warning signs at privately and publicly owned bathing places. Every person
owning or controlling any bathhouse, bathing pier or swimming pool within the city,
where persons are permitted to bathe, whether a fee or charge is made therefor or not,
shall place upon such bathhouse, pier or pool at distances not more than fifty feet
apart, and in conspicuous places, signs showing the usual depth of the water or the depth
at low tide at that point, and warning the public from jumping or diving into the water if
the depth is too shallow, and shall also place in each dressing room of such
establishment signs warning the public against diving or jumping into the water at any
point except where there is sufficient depth of water designated by proper signs under
the provisions hereof.
(7) Applicability of subsections through to certain bathhouses, piers or swimming
pools. Nothing in subsections through of this section shall be construed so as to
apply to bathhouses, piers or swimming pools used exclusively by the owner thereof and
his family.
(8) Pool enclosure required.
(a) All swimming pools and wading pools shall be completely enclosed by a fence, wall, or
screen enclosure not less than four feet in height. A building may be used as a part of
such enclosure. All doors or gates in such enclosure which are accessible to the general
public shall be equipped with self - closing and self- latching devices which operate to
keep the gate or door securely closed at all times when not in actual use. Fences and
walls of such enclosure shall be so designed as to eliminate any openings, holes, or gaps
in such enclosure which would permit the passage of a sphere six inches in diameter.
Pools completely enclosed within buildings to which access by the general public is
controlled, pools constructed above the ground floor of buildings to which access by the
general public is controlled, or pools maintained within completely fenced or enclosed
apartment complexes equipped with self-closing sing anc self- latching devices on all gates or
doors leading directly to the pool area accessible to the general public, shall be
considered to be in compliance with the requirements of this subsection. City of Corpus
Christi building inspectors may make determinations that natural barriers or obstructions
such as bays, rivers, cliffs, seawalls or bulkheads are sufficient to be used as part of a
pool enclosure under this subsection.
(b) No final inspection shall be approved on any swimming pool or wading pool constructed
after the effective date of this section unless, upon final inspection by the building
division, the inspector is satisfied that the enclosure requirements of this section have
been met.
(c) No swimming pool or wading pool in existence prior to the effective date of this section
shall be maintained in existence without being brought into compliance with subsection
(a) of this section after six months from the effective date of this section.
(d) Maintenance of any swimming pool or wading pool in violation of the provisions of this
section is prohibited, and any such pool is declared to be a public nuisance within the
City of Corpus Christi, Texas. Violation of this section is declared to be a misdemeanor
punishable by a fine not to exceed two hundred dollars ($200.00) for each day of
violation, and each day of violation is declared to be a separate offense.
(Code 1958, § 9 -3; Ord. No. 13540, § 1 (A), 12 -29 -1976; Ord. No. 18544, §§ 1, 2, 11--6 -1984;
Ord. No. 20492, § 1, 10-11-1988; Ord. No. 20636, § 1, 3- 284989; Ord. No. 24532, § 3,
7 -24 -2001, Ord. No. 025 869, § 1, 7-27-2004; Ord. No. 026902, § 1, 7 -25 -2006)
Sec. 23-58. Life and re aired at ' ubli l owned bathhouse or ' ublic swimmin i s ool.
Any person operating a public bathhouse or public swimming pool within the city where bathing
or swi
6
AGENDA MEMORANDUM
ANDU
DATE: Ma 27 2008
SUBJECT: 2008 Bayfest Festival: Street Closures
AGENDA ITE loll :
Motion approving the application from Bayfest, Inc. to temporarily close the foll wing street se tions
for the 2008 Bayfest Festival beginning, Tuesday, September 16, 2008 to Wednesday, October 1,
2006. (Exhibit B):
a. Southbound Shoreline Boulevard, from Kinney Street to 550' feet south of Park Avenue and
the portion 100' feet north of Furman Avenue beginning, Tuesday September 16, 2008 at
6:00 a.m. through Wednesday, October 1, 2008 at 6:00 p.m.
b. Kinney Street, from northbound Shoreline Boulevard to southbound Shoreline Boulevard
beginning, Tuesday September 1 , 2008 at 6:00 a.m. through Wednesday, October 1, 2008
at 6:00 p.m.
c. Born Street, from southbound Shoreline Boulevard to Water Street beginning, Tuesday
September 16, 2008 at 5 :00 a.m. through Wednesday, October 1, 2008 at 6:00 p. m.
d. Broadway Court, from southbound Shoreline Boulevard to Water Street beginning, Tuesday
September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at 6:00 p.m.
e. Park Avenue, from northbound Shoreline Boulevard to Water Street beginning, Tuesday,
September 16, 2008 at 6:00 p.m. through Wednesday, October 1, 2008 at :00 p.m.
ISSUE: The Bayfest Inc. special event necessitates the temporary closure of several public streets,
starting with southbound Shoreline Boulevard, from Kinney Street to 550' feet south of Park
Avenue and the portion 100' feet north of Furman Avenue, Kinney Street, from northbound
Shoreline Boulevard to southbound Shoreline Boulevard, Born Street, from southbound Shoreline
Boulevard to Water Street, Broadway Court, from Southbound Shoreline Boulevard to Water Street
and Park Avenue from northbound Shoreline Boulevard to Water Street. Event Organizer, Pat P.
Eldridge has requested the above mentioned street section closures be approved by the City
Council for this year Bayfest 2008 Festival pending the Certificate of insurance two weeks prior to
the event.
REQUIRED COUI IL ACTION: Street closing permits for large public events require City Council
approval.
RECOMMENDATION: DATIO ]: Approval of the motion as presented pending the Certificate of Insurance
two weeks prior to event.
Additional Support Material:
Exhibit `{A" Background Information
Exhibit "B" Site Map
Exhibit "C" Street Closure Applications
Exhibit "D`i Insurance Policy
Kevin Stowers,
Interim Director of Engineering Services
BACKGROUND INFORMATION
MATIO
Back rued Information,: Since 1975, the City Council has annually approved street closure
applications by Bayfest In., to conduct its festivities upon public streets in the bayfront area. This
year they will have to move from location due to up corning construction in the bayfront. Ms. Pat
Eldridge has requested temporary street closures for the annual 2008 Bayfest event. Bayfest
2008 festivities will occur on September 26, 2008 through September 28, 2008. Bayfest, Inc. has
agreed to comply with the applicable city code requirements for this type event, The Economic
Development Office, Parks and Recreation Department, and the Downtown Management District
are in concurrence with the street closures for the Bayfest 2008 festivities. The current insurance
will expire on July 15, 2008; upon renewing the insurance the event dates will be included on the
Certificate of Insurance.
§_t_r_get Cif*risp The Bayfest Inc. special event necessitates the temporary closure of several
public streets, starting with southbound Sh reline Boulevard, from Kinney Street to 550 feet south
f Park Avenue and the portion 100' feet north of Furman Avenue, Kinney Street, from northbound
Shoreline Boulevard to southbound Shoreline Boulevard, Born Street, from southbound Shoreline
Boulevard to Water Street, Broadway Court, from Southbound Shoreline Boulevard to Water Street
and Park Avenue from northbound Shoreline Boulevard to Water Street. Street closures will
commence on September 16, 2008 and conclude on October 1, 2008. Street closings for the
Bayfest event are necessary to allow the set-up of booths, stages, and other facilities located within
the median area and street sections. The estimated cost of street barricades will be included in
the agreement with Bayfest Inc. for park usage.
Lease A„ re anent and F eimbur err en t City: Lease will be in accordance with City Charter.
EXHIBT "A"
Page 1 of 1
Exhibit "B"
SUBJECT: BAYFEST 2008
SEPT . 1 - OCT. 1
- SITE PLAN -
Traffic Engineering Div,
Engineering Services Dept.
Exhibit "C"
TRAFFIC ENGINEERING DIVISION
DEPARTMENT OF ENGINEERING SERVICES
City of Corpus Christi
APPLICATION FOR PERMIT TD GOOSE STREET FOR PUBLIC EVENTS
.Fs
1. Name of Organization Sponsoring Event:
2. Name of Proposed Event:
3. Date of Planned Event: 5
zoog
24- 27 240
4. Key Contact Iniviai
Drone No.
S. Street(s) Requested for Ctpsure, Dates a d Times of Day: - DESCRIBE
� � r .r
,L _±11ELioliA •
St; ito
6. Purpose Event and Detailed Description of Activities Planned:
v :i A .
7. List foods and bevera # e . _ to be . , seared:
Tck
W9
8. Services
co
Requested
by
e,
the
City.
9. Attach a diagram illustrating in detail the Location of booths, stages,
restroor , first-aid stations, etc., that wilt be inctuded in the event.
10. Enclose a check or money order for $20q to cover administrative costs of
handling application, payable to the City of Corpus Christi (City Ordinance #24463,
9/20/88).
Exhibit "C"
Permit to close Street for Public Events
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 appticant
or sponsoring organization agrees to cornply with the following
applicable conditions: corrb,0 a To . , y/ ek io par k5 Rec.,
A. .Admittaarahae.eaklurnottwelliell•heikee; C.Se-ef Ft Li carAch,6,3:1-
B. MI profits derived from the event shall be for chartable causes;
2
• 5tt-t-- contricirt.) CDni-ract To Se. Develorl
• Provide d maintain an insurance policy with the limits and requirements RA E
shown on the attached Exhibit "0"
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 o
f all traffic si na a and barricading determined by the City to be
necessary for safe control of the event,
e written notice and notice to be given to tenants and _ • Require d building
managers; an
• and posting of sane inside entrances to multi-tenant buildings. This notice
is to be furnishecl 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 wilt be
considered.
H. Provide adequate number of restroom faci €ties to accommodate the
anticipated public;
1. Obtain the appropriate alcohol and food permits required by State and Local
authorities, at least two (2) weeks prior to the event;
J. Alt security other than perimeter traffic control shalt be provided by sponsor;
security
shall consist of off-duty City Police officers, or other type security officially
approved by the City.
K. i construction of booths, . stages, displays, _electrical services and plumbing
shalt comp l y with City Codes. The final layout of booths shall be approved by the
Director of Parks and Recreation;
L. Provide for potable water within the event site;
M. Provide first -aid stations;
N. Provide continuous cleaning of the site during the event and return it to pre-
event condition after event ends;
O. Restore an y 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;
Exhibit "C"
S. Alt City Noise Abatement ordinances shalt be comptied with;
T. Allow for the free passage of emergency vehicles into event area in case of
emergency;
V. Building and Etectricat permits for a temporary promotionat event, associated
construction and Certificate of Occupancy are required.
Evidence that these conditions have been met must be presented to the
City Traffic Engineer prior to the request being submitted to the City Council for
final approval.
Signed:
Event Chairman/Organ
Sponsoring Organization
Date Submitted: 3131 /62/
Exhibit ""
INSURANCE REQUIREMENTS
1. PERM1TTEE'S UABJL1TY_INSURANCE
A. Permittee must not commence work under this agreement until he /she has
obtained ail 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. Permit tee must furnish to the City's Risk Manager two (2) copies of Certificates
of insurance, with the city named as an additionat 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
30-Day Notice of Cancellation required on all certificates
MINIMUM INSURANCE COVERAGE
Commercial ial General Liability in Luciin :
1. CommerclM form
2. Premises - Operations
3. Products completed Operations
4. Contractual insurance
5. Broad Form Property Damage
6. Personal Independent Contractors
* �
7. al Iniu
AUTOMOBILE LIABILITY —OWNED NON—OWNED OR RENTED
TED
Bodily Injury and Property Damage
1,00,E COMBINED SINGLE LIMIT for large events
Or
5500,000 COMBINED SINGLE LIMIT for small events
WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
0,0 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION
ACT AND PARAGRAPH [I 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.
11. ADDITIONAL REQUIREMEFiTS
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. ftfi -- )C)
rick/ ees
Whether workers' compensation coverage is provided through a licensed tnsurance
company or through self - insurance, the coverage provided must be in an amount
Exhibit "D"
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 covera ge, except for the Workers' Compensation erstion oerae and a blanket
waiver of subrogation on all applicable policies.
If your insurance company uses the standard ACORD form, the
must be amended adding the Sri
cancellation lase (bottom right) "endeavor ��
" " "canceled", and deleting the words, endeavor to ,
"changed r between and
and deleting the wording after "Left".
The name of the project ect must be listed under "Description of
Qperattons"
At
•
mi�um, a 30-day
written notice of change or cancellation is
required.
C. If the Certificate of Insurance does not show on its face the existents 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 9.B (i )-(8) are
included or excluded.
111. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "D"
CERTIFICATE OF INSURANCE
DEN
WE Don Worn)
1382690 7/13/07
TYPE OF INSURANCE
NONE
o
$ 1000
$ 1000
PAC0568824/03
SHOULD AM' OF THE ABOVE BRIBED POLICIES BE
CANCELLED BEPORL THE EXPIRATION DATE THEREOF, THE
num COMPANY WILL ENDEAVOR TO MAIL _30 __ DAYS
WRITTEN NOTICE TO IIIE CERTIFICATE HOLDER NAMED T O
THE LER BUT FAILURE TOIOAIL SUCH NOTICE SHALL
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
SAY, ITS A NTS OR RRENTATIW&.
Exhibit p
INDEMNITY AGREEMENT
THE §
CCUNTY OF NUECES §
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Section ill of said standards, entitled Vrqcedyre and.pennit R � m=
requires a contractor for a permit to close 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 Chrsti, its agents and employees
from any and all claims, lawsuits, demands, liabilities, lasses or expenses, including
court costs and reasonable attor'ney'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 Uabfflty
endorsement and with minimum limns 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 ChrISU pursuant to Ordinance *19277. The City of Corpus Christi will be
named as A4jIItonLIflJpre on the policy. Evidence of required insurance coverage
with be a Certlficate of Insurance furnished to the Traffic Engineering Division prior to
the proposed blockage under this permit,
Witness my (aur) hand(s) this
date of / � 200
Permit Applicant
re. 5
Company Name
7
AGENDA MEMORANDUM
May 27, 2008
SUBJECT: Cimarron Boulevard Phase 1 — Saratoga to Yorktown (Project No. 6261) —
Change Order
AGENDA ITEM:
Motion to authorize City Manager, or his designee, to execute Change Order No. 4 in the
amount of $86,109.86 with Bay, Ltd., for a restated contract total price of $10,657,154A9
to provide for installation of two water mains, one -ft diameter manhole and 8 -in sanitary
sewer main for the Cimarron Boulevard, Phase 1 Project (Saratoga to Yorktown).
ISSUES:
The project as designed required the roadway section to be under construction prior to
installation of the water and wastewater line. Relocation of the water and sanitary sewer
mains to an adjoining utility easement will reduce the time the actual pavement section is
under construction. Approval of the change order will allow the contractor to proceed with
installation of the water and wastewater limes in advance of roadway construction.
FUNDING: Funding is available from the Water and Wastewater CIP Funds.
R COMMEND Iola: Approval of the motion as presented.
Gust f vo Gonzalez, P
Direc or of Water Se ces
545 ae
Kevin R. Stowers
Interim Director of Engineering Services
Foster Crowell
Director of Wastewater Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit A -1
Exhibit B.
Exhibit C.
Background Information
Previous Actions
Change Order Summary
Location Map
Page 1 of 1
HAHOMEVEVINS\GEN\STREETS\6261CimarronPhl\CO4Awlmgdoc
r
BACKGROUND INFORMATION
SUBJECT: Cimarron Boulevard Street Improvements
Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261)
CHANGE ORDER: The change order provides for the relocation of water and sanitary
sewer lines from as designed location within the right-of-way to an adjoining utility
easement. This permits the installation of the water and sanitary mains to proceed in
advance of beginning work in that section of roadway. This is advantageous in that it will
allow the roadway work to progress at a more rapid pace, and reduce the time the actual
roadway section will be subject to construction traffic control. Locating the utilities in the
adjoining utility easement will avoid future utility street cuts and damage to the street.
The change order provides for the installation of two 8 -in. waterlines with valves, fittings
and appurtenances and the installation of one 5-ft. diameter nanhol , and 8 -in. sanitary
sewer lines. The change order provides the sanitary sewer required bypass pumping to
maintain continuous service well point dewatering, trench protection and additional traffic
control.
PROJECT DESCRIPTION: : Th actual work consists of the complete removal f an
existing roadway and construction of approximately 7,580 linear feet of new -lane primary
urban collector street (64-feet back-to-back of curbs) with concrete sidewalks and
associated pavement marking and signage improvements; 8,216 linear feet of new 18" to
54" reinforced on r to storm sewer pipes and inlets; 1,381 linear feet of new 6'X4' to
101X6' concrete box culvert; 12,2'11 linear feet of new " to 16" PVC water lines and
appurtenances; 133 linear feet of new 8" to 15" PVC sanitary sewer gravity lines; 8,925
linear feet of new 16" PVC sanitary sewer effluent line and appurtenances; 12,943 linear
feet of new 18" and 24" PVC sanitary sewer force main and appurtenances; traffic
signalization improvements at the Brockhampton Street Cimarron Boulevard intersection;
and temporary traffic control; together with all appurtenances, in accordance with the plans,
specifications and contract documents.
CONTRACT TERMS: The contract provides for the work to be complete within 730
calendar days of notice to proceed.
1-1:kHOMEIKEVE N MG EN‘STREETS\6 61 imarronP hlle 04Awd B kg ExhA. doe
_7 —
EXHIBIT" "
PRIOR PROJECT ACTIONS
SUBJECT: Cimarron Boulevard Street Improvements
Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261)
PRIOR COUNCIL ACTION:
1, lipaivpmtipr Resolution expressing official intent to reimburse costs of the
2004 Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 200 4, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on
residents homesteads of persons 65 years of age or older or disabled persons and
eligible spouses; and adoption of seven amendments to the Charter of the City of
Corpus Christi (Ordinance No. 026022).
3. May 10, 2005 - Ordinance appropriating $402233.8O from the unappropriated
interest earnings from Street 2000 CIP Fund 3411B; and appropriating in Street 2000
CIP Fund 3411B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and
appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Street
Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance
No. 026188 by increasing appropriations by $604,402.93; and declaring an
emergency. (Ordinance No. 026247)
4. May 10, 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Maverick Engineering of Corpus Christi,
Texas in the amount of $1,359,999 for the Cimarron Boulevard Street Improvements
Project: (Motion No. M2005-134)
• Phase 1 — from Saratoga Boulevard to Yorktown Boulevard
• Phase 2 — from Yorktown Boulevard to Bison Road
5. November 15 2005 - Resolution recognizing the public necessity of acquiring Right of
Way, Utility and Drainage Easements for the Cimarron Boulevard Street Improvement
Projects, Phases 1 and 2, Bond Issue 2004 Projects, for street and drainage
improvements in connection with the projects; and authorizing acquisition by means
of negotiations or eminent domain proceedings by the City of Corpus Christi in
acquiring said easements. (Resolution No. 026541)
6. December_ 13 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $73,912 for a total restated fee
of $1 ,433,911 for the Cimarron Boulevard Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 2. (Motion No. 2005 -411)
I' -1:11- 10MEWE I SI E 1 TF EET 16 61 it arronPhi1 04P wdPriorActionsExhA -1,do 7
PRIOR COUNCIL ACTION continued :
7. January 24, 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 2 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $412,603 for a total restated
fee of $1,846,514 for the Cimarron Boulevard Street improvements Project:
• Phase 1 from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1. (Motion No. M2006-017)
8. August 22, 2006 - Motion authorizing the City Manager, or his designee, to execute a
Right of Way Easement instrument with Clara Braslau, et al., for the acquisition of
Parcel 4 in the amount of $3 1,700, containing a Right of Way Easement, and $79,700
to the Cimarron Golf Range, Inc. for the removal and relocation of improvements
located within the right of way, both necessary for the •Cii arron Boulevard Street
Improvements, Phase 1, Project No. 6261, and for other municipal purposes. (Motion
No. M2006-258)
9. September 1 , 2006 — Ordinance approving the FY 2007 Capital Budget in the
amount of $146994500 (Ordinance No. 026997).
10. October 17, 2006 Motion authorizing the City Manager, or his designee, to execute
a Right of Way Easement instrument with the landowners Charles Scott Mandell and
wife, Thelma Mandel in the amount of $40,525 for acquisition of parcel 3, necessary
for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to Yorktown,
and for other municipal purposes. (Motion No. 027024)
11. September 26, 2006 — Motion authorizing the City Manager, or his designee, to
execute Amendment No. 5 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $1,143,024 for a total restated
fee of $3,028,719 for the Cimarron Boulevard Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 from Yorktown to Bison
for additional design work on Phase 1 (Master Channel 27). (Motion No. M2006-324)
12. February 27, 2007 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 for project management services in the amount of $84,082.79 with
Anderson Group Construction Management, Inc. for the Cimarron Boulevard Street
Improvements Project: (Motion No. M2007-062)
• Phase 1 — from Saratoga Boulevard to Yorktown Boulevard
13. July 17, 2007 —
A. Motion authorizing the City Manager, or his designee, to award a construction
contract to Berry Contracting L. P. dba Bay, Ltd. from Corpus Christi, Texas in the
amount of $10,540,640.75 for Cimarron Boulevard Street Improvements Phase 1
from Saratoga Boulevard to Yorktown Boulevard. [BOND ISSUE 2004]
B. Motion authorizing the City Manager, or his designee, to execute a Construction
Materials Engineering Laboratory's Inspection and Materials Testing Services with
Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the
amount of $64,744 for Cimarron Boulevard Street Improvements Phase 1 from
Saratoga Boulevard to Yorktown Boulevard. (BOND ISSUE 2004]
EXHIBIT "A-I"
!!! 2 of
H:1H OMEII EVIN SIG ENI STREET S16261 C ima rranP hikC 04Awd PriorActionsExhA -1
PRIOR ADMINISTRATIVE ACTION:
1 July 7, 2004 — Administrative approval of a Small NE Agreement with Pyle and
Associates in the amount of $24,290 for the Cimarron Boulevard Street
Improvements Phase 1 from Saratoga to Yorktown.
2. u t, Z,2 — Administrative approval of an Agreement for Construction Materials
Engineering Laboratory's Inspection and Materials Testing Services with Rock
Engineering & Testing Laboratory, Inc. in the amount of $16391 for the Cimarron
Boulevard Street Improvements Phase 1 from Saratoga to Yorktown.
3. August 26, 2004 - Distribution of Request For Qualifications F No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
4. Ilar h - Ad dendum No. 1 to the Request for Qualifications (RFQ) 2004-
03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
5. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local).
6. August 18, 2006 — Administrative approval of Amendment No. 3 to the Contract For
Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $20020 for a total restated fee of $1 ,866,534 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 2.
7, September 21, 2006 - Administrative approval of Amendment No. 4 to the Contract
For Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $19,161 for a total restated fee of 1 ,885,695 for the Cimarron Boulevard
Street improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1.
8. March 1, 2007 - Administrative approval of Amendment Igo. 6 to the Contract For
Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $24,922 for a total restated fee of $3,053,641 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1.
9. Mib_3P12QQ - Administrative approval of Amendment No. 7 to the Contract For
Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $24,950 for a total restated fee of $3,078,591 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 from Saratoga to orktown
• Phase 2 — from Yorktown to Bison
• for additional design work on Phase 1.
10. November 2007 - Administrative approval of Change Order No. 1 in the amount of
$4,1 38.35 with Bay, Ltd. for additional water line fittings for the Cimarron Boulevard
Street Improvements Phase 1 from Saratoga to Yorktown.
EXHIBIT "A -1"
Pace 3 of 4
0ME1KEVIN 1 EN \STf EET 16 61 CimarronPhl kC O4AwdPri orActionsExhA -1.doc
_7_
PRIOR ADMINISTRATIVE E ACTION continued
11. Noyember 15,_2007 - Administrativ approval of Change Order No. 2 in the amount of
$20,861.53 with Bay, Ltd. for addition of water lines, sanitary sewer lines, manholes,
s
fittings, and appurtenances for the Cimarron rn ul and Street Improvements Phase 1
from Saratoga to Yorktown.
n.
12. 4 r r 2 , 2008 - Administrative approval of Change Order No. 3 in the amount of
$5,403.00 with Bay, Ltd. for installation of rock berms for erosion control in lieu of h ay
bales for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to
Yorktown.
rn.
H:IFIO ME1 EVINS \ GE NASTREETS16261 C imarronPh11 O4AwdPriorAclionsExhA -1.doc
—80—
EXHIBIT "A„1"
Page 4 of
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
May 27, 2008
PROJECT: CIMA RON BOULEVARD, PHASE 1 — Saratoga to Yorktown
n
Project No. 6261
APPROVED: ED: COUNCIL MOTION 2007 -184
APPROVED 07/17/07
CONTRACTOR: Bay, Ltd.
P.O. Box 9908
Corpus Christi, TX 78469
TOTAL CONTRACT AMOUNT $1054064075
25% Limit Amount 2,636,160.18
Change Order No. 1 (11/05/07) 4,138.35
Change Order No. 2 (11/15/07) 20,86t53
Change Order No. 3 (01/29/08) 5,404.00
Change Order No. 4 (05/27/08) 86 109.86
Total $116,813.74 = 1.11% < 25%
Exhibit B
Page 1 of 3
—81—
.RANGE ORDER N. 4
)perating Department:
lame of Project:
:ontra tor:
Department of Engineering Services
City of Corpus Christi, Texas
WATER - 550910-4475-00000- 170540
FUNDING SOURCE: W.W. - 550910-450D-00000-170540 CONTRACT TIM ■ 730 C.D.
May 9, 2008 —
Cimarron Boulevard, Phase
- Sarato i } to Yorktown - P.R. 6261
DATE:
Ba
LTD
CAN
Add the following item to the contract:
I Add water and sewer for proposed subdivision,
to include two 8" waterlines with valves and
appurtenances and one ' dia. manhole and 8"
sanitary sewer lines
(See Attached Breakdown)
ADD
586,1 09.86
TOTAL NET: 586,109.86
by was this change necessary? (If left off the plans and specifications, explain why?
ro add utility services for future proposed develo . rncnt.
How can similar changes be avoided in the future?
)urin desi n ' hase - Consultant En a ineer . rovide better foresi : t for Mum develo men .
�l.
3.
1
E.
3.
CONTRACT PRICE
TOTAL CHANGE ORDER (inc. current)
NEW CONTRACT PRICE
THIS CHANGE ORDER
PERCENT TOTAL CHANGE (WA)
PREVIOUS TIME AUTHORIZED
ADDN'L CONTRACT TIME THIS CHANGE ORDER
TOTAL ADDITIONAL TIME
CITY OF CORPUS CHRI rTI, TEXAS
By:
Director of Engineering Services
APPROVED:
Lee
fcc,,
10,540,640.75
116,513.74
s 10,657,154.49
86,109.86
1.11%
o C.D.
C.D.
0 C.D.
Operating Department
Dir. of Management & Budget
Legal Department
_82_
CONTRA
By:
Title:
Project. Manager
g
)I)4 S
OR: BAY, LTD.
3_
PROJECT: Cimarron Phase 1
CONTRACTOR: Bay Ltd.
DATE; March 20, 2008
REVISED
5/8/2008
MEM Unit Total
Units Price Price
Add water and surer for Proposed
subdivision to include two 8" waterlines with
valves and -appurtenances and one 5' dia
Manhole and 8" sanitaryfiewer lines
Water
DEDUCT:
023 10" x 8" MJ WEE - INSTALLED
D
i 0 _- 8" 48 BEND -_INSTALLED
ADD:
C22 16* X 6" IVLI TEE
NEW " kW TEE
C6 8" MJ Gate Valve wlBoc and Cover
C2 - -, " PVC Pipe
- -- - -
NEW MJ CAP - —
MM. 1 .00 EA $
mi. --
SUBTOTAL TAL
=AU
EA
1111111111•11=1111111=11111 _
00.00. $ 1 100.00
Mem 969.20
- -- 900.00_- -$ 1,800.00
$ - 36.00 1,260.00
$ 439.45 $ 878.90
SUBTOTAL $ . 6,008:10
ADD:
NEW
- Wastewater
DIA MANHOLE
BYPASS PUMP 11%11.1111111MIIMMIMIIIIIIMIIME
VVE
T CH PROTECTION
5' Dia MH
a
1.00
1.00
1.00
$ 25,435,01
$ 16,821.55 'F 16,821.55
$ . 4,857.05 $ 407,95
$ 24,229.16 $ 24,229.16
$ 70,843.87
NEW
NEW
8" S 101-12#)
-
8" CAP
TRAFFIC CONTROL ALLOWANCE
55.00
$ 088 56 5,670.80
* ` 28 . r' _287.29
SUBTOTAL $ 6,258.09
x
'S 3,000.00 3,000.00
TOTAL
$ 86,109.86
Exhibit B
Page 3 of
-83-
File : \Mproject\5ouncilexhibits\exh6261b.dwg
1
FM 2444
SARATOGA . BOULEVARD
PI JE T L A TI N
LOCATION MAP
•7 0 SCALE
•
•
YONCTOWN BOILWARO
i
CIMARRON BOULEVARD PHASE 1
FROM SARATOGA TO YORKTOWN
( B O N D ISSUE 2 0 0 4 ) - 84 -,,,,,
CITY COUNCIL EXHIBIT
'IT7 or j' CORPUS CHRIST, , TEXAS
DEPARTMENT T OF ENGINEERING SERV/ E
PAGE: I of
ors
Herr. r x — *f71:1 imiowatroo
8
AGENDA MEMORANDUM
DATE: May 27, 2008
SUBJECT:
Cefe Valenzuela Disposal Cell 4A and 4B Project No. 5225
AGENDA ITEM:
- - - - - -- --
A. Motion authorizing the City Manager, or his designee, to execute a contract with Longhorn
Excavators, Inc. of Richmond, Texas in the amount of $2,369,450.00 for construction of Cefe F.
Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation.
(Project# 5225)
Br M tion authorizing the City Manager, or his designee, to execute a contract fo'r engineering
materials testing services with KIeinfelder, Inc} of .Corpus Christi, Texas, in the amount of
$262,466.00 for construction of Cefe F. Valenzuela Landfill Sect 4A Liner & Leachate Collection
System and Section 4B Excavation project.
ISSUE:
It is necessary to proceed with the construction of the next disposal cell so it will be
available to receive waste.
FUNDING: Funds are available from the Sanitary Landfill 2006 CIP Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
5fq9c:7 i
Kevin . Stowers Lawrence Mikolajczyk
Interim Director - Engineering Services Interim Director of Solid Waste Services
Additional support Material:
Exhibit "A" Background Information
Exhibit "A-1" Prior Actions
Exhibit "B" Bid Tabulation
Exhibit "C» Location Map
H:\H ME' V1N \ EN\LA 1DFILL1ValenzuelaCells4A4BIAwdConstrMemo .doc
ADDITIONAL INFORMATION
SUBJECT: Cefe Valen uela Disposal Cell 4A and 4B — Project No. 5225
PROJECT DESCRIPTION:
The project provides for the finish excavation of Disposal Cell 4A, subgrade preparation,
installation of a compacted clay liner, 60,000-sy of geosynthetic liner, leachate and
conveyance system, reahate and groundwater collection sumps, installations of a
protective liner cover, and pre- excavation of Disposal Cell 4B.
BACKGROUND:
The current disposal cell (Cell 3) is estimated to reach the end of its volume capacity during
October/November of 2008 depending on the rate of disposal, compaction and amount of
daily cover. Cell 3 began receiving waste November 10, 2007. It is necessary to proceed
with construction of Disposal Cell 4A so it will be available when needed.
BID INFORMATION: The project was bid as a base bid. The contract provides for the
project to be completed in 148 calendar days after the notice to proceed. Liquidated
damages are set at $1 ,500.00 per day with an incentive for early completion of $2,000.00
per day with the maximum incentive being 30 calendar days.
A total of three (3) proposals were received and opened on May 14, 2008, with proposals
ranging from $2369,450.00 to $3,211,891.00 (see Exhibit B - Bid Tabulation). Longhorn
Excavators, Inc. submitted the low bid.
The engineer's estimate was $1,922.958.00.
*Unit quantity bid extension errors corrected. Does not affect priority of bids.
BID RECOMMENDATION: Longhorn Excavators is an established company whose
principals and employees are experienced with landfill projects of this nature, having
successfully completed similar projects for the City of Corpus Christi and others. After
reviewing the company's capabilities, the City's consultant Chiang, Patel & Yerby, Inc., and
City staff recommend that the contract be awarded to Longhorn Escavators to in the total
amount of $2,369,450.00.
CONTRACT TERMS: The contract specifies that the project will be completed in 148
calendar days. Completion is anticipated during October of 2008.
H:1H I EI EVIl 1 B 1LANDFILL \VaI n ueIa ells4A B\Awd on trBkgExhA.doc
—88—
Exhibit "A"
Page 1 of 2
Longhorn
Excavators
Salinas
Construction Ltd
Austin
• En! in erin •
Base Bid
$2,369 450.00
$3,156 041.50*
$3,24489t00
*Unit quantity bid extension errors corrected. Does not affect priority of bids.
BID RECOMMENDATION: Longhorn Excavators is an established company whose
principals and employees are experienced with landfill projects of this nature, having
successfully completed similar projects for the City of Corpus Christi and others. After
reviewing the company's capabilities, the City's consultant Chiang, Patel & Yerby, Inc., and
City staff recommend that the contract be awarded to Longhorn Escavators to in the total
amount of $2,369,450.00.
CONTRACT TERMS: The contract specifies that the project will be completed in 148
calendar days. Completion is anticipated during October of 2008.
H:1H I EI EVIl 1 B 1LANDFILL \VaI n ueIa ells4A B\Awd on trBkgExhA.doc
—88—
Exhibit "A"
Page 1 of 2
FUTURE COUNCIL ACTION:
• Award of any necessary change orders;
• Award of construction contract contracts for Disposal Cell 4B and Storm Water
Detention Pond 1;
• Award of materials testing contract for Disposal Cell 4B and Storm Water Detention
Pond 1; and
• Design and construction of future disposal cells.
FUNDING: Funding is available from the Sanitary Landfill CIP Fund,
H :1.1- 0ME\KEVIN 1 ENILA 1DFILL \ValenzueIa ells A B\AMCon §r CgExhA.d
LExhibit
Page 2 of 2
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
December r 18 — Ordinance adopting the FY2 g -2008 Capital Improvement
Budget and Capital Improvement Plan.
January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute
Amendment No, 1 to an engineering services contract with Chiang, Patel & Yerby, Inc.
of Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of
si 9 ,000.00 for design, bid and construction phase services for construction of disposal
Cells 4A and 4B at Cefe Valenzuela Landfill (M2008 -005).
March 2, 2008 - Motion to authorize the City Manager, or his designee, to execute a
work order with BFI Waste Services of North America, Inc. (Allied Wastes) in an amount
not to exceed $450,000,00 for advanced excavation of Cefe Valenzuela Landfill Sector
4A (next disposal cell) as an additional services under the Landfill Services Agreement
(M2005-075).
PRIOR ADMINISTRATIVE ATIVE ACTIONS:
nua y 3 2 - Administrative award of an engineering services contract to Chiang,
Patel & Yerby, Inc. of Callas Texas in the amount of $50,000.00 for pre - design and 60%
design service phases for disposal Cells 4A and 4B at Cefe Valenzuela Landfill.
February 10, 2008 -- Administrative award of Amendment No. 2 for engineering services
to Chiang, Patel & ¥ r y, Inc. of Dallas Texas in the amount of $20,500.00 for a
restated not to exceed fee of $217500.00 for storm water detention for additional
surveying for disposal Cells 4A and 4B at Cefe alenuela Landfill.
March 24, 2008 - Administrative award of Amendment No. 3 for engineering services to
Chiang, Patel & Derby, Inc. of Dallas Texas in the amount of $49,730OO for a restated
not to exceed fee of $267,230.00 to expedite design for disposal Cell 4A and prepare
separate construction bid documents for disposal Cell 4B at Cefe Valenzuela Landfill.
pxhibit " }1"
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DISPOSAL CELL 4A ANDA9
c1TY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST!, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of
DATE: 05/14/2008
9
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: May 27, 2008)
Case No. 0408-09 Cor us Christi Construction Inc. - A change of zoning from a "RE" Residential
Estate District to a "R-2" Multiple Dwelling District resulting in a change of land use designation from
estate residential to medium density residential on property described as a 1 6.63 acre tract of land out of
a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 54, Lot 9 and Lot 10, located in
Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet
Drive.
?1inErnmi!on(priI I
Approval of the "R-2" Multiple Dwelling District
Staffs Recommndation rrll 2008
lienlaf of the "R-2" Multiple Dwelling District.
• Request: The applicant is requesting a change of zoning of a 16.63 acre tract of land from "RE"
Residential Estate District to "R -2" Multiple Dwelling District for future development of garden
apartments, garden homes or townhouses. The applicant has not submitted any development plans
for staff review. The property is vacant land and includes a pond and adjacent wetlands.
• History: In November of 2006 the subject property was rezoned from "R-1B" One-Family Dwelling
District, "_1" Apartment House District, "B_" Bayfront Business District and "I -" Heavy
Industrial District to "RE" Residential Estate District for the purpose of developing 14 single family
lots with a minimum lot size of one acre. However, the plat which was submitted in September 2006
was withdrawn in May 2007. In March of 2008 the subject property was requested to be rezoned
from "RE" Residential Estate District to "A-1" Apartment House District. However, the application
was withdrawn by the applicant due to unresolved concerns i.e. density of development, traffic, street
width and capacity of Laguna Shores Road, drainage, etc. expressed by residents of the adjoining
residential neighborhood and the Planning Commission. The applicant of the rezoning in 2006 and
currently in 2008 is still the owner of record of the property.
• Zoning: The purpose of the "R-2" Multiple Dwelling District is to provide for medium density,
multiple- family residences and is for construction of garden -type apartments and town homes. In
Article 24 of the Zoning Ordinance, the "R-2" District requires a minimum lot size of 6,000 square
feet with a maximum density of 14.52 dwelling- =units per acre. The - property could be developed with
a maximum of 240 apartment units. The minimum front yard setback required is twenty (20) feet and
for structures having more than two family residences 10 foot side and rear yards plus five (5) feet for
each additional story are required. The maximum height of dwellings permitted is feet and three
stories. The open space requirement is 40 per cent. The existing zoning of "RE" Residential Estates
requires a minimum lot size of one acre, a maximum height of three stories and 35 feet, a front yard
setback of 50 feet, minimum side and rear yards of 25 feet, and minimum lot width of 150 feet.
• Existing Land Uses: The subject tract is currently vacant land. An existing single- family residential
neighborhood which fronts on Lola Johnson Road is adjacent to the north. To the east and across
Laguna Shores Road is a single- family residence, vacant land and the Laguna Madre. To the west
and south are vacant land and a pond with adjacent wetlands. The Flour Bluff Independent School
District owns most of this property and uses it as an outdoor science and environmental study area
Agenda Memorandum
Case No. 0408 -09 (Corpus Christi Construction, Inc.)
Page
The owner of the subject property owns a small portion of the pond and adjacent wetlands. In
addition, a large 130 lot single-family subdivision is being developed west and north of Lola Johnson
Road. This new subdivision will extend Lola Johnson Road to the west and will provide a
connection to Waldron Road. This will provide a secondary access to the residences fronting on Lola
Johnson Road.
• Utilities: Connection to utilities will be determined during the platting process. The proposed
development will connect to the City's water system through a water line depending on Water
Department and Pine Department flow requirements, The nearest water lines are located on Hustlie
Hornet Drive (Purdue Road) approximately 400 feet south of the subject property. A. new wastewater
lift station is planned to be constructed just north of Lola Johnson Drive and will serve this property.
The lift station is in conjunction with the proposed Bahia Vista Subdivision, The lift station is
scheduled for completion in late 2009# (See Attachment 3)
• Floud Hazard Information: All construction including fill areas are subject to Federal Emergency
Management Agency MA. rules administered through the City's flood plain management
regulations in its Building Code. The subject tract is wholly within the 100 year froodplain (A-18
with a base flood elevation of 10 feet above sea level), and the outer edges of the tract along Laguna
Shores Road, the pohd and adjacent wetlands are within a Velocity Zone V -22 with a base flood
elevation BF of 12 feet above sea level. Development within a Velocity Zone has significant
limitations including fill material cannot elevate any portion of the property, any structures must be
elevated on pilings or piers so that the bottom of the lowest horizontal structural member must be
above the BFE, any walls within the BF must be engineered to breakaway or adequate flow through
venting is provided, and no air conditioning or appliances can be within the BF E.
• Drainage: During the platting of the property a Storm Water Quality Management Plan will be
required to be submitted to show how the property is to be drained. This Plan will not permit storm
water to exceed the runoff flows before development and will be required to drain all storm water
runoff to the adjacent pond which is the natural outfall of the subject tract. .
• Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, 7th
Edition, development of this property with garden apartment uses could generate approximately 10
average daily trips per apartment unit. Based on the maximum permitted density of 1432 2 units per
acre, this site could be developed with 240 total apartment units which could generate 2,400 vehicle
trips per day. The most recent traffic counts by the Traffic Engineering Department along this area of
p y
Laguna Shores Road were conducted in 2001 and show 4,210 average daily trips. The proposed
development would increase the 2001 volumes by 57 per cent. With the development of this project
Laguna Shores Road would have a service level of C. The Urban Transportation Plan has a goal for
a Level of Service (LOS) "C" and indicates 6,000 trips per day as acceptable. LOS C means that there
is stable flow of traffis with periodic delays. Delays per vehicle are no more than twenty seconds, but
less than thirty -five seconds.
• The only public access from this property is to Laguna Shores Road. Laguna Shores Road is a
designated P -1 Parkway Collector Street in the Urban Transportation Plan. Laguna Shores Road,
between Flustlite Hornet Drive (Purdue Road) and Graham Road is in the City's 2004 Bond Program
for construction of two 12 foot lanes and two eight foot wide shoulders without curb and gutter. The
roadway wilt be elevated an average of two feet in the lowest sections. No utility work, sidewalks,
curb and gutter or street lighting will be included. Project completion is scheduled for early 2010.
(See Attachment 4)
• Potential Nuisances: The proposed garden apartments, garden homes or townhouses will be
adjacent to the existing single- family residential units located to the north which front on Lola
Johnson Drive. There are potential nuisances of noise and lighting where garden apartments, garden
-9 6-
Agenda Memorandum
Case No. 0408- (Corpus Christi Construction, Inc.)
Page
homes or townhouses are constructed adjacent to the residential lots. These possible nuisances
include: 1) noise generated from garbage dumpsters and activity areas such as swimming pools and
community activity areas and air conditioning condensers, adverse impacts from increased
lighting spilling over into the back yards of the adjacent residences, and loss of privacy in the rear
yards s of adjacent single- family residential uses from multi -story multi- family residential uses which
could be up to three stories in height and have balconies, open stairways and windows allowing
apartment residents to view into the backyards of the existing single - family residences.
• Comprehensive Plan Consistency: The subject property is located in the Flour Bluff Area
Development Plan, The Comprehensive Plan indicates the future land use as Estate Residential use
(large estate single - family residential). The Comprehensive Plan identifies policy statements for land
use decisions, City Charter requires rezoning to be consistent with the Comprehensive Plan (see
attached City Charter Section V- Planning. ), Approval of the rezoning will amend the Comprehensive
Plan. Several policy statements are available hi the Flour Bluff Area Development Plan as well as in
the Corpus ,
Christi Policy Satre, An Element of the Comprehensive Plan, adopted in July 1987
to ensure consistency of zone change requests with the Comprehensive Plan.
Flour_ Bluff Area D vel Prnent Plan ADP Folic Statements:
• B.1 - POLICY STATEMENT
The City Council, hereby, adopts the Future Land Use Plan as the guide for future land
use decisions. The intent of the proposed land use plan is to support existing and planned
residential neighborhoods and related groom i
Agenda Memorandum
Case No. 0408-09 (Corpus Christi Constniction, Inc.)
Page 4
**Ae artme t rn en ; ** Prior to submission of this application for a change of zoning, the
applicant during the early assistance meeting on January 31, 2008 was informed of a future land use
mapping issue. When the property was zoned from "R-1B" One - Family Dwelling District, "A-1"
Apartment House District, "B-2" Ba front Business District and "I-3" Heavy Industrial District to "RE"
Residential Estate in November 2006, the ordinance required the Comprehensive Plan future land use
map to reflect the "E" land use. It was discovered by staff during the early assistance meeting on
January 31, 2008 that such future land use was not reflected on the future land use map; Therefore, the
prior future land use of medium density residential was reflected on the map (See 2006 Future Land Use
Map — Attachment 6). Staff cannot determine if the mapping issue was due to human or computer system
error. Once such error was realized the future land use map was corrected (See 2008 Future Land Use
Map — Attachment 5). Notice of the corrected version was relayed to the applicant prior to this most
recent rezoning application submittal.
Staff recommends denial of the "R-2" Multiple Dwelling District.
Planning Commission recommends approval of the "R4" Multiple Dwelling District.
Notification: Of the sixty -six (66) notices mailed, 58 were sent to the surrounding property owners within
the 200' notification area with three returned in favor and sixteen (16) returned in opposition resulting in
7.96%; the remaining eight notices were sent outside the 200' notification with zero returned in favor or
opposition. In addition, eight unsolicited responses were received with seven 7 in favor and one (1)
opposed. The respective area of property owners within the 200' notification area in opposition currently
constitutes 7 96 per cent of the notification area. Therefore, the 20% rule is not invoked. This case is
considered controversial because of opposition from the adjacent neighborhood along Lola Johnson
Road. State law 20% rule is invoked when property .owners who own 20% of the land within the 200
foot radius of the subject property are opposed. lvoing the 20% rule requires a three- quarters
favorable vote of the City Council for a change of zoning to be approved, rather than a simple
majority. Unless such proposed change is approved by the Planning Commission such change shall
not become effective except by a favorable vote of a majority plus one of the City Council present and
voting.
Bob Nix, AICP
Assistant City Manager of Development Services
FGIVIThip
Attachments:
1) Zoning Report
2) Planning Commission Minutes tes (April 16, 2008)
3) Ordinance
PIM/Project Manager oh/
SreP /CP
Planning Director
FI:\PLN DI SHAREMBeverl \ O8 C \ pr'O \O O - 9A G l4 i .doe
CITY COUNCIL
ZONING REPORT
Case No.: 0408-09
City Council Hearing Date: May 27, 2008
off'
13
rio
okyig
itq
Applicant: Corpus Christi Construction, Inc.
Owner: Justin Poses & J.P. Global Investments, Inc.
Agent: Spence Collins
Legal Description/Location: 16.63 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 54, Lot 9 and Lot 10, located in Flour Bluff on the west side of Laguna
Shores Road approximately 400 feet north of Hustlin' Hornet Drive.
From: "R-E" Residential Estate District
To: "R-2" Multiple Dwelling District
i P
Area: 16.63 acres
C
NI Purpose of Request: To rezone the property for future development permitting up to 240
garden apartments, garden hones or townhouses
cie
tin
1
0,;i 3
Future Land Use Plan: The future land use plan recommends Estate Residential with lot area
not less that one acre. The request for medium density residential uses is not consistent with the
future land use plan.
Map No.: 035030 035029
Zoning Violations: None
Zoning
"RE" Residential Estate
District
Existing Land Use
Vacant land
Future Land Use
Estate Residential
Site
North
" l -1 " One-family Dwelling
District
Low density residential
Low density residential
South
"- ' Heavy Industrial, " -2"
Bayfront Business, and "A-
1" A s artm nt House Districts
Vacant land and a pond
Commercial and Medium
density residential
East
"B-2" Bayfront Business
District
Vacant land and low
density residential
Commercial
West
"R-1B" One family Dwelling
District and "A-1" Apartment
House District
Vacant land, a pond and
low density residential
�.
Medium- density
residential and Low
density residential
1
0,;i 3
Future Land Use Plan: The future land use plan recommends Estate Residential with lot area
not less that one acre. The request for medium density residential uses is not consistent with the
future land use plan.
Map No.: 035030 035029
Zoning Violations: None
Zoning Report
Case No 0408-09 (Corpus Christi Construction, Inc.)
Page
Staff's Summary:
• Request: The applicant is requesting a change of zoning of a 16.63 acre tract of land from "RE"
Residential Estate District to "R-2" Multiple Dwelling District for future development of garden
apartments, garden homes or townhouses. The applicant has not submitted any development plans
for staff review. The property is vacant land and includes a pond and adjacent wetlands.
• History: In November of 2006 the subject property was rezoned from "R-1B" One - Family Dwelling
District, "A-1" Apartment House District, "B-2" Bayfront Business District and "1-3" Heavy
Industrial District to "RE" Residential Estate District for the purpose of developing 14 single family
lots with a minimum lot size of one acre. However, the plat which was submitted in September 2006
was withdrawn in May 2007. In March of 2008 the subject property was requested to be rezoned
from "RE" Residential Estate District to "_ I " Apartment House District. However, the application
was withdrawn by the applicant due to unresolved concerns i.e. density of development, traffic, street
width and capacity of Laguna Shores Road, drainage, etc. expressed by residents of the adjoining
residential neighborhood and the Planning Commission. The applicant of the rezoning in 2006 and
currently in 2008 is still the owner of record of the property.
• Zoning: The purpose of the "R-2" Multiple Dwelling District is to provide for medium density,
multiple- family residences and is for construction of garden -type apartments and town homes. In
Article 24 of the Zoning Ordinance, the "R-2" District requires a minimum lot size of 6,000 square
feet with a maximum density of 14.52 dwelling units per acre. The property could be developed with
a maximum of 240 apartment units. The minimum front yard setback required is twenty feet and
for structures having more than two family residences 10 foot side and rear yards plus five (5) feet for
each additional story are required. The maximum height of dwellings permitted is 45 feet and three
stories. The open space requirement is 40 per cent. The existing zoning of "RE" Residential Estates
requires a minimum lot size of one acre, a maximum height of three stories and 35 feet, a front yard
setback of 50 feet, minimum side and rear yards of 25 feet, and minimum lot width of 150 feet
• Existing Land Uses: The subject tract is currently vacant land. An existing single- family residential
neighborhood which fronts on Lola Johnson Road is adjacent to the north. To the east and across
Laguna Shores Road is a single - family residence, vacant land and the Laguna Madre. To the west
and south are vacant land and a pond with adjacent wetlands. The Flour Bluff Independent School
District owns most of this property and uses it as an outdoor science and environmental study area.
The owner of the subject property owns _a small portion of the pond and adjacent wetlands. In
addition, a large 130 lot single-family subdivision is being developed west and north of Lola Johnson
Road. This new subdivision will extend Lola Johnson Road to the west and will provide a
connection to Waldron Road. This will provide a secondary access to the residences fronting on Lola
Johnson Road.
• Utilities: Connection to utilities will be determined during the platting process. The proposed
development will connect to the City's water system through a water line depending on Water
Department and Fire Department flow requirements. The nearest water lines are located on Hustlin'
Hornet Drive (Purdue Road) approximately 400 feet south of the subject property. A new wastewater
lift station is planned to be constructed just north of Lola Johnson Drive and will serve this property.
The lift station is scheduled to be completed in late 2009. (See Attachment 3)
Zoning Report
Case No. 0408 -09 (Corpus Christi Construction, Inc.)
Page 3
• Flood Hazard Information: All construction including fill areas are subject to Federal Emergency
Management Agency (FERIA) rules administered through the City's flood plain management
regulations in its Building Code. The subject tract is wholly within the 100 year floodplain (A-18
with a base flood elevation of 10 feet above sea level), and the outer edges of the tract along Laguna
Shores Road, the pond and adjacent wetlands are within a Velocity Zone V-22 with a base flood
elevation FE of 12 feet above sea level. Development within a Velocity Zone has significant
limitations including fill material cannot elevate any portion of the property, any structures must be
elevated on pilings or piers so that the bottom of the lowest horizontal structural member must be
above the BFE, any walls within the BFE must be engineered to breakaway or adequate flow through
venting is provided, and no air conditioning or appliances can be within the EFE.
• Drainage: During the platting of the property a Storm Water Quality Management Plan will be
required to be submitted to show how the property is to be drained. This Plan will not permit storm
water to exceed the runoff flows before development and will be required to drain all storm water
runoff to the adjacent pond which is the natural outfall of the subj
Zoning Report
Case No. 0408-09 (Corpus Christi Construction, Inc.)
Page 4
• Comprehensive Plan Consistency: The subject property is located in the Flour Bluff Area
Development Plan. The Comprehensive Plan indicates the future land use as Estate Residential use
(large estate single - family residential). The Comprehensive Plan identifies policy statements for land
use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see
attached City Charter Section V- Planning.. Approval of the rezoning wilt amend the Comprehensive
Plan. Several policy statements are available in the Flour Bluff Area Development Plan as well as in
the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987
to ensure consistency of zone change requests with the' Comprehensive Plan.
flour - Bluff Area Development Plan (ADPIoIicStatements:
• B.1 - POLICY STATEMENT
The City Council, thereby, adopts the Future Land Use Plan as the guide for future land use
decisions. The intent of the proposed land use plan is to support existing and planned residential
neighborhoods and related growth in the Flour Bluff ADP areas. The plan provides for a
compatible configuration of activities with emphasis on: accommodation of existing zoning
patterns; the protection of residential areas; and the identification of environmentally sensitive
areas that should be preserved; the protection of the Naval Air Station from incompatible uses; and
a parkway along the Laguna Madre shoreline.
Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The
protection of low density residential activities from higher - intensity activities such as increased noise,
adverse impacts from increased lighting, and other land use compatibility elements must be adhered to.
The Land Use Plan of Flour Bluff when originally formulated in 1982 and updated in 1993 illustrated low
density residential on this tract.
Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element ,f the Comprehensive Plan, adopted in July 1987. Such policies provide the public and private
sectors with a guideline for future development.
• A. - POLICY STATEMENT
All public and private construction should be in accordance with Federal Emergency
Management Agency (FEMA) standards. Compliance with these standards will ensure continued
availability of flood insurance to the community through the National Flood Insurance Program.
Public and private construction should be in accordance with State and Federal programs e.g.
Environmental Protection Agency, U.S. Army Corps of Engineers).
Staff Comment: The applicant is aware of the floodplain and velocity zone on the subject property
through the Development Services Department's Early Assistance meeting held in early February
2008. Construction plan review and field inspections by staff will assure that any construction
complies with the City's Floodplain Management Program in its Building Codes.
Policy statements regarding land use are provided in the Corpus Christi Policy Statements, An
Element of the Comprehensive Plan, adopted in July 1 987. They provide the public and private
sectors with a guideline for future development. Policies applicable to the proposed zone change
request are as follows:
Zoning Report
Case No 0408-09 (Corpus Christi Construction, Inc.)
Page 5
c3
isa
Street
Type
(Urban Transportation Plan
a'rd Section
Volume (2001)*
Laguna Shores
Road
P -1 Parkway
Collector
80 feet ROW (40 feet back
to back)
4,210 ADT
'Hustlin Hornet
Drive (Purdue
Road)
0-1 Collector
60 feet ROW (40 feet back
to back)
1,490 ADT
*Source: City of Co us Christi Traffic Engineering Division
It Status:
The property is not platted and is required to be platted before building permits can be issued.
De artment Comments:
• Development of medium density residential uses on the subject tract is not consistent with the 2008
Future Land Use Map of the Comprehensive Plan. The 2008 Future Land Use Map designates this
property as Estate Residential or large single family resi lential lots with minimum lot size of one acre.
• The proposed medium density residential development is not compatible with the existing low density
residential uses fronting on Lola Johnson Road, the low density residential area west of the subject
property, and the pond and wetland areas being used by the Flour Bluff Independent School District for
an outdoor science and environmental study area
▪ All storm water runoff will be required to drain to the adjacent pond which is the natural outfall of the
subject tract. The pond and adjacent wetlands are primarily owned by the Flour Bluff .Independent
School District and used as an outdoor science and environmental study area. The owner of the subject
property owns a small portion of the pond and adjacent wetlands along the north and east shoreline.
• The City is in the process of improving Laguna Shores Road by elevating it several feet and widening
the pavement width to two 12 foot travel lanes with roadside shoulders and is scheduled to be
completed in early 2010.
• A new wastewater lift station is being constructed just north dada Johnson Drive in conjunction with
a large 130 lot single-family subdivision west and north of Lola Johnson Road. This lift station wi
Zoning Report
Case No 0408 -09 (Corpus Christi Construction, Inc.)
Page
Staff Recommendation:
Denial of the "R-2" Multiple Dwelling District
lComn i n eco ngiendatiou
Approval of the "R-2" Multiple Dwelling District
0 c4
Number of Notices Mailed:
Favor: 3
Opposition: 1 (7.96%)
(As May 7, 2008)
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Proposed Bahia Vista Subdivision showing Lola Johnson Road connection to Waldron Road
and proposed lift station
4. 2004 Bond Program For Laguna Shores Road
5. Neighborhood — 2008 Future Land Use
6. Neighborhood — 2006 Future Land Use
7. Site -F 2006 Aerial
8. Site — Existing Zoning, Notice area, Ownership
9. Subject Case Map
10. Comments received from Public Notices mailed
11. Notice Mailing List
12. City Charter — Article - Planning
13. District Uses
14. Minutes of Planning Commission Meeting
H:1PL - DIR\SHAR D\Bev rly\2 08 PC\2008 Zoning ReporWril\CC10408-09 Corpus Christi Construction.doe
Prepared By: MBB
Depi iTmehr of ievefopmenr Services
CASE # 0408 -09
1.
NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at mom, cctexas.corn
1`r
Prepared Bp: MSS
Oeparrmefr of Deveiopmefr Services
Estate Residential - ER
Low Density Res. - LDR
9ecd Density Res. - MDR
High Density Res. • HD#
Mobile Home - ASH
Vacant • VAC
Professional Office - P
Commercial - COM
Light Industrial - Li
Heavy Industrial - HI
Public Semi - Public • PP
Pant
D Drainage Corridor • DC
.D Dredge Placement - DP
Water
ConservationAoreservation - DP ,
Prepared Br MSS
Department of Developmenr Services
3. PROPOSED
BAHIA VISTA SUBDIVISION
SHOWING LOLA JOHNSON RD.
CONNECTION TO WALDRON RD.
& PROPOSED LIFT STATION
Estate Residential a. ER
Low Density Res. - LDR
MDR Med Density Res. - MOP
111111 High Density Res. IIDR
F)_i Mobile Home MH
Vacant VAC 1T-in
Professional Office - PO EJ
Commercial - COM
Light Industrial Ll
Heavy Industrial - HI
Public Semi-Public PSP
Park
Drainage Corridor - DC
Dredge Placement - DP
Water
Conservation/Preservation - CP
4. 2004 Bond Program
for Laguna na Shores Rd
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at wwW t xas. oom
WATER
Prepared By: SRP
Department of Deveiopment Services
CASE # 0408-09 2008
5. NEIGHBORHOOD - FUTURE LAND USE
Agricultural/Rural - AR
Estate Residential - ER
LDR Low Density Res. LDR
MCR Med Density Res. • MDR
1111 High Density Res. • HDR
Mobile Home MH
Vacant-VAC
Professional Office - PO
III Tourist
Research/Business Park - REP
Light Industrial - LI
Heavy Industrial - HI
Public Semi-Public PSP
Park
UI Drainage Corridor - DC
TSf j Dredge Placement - DP
Water
Conservation/Preservation • CP
Transportation Plan
Existing Proposed
Arterials
------ Collectors •
=:=-=-,--1-== Expressways 7.717.L%
Parkway
-1÷H÷ Railroad
CASE # 0408 -09
6. NEIGHBORHOOD
Agricultural/Rural - AR IV
Estate Residential - ER
Low Density Res. - LD
Med Density Res. - MDR
it Mobile Home - MH
Vacant - VAC
P Professional Office - P
IMI Commercial = COM
2006
FUTURE LAND S
Tourist - TOR
Research Business Park - RBP
Light industrial - LI
Heavy Industrial - HI
Public Semi-Public - PP
Park
Drainage Corridor - DC
Dredge Placement - DP
Water
Conservation/Preservation - CP
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www, teas. corn
Prepared 13y SRR
Departmenr of Development Services
CASE # 0408.09
8. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A -1 ailment House District
,A4artrnent House Cistnct
-z .= :3rtrnent House District
AB
6-1
B-1
6-4
8-5
B-6
RC
F -R
HO
Professional )?fce Oistr4:t
nr rlm nt- Tuufst Gistritl
Meigiibortwood Eus n ss Cistnct
lleigltibofhoocl Business District
Baytra t Busines1 District
Barrier island Business Distri :t
Business Distn :t
General Business Distric
Primal!: Bsiness District
Pliraty Business Core Di }tract
Corpus Christi teach Design Dist
Palm Rural Disiiic1
Historical-Cultural Landmark
Presen•at on
R -16
R -1G
R -Z
A
RE
R -TH
-3P
T-
T-18
Limiter! Industrial District
Light Industrial District
Heavy Industnal District
Planned Unit De,.elwrnent
One Family Dwelling District
One Fancily Cradling Jisliie1
Otte L'- elling District
Multiple D w•eliing District
-ne Faintly Dwelling CistnCt
Residential Btlatn District
Taaniiouse Cradling Distficr
Special Permit
Tra el Trader Park Cisrnict
r.lanutscdured Home Park snicl
Manufactured Horne br i!lorl
District
�-1
AB
AT
B-1
B- iA
z
84
83
EC'
F -R
HC
Apartment House District
4artment House Cisnict
Apartment House District
Professional Office Dsslm
Apartment-Toast District
Neighborhood Business District
Neighborhood Business District
Bayiront Business D'sttic1
Barrier Island Business O sxricr
Business District
•3enerai Business iDistritii
Primary Busine : District
Piimary Business_ pare District
Corpus Christi Beach Design Cis1.
Farm Rural District
Histoncal {uILir3$ Landmark
Preser.alian
I-1
1-2
IUD
R• I n
R- I B
R- IC
R.2
RE
R -TH
T 1A
T -1B
T -I
Limitr-d tnnusmal District
Light Industrial District
Heavy lndustriat District
Planned Unit De-.el cTrn ent
One Fanpl'Dwelling District
.ine Family Netting District
one Fantidli Dwelling District
1-Aultr le Dweging District
:one Farm' Dwelling. District
Residential Estate District
Twnhousa Netting D1stfct
3Fe cal Permit
Tra et Truer Park District
Manufactured Home Park District
Manufactured Home aubdi;isioin
Distrit
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0408-09
Name: Corpus Christi Construction, Inc.
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 66
Returned undeliverable:
Notices returned from ithin the 200 -foot notification area:
Favor: 3
James Karstens, 444, 47 & 54, (4.34%), 2141 Laguna Shores, Corpus Christi, Texas — No
comments
Opposition: 16 (7.96%)
%
Betty Holt, #34, (0.73 %, 237 Lola Johnson, Corpus Christi, Texas
Infrastructure not capable of handling increase in numbers. Safety of the kids!"
Elizabeth Starr, #2 . o , 2233 Laguna Shores, Corpus Christi, Texas
"The Laguna Shores Road cannot handle this amount of traffic even if the city someday
improves the road. Also, lack of sewer availability, Laguna Shores has the potential of being a
birder's paradise for incoming tourists and having homes instead of massive dwellings would
create a very nice environment on this side of town, Over the paste 15 years Laguna Shores Road
has gone from a quiet road to a continuous past lane (both directions) highway although, it is not a
highway. Apartment dwellings would create a disaster for drivers today trying to get to work.
Also, the urge pond of water might suffer from so many people having access to it — would be a
lovely environment for large estate properties."
Arthur R. Allcocl #9 (0.1 l % ), 254 Lola *Johnson Road
"Limited access to evacuation route in emergency, wetlands preservation, rise in crime rate,
privacy concerns."
Harry "Stan" Gordon, #10 (0.11 % ), 250 Lola Johnson Road
"Same as everyone else. It's bad for the environment. It's bad for my property value; 1 do
not want a sewage lift station behind any house."
Zachary Gordon, #11 (O.O5%), 250 Lola Johnson Road — No comments
Johnny S. Rom s, #14 (O.O5%), 230 Lola Johnson Road
"Population density too great for the area; delicate ecosystem already stressed; profit to be
made at the expense of he local residents."
Mr. Alex Nick, #26 (O.80%), 201 Lola Johnson Road, "There is not a single positive reason to
consider accepting the zoning change — every effect, on my home's value, my peace of mind,
security, drainage, effect on the environment, reduction of education — salt water studies, etc.,
etc."
Redonda Bollinger, #27 (O.36%), 209 Lola Johnson Road, Corpus Christi, Texas
"Flour Bluff Jr. High is across the street. They have an outdoor classroom on the wetlands.
Preserve the wetlands! Like so many have before you."
Frank Field, #29, 30, 31, 32, & 33 (1.80%), 221 Lola Johnson Road -- No comments
-123-
]arson Aelvoet, #43 (O!58%), 281 Lola Johnson Road, Corpus Christi, Texas
"Drainage, lack of sewage, traffic, environmental, security."
xernma Schwind, #40 (O73%), 265 Lola Johnson Road, Corpus Christi, Texas
"There already exists a severe drainage and flooding problem; not only from storms but the
high tide and normal high water level. The additional multiple dwellings would exacerbate this
c ]ironic problem. The negative impact environmentally; the heavy traffic; decline in my property
values; eHHmrnatin of school's educational environmental studies."
Eldon Coburn, #51 (1.98%), 309 Lola Johnson Road No comments
Responses received from outside the 200-foot notification area that property owners
requested a notice be sent to thent by staff:
Favor:
OpposjQn:
III. Responses received from outside the 200-foot notification area where property owners
voluntarily sent in responses via email or other correspondence:
Favor:
7
Georgia Hackney, ac� stx.mcoin
"I am all for rezoning that part of Laguna Shores Road. It will be a wonderful thing for Flour
Bluff; Please vote FOR the rezoning,"
Floyd Anderson, fndersoiiJgrandccomnet
"We are the owners of the Las Palmas Apartments, a 20 unit complex at 2026 Waldron and
are fully in favor of this rezoning request. This is exactly the kind of developments we need in
Flour Bluff to continue to upgrade the area. I do hope the city will approve this request."
David May, 2213 Ayers, Corpus Christi, Texas
"As president of Jester Investments, Inc., owners of 1.86 AC out of Lots 20 and 2L Sec.
and as president of C.L. Management, Inc., owners of tracts 3 & 4 at Henning circle, I wish to
inform you that l am in favor of zoning case #0408-09 by Corpus Christi Construction for a
change to R-2 zoning. This area needs more development and more access to city sewage,"
Jeff Smith, The Smith Company, 2500 Debra Lane, Corpus Christi, Texas
"I support the re- zoning of the above referenced site as a landowner and business owner near
the above referenced site."
Peter Bungert, bun ert i stx.rr. oni — See attached letter
Tracy Duncan, tracydurcan@mac.com
"I own some land at the comer of Hustlin' Hornet and Laguna Shores. I'm writing to express
my support of the proposal to rezone 15,5 acres in Flour Bluff to R -2. This proposal comes
before the planning commission on Wednesday. I believe a development of the quality would
spur growth in the area and bring much - welcomed tax money into city and school coffers. It
would also bring much - needed waste-water service to Laguna Shores, at no city expense. Thanks
for your consideration."
Dan Suckleydrsuckte l ai oo.co
-124-
"Subject to this property being developed into Class A town homes in a gated community with
price ranges of $150,000 and up, 1 support the request to change the zoning to R-2."
QppoitiQn: 1
"Kerwin S. Van Gelder" l vg@sL ek. om
"This sounds like another developer get rich quick scheme, where we (the residents) end up
holding the bag for overpopulation, crime, and an attitude of little concern for the local residents
(obstructing views, drainage issues, etc.) just so the developers can make a quick buck. Reduce
their ability to cram people into as Tittle space as possible and see how willing they are to provide
QUALITY housing, AND caring for the already existing residents in the area Their push is
MONEY, and they try to bribe people's thinking by offering them some (money for F IS .
Money is not everything. Some people actually like the way things are — that's why they live
there. Start changing the area and people will quickly sell what used to be nice homes with a
view, and move on, replacing home owners with yards with crammed housing and
overpopulation."
IV. Responses received from owners /applicants of subject area
Favor:
Qpositiop:
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0
Attachment 12
City Charter — Article V
ARTICLE V. PLANNING
Sec. L. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting In August and
shall meet not less than once each month! Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning mmi i n.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; Review and make
recommendations to the city council on all pr-oposais to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; (3) Monitor and oversee the effectiveness of the
comrehernsive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to Insure the
consistency of any such Zoning or changes in zoning with the adopted
comprehensive plan; Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which sha l l
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -vide plans. The
comprehensive plan shall include the following elements: (1) A future land -use
dement; An annexation element; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and (7) Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for Its implementation
and shall be Implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward It to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning. commission shalt be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. 5. Legal Effect of Comprehensive Plan.
All city improvements, ents, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
Attachment 13
- 33 -
ARTICLE 7. "R -2" MULTIPLE DWELLING DISTRICT REGULATIONS
Section 7 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this
article, are the regulations in the "R -2" Multiple Dwelling District. The purpose of this district is to
maintain a generally spacious residential environment but at the same time permits a variety of housing
types. Population density and height of buildings are low enough to be compatible with neighboring
single - family development. Permitted community facilities are the same as for the one - family districts. A
minimum of two -unit townhouse structures is permitted per platted property provided each townhouse unit
is in compliance with the current building code, as amended.
Section 7-2 Use Regulations. A building or premises shall be used only for the following purposes:
1) Any use permitted in the "R-1A" One - family Dwelling District.
( 2) Two- family dwellings other than manufactured homes. (Ordinance 22851, 02/1 8/97)
( Multiple- family or townhouse dwellings housing no more than ten 10 dwelling units per detached
building.
( 4) Sign requirements shall be the same as those in the "R-1A" One-family Dwelling District.
(5) Assisted living facility. (Ordinance 24566, 08/28/01)
Section 7-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this
Ordinance.
Section 7-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in
Article 23.
Section 7-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the
chart of Article 24.
Section 7. 6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 R-
-25
ARTICLE L 5. "R-IA" ONE-FAMILY DWELLING DISTRICT REGULATIONS
Section 54 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this
article, are the regulations in the "R-1A" One - family Dwelling District. The purpose of this district is to
provide for single - family residential development of relatively more spacious character together with such
public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary
or are normally compatible with residential surroundings. The district is located to protect existing
development of high character and contains vacant land considered appropriate for such development in the
future.
Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes:
1 Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not
includin g the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an
extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and
provided no retail or wholesale business office or store is maintained on the premises.
02/08
2) Single- family dwellings other than manufactured homes.
Churches and parish halls, temples, convents, and monasteries.
Colleges and schools, public and non - profit private schools, having a curriculum and conditions under
which teachin g is conducted equivalent to a public school and institutions of higher learning. In connection
with the use of such premises as a college or school, the premises may be used for signs, excluding portable
signs, which are within 100 feet of a public street for identifying any permitted educational or related
athletic facility or publicizing related educational events provided that no sign contain any commercial
message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a
public street are permitted without restriction provided such sign does not incorporate flashing, moving, or
intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise
limited. Any sign not in compliance with this paragraph for the use of colleges and schools described
herein shall be granted the status of a nonconforming sign upon the registration of such sign with the
Building Official or his designated representative within six months of the effective date of this ordinance
verifying for each sign:
(Ordinance 22851, 02/18/97)
(a) that the sign was constructed and in use prior to January 1, 1989;
(b) that the sign is used to identify or publicize educational or related athletic events;
(c) the location of the sign; and
(d) the percentage of total sign area which is used or dedicated to a commercial logo or
commercial message.
All sig ns registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of
Article 26-11 Nonconformin Si ns of this Zoning Ordinance.
Home occupations.
Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric
and telephone mains and incidental appurtenances.
Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges
and similar activities operated as a business), nonprofit, nongovernmental public recreation, and
community buildings.
R-1A
_ 26 -
( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations,
but not including passenger stations, freight terminals, switching and classification yards, repair shops,
roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations,
9) Shell dredging in water submerged areas.
(10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years from
the time of erection of such temporary buildings, whichever is sooner.
(11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04)
(a) For properties developed with single - family uses, the sign may not exceed six square feet,
including rider signs, and in addition allow the use done letter -sized flyer box. Only one sign per
street frontage is allowed.
(b) For undeveloped properties containing not less than three acres and not more than five
acres, the sign may not exceed a height of eight feet and a sign area of sixteen (16) square feet,
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five acres, the sign may not exceed a height of eight
(8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of
one letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
12 Child care homes.
(13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest
houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary
church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or
intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi-
public uses.
(14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home BB or
bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/11/01)
Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 5-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in
Article 23.
02/08
R-1
27
Section -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the
chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this
Ordinance and have the same force and effect as if all the notations and requirements set forth therein were
fully set forth or described therein. In the "R-1A" District all lots in platted subdivisions may comply with
the lot area and yard requirements of the "R-1B" District as minimum requirements.
Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27.
02/08 - I A
_1_
ARTICLE 48. "RE" RESIDENTIAL E T ►T DISTRICT REGULATIONS
Section 4B-1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this
article, are the regulations in the "RE" Residential Estate District. The purpose of this district is to provide
for single- family residential development of a spacious character together with the related recreational
facilities normally required to provide an orderly, attractive and spacious residential living environment.
This district also provides for those agricultural uses which are compatible and in harmony with a lower
density residential living environment, which area is subject to conditions that are normally detrimental to
"R-113" District density.
Section 4B-2 Use Regulations. A building or premises shall be used only for the following purposes:
( 1) Single- family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97)
2) Field and truck crops.
Orchards and vineyards.
Greenhouses }and nurseries.
5) Storage of hay and stables for horses.
6) Oil and gas wells and appurtenances.
7) Public parks, golf courses, driving ranges and other similar public and semi - public uses.
Railroad rights -of -way, including a strip of land with tracks and auxiliary facilities for track
operations, but not including passenger stations, freight terminals, switching and classification yards, repair
shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.
9) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during
development being conducted on the same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction, or upon the expiration of a period of two years,
frotn the time of erection of such temporary buildings, whichever is sooner.
10 Accessory buildings and accessory uses including, but not limited to, private garages, servants'
quarters, guest houses, swimming pools, home barbecue grills, storage, and off - street parking and loading
spaces.
11 Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99)
(12) if approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B&B) or
bed and breakfast home with special events (B&B/SE). (Ordinance 24580, 9/11/01)
(13) Temporary nonilluminated signs pertaining to the lease, hire, or sale of a building or premises on
which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04)
(a) For properties developed with single - family uses, the sign may not exceed six square feet,
including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per
street frontage is allowed.
02/08 RE
(b) For undeveloped properties containing not less than three acres and not more than five
acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet.
Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is
permitted.
(c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight
feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one
letter -sized flyer box per premise is permitted.
For the purposes of this section, street frontage includes frontage along a canal or a golf course.
Section 4B-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22.
Section 4B-4 Off - Street Loading Regulations. The off - street loading regulations for permitted uses are contained
in Article 23.
Section 48-5 Height, Area and Bulk Regulations. Height, area, and bulk requirements are set forth in the Chart
of Article 24.
Section 4B-6 Supplementary height, area and bulk regulations are contained in Article 27.
02/08 RE
M-etelito4A- t+
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday April 16, 2008
5:30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman *Departed at 7:00
Rudy Garza, Vice-Chairman
Atilano . I uerta*Arrived at 5:40 p.m.
James Skrobarczyk
John C. Tamez
Evon .T. Kelly
David Loeb
Govind Nadkarni
ABSENCES:
Johnny R. Martinez
STAFF:
Bob Nix, MCP Assistant City Manager of
Development Services
Robert Payne, MCP, Sr. City Planner
Miguel 8. &Waft, AICP, Sr. City Planner
Mic Raasch, AICP, City Planner
Annissa Garrett, Special Assistant
Jay Reining, First Assistant City Attorney
Beverly Lang- Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingl s es iimitado, habra un interprete de espariol a
lilies en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :34 p.m. by Chairman
Stone.
IV. ZONING
2. New Zoning
d. Case No. 0408-09
Corpus Christi Construction, Inc. - A change of zoning from a "RE"
Residential Estate District to a "R-2" Multiple welling_ istri t resulting
in a change of land use designation from estate residential to medium
der sl residential
A 16.63 acre tract of land out of a portion of Flour Bluff and Encinal
Farm and Garden Tracts Section 54, Lot 9 and Lot ICI, located in Flour
Bluff on the west side of Laguna Shores Road approximately 400 feet
north of ustlin' Hornet Drive.
Mr, Raasch presented the above case via Power Point stating the applicant is Corpus
Christi Construction, Inc., and the subject property is a 1 6.63 acre tract of land out of a portion of
Flour Bluff and Encinal Farm and Garden Tracts Section 54, Lot 9 and Lot 10, located in Flour
Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet
Drive. Mr. Raasch stated the applicant is requesting a change of zoning from a "RE" Residential
Estate District to a "R-2" Multiple Dwelling District to develop the tract for multifamily housing
in the form of garden apartments, garden homes or townhomes. The acreage and the density
allowed by the zoning district would allow up to 240 dwelling units on the subject property.
Mr. Raasch stated the existing land use in the area is predominantly vacant, except for the
neighborhood to the north fronting on Lola Johnson Road. Mr. Raasch stated there is a large
pond and wetland area to the south and west of the subject property. The "R -2" Multiple
Dwelling District provides for medium density, multi- family residential development, providing
-135-
for a maximum densi
Ms. Renee Gonzales, 282 Lola Johnson, came forward in opposition to the request,
stating she was at last month's meeting and had concerns when she left that meeting. One of her
biggest concerns is this particular map. Ms. Gonzales stated that if one drives down Lola Johnson
one would find that all the area on the north side of Lola Johnson to the east is completely under
water, not buildable land. Ms. Gonzales stated that the lots on Lola Johnson that extend about
twenty lots into the Laguna Madre are not there. Ms. Gonzales stated the first lot on the south
side of Lola Johnson to the east was recently purchased and built up the land on the lot and built
his home; now there is a house sitting there with water on all sides of it. Everything to the north
is under water, making the area on the map marked as `commercial" not a consideration. Ms.
Gonzales stated the bottom line is that there is residential already existing in the commercial area
and this should be included in their considerations. Ms. Gonzales stated she does not feel this
project would be consistent with the smart growth principles in that the infrastructure does not
exist and it is not environmentally proper considering the wetlands involved.
Mr. John Riley, 270 Lola Johnson Road, came forward in opposition to the request
stating there should be a compelling reason for the commission to go against eta`
recommendation and that this property was purchased with the purchaser being fully aware of the
residential estate zoning. Mr. Riley stated one of the major points is that the area Mr. Collins
refers to as his "drainage pond" is wetlands and serves as an outdoor science lab for Flour Bluff
High School, Mr. Riley stated the zoning has not been reviewed in fifteen years. Mr. Riley
stated that today the area is popular with sailboarders and is the number one site in the state of
Texas, if not the nation, for sailboarding and that is the future. Mr. Riley stated that within the
next two years the commission needs to take a strong look at how the area should be developed
because the thin ribbon along Laguna Shores Road could be the life blood of Flour Bluff if
tourism is taken seriously Mr. Riley stated he feels the commission should not be "willy-nilly"
in the way the area is developed, but to step back and make a decision as to which way this
development should go.
Mr. Alex Nick, 201 Lola Johnson, came forward in opposition to the request stating his
house has not been locked in two years, there has never been a break -in and there is no crime.
Mr. Nick stated everybody looks out for everybody else. Mr. Nick stated he received a letter
from Corpus Christi Construction Company out of Austin, Within the document it speaks of
smart growth and also states that all the drainage from the project will be captured and directed
toward the tidal pool on the south. Mr. Nick stated that the topography shows this is the lowest
area in Corpus Christi and routinely goes under water. Mr. Nick stated one misception is that this
flooding comes from rain water and drain off, which is not always the case. Mr. Nick stated
flooding cones from the ocean.
Ms. Melissa Jarrell, 266 Lola Johnson, came forward in opposition to the request stating
she is all for growth and change, but there needs to be a balance between development and
corporate profit with community concerns. Ms. Jarrell stated the area residents realize that
growth will happen and they are acceptable to single family housing. Ms. Jarrell stated
apartments and townhomes are extremely problematic for all the aforementioned reasons. Ms.
Jarrell stated she is a criminologist and is concerned about the crime rate and feels that more than
a dozen homes would harm the environment.
Ms. Rebecca Root, 325 Lola Johnson, came forward in opposition to the request stating
the infrastructure is not there. Ms. Root stated the aforementioned lift station to the north does
not exist yet and only test sampling has taken place. Mr. Root stated the area residents would like
to keep the land vacant but understand progress and are willing to compromise with single family
homes.
Mr. Frank Field, 221 Lola Johnson, came forward in opposition to the request stating be
is directly impacted by this because his back yard abuts the subject property. Mr. Field stated he
—137—
feels the project will not work in this area. The lighting concerns, noise concerns, and traffic
problems testify that this area will be harmed by this project.
Mr. Arthur Allcoek, 254 Lola Johnson, came forward in opposition to the request stating
he agrees with the other residents and that his home is eight feet above sea level and he has had
water up to an i
about rovidin g wetlands mitigation land for Laguna Shores Road project, wetlands will actually
be created.
Commissioner Skrobarczyk stated that whatever is built out there will probably block
views, whether it is single family or multi because of the stilts and one or two,stories above that.
Commissioner Skrobarczyk stated he cannot see this as a bad project considering the future land
use plans for the last fifteen years.
Public hearing was closed.
In response to Commissioner Loeb, Mr. Johnny Perales, Development Services, stated
that whenever a development project moves into the platting stage one of the requirements that
must be met is the submission of a storm water quality management plan and becomes part of the
review of that plan. Typically the focus is quantity of run -off, but Mr. Perales stated this may be
a case where the q t ual of the run -off is addressed as part of the review and approval of that plan.
Commissioner Loeb stated his concern is that currently, there is a federally recognized
wetland and we cannot direct run -off into wetlands. However, Mr. Jay Reining, Legal Counsel,
stated that storm drainage can be put into wetlands. Mr. Reining stated that the wetlands can
actuall y purge the pollutants from the storm water before they get to the receiving waters. Mr.
Reining stated there are concerns to be addressed, however, it is allowable.
In response i1 onse to Commissioner Loeb, Mr. Perales stated it is difficult to tell at this point
whether the run -off would flow back to the wetland or directly to Laguna Shores Road.
Mr. Donnie Rehmet, Coyne, Be et, Gutierrez Engineering, stated a site drainage plan
for this ' ro ect has not be created, however, Mr. Rehmet stated that whoever develops it,
p �
according to city regulations, will not be allowed to drain any of the land back over to the lots on
g ' � � to the tidal pool.
Lola Johnson, The storm water plan may take a significant portion of this tract p
Vice- Chairman Garza stated he travels Laguna Shores frequently and it is a beautiful
area Vice - Chairman Garza stated he was against the "A-1", however, "R-2" is a lot less density,
creatin g a good buffer to the existing residential area Vice - Chairman Garza stated he is
. . - i
encouraged with the infrastructure going in.
Commissioner Huerta stated that with "A-1" zoning there is no ownership of property,
but with "R-2" there is and stated property owners would take care of their property
Commissioner Nadkarni stated he would abstain from voting on this case.
Motion for approval of the applicant's request for "R-2" rezoning was made by
Commissioner Skrobarczyk and seconded by Commissioner Tame z. Motioned passed
unanimously with Commissioner Martinez being absent and Commissioner Nadkarni abstaining.
: LN -D \S AR D Y HLY\2008 MAPR108\0408-09MINUTES.DOC
Page 1 of 3
Al ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CORPUS CHRISTI CONSTRUCTION, INC., BY CHANGING THE
ZONING MAP IN REFERENCE TO 16.63 ACRES OUT OF FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 64,
LOT 9 AND LOT 10, FROM "R -E" RESIDENTIAL ESTATE DISTRICT
TO "R-2" MULTIPLE 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;
AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Corpus Christi Construction, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
April 16, 200 8, durir g a meeting of the Planning Commi sion, and on Tuesday, May 27,
2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the. Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 16.63 acres out of Flour Bluff and Encirial Farm and
Garden Tracts, Section 54, Lot 9 and Lot 10, Located in Flour Bluff on the west side of
Laguna Shores Road approximately ately 00 feet north of Hustlin' Hornet Drive, from "R-E"
Residential Estate District to "R-2" Multiple Dwelling District, (Zoning Map
035030/035029) (Exhibit A)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1 937, as amended from time to time, except
i
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents
a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the Zoning Ordinance, as amended by this ordinance.
SECTION . That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 f the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 27th day of May, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: May 19, 2008
R. J efning
First Assistan # City Attorney
For City Attorney
H:\LE -D1R\ hared1,Jay1 nda12DOB1 - \ F D- onin O O8O &nstr -FBEF T- EtoF 2.doc
Page 3 of
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS F THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings. i we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:1LF -DIRT har dUay\Agend 1 00 1 - 71 F D- onin o - on tr -FBEF T -REto .do
apartment of Develop
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CASE # 0408 -09
Apartment House District
Apartment House District
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ApertmeM- Touiisi District
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Barrier Island Business District
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10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 27,2008
AGENDA ITEM:
A. Ordinance appropriating $202,116 from the unappropriated fund balance in the No 1030 Hotel
Occupancy Tax Fund for an incentive payment to the Corpus Christi Convention and Visitors
Bureau; changing the FY 2007-08 operating budget adopted by ordinance 027352 to increase
appropriations by $202,116; and declaring an emergency.
B. Motion approving the payment of $202,116 to the Corpus Christi Convention and Visitors
Bureau for an incentive payment as provided under the current contract for services.
ISSUE:
According to Article VIII. Compensation. Sections 8.03 and 8.04 of tile current contract between the
City f Corpus Christi and the Corpus Christi Convention and Visitors Bureau (CVB), the CVB may
be entitled to an additional incentive payment provided that the CVB is in compliance with all terms
of the contract currently in force. This payment is in addition to the regular annual amount payable
for the convention and visitor services provided by the CVB. It has been determined that the CVB
has qualified for the 2008 incentive payment for performance in Fiscal Year 2007.
REQUIRED COUNCIL ACTION:
Approval of the ordinance and motion is required.
PREVIOUS COUNCIL ACTION:
July 25, 2006 — Approval of consulting services agreement between the City of Corpus Christi and
the Corpus Christi Convention and Visitors Bureau.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance appropriating $202,116 from the unappropriated fund
balance in the No. 1030 Hotel Occupancy Tax Fund, and the motion approving the incentive
payment to the CVB.
—147—
Cindy O'Brien
Director of Financial Services
Page 1 of 2
AN ORDINANCE
APPROPRIATING OPF IJ TING $202,116 FROM THE UNAPPROPRIATED IATEC FUND
BALANCE IN THE NO. 1030 HOTEL OCCUPANCY TAX FUND FOR AN
INCENTIVE PAYMENT TO THE CORPUS CHRISTI CONVENTION AND
VISITORS BUREAU; CHANGING THE FY 2007-08 OPERATING
BUDGET ADOPTED TEf BY ORDINANCE 027352 TO INCREASE
APPROPRIATIONS BY $202,116; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $202, 116 from the Unappropriated Fund Balance in the No. 1030
Hotel Occupancy Tax Fund is appropriated for an incentive payment to the Corpus
Christi Convention and Visitors Bureau.
SECTION 2. That Ordinance No. 027352 which adopted the FY 2007 -2008 Operating
increase p at�n
Budget is changed to increase appropriations by $202,116.
SECTION 3. That upon written request of the Mayor or five council members,
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
r
and suspends the Charter rule that requires consideration of and voting meetings is upon
ordinances at two regular meetings so that this ordinance is assed and shall
take
effect upon first reading as an emergency this the 27th of May, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: May 19, 2008
By: ,�
Lisa A r
Assistant City Attorney
For City Attorney
HALEG-DIRILisaT008 ORDINANCMCVB Incentive Payrneittg_
Henry Garrett
Mayor
Page 2 oft
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: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H:ILB - DIRILIsa1 008 F DID A IC S \CVB Incentive Payrne1t e—
11
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
ANNUAL MEETING
DATE: Tuesday, May 27, 2008
TIME: During the meeting of the City Council beginning at 10 :00 am.
PLACE: City Council Chambers
1201 Leopard Street
Corpus Christi, TX 78401
President John E. Marez calls the meeting to order
2. Secretary Armando Chapa calls roll.
Board of Directors
John E. Mare z, President
Melody Cooper, Vice President
Larry Eli ondo, Sr.
Henry Garrett
Mike H u r e l l
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
8. Approval of the minutes of August 28, 2007
4. Approval of the financial report
5. General Manager's Annual Report
6. Motion to appoint Loan Review Committee Members
ers
7. Public Comment
8. Adjournment
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
August 28, 2007
2 :55 P.M.
PRESENT
Board of Directors
John Mare , President
Melody Cooper, Vice - President
Larry Elizondo, Sr.
Henry Garrett
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez (Arrived at :00 p.m.)
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez, Asst. Treasurer
President Marez called the meeting to order in the Council Chambers of City Hal Secretary
Chapa verified that a quorum was present to conduct the meeting and notice ofthe meeting had been
posted.
President Marez called for the approval of the minutes from the July 24, 2007 meeting. Mr.
Garrett made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed.
President Marez called for the financial report for eleven months ended July 31, 2007.
Treasurer Cindy O'Brien stated the fund balance was $20,338,821. She also stated that there were
three accounts that are part ofthe total fund balance. Mr. McCutchon asked Ms. O'Brien to explain
the mortgage receivable line. She stated that loans are issued for the programs for moderate and low
income. They recycle the funds and issue loans and record it on that line. Motion was made to
approve the financial report as presented and passed.
President Marez introduced Item No. 5, motion authorizing the CCCIC General Manager or
designee to execute Subrecipient agreements for funds provided from the FY2007 HOME
Investment Partnerships (HOME) Program. Daniel Gallegos, Administrator for Community
Development stated that this item has been approved previously, but it requiress CCCIC approval.
There were no questions. Ms. Garrett made a motion to authorize the extension, seconded by Ms.
Cooper.
5. MOTION AUTHORIZING THE CCCIC GENERAL MANAGER OR DESIGNEE TO
EXECUTE SUBRECIPIENT AGREEMENTS FOR FUNDS PROVIDED FROM THE
FY2007 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM.
FY HOME FUNDING-FOR AFFORDABLE HOUSING PROGRAMS
a. Community Development Corporation (UDC) - $200,000 for funds to assist
approximately II families in buying down a new home through the down payment
and closing cost program.
—15
Minutes -- CCCIC meeting
August 28, 2007 — page 2
b. Apartments of the Villa efLULAC Hacienda Apartments - $260,009 to demolish
with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two
bedroom units located at 2625 Greenwood Drive; 10 units will be HOME- assisted.
. Messianic Fellowship Church Affordable Housing Initiative - $300,000 for the
new construction of a 32 unit apartment facility to be used by area residents as a
moderately priced rental development located at 3210 Mueller Street.
d. TG110, Inc/Glenoak Rehabilitation Project - $250,000 for the rehabilitation of68
one, two, three and four bedroom apartments for rental to low income families
located at 711 Glenoak.
The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo,
Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ".
President Marez introduced Item No. 6, motion authorizing the General Manager or designee
to reinstate and extend the FY2004 HOME agreement with the Community Development
Corporation through May 31, 2008. Mr. McCutchon made a motion to reinstate, seconded by Ms.
Martinez.
6. MOTION AUTHORIZING THE GENERAL MANAGER OR. DESIGNEE TO
REINSTATE AND EXTEND THE FY2004 HOME AGREEMENT WITH THE
COMMUNITY DEVELOPMENT CORPORATION THROUGH MAY 31, 2008.
The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ". Garrett absent.
President Marez introduced Item No. 7, motion authorizing the CCCIC General Manager or
his designee to execute all necessary documents to purchase and convey properties for the Corpus
Christi Model Block Program and other city neighborhood revitalization projects. Ms.Yvonne
Haag, Director ofNeighborhood Services explained that in the last eight months, the City has been in
the process of acquiring available properties within the boundaries of the Model Block Program
OOP). Mr. Hummell asked about the purchase of the property and Ms. Haag responded that this is a
direct purchase for 100 vacant lots. Ms. Leal asked about the funding for the Model Block Program.
Ms. Haag replied that the funding for the IMP is as follows: $550,000 from HOME funds;
$200,000 from 4A Board; and $ 100,000 from CDBG funds. Mr. Garrett made a motion to authorize,
seconded by Ms. Martinez.
7. MOTION AUTHORIZING THE CCCIC GENERAL MANAGER OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS TO PURCHASE AND CONVEY
PROPERTIES FOR THE CORPUS CHRISTI MODEL BLOCK PROGRAM AND OTHER
CITY 'NEIGHBORHOOD REVITALIZATION PROJECTS.
The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo,
Garrett, Humrnell, Kelly, Leal, McCutchon, tchon, and Martinez, voting "Aye".
—1—
Minutes — CCCIC meeting
August 28, 2007 — page 3
President Marez introduced Item No. 8, motion authorizing the CCCIC General Manager or
his designee to convey property in the Model Block Program neighborhood to Habitat for Humanity.
Ms. Haag stated that 4 of the 7 purchases will be used for Habitat for Humanity. Mr. Hummell made
a motion to authorize, seconded by Mr. Elizondo.
8. MOTION AUTHORIZING THE CCCIC GENERAL MANAGER OR HIS DESIGNEE TO
CONVEY PROPERTY IN THE MODEL BLOCK PROGRAM NEIGHBORHOOD TO
HABITAT FOR HUMANITY.
The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo,
Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ".
President Marez introduced Item No. 9, motion to approve revisions to the CCCIC Loan and
Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not
be required for warranty work performed when the contract amount is less than $2,000. (See
Handbook under separate cover) Ms. Haag stated that the change in policy will attract more
contractors for smaller rehabilitation jobs. Ms. Martinez made a motion to approve, seconded by
Ms. Cooper.
9. MOTION TO APPROVE REVISIONS TO THE CCCIC LOAN AND
REHABILITATION HANDBOOK TO INCLUDE A NEW CLAUSE STATING THAT A
5% WARRANTY RETAINA GE WILL NOT BE REQUIRED FOR WARRANTY WORK
PERFORMED WHEN THE CONTRACT AMOUNT IS LESS THAN $2,000.
The foregoing motion was passed and approved as follows: Marez, Cooper, Garrett,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye ". Elizondo absent.
President Marez called for public comment. There were none.
There being no further business to come before the Board, President Marez adjourned the meeting at 3 :10
p.m. on August 28, 2007.
-156-
CITY OF CpRPus CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
April 30, 2008
ASSETS
Loan Program Special Project HOME Program
Fund Fund Fund
Total
Cash and investments $ 818,545 $ 249,938 $ 448,878 1,508,301
Mortgages receivable 11,267,107 5,692, 373 1 7,959,480
Investment in property (net of
accumulated depreciation) 135,850 - - - 21,047 156,897
Total assets
$ 12,221,502 $ 251,985__ $ 7 141 251 $19,024,738
LIABILITIES AND FUND BALANCE
Liabilities:
Accounts payable $ 950 $ 23,926 $ 24,875
Total liabilities 950 - 23,926 24,87
Fund Balance:
Reserved for mortgages 11,267,107 21,047 6,692,373 17,980,527
Reserved for Investments 135,850 - - 135,850
Unreserved 817,595 240,938 424,952 1 ,483,485
Total fund balance 12,220,552 261,985 7,117,325 19,599,862
Total liabilities and fund balance 12,22 1 ,502 $ 261,985 $ .11 'I ,25'1 $ 19 &241738
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE NINE MONTHS ENDING APRIL 30, 2008
Loan Program Special Project HOME Program
Fund Fund Fund
Revenues:
Total
Contribution from Federal Government $ - $ 1,667,743 $ 1,067,743
Interest on loans 49,500 - 8,116 67,616
Interest on investments 1 3,850 7,009 8,667 29,526
Rental income 74,566 - - 74,566
Miscellaneous 1,647 - 329 1,976
Total revenues 139,563 7,009 1 ,974,855 1 ,221,427
Expenditures:
Grants - 262,313 262,313
Warranty Work 48,750 - - 48,750
Community Development administration - - 664,102 664,102
Loan processing - - 131,328 131,328
Accumulated amortization-
forgivable loans 87,116 - 76,571 163,687
Total expenditures 135,866 1,134,314 1,270,180
r- -
Excess (deficiency) of revenues over expenditures 3,697 7,009 (59,459) (48,753)
Other financing sources(uses):
Total other financing sources(uses)-- _ - - --
Excess (deficiency) of revenues and other financing
sources over expenditures and other uses 3,697 7,009 (59,459) (48,753)
Fund balances at August 1, 2007
Fund balances at April 30, 2008
12,216,855 254,976 7,176,784 19,648,615
$ '12,220,552. . - -_- 1, _ 7,11 7,326 , $ 1 9,599,862
-158-
Memorandum
TO: Members of the Board of the Corpus Christi Community Improvement
Corporation
FROM: George K. Noe, General Manager
DATE: May 19, 2008
SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation
(CCCIC) on May 27, 2008
I am requesting that the annual meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) be held during the Council meeting of May 27, 2008, to consider
below:
. General Manager's Annual Report: The CCCIC was originally incorporated as a
nonprofit corporation in 1 976 as the Corpus Christi Housing Improvement
ent
Corporation (name change occurred on March 16, 1993). The Corporation was
"organized exclusively for the purpose of benefiting and accomplishing public
purposes of, and on behalf of, the City, by financing the cost of residential
ownership and development that will provide decent, safe and sanitary housing for
residents for the City at prices they can afford." The intent was simply to provide a
vehicle for the City's single family rehabilitation program; however, over the years
the Corporation has taken a much broader role in not only handling Community
Development Block Grant (CDBG) funds, but also HOME Investment Partnerships
funds and special CDBG projects for the City. Over $37.2 million of funding has
been generated through the CCCIC and more than 5,143 units have been assisted
through the CCCIC's many programs.
The CCCIC is a public non - profit corporation, a separate legal entity from the City of
Corpus Christi, with the responsibility to maintain /manage the corporation in
accordance with the U.S. Department of Housing and Urban Development rules. As
such, CCCIC meetings are requested at interval times throughout the year to allow
City staff to make contractual obligations or amendments in relation to affordable
housing programs and developments.
2. Motion to appoint of Loan Review Committee Members: The committee terms
for Sylvia Ford, Raul Torres and Tiffany Hull have expired as of May 7, 2008.
Committee Members Sylvia Ford and Raul Torres have expressed interest for
reappointment to the Loan Review Committee for another 3 -year term.
The Loan Review Committee is composed of eleven Cl 1 members and its purpose
is to review and approve loans for low and moderate income individuals being
assisted through the City of Corpus Christi's Rehabilitation Loan Program. The
Committee members are appointed by the CCCIC Board, for three (3) year terms
and they serve unlimited terms. When the committee was first formed, the
members were appointed to staggered terms and three (3) year terms thereafter.
-159-
CORPUS CHRISTI COMMUNITY IM V M I T C RP TI N AN
REVIEW COMMITTEE — Three (3) vacancies with terms to 5-07-11 representing the
following categories: 2 — Community at Large and I — Financial Institution.
DUTIES: Review and approve loan applications submitted through the various loan
programs in accordance with the Rehabilitation Loan Handbook.
COMPOSITION: Eleven 11 members to serve three -year terms. The committee
shall be composed of the following representatives: 4 - members from the following
professions: legal, real estate agency, general contractor remodelori home ui der,
architect, engineer, residential home designer; 2 - financial institutions; 1 — member
individually employed in the delivery of Health and Human Services; and 4 - community
at large. Appointments to be made by the Board of Directors of CCCIC (City Council).
Members must comply with the City's Code of Ethics. Chairman to be selected by Loan
Review ommittee for a one -year term.
MEMBERS
Alice Vaughan (Real Estate), Chairperson
Ben Grande (Community at Large)
*Raul Tones (Community at Large)
David Cantu (Financial Inst.)
Alynda Asher (Real Estate)
*Sylvia Ford (Community at Large)
Barry Lobel! (Community at Large)
Judy Telge (Health/Human)
* *Tiffany Hull (Financial Inst.)
Jesus A. Leija (Architect), Vice - Chairperson
Char Atnip (Realtor)
TERMS
5-07-09
5-07-09
5-07-08
5 -07 -07
5 -07 -09
5-07-08
5-07-07
5-07-07
5 -07 -08
5 -07 -09
5 -07 -9
ORIGINAL
APPTD. DATE
3 -16 -93
5-24-94
7 -10 -01
5 -12 -98
7 -27 -93
9-21-04
5-12-98
9-21-04
7-26-05
2710-04
9-19-06
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAIVE THIS TERM
Raul Torres Comm. at Large) 8
*Sylvia Ford (Comm. at Large) 8
NO.
PRESENT
4 (4exc)
4 (4exc)
% OF ATTENDANCE
LAST TERM YEAR
50%
50%
(*Note: Ms. Ford also qualifies for the Financial Institution category.)
OTHER INDIVIDUALS EXPRESSING INTEREST
David Berlanga
Fin cer Mana er B si essI evelo er CE , Maker Capital
Group, Fung Shui Lounge, Sang &Dav LLC, and American
Builders. Received Bachelors Degree from University of
Texas, Austin and currently working on Masters of Public
Administration City Management, Texas State University.
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation —1 6 0 —
Gerald W. Brown, Sr.
Rodney Buckwalter
David Cadena
Evy Coppola
Activities include: Habitat for Humanity, Organizer for
Hispanics Organized for Public Education (HOPE), and
Social Director for Zeta Psi, (Financial Institution or
Corrnrt unity at Large) (9-18-07)
Vice President, RSI & Associates. Received degrees in
Economics and Finance in North Virginia. Activities
include: Institute of Business Appraisers, National Center
for Employee Ownership and the Corpus Christi Chamber
of Commerce. . Commun ty at Large) (8-30-07
Manager, Training & Quality, First Data Corporation.
Received A.A. from Del Mar College, B.A. and M.S. from
Texas A & M University — Corpus Christi. Activities
include: Management Development Advisory Committee —
Del Mar College, American Society for Training and
Development, Patriot's Band and Honor Guard of America.
(Community at Large) 8 -3-7
Vice President - Credit Products Underwriter, Bank of
America. Received B.A. from Texas A & M University
Corpus Christi. Activities include: C.C. Hispanic Chamber
of Commerce and the PDAP Fundraiser. (Financial
Institution or Co mmunity at Large) (9-4-07)
Owner, Pathways to Wellness. Activities include:
Founder/Director of Extraordinary Business Women
Owners, League of Women Voters, Westside Business
Association, Barrios Association and Yoga Alliance.
(Community at Large) (9-6-07)
Jim Espey Retired, Sales/Marketing Director. • Received BS
Humanics/Psychology. Activities include: YMCA
Board/Committees, Yacht Club Director, Private Pilot,
Scuba Instructor, and Real Estate. (Community at Large)
(1-9-08)
Rosa M. Gonzalez Social Work Supervisor, Nueces County Human Services.
Received Bachelor of Science in Social Work from
University of Texas, Pan America. Activities include:
Social Work Society and Aid Coalition. (Community at
Large) (3-12-08)
Marie G ajardo Received Bachelor of Business Administration from
University of Texas, San Antonio College of Business.
Activities include: A.C.R.A San Antonio, CREW San
Antonio, and A.I.A San Antonio. (Community at Large)
(2-25-07)
Robert Bryan Johnson Self-Employed. Received degree from Texas State
University, San Marcos and Currently Working on MBA at
Texas A &M University-Corpus Christi. Activities include:
National Association of Realtors. (Community at Large)
(925-O7)
Glenn I. Jones
Israel Ledesma
Lara Ledesma
Enrique M. Salinas
Sylvia Sarnaniego
Judi Sisson
Jonathan Wagner
Realtor, Cold yell Banker Pacesetter Steel. Received BS in
Business Economics, State University of New York.
Served as United States Navy Air Traffic Controller.
(Community at Large) 7
Broker/Managing Member, Platinum Home Lending,
LLC /Axis Real Estate, LIU Homeowners Insurance
Agency. Received BS and BA from Texas Tech
University. Activities include: Member of Texas
Mortgage and Savings Loan Department, Corpus Christi
Association of Realtors, Texas Association of Realtors,
National Association of Realtors and Texas Real Estate
Commission. (Financial nstitution or Community at
Large) (5-21-08)
Agent/Managing Member, Axis Real Estate, LLC.
Completed First American Title Escrow Agent Training
Program and Certification from Lamar Real Estate College.
Activities include: Corpus Christi Association of Realtors,
Texas Association of Realtors, National Association of
Realtors, and Texas Real Estate Commission. (Community
at Large) (5-21-08
Retired. Over Twenty Years of Military Service.
Activities include: NIP for Chula Vista Area. (Community
at Large) (9-26-07
Owner, MEDBILL. Attended Del Mar College. Activities
include: Graffiti Wipe Out Coordinator for the Volunteer
Center of Coastal Bend, Former President of C.C. Barrios
Association, Progressive Populist Caucus, Chair of South
Texas Alliance for Peace and Justice, and organizes art
activities. (Community at Large) (9-11-07
Owner, Laguna Shores Pet Salon. Received BS in
Pharmacy. Currently attending Texas A&M — Corpus
Christi. Activities include: Celebrate Animals Event
Planning Committee. Recipient of Jefferson Award
October, 2003 and Excellence in Rescue from Petfinder.
(Community at Large) (10-2-07
Consultant, NeighborWorks America. Received MBA in
Business Management. Activi
12
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Overview of Proposed FY 2008 -2009 Operating Budget.
STAFF PRESENTER(S):
Nam Title/Position De • artment
Oscar Martinez ACM-Administrative Services
Cindy O'Brien Director of Financial Services
Constance Sanchez Assistant Director of Financial Services
Eddie Houlihan Assistant Director of Management & Budget
ISSUE:
The City Charter requires the City Manager to submit a budget proposal to the
Council at least 60 days prior to the beginning of the fiscal year.
REQUIRED COUNCIL ACTION:
No formal action is required at this time. This initial presentation will include a
general overview of FY2008 -2009 proposed revenues and expenditures and
subsequent presentations in June will include an overview of individual funds.
The City Council is scheduled to adopt the FY 2008 -2009 Annual Budget on July
15th and 22nd.
(37i pi_
Oscar Martinez
Assistant City Manager
Administrative Services
Power Point Presentation X
Exhibits ❑
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation to provide City Council with a preview of the proposed public input
website for the City wide storm water master play project.
STAFF PRESENTER(S):
Name
1. Juan Perales, Jr., P.E.
TitIe/Positiqi Dpartment
Deputy Director Development Svcs.
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. William J. Green, P.E. Engineering Manager Goldston Engr.
2. Don Peebles, P.E. Project Engineer Goldston Engr.
ISSUE: Efforts to update the City's storm water master plan were initiated in 2001.
The project so far has attempted to address complex issues related to developing
policies that define desired levels of protection and associated design criteria, and
once completed, will provide the tools necessary to manage storm water needs for
bath the existing City as well as new development. On March 11, 2008, staff and
representatives of Goldston Engineering presented Council with an update of the
ongoing project, including project history, an overview of significant related issues,
and schedule of remaining tasks. This presentation is intended to provide the City
Council with a preview of the website and process that will be used to facilitate and
manage the public input activities associated with adoption of the new storm water
master plan.
REQUIRED COUNCIL ACTION: None.
PowerPoint presentation
Supplemental information X
-169-
'ems
Robert Nix
Assistant City Manager
Development Services
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