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Agenda Packet City Council - 04/28/2009
INNIEW 11/1•100111.1110103/41111011 11:45 A.M. - Proclamation declaring April 28, 2009 as "National Equal Pay Day" Proclamation declaring May 15, 2009 as "Police Memorial Day" and the week of May 10 -16, 2009 as "National Police Memorial Week" Proclamation declaring the week of May 3 -9, 2009 as "National Children's Mental Health Awareness Week" Proclamation declaring the week of May 4 -9, 2009 as "Goodwill Industries Week" Proclamation declaring the week of May 4 -10, 2009 as "Public Service Recognition Week" Proclamation declaring the month of May 2009 as "Motorcycle Safety & Awareness Month" Proclamation declaring the month of May 2009 as "National Water Safety Month" Presentation: "Certificate by Texas Council on Cardiovascular Disease and Stroke" Presentation: May 2009 Military Appreciation Month celebration, sponsored by NAS -CC and City P &R Dept. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 28, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su inglrss es limitado, habra un interprete inglos- espanol en todas las juntas del Concilfo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper City Manager Angel R. Escobar Mike Hummel) City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez Agenda Regular Council Meeting April 28, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of April 14, 2009. (Attachment # 1) 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: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving a service agreement with FARA Business Services, Inc. of Mandeville, LA for license and use of Auto and General Liability Database Management System, in accordance with Request for Proposal Number BI- 0095 -09, for an estimated one -year expenditure of $57,492, of which $9,582 is required for the remainder of FY 2008 -2009. The term of the service agreement will be for one year with an option to extend for up to two additional twelve -month periods subject to the approval of Agenda Regular Council Meeting April 28, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's auto and general liability claims. Funds are budgeted in the Liability /Employee Benefit Liability Fund. (Requires 2/3 Vote) (Attachment # 2) 3. Motion approving the lease purchase of thirteen (13) mobile data systems and accessories from Datalux Corporation, of Winchester, VA, based on sole source for a total amount of $83,720. The mobile data units will be used by the Development Services Department. Financing for the mobile data units will be provided through the City's lease /purchase financing program. (Requires 2/3 Vote) (Attachment # 3) 4. Motion authorizing the lease /purchase of network equipment, telephone equipment, software, installation services and training from Calence, Inc. of Corpus Christi, Texas for a Police Department network upgrade and telephone system replacement for $795,444. Financing for a 60 -month term will be provided by Key Government Finance, Inc. of Superior, Colorado. Total cost for the 60 -month term will be $878,958.60. Calence, Inc. and Key Government Finance, Inc. are State of Texas Department of Information Resources (DIR) recognized vendors. (Requires 2/3 Vote) (Attachment # 4) 5. Motion authorizing re- financing of five (5) existing network equipment leases with CISCO Systems Capital Corporation with a total lease payment amount of $515,880.79 and reducing the total lease payment amount to $483,595.55 resulting in a reduction in the total lease payment amount of $32,285.24. All leases are for a 36 -month term and have various amounts remaining, depending upon the initiation date of the lease. New financing will be provided by Key Government Finance, Inc. (a subsidiary of CISCO Systems, Inc.) located in Superior, Colorado. Key Government Finance, Inc. is a State of Texas Department of Information Resources (DIR) recognized vendor. Lessee will be changed from the Corpus Christi Digital Community Development Corporation (CCDCDC) to the City of Corpus Christi. (Requires 2/3 Vote) (Attachment # 5) Agenda Regular Council Meeting April 28, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Resolution approving the submission of a grant application in the amount of $394,454 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in -kind services of $14,019, and program income cash match of $18,698, for a total project cost of $810,949 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Requires 2/3 Vote) (Attachment # 6) 7. a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi, Nueces County, City of Port Aransas, and City of Robstown to establish terms for the sharing of the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award. (Requires 2/3 Vote) (Attachment # 7) b. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $1,132,124 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, City of Port Aransas under the established Interlocal Agreements. Grant funds will be used for the enhancement of law enforcement efforts by the four entities. (Requires 2/3 Vote) (Attachment # 7) 8. Resolution authorizing the City Manager or his designee- to submit applications for and accept grants from the Federal Aviation Administration for projects at Corpus Christi International Airport in order to meet time sensitive deadlines and to execute all related documents. (Requires 213 Vote) (Attachment # 8) 9. Ordinance appropriating $907,292 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $432,842 into the Airport 2000A Debt Service Fund No. 4640 and $424,450 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements and reimbursing $50,000 to the Airport Capital Reserve Fund 3020A for airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $907,292. (Requires 2/3 Vote) (Attachment # 9) Agenda Regular Council Meeting April 28, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Ordinance amending Ordinance No. 027996, adopted on December 16, 2008, by substituting a corrected Exhibit A, which describes the boundaries of the Reinvestment Zone Number Three, City of Corpus Christi, Texas; and providing for publication. (Attachment # 10) 11. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Nueces County relating to the participation of the City and the County in Reinvestment Zone Three, City of Corpus Christi, Texas. (Requires 213 Vote) (Attachment # 11) 12. Resolution authorizing the name change of the City of Corpus Christi Health Department Animal Care and Vector Services Center to the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center, as recommended by the Animal Control Advisory Committee. (Requires 2/3 Vote) (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to submit an application to KaBOOM!, a national nonprofit organization of Washington, D.C., for recognition as a "Playful City USA Community." (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of 41,256,500 for design, bid and construction phase services for Flour Bluff Drive: (Bond 2008) (Requires 2/3 Vote) (Attachment # 14) * Flour Bluff Drive, Phase 1 from South Padre Island Drive (SPID) to Graham Road * Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio 15. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Naismith Engineering, Inc, of Corpus Christi, Texas in the amount of $141,349 for design, bid and construction phase services for the Old State School Property Development, Phase 2. (Bond 2008) (Requires 213 Vote) (Attachment # 15) Agenda Regular Council Meeting April 28, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Ordinance amending Section 55- 151(a), Code of Ordinances, City of Corpus Christi, regarding the adoption of the 2009 Corpus Christi Water Conservation and Drought Contingency Plan; providing for publication. (Attachment # 16) 17. Second Reading Ordinance - Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by deleting Division 12, Small Business Advisory Committee; supporting the Corpus Christi Chamber of Commerce's Small Business Council. (First Reading 04/21/09) (Attachment # 17) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS AND ORDINANCES: 18. Resolution approving the amendment of the Regional Health Awareness Board Interlocal Agreement to promote community dialogue on regional health awareness between Nueces County, the City of Corpus Christi and San Patricio County regarding performance of the scope of services. (Requires 2/3 Vote) (Attachment # 18) 19. Resolution authorizing the renaming of the Bayview Ballroom at the American Bank Center, the "Henry Garrett Ballroom ", in honor of Henry Garrett, in recognition of his many years of service to the City of Corpus Christi. (Attachment # 19) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 20. Update on "Big Spring Clean" Campaign and Adopt Downtown Cleanup Project (Attachment # 20) 21. Crime Control and Prevention District Quarterly Report (Attachment # 21) 22. Texas Department of Transportation (TxDOT) Annual Report (Attachment # 22) 23. Proposed Wind Energy Ordinance Amendments (Attachment # 23) Agenda Regular Council Meeting April 28, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: (NONE) 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. Agenda Regular Council Meeting April 28, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at A.16- p.m., on April 22, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. APRIL 28, 2009 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: CONSENT AGENDA 12.1. Resolution authorizing the City Manager or his designee to submit to the Cancer Prevention and Research Institute of Texas (CPRIT), on behalf of the Corpus Christi-Nueces County Public Health District, as a member of the Partnership Network for Prevention and Control, a Regional Coalition, a 10- Year, $2.25 Million, Funding Plan proposal for consideration, to provide prevention, health education and awareness programs and related services and to execute all related documents. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletir~l~tZard at the front entrance to City Hall, 1201 Leopard Street, at o~."~C a,r~-. (n„r lm. April 24, 2009. Armando Cha City Secretary City Council Goals 2007 -2009 l'IrlOWNI Develop Street Plan Texas A&M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 14, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern Larry Elizondo, Sr. Council Members: Melody Cooper Mike Hummell Priscilla Leal Michael McCutchon John Marez Nelda Martinez ABSENT Bill Kelly City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Henry Williams with Corpus Christi Christian Fellowship Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of March 24, 2009 and March 31, 2009. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). There were no comments from the public. Council members requested that Items 4, 6, 7, 16, and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2009 -079 Motion approving a service agreement for dumpster route service in accordance with Bid Invitation No. BI- 0103 -09 with Allied Waste, of Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $116,375.76 of which $38,791.92 is required for the remainder of FY 2008 -2009. The term of the contract will be twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. This service will be utilized at thirty -nine different City facilities. Funds have been budgeted in FY 2008 -2009 by the using departments. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. 3. MOTION NO. 2009 -080 Motion approving the purchase of four (4) trailer mounted air compressors in accordance with Bid Invitation No. BI- 0125 -09 from Air Specialty & Equipment Co., of Corpus Christi, Texas based on low bid meeting specifications for a total amount of $70,674.58. These units —1— Minutes — Regular Council Meeting April 14, 2009 — Page 2 are replacements and will be used by the Water Department. Funding is available in the FY 2008 -2009 Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. MOTION NO. 2009 -082 Motion approving the purchase of traffic signals and equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0086 -09 based on low bid, most advantageous bid and low bid meeting specifications for a total amount of $285,873. Funds have been budgeted by Traffic Signals in FY 2008 -2009. Texas Highway Products, LTD Paradigm Traffic Systems, Inc. Round Rock, Texas Arlington, Texas Item No.: 1, 3, 12 and 13 Item No.: 17 $65,025 $65,700 Control Technologies, Inc. Consolidated Traffic Control, Inc. Tomball, Texas Arlington, Texas Item No.: 4, 6 -9, 14, 15, 18 and 19 Item No.: 2, 5, 10, 11 and 16 $89,748 $65,400 TOTAL AWARD: $285,873 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 8.a. MOTION NO. 2009 -086 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $20,000 from the Texas Department of Transportation 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, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 8.b. ORDINANCE NO. 028107 Ordinance appropriating $20,000 from the Texas Department of Transportation 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 was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 9.a. RESOLUTION NO. 028108 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount -2- Minutes — Regular Council Meeting April 14, 2009 — Page 3 of $13,040 for hazardous materials emergency preparedness planning activities, in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Kelly was absent. 9.b. ORDINANCE NO. 028109 Ordinance appropriating $13,040 from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise and activities, with a cash or soft match of $3,260. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 10.a. ORDINANCE NO. 028110 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2009 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Boulevard and North Chaparral Street up to and including Barge Dock area; during April 20 through May 6, 2009, provide for Commission paying 50% police overtime and 100% all other City costs and fees. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. 10.b. MOTION NO. 2009 -087 Motion approving a $5.00 admission fee and /or $3.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and taller than 36 inches, and persons with disabilities for Buccaneer Days Festival from April 23, 2009 through May 3, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 11. ORDINANCE NO. 028111 Ordinance authorizing the City Manager or designee to execute an agreementwith Landry's Seafood and Steakhouse — Corpus Christi, Inc. to allow Landry's operation of golf cart shuttle service at People's Street T -head, during the following dates and times: during 12:01 a.m. Saturday April 18, 2009 through 11:59 p.m. Wednesday April 22, 2009; during 7:00 p.m. to 2:00 a.m. each night of the Boat Show starting April 23, 2009 ending April 26, 2009; and also during 12:01 a.m. through 5:59 p.m. on Monday April 27, 2009; and subject to compliance with the following conditions: (1) insurance and indemnity provisions established by City Manager; and (2) visitors to Landry's must be transported directly to and from the restaurant to the gate entrance. -3- Minutes — Regular Council Meeting April 14, 2009 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. 12. RESOLUTION NO. 028112 Resolution to support the City of Corpus Christi, Texas bid for the 2012 Texas Recreation and Park Society Institute and Trade Show in cooperation with the Texas Park and Wildlife Department and the Southwest Region of the National Recreation & Park Association to be held in Corpus Christi February 20 through February 25, 2012; and dedicating City resources and the use of the American Bank Center for a total cost of $25,000; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Kelly was absent. 13. MOTION NO. 2009 -088 Motion authorizing the City Manager or his designee to execute a construction contract with Huff & Mitchell, Inc. of Cypress, Texas in the amount of $2,454,026 for Oso and Whitecap Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008 -2009 for Base Bid No. 3. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Kelly was absent. 14. MOTION NO. 2009 -089 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $25,420 for a total re- stated fee of $66,301 for the Existing Broadway Plant Requirements for design, bid, and construction phase services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. 15. MOTION NO. 2009 -090 Motion authorizing the City Manager or his designee to execute a professional services contract with Alan Plummer Associates, Inc., of Austin, Texas not to exceed $72,000 for consulting services necessary to coordinate review of various activities and research projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion Demonstration Project (EDDP) including natural and man - induced physical conditions, relating to the limited natural freshwater and tidal inflows including man -made programs to enhance inflows to the Delta to increase productivity. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Mayor Garrett opened discussion on Item 4 regarding the purchase of portable chemical toilet service. Council Member Hummell spoke regarding the 54% increase in pricing from the previous contract and the submittal of only one bid. Mr. Hummell asked whether this contract had to be bid by a local company. Assistant Director of Financial Services Michael Barrera stated that bids —4— Minutes — Regular Council Meeting April 14, 2009 — Page 5 were sent to a company in Aransas Pass, they chose not to bid and that Allied Waste Services is no longer providing this service. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2009 -081 Motion approving a supply agreement for portable chemical toilet service in accordance with Bid Invitation No. BI- 0054 -09 with Skid -O -Kan Co., of Corpus Christi, Texas based on only bid for an estimated annual expenditure of $71,940 of which $17,985 is required for the remainder of FY 2008 -2009. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett opened discussion on Items 6 and 7 regarding software for the Engineering Department. Director of MIS Michael Armstrong explained that this software is a new system for managing construction projects. Mr. Armstrong added that the first process will be installation of the Primavera software and the second process will be implementation in PeopleSoft. The following topics pertaining to this item were discussed: background of the system; the justification for purchasing 100 licenses; access to the system for contractors and the public; efficiency of the software; training; the responsible party for the management of the system; the total cost of the program; support to maintain the software; whether the software contracts include maintenance; if the MIS allocation will increase for the Engineering Department and by how much; compatibility of the software with PeopleSoft; and whether council members will have access. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2009 -083 Motion authorizing the City Manager or his designee to authorize the purchase of licenses and consulting services from Innovative Management Solutions of Plano, Texas to implement Primavera P6.2 Project Management program for engineering and construction projects at a cost of $38,149.20 for the software licenses, $12,000 for assessment of department current project management organization, $66,450 for the Primavera implementation fees and $8,467.60 for the first year annual license maintenance. Software licenses and consulting services are being purchased from GSA (US General Service Administration) authorized supplier at GSA software prices. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell and Kelly were absent. 6.b. MOTION NO. 2009 -084 Motion approving the purchase of continued annual maintenance from Innovative Management Solutions of Plano, Texas for the Primavera Project Management software solution subject to annual appropriation of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. —5— Minutes — Regular Council Meeting April 14, 2009 — Page 6 MOTION NO. 2009 -085 Motion approving the purchase of consulting services from Citagus Software of Duluth, Georgia to implement the PeopleSoft Project Costing Module for a not to exceed amount of $106,080. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Mayor Garrett opened discussion on Item 16 regarding a Real Estate Sales Contract with J. Palmer Green for construction of a parking area. Director of Engineering Pete Anaya stated that a series of public meetings were held in connection with the North Port Corridor Improvements. Mr. Anaya added that the improvements will affect head -in parking for several businesses and an agreement was reached to commit to provide 22 parking spaces adjacent to N. Port that can be utilized for those businesses. The following topics pertaining to this item were discussed: whether acquiring property for the construction of a parking lot for street improvements was a common practice; the time period of the project; having public parking owned by the City; the number of businesses the parking lot will serve; the number of employees at the businesses; consideration of the leasing the property; if the area is crowded; whether an appraisal was done on the property; the reason the City is responsible for providing parking; whether the parking spaces on the street will be restored; commitment to building the parking lot as part of the public involvement process; whether there are any other parking opportunities in the area; the current head -in parking; if this area of Port is the only area with head -in parking; demolition costs of the structures on the property; total cost of the project; whether the affected businesses are participating in the cost; required participation as part of the partially funded Texas Department of Transportation (TxDOT) project; and whether TxDOT funding will be eliminated if the Council does not support this item. City Secretary Chapa polled the Council for their votes as follows: 16. FAILED TO PASS Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with J. Palmer Green in the amount of $150,000 plus $1,950 in closing costs, for the purchase of fee simple property rights to land and improvements known as Parcel 3, described as Lots 1A through 1F, the East 42.19 feet of Lots 13 and 14, and the West 50 feet of Lots 15 and 16, Block 1, Sunnyside Addition, with the street address of 1821 N. Port Avenue, necessary for the North Port Avenue, IH -37 to US 181 Street Improvement Project and for other related public purposes. (Bond 2004) The foregoing motion failed with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "No "; Kelly was absent. Mayor Garrett opened discussion on Item 17 regarding speed limit decreases for the Christus Spohn Shoreline Hospital Zone. Council Member McCutchon stated that initiated this item because of concerns for citizens trying to cross the major parking lots at Spohn Hospital. Council Member McCutchon asked whether Elizabeth Street speed limits already existed. Traffic Engineer Charlie Cardenas said that the speed on Elizabeth Street currently existed and is being extended. In response to Dr. McCutchon, Mr. Cardenas explained-that the initial request for -6- Minutes — Regular Council Meeting April 14, 2009 — Page 7 Ayers Street was initiated Dr. McCutchon and that the Transportation Advisory Committee (TAO) recommended the entire complex. City Secretary Chapa polled the Council for their votes as follows: 17.a. FIRST READING ORDINANCE Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Ayers Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.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, McCutchon, Marez, and Martinez, voting "Aye'; Cooper and Kelly were absent. 17.b. FIRST READING ORDINANCE Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Elizabeth Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.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, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. 17.c. FIRST READING ORDINANCE Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Santa Fe Street between Ayers Street and Elizabeth Street from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00 p.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, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 23 regarding the creation of a Padre Island Gateway Municipal Management District. John Bell, representative for Golden Pointe, LLC, explained that this item is a proposal to allow for a municipal management district for property on Padre Island. Mr. Bell stated that the municipal management district would allow the property owner to establish an assessment rate and the necessary public infrastructure for the development. Mr. Bell added that similar bills from Dallas are currently being considered in the Texas Legislature as a tool to make developments easier to finance and make the property sellable. Mr. Bell said the bill will include the creation of a board of the municipal management district to be appointed by the City Council; the project plan and financing mechanism would have to be approved by the City Council; the City does not incur any liability on the part of the City; and the City can dissolve the district at any time. Curt Wilson with Golden Pointe, LLC, was available to respond to questions. The following topics pertaining to this item were discussed: the similar bills and projects in Dallas; the reason for the developer to put in its own infrastructure instead of utilizing the City's infrastructure; on -site public infrastructure improvements; financing development costs; municipal districts being established because equity is increasing and making it difficult to finance projects; whether there are municipal management districts that are residential; service and assessment plan; —7— Minutes — Regular Council Meeting April 14, 2009 — Page 8 collection of taxes; if the City can dissolve the district if there are outstanding bonds; the advantage to creating a district for a single property; La Palmera Mall; wetlands on the property; whether supporting the legislation would mean that the district would get created; liability; structuring the agreement that the City assumes no liability if the entity is dissolved; how the value is assessed; whether sale of the property would effect other surrounding properties; tax liens; whether the City has oversite of the infrastructure; if the infrastructure becomes the City's property; and the building of the private marina. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 028117 Resolution supporting Legislation to create a Padre Island Gateway Municipal Management District. The foregoing resolution was passed and approved with the following vote. Garrett, Cooper, Elizondo Hummell, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Kelly was absent. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet, spoke in protest to the Las Brisas project. Carolyn Moon, 4902 Calvin, spoke regarding the need to replenish the sand at Packery Channel. Foster Edwards, Corpus Christi Chamber of Commerce, provided an update of the windstorm insurance issue discussed in the legislature including HB 4733 and SB 14. Lisa Hernandez, 434 Villa drive, provided a resolution in support of increasing political participation and urging the Council to recruit and consider more women to the City's boards and commissions. John Kelley, 413 Waco, provided statistics regarding the Las Brisas plant. Jack Gordy, 4118 Bray, complained about street work on Brett Street and asked whether the City does an inspection of construction work after work is completed. Mr. Gordy stated that an appeal of the opinion of the 13th Court of Appeals regarding the lawsuit on council member health insurance was filed with the Supreme Court. Rudy Medina, 5413 Cain Drive, spoke regarding code enforcement violations on a commercial property on Holly Road. ** ** ** * * * * ** * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 25. Executive session under Texas Government Code Section 551.071, regarding contemplated litigation by Texas Department of Transportation (TXDOT) for damages to State Property, occurring on or about January 20, 2008, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 25. MOTION NO. 2008 -093 Motion authorizing settlement of claim of Texas Department of Transportation (TxDOT), for damages to State Property occurring on or about January 20, 2008, for the sum of $100,000, subject to certification of funds. -8- Minutes — Regular Council Meeting April 14, 2009 — Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye "; Kelly and Marez were absent. 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. 0309 -01, Ross & Judith Sisson: A change of zoning from a "B -2" Bayfront Business District to an "1 -2" Light Industrial District resulting in a change of land use from Bayfront Business to Light Industrial on property described as 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located at 2502 and 2512 Laguna Shores Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the requested "1 -2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject to a site plan for a pet groom /boarding business, small dog and cat rescue shelter and dog service, and therapy /training facility subject to ten (10) conditions. Interim Assistant Director of Development Services Faryce Goode -Macon explained that the ordinance would need to be amended to change Section E., from 6 -37 to 6 -158 and Section F., 6 -38 to 6 -159. Ms. Martinez made a motion to accept the amendment. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Council Member McCutchon asked for the reasons that staff is recommending that the business continue to operate based on the history and compliance problems. Ms. Goode -Macon stated that the applicant has a better understanding of the rules and regulations of the City. 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. 028113 Amending the Zoning Ordinance, upon application by Ross W. and Judith A. Sisson, by changing the Zoning Map in reference to 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, from "B -2" Bayfront Business District to "B -2 /SP" Bayfront Business District with a Special Permit to allow for a pet groom /boarding business, small dog and cat rescue shelter and dog service, and therapy /training facility, subject to a Site Plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. * * * * * * * * * * * * * -9- Minutes — Regular Council Meeting April 14, 2009 — Page 10 Mayor Garrett referred to Item 19 regarding the FY2009 Consolidated Annual Action Plan (CAAP). Daniel Gallegos, Community Development Administrator, referred to a powerpoint presentation including a general background of the citizen's participation process; Community Development Block Grant Program (CDBG); HOME Program (HOME), and ESG Program; FY2009 funding; additional funds; total funding available; and staff recommendations as noted in Attachment "D ". Mr. Gallegos clarified errors in the project descriptions for CDBG -Items 6, 10 and 39. Mr. Gallegos added that City Council adoption of funding will occur on Tuesday, April 21, 2009 A motion was made, seconded and passed to open the public hearing on the Consolidated Annual Action Plan: 19.a. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2009 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. Mayor Garrett called for comments from the audience. Juan Cardenas, The Ark Assessment Center, asked that the Council consider the full funding request of $24,999 for the ESG -Ark Assessment Center and Emergency Shelter for Youth. Larry Churn, Executive Director of Charlie's Place, thanked the City for their help and assistance and that they plan to move into the new facility by late summer or early fall. Eddie Jackson, Wesley Community Center, asked for consideration to fund CDBG - Wesley Community Center for security fencing. Jimmie McCurn, Mary McLeod Bethune Day Nursery, Inc., asked the Council to consider funding for CDBG -Mary McLeod Bethune Day Nursery to improve a deteriorating floor and build a new facility. Lynette Salas, New Life Fellowship, requested consideration to provide additional funding over the recommended $5,000. Diane Lawrence, Mental Health Mental Retardation (MHMR), stated that the CDBG -MHMR request is for repairs at the facility located at 1546 Brownlee Street and the HOME -MHMR request is for roof repairs and work at 1642 Brownlee. Ms. Lawrence added that MHMR appreciates the support from the City. Will Hinojosa, representative of the Regional Transportation Authority (RTA) Rapid Transit Accessibility Committee and the Committee for Persons with Disabilities, spoke in support of all of the accessibility projects. Veronica Trevino, Executive Director for Communities in Schools, asked for support of staffs recommendation. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez and passed. Council Member Marez made the following statement: "I publicly disclose that through my profession, I regularly deal with the ARK Assessment Center andthe Emergency Shelter for Youth. I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to the ARK Assessment Center and the Emergency Shelter for Youth." Council Member Leal made the following statement "I publicly disclose that I am a member of the Nueces County Community Action Agency Board. —10— Minutes — Regular Council Meeting April 14, 2009 — Page 11 I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related tc this board." The following topics pertaining to this item were discussed: the estimated entitlement allocation; when the official letter for funding will be received; projects for Helen Street, Theresa Street, and Bear Lane; if the requested for less funding for CDBG - Rehabilitation Services from the current year means that positions will be cut; the reason staff did not recommend funding for CDBG - West Point Crossing Infrastructure; the sources of the operating income for CDBG -New Life Fellowship; the primary purpose of CDBG funding; the percentage of funding recommended to governmental entities versus non - profit; the effect of reducing the allocation from CDBG- Program Administration; total cost for the new building for CDBG -Mary McLeod Bethune Day Nursery, Inc.; other sources of funding for CDBG -Mary McLeod Bethune Day Nursery, Inc.; leveraging of funds; covering the CDBG- Comprehensive Planning Assistance through the budget process; the maximum repair amount for CDBG- Emergency Home Repair Grant Program; the reason for increasing the request for CDBG- Emergency Home Repair Grant Program; the salary cost to operate the City funded programs; the hiring process of contractors for the CDBG- Emergency Home Repair Grant Program; the 4A funding for the CDBG -Model Block Program Neighborhood Revitalization; whether all of the current funding for CDBG - Residential Traffic Management Program has been used; explanation for funding the CDBG -Del Mar College /Business Resource Center; other sources of funding for the CDBG -Del Mar College /Business Resource Center; previous funding for CDBG - Communities in Schools; and how low income people are informed of the services provided by the Del Mar College Business Resource Center. Ms. Cooper made a motion to reduce the allocation from CDBG - Program Administration by $25,000 and increase the allocation for CDBG -Mary McLeod Bethune Day Nursery, Inc. by $25,000. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell voting "No "; Kelly was absent. Dr. McCutchon made a motion to eliminate the allocation from CDBG- Comprehensive Planning Assistance in the amount of $50,000 and increase the allocation for CDBG -Mary McLeod Bethune Day Nursery, Inc. by $50,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Dr. McCutchon made a motion to reduce the allocation from CDBG- Residential Traffic Management Program by $5,000 and increase the allocation for CDBG -Mary McLeod Bethune Day Nursery, Inc. by $5,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Cooper, Elizondo, McCutchon, and Martinez, voting "Aye "; Garrett, Hummell, Leal, and Marez, voting "No "; Kelly was absent. —11— Minutes — Regular Council Meeting April 14, 2009 — Page 12 Mayor Garrett made a motion to reduce the allocation from CDBG - Single Family Rehabilitation Loan Program by $40,000 and increase the allocation for CDBG - Coastal Bend Alcohol & Drug Rehabilitation Center d /b /a Charlie's Place by $40,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez voting "Aye "; Kelly was absent. Dr. McCutchon made a motion to eliminate the funding for CDBG - Zavala Senior Center Renovations and increase the allocation to CDBG -Mary McLeod Bethune Day Nursery, Inc. The motion failed for lack of second. Ms. Cooper made a motion to reduce the allocation from CDBG -Del Mar College /Business Resource Center by $23,000 and increase the allocation for CDBG- Communities in Schools. The motion failed for lack of second. Ms. Martinez made a motion to accept the ESG allocation as recommended. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Ms. Martinez made a motion to accept the HOME allocation as recommended. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. * * * * * ** ** * *** Mayor Garrett opened discussion on Item 23.1 the effective date of the smoking ordinance. Mayor Garrett called for comments from the audience. Hal George spoke regarding the impact of the ordinance and the reasons the delay is being requested. Mr. George stated that the bar owners are requesting a 60 day extension to allow the bars to address the patio requirements; fire requirements and permits; increased occupancy concerns; lending; enforcement; insurance and liability; and the definition of the ordinance. Frank Lazarte spoke regarding the Texas Alcohol Beverage Commission (TABC) permitting process; occupancy regulations; and fire regulations. Rick Haley, Co -Chair of Smoke Free Corpus Christi, spoke regarding timelines for commercial permitting and the lack of businesses to comply with the ordinance. Mr. Haley stated that the businesses should not be rewarded for irresponsible business practices. Deputy Director of Development Services Johnny Perales responded to questions regarding the issued permits. The following topics pertaining to this item were discussed: the number of businesses that have built patios; the reason that bar owners waited to ask for an extension; whether business are having problems with TABC permitting; clarified language in the ordinance; permitting timeline; the number of businesses that have applied for permits; and whether Development Services has met with the bar owners. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -12- Minutes — Regular Council Meeting April 14, 2009 — Page 13 23.1. ORDINANCE NO. Ordinance amending Ordinance No. 028007, which enacted new provisions related to smoking, to revise the Effective Date to June 15, 2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Garrett, Cooper, and Martinez, voting "No "; Kelly was absent. Mayor Garrett opened discussion on Item 26 regarding the Memorial Coliseum. Mayor Garrett announced that this item would be handled in open session. Director of Economic Development Irma Caballero explained that this item was an update on the work by Leisure Horizons; discussion on the financial assurance; and possible direction from the Council. Ms. Caballero introduced the presentation team including Joseph Prevratil, CEO of Leisure Horizons, Camille Capore with PKF Consulting, and Rocco Montesano, member of the Memorial Coliseum committee. Ms. Caballero referred to a powerpoint presentation including the project description; key elements of the project; preliminary cost estimates; attendance projections; revenue projections; projected annual hotel /motel and sales tax estimates; benefits to the City; and the development timeline. Ms. Caballero also spoke regarding conversations for financial assurances with Kennedy Funding Inc. Ms. Caballero stated that Kennedy Funding is prepared to lend Leisure Horizons 50% of value of the land lease and additional funds up to 50% of the capital improvements. Ms. Capore provided a powerpoint presentation on the economic impact of the project including the definition of economic impact; bases of numbers from construction costs, operations, activities, and services; total economic impact; hotel occupancy tax; sales tax revenues; and intangible elements. Mr. Montesano stated that the Convention and Visitors Bureau has been looking for another attraction for the City and said he would like to see the project work. Mr. Prevratil spoke regarding the funding and costs for construction. The following topics pertaining to this item were discussed: the number of children projected for attendance; the venues that children will be admitted for at half - price; whether the attendance projects for the exhibition and arena reflect the children's admission; new revenue for additional nights at hotels; the commencement date for construction; financial assurances; bridge funding from Kennedy; addressing the non - compete issues with the American Bank Center; attendance revenues for the American Bank Center and the Solomon Ortiz Center for meetings and banquets; and whether a lease is required before the funding commitment can be acquired. Ms. Martinez made a motion to continue negotiations with Leisure Horizons and to have the final lease and financial assurances by May 12`h. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly was absent. Mayor Garrett recognized a boy scout from Troop 255 that is currently working on his Citizenship in the Community badge. -13- Minutes — Regular Council Meeting April 14, 2009 — Page 14 Mayor Garrett opened discussion on Item 20 regarding the Packery Channel Quarterly Monitoring. Director of Engineering Services Pete Anaya explained that this item was for consideration of a contract with Texas A & M University — Corpus Christi for Amendment Number 3 to an ongoing contract for Packery Channel Quarterly Monitoring. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 028114 Ordinance appropriating $299,900 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008 -2009; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $299,900. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye'; Cooper, Kelly, and Martinez were absent. 20.b. MOTION NO. 2009 -091 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract between the City and Texas A &M University— Corpus Christi (Division of Nearshore Research) in the amount of $299,900 for a restated not to exceed amount of $614,122 for Packery Channel Quarterly Monitoring for 2009 -2010. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Cooper, Kelly, and Martinez were absent. Mayor Garrett opened discussion on Item 22.a. and 22.b., ordinance canvassing and declaring results of the April 4, 2009 election and calling the runoff election for Council Member District 3 and asked if council members had any problems with the results provided. Council Member Elizondo stated that he felt comfortable with the result as presented and called for a vote on both items. The Council concurred. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 028115 Ordinance canvassing returns and declaring the results of the General Election held on April 4, 2009, in the City of Corpus Christi, for the purpose of electing the Mayor, and eight Council Members. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were absent. 22.b. ORDINANCE NO. 028116 Ordinance ordering a Runoff Election to be held on May 9, 2009 in the City of Corpus Christi for the election of Council Member District Three; designating polling place locations; enacting provisions incident and relating to the subject and purpose of this ordinance. —14— Minutes — Regular Council Meeting April 14, 2009 — Page 15 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 21 regarding the order of priorities for implementation of Bond 2008 Projects. Director of Engineering Services Pete Anaya provided a brief overview of the considerations for the recommended Bond 2008 schedule including the Request for Proposal (RFP) process; the selection process; projects pending or under contract; the commitment made to the citizens; and explanation of the legend for the schedule; land acquisition and permitting issues; discussions with the contracting community and public agencies; corridor approaches; financing; utilities; and the main guiding principals. The following topics pertaining to this item were discussed: notifying the public of the project timelines; quality of work; if all of the paving assessments will be completed on the same timeline; whether the downtown streets work can be moved up; concerns that Robert Street can not wait for improvements until October 2012; the delay periods for Bear Street from Old Brownsville to SPID and Kostoryz Road from Sunnybrook to SPID; grant funding for Chaparral Street; who determines the company the receives engineering contracts; members of the engineering committee; job order contracting; and the work schedule for the Hike and Bike Trail — City Wide. Mr. Hummell made a motion for the Hike and Bike Trail — City Wide to establish a start date of August 10, 2009. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Dr. McCutchon made a motion to advance the Robert Street project with a target construction date of April 2010. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. — Mr. Marez made a motion to remove the five (5) month gap for the Downtown Streets — Chaparral project with a completion date of September 2011. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Ms. Leal made a motion to remove the 15 -month gap for Bear Lane from Old Brownsville Road to SPID. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. -15- Minutes — Regular Council Meeting April 14, 2009 — Page 16 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2009 -092 Motion to adopt the recommended order of priorities for implementation of Bond 2008 Projects. The foregoing motion was passed and approved as amended with the following vote: Garrett, Elizondo, Hummel!, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Kelly were absent. Mayor Garrett announced that Item 24 regarding the status of the Storm Water Drainage Utility Rate Development was postponed. ax * +ee *xa > + *+ There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:15 p.m. on April 14, 2009. -16- 2 Requested Council Action: 04/28/09 Alternate Date: 05/12/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with FARA Business Services, Inc. of Mandeville, LA for license and use of Auto & General Liability Database Management System, in accordance with Request for Proposal Number BI- 0095 -09, for an estimated one -year expenditure of $57,492, of which $9,582 is required for the remainder of FY 08 -09. The term of the service agreement will be for one year with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's auto and general liability claims. Funds are budgeted in the Liability/Employee Benefit Liability Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Award Basis: Funding: I" 2 The City of Corpus Christi is responsible for administering and tracking auto and general liability claims against the City. This claims management system allows the City to capture data and enhance the Human Resources Department's claims administration capabilities by providing a solution that is both web -based and web - hosted which will provide secure, reliable access, integrate accounting functions and include exposure and risk management audit data necessary to improve the efficiency and quality of analysis. A request for proposal was advertised and issued to twenty one service providers. Three proposals were received. One of which, from Computer Sciences Corporation, was deemed non - responsive as it was not firm. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Fee Schedule and Exceptions. An evaluation team comprised of representatives from the Municipal Information Systems Department and the Risk Management and Purchasing Divisions reviewed the proposals and scored each according to the criteria above. FARA Business Services, Inc. is recommended for award as it earned the highest overall score and represents the best overall value to the City. Liability/Employee Benefit Liability Fund 5611- 40500 - 537445 (2 months) $9,582 Michael B arrera Assistant Director of Financial Services —19— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL J. PIERCE One -Year Contract Request for Proposal No.:BI-0095-09 Auto & General Liability Database Software Summary Evaluation Matrix Maximum Evaluation Criteria Score Technical Solution 35 Proposer's Profile & Qual. 25 Fee Schedule 35 Exceptions 5 Total Score 100 FARA BUSINESS SERVICES, INC. Mandeville, LA RECORDABLES, INC. Venice, FL 28.4% 24.5% 21.0% 23.8% 35.0% 15.4% 5.0% 5.0% 89.4% 68.6% Total One -Year Award Amount $57,492.00 -20- $131,000.00 3 Requested Council Action: 4/28/09 Alternate Council Date: 5/12/09 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of thirteen (13) mobile data systems and accessories from Datalux Corporation, Winchester, VA, based on sole source for a total amount of $83,720. The mobile data units will be used by the by the Development Services Department. Financing for the mobile data units will be provided through the City's lease /purchase financing program. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Award Basis: The mobile data systems are computer tablets that will be used by Development Services Department inspectors. They will enable inspectors to access and input information as they are performing their inspections in the field. These tablets are detachable from the vehicle mounting units and can be used autonomously while in the field. Sole Source The mobile data systems are patent protected, United States Patents 7,093,545 B2 and 7,121,514 B2. Section (7)(A) of Chapter 252.002 of the Texas Local Government Code provides for an exemption from competitive bidding statutes where items are available from only one source because of patents. Datalux Corporation's mobile data systems are one -of -a -kind ruggedized computer tablets with a patented mounting system. Funding: Lease Purchase of Mobile Data Systems & Accessories Funding is provided through the City's lease /purchase financing agreement for a thirty -six month period. The estimated interest rate is 3.50 %. The actual interest rate will be determined after acceptance of the mobile data systems. The estimated annual payment is $29,438.04. Total estimated cost over the thirty-six month period, including principal of $83,720.00 and interest of $4,594.12, is $88,314.12. Development Services Department FY 08 -09 530190- 4670 -12201 $4,906.34 Total Amount: $4,906.34 The above amounts represent two (2) months of lease purchase payments required to support these awards. Funds for FY2009/2010 will be requested through the normal budget approval process. Michael : arrera Assistant Director of inancial Services —23— ( § / \2 C cn \jOwt xFag 3 ro E( §\2 cow °2 ko ƒ(2 ■ 3 05' *<a" gp • t • ? ;( }kk8 ( /))| 58'8 m ° B. c • = • -B) 03 43 NOIldI2IOS30 0 z -24— Ma- f§9 CS -> fQ- -o 8<w co oz- 2 ` 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Motion authorizing the lease/purchase of network equipment, telephone equipment, software, installation services and training from Calence, Inc. of Corpus Christi, Texas for a Police Department network upgrade and telephone system replacement for $795,444.00. Financing for a 60- monthterm will be provided by Key Government Finance, Inc. of Superior, Colorado. Total cost for the 60- month term will be $878,958.60. Calence, Inc. and Key Government Finance, Inc. are State ofTexas DIR recognized vendors. ISSUE: The existing telephone system at the Corpus Christi Police Department is an analog system that was purchased in 1989, and includes key components that are no longer manufactured or supported by any vendor. The Private Branch Exchange (PBX) unit was damaged during an electrical outage a few months ago, and Police Department does not currently have access to voice mail. The Police Department telephone system is not compatible with the digital telephone system in use by the remainder of the City of Corpus Christi. The internal and external network of the police Department does not provide sufficient bandwidth to provide efficient data transfer within Police Department Headquarters or between the Headquarters facility and remote Police Department facilities. The current state of the network will be an impediment to the development of advanced video services (surveillance and in -car video recording) that are currently in planning and evaluation stages. REQUIRED COUNCIL ACTION: City Council approval is required for all purchases over $50,000 PREVIOUS COUNCIL ACTION: No previous City Council action has been performed in this regard. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Attachments A ichael Arm Director of MIS —27— BACKGROUND INFORMATION The existing telephone system in the Corpus Christi Police Department was installed in 1989. It has been expanded using analog technology over a number of years. The remainder of the City of Corpus Christi converted its telephone systems to a digital network -based Voice- over -IP (VOIP) system approximately four (4) years ago. The Police Department system was not included in that transition. A few months ago an electrical outage caused all information systems, including the telephone system to fail. When power was restored to the Headquarters facility, it required several days to reactivate the PBX system that manages the Police telephone system. (This system is supported completely by Police personnel. Due to the age of the equipment, maintenance services are not available for the PBX or the analog phones that it supports.). When the PBX was reactivated, voice mail was no longer available on the system. There is a very real danger that should this equipment fail again it may not be restored to service, thus disrupting Police telephone service for an extended period of time. The existing network infrastructure in the Police Department does not provide sufficient bandwidth to accommodate high- bandwidth applications, particularly advanced video -based applications that are under evaluation by the Police Department at this time. The existing Connection between Police Headquarters and City Hall will not permit the replication (storage at a remote site) of critical data that would provide a reasonable level of redundancy and protection for critical data. The proposed acquisition will address these issues by providing the Police department with modern telephone technology and sufficient network bandwidth to accommodate its current and future data transmission needs. Key Government Finance, Inc. is the finance agent assigned for Government leasing programs by Cisco Systems Capital Corporation. Cisco Capital is a subsidiary of the Cisco Corporation, the standard supplier for the City's network. Key Govemment Finance, Inc. has proposed lease terms for a period of 60 months (5 years) for the lease /purchase of the proposed equipment, software and services. Payments for the proposed lease would be $14,649.31 per month for an annual total of $181,379.28. Total payments for the 60 -month term would be $878,958.60 Based on current plans and timelines, one (1) payment would be required during the current fiscal year. Funds for this payment are available in the current MIS budget. Funds for next year have been included in the MIS budget proposal. Funding for subsequent years are subject to Council approval. Contract Account Rate Dated Total Payment Billed No. —28— TBD 31543 4.0 04/01/2009 $795,444.00 $14,649.31 Monthly -29- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Motion authorizing refinancing of five (5) existing network equipment leases with Cisco Systems Capital Corporation with a total lease payment amount of $515,880.79 and reducing the total lease payment amount to $483,595.55 resulting in a reduction in the total lease payment amount of $32,285.24. All leases are for a 36 month term and have various amounts remaining, depending upon the initiation date of the lease. New financing will be provided by Key Government Finance, Inc. (a subsidiary of Cisco Systems, Inc.) Located in Superior, Colorado. Key Government Finance, Inc. is a State of Texas DIR recognized vendor. Lessee will be changed from the Corpus Christi Digital Community Development Corporation (CCDCDC) to the City of Corpus Christi. ISSUE: The City, through the Corpus Christi Digital Community Development Corporation, has five existing 36 -month leases for networking equipment currently financed by Cisco Systems Capital Corporation. These leases have been established at various times during the past two years. Refinancing these leases and changing the Lessee from the CCDCDC to the City of Corpus Christi will result in a total reduction in total lease cost of $32,285.34. The CCDCDC, by contract with the City of Corpus Christi, does not own the equipment that it is contracted to manage. Based on this fact and the current instability of credit markets, more favorable lease terms are available if the City of Corpus Christi is directly recognized as the lessee. REQUIRED COUNCIL ACTION: City Council approval is required to refinance payments from CISCO Systems Capital Corporation for 5 lease contracts, issued to CCDCDC to Key Government Finance, Inc. and re- issued through the City of Corpus Christi, using the same funding source as approved initially. PREVIOUS COUNCIL ACTION: City Council has previously approved the conduct of business between CCDCDC and its vendors in order to procure equipment and services through lease options. -33- CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Attachments —34— Michael Armst ".ng Director of MIS BACKGROUND INFORMATION Key Government Finance, Inc. is the finance agent assigned for Government leasing programs by Cisco Systems Capital Corporation. Cisco Systems Capital Corporation is a subsidiary of Cisco Corporation which is the standard equipment provider for City of Corpus Christi's data network. Key Government Finance, Inc. has proposed new lease terms which offer a lower interest rate than that previously approved through Cisco Systems Capital Corporation. The leases in question are currently budgeted with a combined current year payment of $334,307.50. Leases, with amounts financed and inception dates are shown below: Contract No. 24866127 24939683 24941654 24941015 24941661 Account Quote Dated Total No. Payment Billed 31543 31543 31543 31543 31543 64371 64463 64493 64531 64513 10/31/2007 3/12/2008 4/9/2008 12/11/2007 4/9/2008 $569,927.75 $91,703.37 $238,665.96 $68,940.00 $33,685.41 Current Annual Payment A comparison of existing and proposed new amounts is shown below. Contract No. Lessor Remaining total on Lease Lessor $189,975.92 $30,567.79 $79,555.32 $1,915.00 $11,228.47 $334,307.50 Annual Annual Annual Monthly Annual New total Lease Payment 24866127 CSCC 24939683 CSCC 24941654 CSCC 24941015 CSCC 24941661 CSCC Current Payoff $189,975.92 $62,212.35 $159,404.64 $81,530.94 $22,756.94 $515,880.79 Key Gov. Finance Key Gov. Finance Key Gov. Finance Key Gov. Finance Key Gov. Finance New Payoff $177,576.89 $58,158.50 $149,010.68 $77,968.41 $21,281.47 $483,595.55 `Includes additional discount of $400.40 All leases are for a 36 -month term. There will be no change in the end date of any lease. In both current and proposed leases, the City may acquire the leased equipment for the amount of $ 1.00 at lease end should it elect to retain the equipment beyond the lease term. In both instances, the City may at any time negotiate a mid -lease buyout based on the fair market value of the equipment at the time of the proposed buvout. —35— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/28/2009 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $394,454 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in- kind services of $14,019, and program income cash match of $18,698, for a total project cost of $810,949 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The ATPA is soliciting applications for continuation grants for projects underthe ATPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for 8years. FUNDING: Year 9 of the grant requires at least a 20% match by the City that may be cash, in- kind, or program income. ATPA considers the three General Fund officers working in the Auto Theft Unit to be a cash match and operating expenses to be in -kind. In -Kind Contribution — copy machine, supplies, and office space 14,019 Cash contribution — travel expenses from grant program income 18,698 Cash Contribution - three General Fund Auto Theft officers salaries /fringe benefits 383,778 CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. Attachments: ✓ Grant application J. Walsh Acting Chief of Police -39- BACKGROUND INFORMATION The City of Corpus Christi is applying for Year 9 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 55% from 1,515 to 685 in 2008. The grant provides funds for one Lieutenant to supervise the Unit, two swom CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three swom officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. —40— RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $394,454 TO THE AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 9 WITH A CITY CASH MATCH OF $383,778, IN -KIND SERVICES OF $14,019, AND A PROGRAM INCOME CASH MATCH OF $18,698, FOR A TOTAL PROJECT COST OF $810,949 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $394,454 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in -kind services of $14,019, and a program income cash match of $18,698, for a total project cost of $810,949 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: April 16, 2x09. Bv: T. Trisha P:ng Assistant City Attorney For City Attorney Reso - grant- AutoTheft3.doc —41— 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Reso-grant- AutoTheft3.doc —42— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/28/2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi, Nueces County, City of Port Aransas, and City of Robstown to establish terms for the sharing of the 2009 Edward Byme Memorial Justice Assistance Grant (JAG) Program Award. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $1,132,124 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2009 Edward Byme Memorial Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, City of Port Aransas under the established interlocal agreements. Grant funds will be used for the enhancement of law enforcement efforts by the four entities. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: Approval of the interlocal agreements and approval to submit the grant application. FUNDING: There is no match required of the grant. Funds are available for a 4 -year period beginning 10/01/2009 (the first fiscal year of the appropriation). CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application and approval of the interlocal agreement. Attachments: Interiocal Agreements M. J. Walsh Acting Chief of Police -45- BACKGROUND INFORMATION A. Funds have been distributed as follows by the federal government: State Jurisdiction Name Government Type Eligible Individual Allocation TX NUECES COUNTY County $543,042 TX CORPUS CHRISTI CITY Municipal $543,042 TX PORT ARANSAS CITY Municipal $13,666 TX ROBSTOWN CITY Municipal $32,374 TOTAL $1,132,124 All four entities must submit a joint application for the aggregate of funds allocated above, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. Representatives of each of the jurisdictions listed above met and agreed that the City will serve as the lead agency. Additionally because the City of Corpus Christi and Nueces County have been declared a disparate jurisdiction, both jurisdictions have agreed to split the funds 50/50. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Each entity is required to submit an interlocal agreement stating they agree to the designated share of funds. Nueces County Commissioners Court will approve the interlocal agreement on April 29. The City of Robstown City Council approved the interlocal agreement on April 13, and the City of Port Aransas City Council approved the interlocal agreement on April 16. B. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $4,295,769 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data /Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. The Police Department proposes to purchase various law enforcement equipment such as emergency equipment for patrol units, case management/interrogation software, body armor, proximity readers /monitors, bar code system for property room, upgrades to the property room, upgrade 800 MhZ radio system for Project 25 compliance, digital imaging management system download station and cameras, upgrade to the gang tracking database, license plate readers, radio system for bomb robot, dive team equipment, and SWAT and bomb squad equipment. Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the District Attorney's office and other law enforcement equipment. The City of Port Aransas will purchase tasers and the City of Robstown will purchase Digital Video mirrors for six vehicles. -46- RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, CITY OF PORT ARANSAS, AND CITY OF ROBSTOWN TO ESTABLISH TERMS FOR THE SHARING OF THE 2009 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute an interlocal agreement between the City of Corpus Christi, Nueces County, City of Port Aransas, and City of Robstown to establish terms for the sharing of the 2009 Byrne Memorial Justice Assistance Grant (JAG) Program Award. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS j0 FORM: April 8, 2009. T. Trisha Dang Assistant City Attorney For City Attorney Resol - IntAg - ByrneAwd.doc Henry Garrett Mayor —47— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol -I ntAg- ByrneAwd.doc -48- 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $1,132,124 TO THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR FUNDING ELIGIBLE UNDER THE FY 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, FUNDS TO BE DISTRIBUTED TO NUECES COUNTY, CITY OF ROBSTOWN, CITY OF PORT ARANSAS UNDER THE ESTABLISHED INTERLOCAL AGREEMENTS. GRANT FUNDS WILL BE USED FOR THE ENHANCEMENT OF LAW ENFORCEMENT EFFORTS BY THE FOUR ENTITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $1,132,124 to the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, City of Port Aransas under the established interiocal agreements. Grant funds will be used for the enhancement of law enforcement efforts by the four entities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: April 8, 2009. Henry Garrett Mayor T. Trisha Dang Assistant City Attorney For City Attorney —49— Corpus Christi, Texas of , 2009 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 —50— GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COUNTY OF NUECES, TEXAS 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this day of , 2009, by and between the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50 %) of the eligible individual allocation of funds received for CITY and COUNTY from the JAG award, currently estimated to be $543,042.00: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. —51— GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50 %) of the eligible individual allocation of funds received for CITY and COUNTY from the JAG award, estimated at $543,042.00. Section 2. COUNTY agrees to use the JAG funds received from CITY under this agreement for the enhancement of law enforcement by September 30, 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. —52— GMS APPLICATION NUMBER Executed in duplicate each of which constitutes an original on this day of , 2009. CITY OF CORPUS CHRISTI COUNTY OF NUECES Angel Escobar City Manager ATTEST: Armando Chapa City Secretary APPROVED S TO FORM: ette •. ar j Laura Garza Jimenez Assistant City Attorney County Attorney Samuel L. Neal, Jr. County Judge Diana Barrera County Clerk -53- GMS APPLICATION NUMBER THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN, TEXAS 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this day of , 2009, by and between the CITY OF ROBSTOWN, acting by and through its governing body, the City Council, hereinafter referred to as ROBSTOWN, and the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Govemment Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of govemmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each goveming body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide ROBSTOWN $32,374.00 from the JAG award: and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. -54- GMS APPLICATION NUMBER NOW THEREFORE, ROBSTOWN and CITY agree as follows: Section 1. CITY agrees to pay ROBSTOWN a total of $32,374.00 of JAG funds received from this award. Section 2. ROBSTOWN agrees to use the $32,374.00 of JAG funds received from CITY under this agreement for the enhancement of law enforcement until end of grant period 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. -55- GMS APPLICATION NUMBER Executed in duplicate each of which constitutes an original on this day of , 2009. CITY OF CORPUS CHRISTI CITY s`, ROBS WN Angel Escobar City Manager ATTEST: Armando Chapa City Secretary P ROVED TO FORM: Y ette ' gull istan ity Attorney City Attorney c Rodrig• amon Mayor il, Paula Wakefield City Secretary Armando Gonzalez -56- GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF PORT ARANSAS, TEXAS 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this day of , 2009, by and between the CITY OF PORT ARANSAS, acting by and through its governing body, the City Council, hereinafter referred to as PORT ARANSAS, and the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the PORT ARANSAS $13,666.00 from the JAG award: and WHEREAS, the CITY and PORT ARANSAS believe it to be in their best interests to reallocate the JAG funds. —57— GMS APPLICATION NUMBER NOW THEREFORE, PORT ARANSAS and CITY agree as follows: Section 1. CITY agrees to pay PORT ARANSAS a total of $13,666.00 of JAG funds received from this award. Section 2. PORT ARANSAS agrees to use the $13,666.00 of JAG funds received from CITY under this agreement for the enhancement of law enforcement until end of grant period 2013. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against PORT ARANSAS other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. -58- GMS APPLICATION NUMBER Executed in duplicate each of which constitutes an original on this day of , 2009. CITY OF CORPUS CHRISTI CITY OF PORT ARANSAS Angel Escobar Michael Kovacs City Manager City Manager ATTEST: Armando Chapa City Secretary APPROVED TO FORM: YZtteAgw ar A istant City Attorney Esther Arzo av City Secretary ike Morris City Attorney -59- 8 AGENDA MEMORANDUM April 28, 2009 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit applications for and accept grants from the Federal Aviation Administration for projects at the Corpus Christi International Airport in order to meet time- sensitive deadlines and to execute all related documents. ISSUE: The Federal Aviation Administration (FM) funds major capital improvements at Corpus Christi International Airport through its Airport Improvement Program (AIP) grants. The FAA's grant program is now structured to encourage timely and efficient use of available funds. Accordingly, the City is often required to apply and accept grants within a week or two of notification. As a result of the time - sensitive nature of the grant awards and City Council agenda deadlines, staff is requesting general authority to submit and accept FAA grants. Formal appropriation of funds by the City Council will still be required after grant receipt. FUNDING: Not required at this time. RECOMMENDATION: Approval of the resolution as presented. ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Fernando A. Segundo Director of Aviation —63— BACKGROUND INFORMATION ADDITIONAL INFORMATION: Subject to federal funding appropriations, the City receives FAA Grants for various improvements including : • Airport runway and taxiway systems • Storm water drainage • Airfield Rescue and Fire Fighting (ARFF) Station • Airport perimeter road • Maintenance Facility Building These grants are for 95% of the project(s) cost with the Airport matching 5 %. Authorization to submit and accept the grants will expedite the award process. —64— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS FOR AND ACCEPT GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION FOR PROJECTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN ORDER TO MEET TIME- SENSITIVE DEADLINES 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 submit applications for and accept grants from the Federal Aviation Administration for projects at Corpus Christi International Airport in order to meet time - sensitive deadlines and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 16, 2009 twALO‘r as_ 1.0 Eli �],'eth R. Hundl As tant City Attorney for the City Attorney EHres229.doc Henry Garrett Mayor —65— Corpus Christi, Texas day of , 2009 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 -66- 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Ordinance appropriating $907,292 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $432,842 into the Airport 2000A Debt Service Fund No. 4640 and $424,450 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements and reimbursing $50,000 to the Airport Capital Reserve Fund 3020A for airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $907,292; and declaring an emergency. ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration and fund the debt service on bonds issued for completed terminal building improvements. PFC revenue must be appropriated prior to any expenditure. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: On July 15, 2008, City Council approved Ordinance 027758 appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $1,856,054; and declaring an emergency. FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $907,892 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A: Background Ordinance —69— Fernando A. Segundo Director of Aviation BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FM on June 7, 2001 and was approved by the FM on June 25, 2001. The approved amendment includes revisions to project scopes and /or budgets for completed, in- progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council- adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. ADDITIONAL PREVIOUS COUNCIL ACTION: 1. September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2. September 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31, 1998 (Ord. 023057) 3. December 18, 1997 - Ordinance to submit an application (No. 2) to FM to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1, 1998 (Ord. 023165) 4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1, 2023. (Ord. 024603) 5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord. 024585) 6. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to January 1, 2027. (Ord. 025166) Exhibit A -70- 7. March 25, 2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY 2002 -2003 Capital Budget adopted by Ordinance no. 025144 to increase appropriations by $995,812; and declaring an emergency 8. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002 -2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency. (Ord 025519) 9. May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency. (Ord. 025743) 10. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord. 026112) 11. July 25, 2006Ordinance appropriating $ 729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $ 729,319 and declaring an emergency (Ord. 026885) 12. July 25, 2006 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency. (Ord. 026887) 13. July 25, 2006 Ordinance appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 20042005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declaring an emergency (Ord. 026886) 14. August 29, 2006 Ordinance appropriating$1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641; and declaring an emergency ( Ord. 026960) -71- Exhibit A AN ORDINANCE APPROPRIATING $907,292 FROM THE UNRESERVED FUND BALANCE IN PASSENGER FACILITY CHARGE FUND NO. 4621 AND TRANSFERRING $432,842 INTO THE AIRPORT 2000A DEBT SERVICE FUND NO. 4640 AND $424,450 INTO THE AIRPORT 2000B DEBT SERVICE FUND NO. 4641 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS AND REIMBURSING $50,000 TO THE AIRPORT CAPITAL RESERVE FUND 3020A FOR AIRPORT DRAINAGE IMPROVEMENTS; CHANGING THE FY2008 -2009 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $907,292; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funding, in the amount of $907,292, is appropriated from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 to be used as follows: transfer $432,842 into the Airport 2000A Debt Service Fund No: 4640 and $424,450 into the Airport 2000B Debt Service Fund No. 4641 for debt service on Airport improve- ments; and reimburse $50,000 to the Airport Capital Reserve Fund No. 3020A for Airport drainage improvements. SECTION 2. The FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 is changed to increase appropriations by $907,292. SECTION 3. 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 , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary ROVED: Apr 16, 2009 Eli : • -th R. Hundl y As -tant City Attorney for the City Attorney EHord254.doc —72— Henry Garrett Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord254.doc —73— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: An ordinance amending ordinance 027996, adopted on December 16, 2008, by substituting a corrected Exhibit A, which describes the boundaries of the Reinvestment Zone Number Three, City of Corpus Christi, Texas; providing for severance; providing for publication; and declaring an emergency. ISSUE: Amend Ordinance 027996 to correct and incorporate changes to the metes and bounds boundary description of the Tax Increment Reinvestment Zone. PREVIOUS COUNCIL ACTION: Council approved an ordinance for the creation of Reinvestment Zone Number Three (Downtown TIF) on December 16, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval to amend Ordinance 027996 by substituting a corrected Exhibit A, which describes the boundaries of Reinvestment Zone Number Three. Irma Caballero Director of Economic Development —77— BACKGROUND INFORMATION On December 16, 2008, the City of Corpus Christi proposed to create a Tax Increment Financing Zone (TIF) over a portion of the city that includes approximately 856 acres. Its boundaries encompass the city's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street. There were a couple of minor errors in the metes and bounds description that need to be corrected so the boundary closes and matches the map of the zone that was Exhibit B to Ordinance 027996. Ordinance 027996 is being amended to correct Exhibit A. —78— AN ORDINANCE AMENDING ORDINANCE 027996, ADOPTED ON DECEMBER 16, 200S BY SUBSTITUTING A CORRECTED EXHIBIT A, WHICH DESCRIBES THE BOUNDARIES OF THE REINVESTMENT ZONE NUMBER THREE, CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 027996, adopted on December 16, 200$, is amended by substituting corrected Exhibit A, which describes the boundaries of Reinvestment Zone Number Three, City Of Corpus Christi, Texas. The revised exhibit is attached to and incorporated into this ordinance. SECTION 2 If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3 Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. 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 , 2009. —79— ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 21st day of April, 2009: R y R ning First As istant City Attorney For City Attorney DOWNTOWN TIF BOUNDARY ORD -- 04202009R —80— 2 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon DOWNTOWN TIF BOUNDARY ORD - 04202009R —81— EXHIBIT A Boundary Description for Tax Increment Financing District #3 BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right -of -way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A -2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right -of -way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A -2" zoning line extending parallel and approximately 1,040 feet from the East right -of -way line of South Shoreline Boulevard to its intersection with a second "A -2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwesterly along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Downtown TIF EXHIBIT A 04212009 — 82-A -1 Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of Padro Street the existing northwest frontage road of I.H. -37 for a point; Thence Northeast along the centerline of Padro Street said existing northwest frontage road of I.H. -37 to its intersection with the South right -of -way line of Broadway Street for a point; Thence along the South right -of -way line of Broadway Street to its intersection with the westerly extension of the South right -of -way line of Belden-Concrete Street for a point; Thence Northeast along the South right -of -way line of Belden - Concrete Street extension, to its intersection with the north right -of -way line of Broadway Street the Railroad right -of -way for a point; Thence Northwesterly along the North right -of -way line of Broadway- Streetthe Railroad right -of -way to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southwcsteast property line to its intersection with the South boundary line of Lots 1, Block 58, of the Beach Addition; Thence West along the Woct South boundary line of Lots 1, Block 58, of the Beach Addition, to its Southwest corner for a point; Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right -of -way line of Resaca Street; Thence Northeast along the South right -of -way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of East Port Avenue, for a point; Thence Southwest along the centerline of East Port Avenue, to its intersection with the West right -of -way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right -of -way line of Sam Ranking Street and its extension, to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Downtown TIF EXHIBIT A 04212009 Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes. Beach Addition Block 55 Lots 10 thru 12 Downtown TIF EXHIBIT A 04212009 — 84-A -3 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Nueces County relating to the participation of the City and the County in Reinvestment Zone Three, City of Corpus Christi, Texas. ISSUE: The City and County desire to participate in the Reinvestment Zone for the purposes of development in the Reinvestment Zone Area (Downtown) for their mutual benefit and the benefit of the citizens. PREVIOUS COUNCIL ACTION: Council approved an ordinance for the creation of Reinvestment Zone Number Three (Downtown TIF) on December 16, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval to execute an Interlocal Cooperation Agreement with Nueces County relating to the participation in Reinvestment Zone Three. Irma C allero Director of Economic evelopment —87— BACKGROUND INFORMATION On December 16, 2008, the City of Corpus Christi proposed to create a Tax Increment Financing Zone (TIF) over a portion of the city that includes approximately 856 acres. Its boundaries encompass the city's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street. The primary function of the TIF Zone will be the planning, design, and construction of public improvements. The TIF Zone is expected to be only one of a variety of funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. Through the improvement and enhancement of streets, sidewalks, and public spaces in addition to upgrading infrastructure, the TIF Zone and other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, and improve public facilities and spaces. The City and the County agree to participate in the Reinvestment Zone by each contributing into the Tax Increment Fund 100% of its tax increment each year during the term of this agreement on the captured appraised value of real property within the Reinvestment Zone. The current tax rates of the City and County are subject to change and the respective tax increment participation in this agreement pledged shall change to the extent of any change in their tax rates. The agreement becomes effective as of the date of the final signature to the agreement and remains in effect through December 31, 2028. The City's Economic Development Department will be presenting this agreement, for action, to the County in May. —88— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY RELATING TO THE PARTICIPATION OF THE CITY AND THE COUNTY IN REINVESTMENT ZONE THREE, CITY OF CORPUS CHRISTI, TEXAS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Nueces County relating to the participation of the City and the County in Reinvestment Zone Three, City of Corpus Christi, Texas. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ,J /-srday of April, 2009. R. t_tay'Re4ng / First Assistant City Attorney For City Attorney Downtown TIF Interlocal Res — 04202009.doc Henry Garrett Mayor —89— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Downtown TIF Interlocal Res -- 04202009.doc —90— Page 2 of 2 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT This Interlocal Agreement ( "Agreement ") is made by and between the City of Corpus Christi, Texas ("City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and Nueces County, Texas ( "County "), acting by and through its governing body, the Commissioners Court. This Agreement is made under Chapter 791, Texas Government Code, and Chapter 311, Texas Tax Code, for the participation of the City and the County in Reinvestment Zone Three, City of Corpus Christi, Texas ( "Reinvestment Zone "), a reinvestment zone created by the City under Chapter 311, Texas Tax Code. Section 1. DEFINITIONS. (a) As used in this Agreement, the following terms have the meanings set out below: "Agreement' means this agreement between the City and County. "Agreement Term" is defined in Section 4. "Captured Appraised Value" has the meaning ascribed by Chapter 311, Texas Tax Code. "City' is defined in the preamble of this Agreement. "City's Tax Increment Participation" means an amount of the City's ad valorem tax levy on the Captured Appraised Value, which the City agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "County" is defined in the preamble of this Agreement. "County Tax Increment Participation" means the amount of ad valorem taxes levied by the County acting through its Commissioners Court on the Captured Appraised Value, which the County agrees to contribute to the Reinvestment Zone under Sections 3 and 4 of this Agreement. "Creation Ordinance" means City Ordinance No. 027996, adopted by the City Council on second reading at its December 16, 2008 meeting. "Plan" means the project plan and reinvestment zone financing plan for the Reinvestment Zone, which are adopted by the board of directors of the Reinvestment Zone and approved by the City Council of the City, as consistent as possible with the preliminary plan described in the Creation Ordinance. Downtown TIF Interlocal 04202009Rev.doc Page 1 of 5 —91— "Reinvestment Zone" means Reinvestment Zone Number Three, City of Corpus Christi, Texas, created by the Creation Ordinance, incorporated by reference into this Agreement. "Reinvestment Zone Area" means the area of the City included in the Reinvestment Zone as described in the Creation Ordinance. "Tax Increment" has the meaning ascribed by Chapter 311, Texas Tax Code, and includes taxes levied and collected by the County for itself and for the benefit of the Nueces County Hospital District. "Tax Increment Fund' means the tax increment fund created by the City in the City Treasury for the Reinvestment Zone. (b) Terms used in this Agreement and not otherwise defined have the meanings ascribed to them in Chapter 311, Texas Tax Code. Section 2. PURPOSE FOR PARTICIPATING IN THE ZONE. The City and the County desire to participate in the Reinvestment Zone for the purposes of development in the Reinvestment Zone Area under the Plan, for their mutual benefit and the benefit of their citizens. Section 3. OBLIGATIONS OF CITY AND COUNTY. (a) Tax Increment Participation. For and in consideration of the agreements of the parties set forth in this Agreement, the City and the County agree to participate in the Reinvestment Zone by each contributing into the Tax Increment Fund one hundred percent (100 %) of its Tax Increment each year during the term of this Agreement on the Captured Appraised Value of real property within the Reinvestment Zone. The current tax rates of the City and County are subject to change and the respective Tax Increment Participation in this Agreement pledged shall change to the extent of any change in their tax rates. (b) Payment Dates. The City and the County may not be obligated to pay their respective Tax Increment Participation from other City or County taxes or revenues or until the City or County Tax Increment Participation is actually collected. The obligation to pay the City or the County Tax Increment Participation commences as taxes representing the City or the County tax increment are collected for the City or the County and payment shall be due fifteen (15) days after collection. Section 4. TERM OF AGREEMENT. (a) This Agreement becomes effective as of the date of the final signature to this Agreement, and remains in effect through the earlier of (i) December 31, 2028, or (ii) the date on which the Plan has been fully implemented and all Project Costs (as defined in §311.002, Texas Tax Code, and as may be further limited in the Plan), bonds, notes, or other obligations secured by or payable from, in whole or in part, Tax Increment (referred to in this Agreement as "obligations "), and interest on the obligations payable Page 2of5 -92- Downtown TIF Inter local 04202009Rev.doc from Tax Increment collected on the Captured Appraised Value of the real property within the Reinvestment Zone have been paid in full. (b) The first payment of Tax Increment by the City under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2008, and the payment shall be based upon those taxes as levied in the year 2008. The first payment of Tax Increment by the County under this Agreement is based upon the tax increment base for the property within the Zone being determined as of January 1, 2009, and the payment shall be based upon those taxes as levied in the year 2009. The last payment of Tax Increment by the taxing units under this Agreement is for those taxes levied in the year 2028. (c) If the project to be undertaken under the Plan is not undertaken, is discontinued, or is terminated, all monies remaining in the Tax Increment Fund, after satisfaction of lawful claims, must be paid to the participating taxing units in proportion to their respective share of the total amount of tax increments derived from taxable real property in the Zone that were deposited in the Tax Increment Fund during the Fund's existence. In no event shall payment of monies to the participating taxing units exceed ninety (90) days. Section 5. ANNUAL REPORT. On or before the 90th day following the end of the fiscal year of the City, the governing body of the City shall submit to the chief executive officer of each taxing unit, the County, that levies property taxes on real property in a reinvestment zone created by the City, a report on the status of the zone. The contents of the report must contain all information required under section 311.016 of the Texas Tax Code. Section 6. MISCELLANEOUS. (a) Severability. In the event any term, covenant, or condition in this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity does not affect any other term, covenant, or condition in this Agreement contained, provided that the invalidity does not materially prejudice either the County or the City in their respective rights and obligations contained in the valid terms, covenants, or conditions of this Agreement. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties to this Agreement and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied), or other terms with respect to the covenants, whether written or verbal, antecedent, or contemporaneous, with the execution of this Agreement. (c) Written Amendment. Unless otherwise provided in this Agreement, this Agreement may be amended only by written instrument duly executed on behalf of each party. Downtown TIF Interlocal 04202009Rev,doc Page 3 of 5 —93— (d) Notices. (1) All notices required or permitted under this Agreement must be in writing and must be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the other respective party at the address prescribed below, or at such other address as the receiving party may have prescribed by notice to the sending party. (2) The initial addresses of the parties, which a party may change by giving written notice of its changed address to the other party, are as follows: City 'Angel R. Escobar City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Nueces County Samuel L. Neal, Jr. Nueces County Judge Nueces County Courthouse 901 Leopard Corpus Christi, Texas 78401 (e) Non - Waiver. Failure of any party to this Agreement to insist on the strict performance of any of the agreements in this Agreement or to exercise any rights or remedies accruing under this Agreement upon default or failure of performance may not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation under this Agreement, or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement binds and benefits the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Reinvestment Zone or any officer, agent, or employee of the County. (g) No Waiver of Immunity. No party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained in this Agreement. IN WITNESS OF THIS AGREEMENT, the City and the County have made and executed this Agreement in multiple copies, each of which is an original. Downtown TIF Interlocal 04202009Rev.doc Page 4 of 5 —94— CITY OF CORPUS CHRISTI NUECES COUNTY 'Angel R. Escobar Samuel L. Neal, Jr. City Manager Nueces County Judge Date: Date: ATTEST /SEAL: ATTEST: Armando Chapa Diana Barrera City Secretary County Clerk Date: Date: APPROVED AS TO FORM: R. Jay Reining First Assistant City Attorney For City Attorney Downtown TIF Interlope! 04202009Rev.doc Page 5 of 5 —95— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28,2009 AGENDA ITEM: RESOLUTION AUTHORIZING THE NAME CHANGE OF THE CITY OF CORPUS CHRISTI HEALTH DEPARTMENT ANIMAL CARE AND VECTOR SERVICES CENTER, TO THE CITY OF CORPUS CHRISTI HEALTH DEPARTMENT TEX VILLARREAL ANIMAL CARE AND VECTOR SERVICES CENTER, AS RECOMMENDED BY THE ANIMAL CONTROL ADVISORY COMMITTEE. ISSUE: Mark A. Villarreal, son of Tex Villarreal, sent a letter to City Councilman Larry Elizondo, attached, outlining his father's work during his forty -one (41) year tenure with the City of Corpus Christi, Vector Control Department. Mr. Mark A. Villarreal requested that considering his father's hard work, dedication and effort to mosquito control and eradication in the community of Corpus Christi, the City of Corpus Christi Health Department Animal Care and Vector Services Center be named the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center in honor of his father. REQUIRED COUNCIL ACTION: Approval of the Resolution. City Council Policy states that "Final decisions regarding the naming of city facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies." CONCLUSION AND RECOMMENDATION: The Animal Control Advisory Board recommends changing the name of the City of Corpus Christi Health Department Animal Care and Vector Services Center, to the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center. Attachments —99— eborah Walther Brbwrf Assistant City Attorney For City Attorney BACKGROUND INFORMATION Tex Villarreal started the mosquito control program in 1944 at the request of the United States Government. During his forty -one (41) year tenure with the Vector Control Department, his pioneering work set the standard for mosquito control and eradications not only around the country, but also around the world as well. During the St. Louis Encephalitis outbreak of 1966, Tex Villarreal and the City of Corpus Christi were propelled to national and world prominence when he developed the means for underground sewer fogging, which is where the disease — carrying species was breeding; His retirement in1985 was the end of an era that had seen the entire mosquito control program landscape change forever. The quality of life and health of the generations of Corpus Christians has been positively impacted by the hard work, dedication and tireless efforts of this man, who simply wanted to benefit his community. In honor of Tex Villarreal, the Animal Control Advisory Board wishes to change the name of the City of Corpus Christi Health Department Animal Care and Vector Services Center, to the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center. —100— December 19, 2008 Mr. Larry R. Elizondo, Sr. City Colin lman, District 5 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Elizondo, I come before you this day to respectfully request the consideration of the City Council, the Honorable Mayor of Corpus Christi, and the citizens of the City of Corpus Christi to rename the present Animal ControlNector Control facility on Holly Road to Tex Villarreal Animal and Vectrol Control Center, in honor of my father and the man who started the mosquito control program in 1944, at the request of the U.S. Government. During his 41 -year tenure with the department, his pioneering work set the standard for mosquito control and eradication not only around the country, but also around the world as well. It was the St. Louis Encephalitis outbreak in 1966 that propelled Tex Villarreal and the City of Corpus Christi to national and world prominence when he developed the means for underground sewer fogging, which is where the disease- carrying species was breeding. His retirement in 1985 was the end of an era that had seen the entire mosquito control program landscape change forever. The quality of life and health of the generations of Corpus Christians had been positively impacted by the hard work, dedication and tireless efforts of this man, who simply wanted to benefit the community and its citizens. Your kind consideration in this matter would be a fitting tribute and deep honor to his family, friends and people of Corpus Christi. Respectfully submitted, 4 Mark A. Villarreal -101- Vol 3 No 6 , * City of Corpus Christi, Texas August, 1980 CETA program covers 11 counties Act provides to the City is forming a partnership with adjoining coun- ties. The city and 11 counties selected this option, forming a Consortium which measures 10,000 square miles in size. The primary governing body for the program is the Executive Committee, which is comprised of 16 members, eight from Corpus Christi, and the other half from other areas of the Consortium. The city's representatives include the mayor and City Council. "The Executive Committee makes the major funding decisions and sets policies which govern the administration of the program," Bosquez said. "The CETA Ad- ministration office provides the day -to -day administration of the program." The Coastal Bend Consortium provides several different programs, and people who qualify for CETA services are referred to the program that will best serve their needs. A person requiring a high school equivalency certificate could enroll The following article on CETA Ad- ministration is the last in a series of ar- ticles depicting the activities of the Department of Planning and Urban Development. The CETA :• Administration office, like its name, has the respon- sibility of administering the Corn - prehensive Employment and Train- ing Act of 1973 (CETA) for the City of Corpus Christi and the 11 counties which comprise the Coastal Bend Consortium. CETA director Juan M. Bosquez explained the purpose of CETA is to provide employment and training opportunities to the economically disadvantaged. During this fiscal year, the Coastal Bend Consortium has received around $23 million to be used in providing CETA services. CETA programs can be adminis- tered separately by each political jurisdiction, but one option the Ed Vela and JoAnn Dominguez work in the monitoring section of CETA Administration. Walter Moore, a contractor (left), Leah Olivarri, and David Boyd, both planners, review contract packages for Fiscal Year 1981. -102- CETA Director Juan Bosquez in a remedial education program. Someone needing specific training might enter one of CETA's skill training programs which offer a variety of occupations. Another option is on- the -job training with an employer in the private sector. CETA provides jobs for partici- pants through Public Service Em- ployment, where the individual works for local and county govern- ments, school districts, or non- profit community -based organiza- tions. The Coastal Bend Youth Pro- gram offers remedial education for youth who are present or poten- tial high school dropouts. This program also provides employment to youth while they're in school. Long before participants begin enrolling in the program, much preparation goes into deciding what programs should be funded to meet the specific needs of the Consortium. Around 60 CETA Administration employees help ...continued on page 2 Vector Control fights never - ending battle The City- County Health Depart- ment's Vector Control Division works to control disease- trans- mitting insects, animals, and situa- tions ,throughout the city, and county; Director of Vector Control Tex Villarreal refers to his staff's work as a "race against time" — one that demands constant activity and special efforts when problems arise. In addition to Villarreal, the 14- member Vector Control staff includes nine control section mem- bers and four inspectors who carry out surveillance. Division duties include spraying the city with insecticides in order to control insects, such as flies and mosqui- toes; consultation and investigation work, which involves responding to citizen complaints; and inspection and treatment of sanitary landfills, wastewater treatment plants, dis- posal containers and areas where sanitation problems might exist. "Ninety percent of our control work involves spraying for mos- quitoes," said Villarreal. Mosqui- toes breed after rainy periods, and also filter into the area from salt marshes and standing water miles from Corpus Christi. "The goal is to break the living cycle after mosquitoes hatch," Villarreal explained. "Often that requires working at night, from 8 p.m. to 8 a.m. when we can effectively eliminate the problem." Although up to 60 varieties of mosquitoes inhabit the area, most are harmless, and can be eliminated with periodic spraying. Serious attention, however, is paid to the "Southern House" or "Culex" mos- quito, which can transmit ence- phalitis, a sometimes fatal disease which results in swelling of the brain in humans. "Fortunately," said Villarreal," we haven't had a suspected case of human encephalitis since an out- break in 1966." At that time, Hurricane increases mosquito problems Hurricane Allen resulted in the largest hatch of mosqui- toes in the last four years, according to Director of Vec- tor Control Tex Villarreal. "After the storm, we received hundreds of calls from people who couldn't carry out normal activities around the house," said Villarreal, "That's how bad it was." Due to the efforts of Villarreal's staff, however, the problem has greatly subsided. "We have six fogging machines working night and day," he explained. "Crewman concen- trate on the fringes of the city, then work to cover the entire city limits." Villarreal noted that this year's dry weather provided the time for a large mosquito hatch, since dry weather en- ables the insects to lay eggs in area river beds and salt marshes. "The torrential rains associated with the hurricane resulted in the large number of mosquitoes that have co- vered the city," said Villarreal. Although the recent hatch of mosquitoes is now under control, Vector Control staff members remain prepared to do battle. "September is our busiest month," Villarreal ex- plained, "so we'll be working to keep things under control." —103— the Vector Control Division created a new approach to combating mosquitoes. "We adapted foggers traditionally used for above - ground spraying for_ use in the city's catch basins; a primary breeding place for the Culex mosquito." The results have been very suc- cessful for Corpus Christi, accord- ing to Villarreal. Although the local Vector Control Division is small compared to others around the state and country, scientists from throughout the U.S. and foreign countries have visited here to study local mosquito control techniques. Corpus Christi's tropical climate makes vector control a year -round effort, And since the Culex mos- quito breeds during dry, hot weather, this year has been a busy one for Villarreal's staff. During the winter months the Vector Control crew plays a game of catch -up in spraying sanitary sewers for roaches, and responding to inquiries about rodents and other pests. "It's a never - ending effort," remarked Villarreal,' -who says his main goal is to "protect the lives of local citizens." Director of Vector Control Tex Villarreal uses a microscope to identify culex mos- quito. REPITIV 'D AUG 06 1985 A newsletter for Texas Depe tment of Health employees and affiliated health service de ivery personnel Medical Directors Named For Public Health Regions Medical directors have been named in three public health regions to fill vacancies brought about by two retirements and one transfer. Chosen to direct the wide range of regional activities were: *Dr. Bettie McClintock in Public Health Region 2/12, replacing Dr. C. R. AllenJr. who moved to the Region 5 directorship. 'Dr. Albert G. Randall in Public Health Region 3, replacing the retir- ing Dr. John L. Bradley. Acting direc- tor is Dr. Earl Gorby pending the ar- rival of Dr. Randall on September 1. 'Dr. Jorge A. Flores in Region 9, replacing the retiring Dr. Rodger G. Smyth. DR. BETTIE. McC1JNTOCR Public Health Region 2/12 Dr. McClintock came to Region 2/12 on June 1 from New Mexico. The Arkansas native served for 10 years as district health director for the State of New Mexico and was in the private practice of pediatrics in Clovis, N.M. She is a diplomate of the American Board of Pediatrics and fellow of the American Academy of Pediatrics. Dr. Randall, current director of the Austin - Travis County Health Department, began a distinguished public health career as director of the Amarillo Bi -Clty- County Health Department in 1958. He served as director of the Cameron - Hidalgo County Health Department, where he was instrumental in establishing a comprehensive tuberculosis pro- gram in conjunction with the chest hospital in Harlingen. Dr. Randall joined the Texas Department of Health as director of the Tuber- culosis Control Division in 1966. He served as director of the Houston Ci- ty Health Department for seven years, was commissioner of health in South Carolina, and returned to Texas in 1979 to direct the Austin - Travis County unit. Dr. Flores has been serving as director of the Hidalgo County Health Department for the past year. He joined the Texas Department of Health in 1982 as a public health resi- dent in Austin and gained experience in local, state, and regional opera - (continued on page 4) -104- JUNE -JULY 1985 OR. ALBERT G. .RANDALL PubilcHealib Region 3 DR. JORGE A. FLORES' Public Health Region 9 Vector Control Innovator Retires at Corpus Christi Tex Villarreal, an innovator in mosquito control with the Corpus Christi- Nueces County Health Department, retired May 31 after 40 years of vector control work. During his tenure, initially as the only vector control employee in Corpus Christi, Villarreal battled the carriers of yellow fever, malaria, typhus, polio, and encephalitis. Because of his efforts, Corpus Christi was the first city in the coun- try to fog underground sewers in the fight against Culex, the St. Louis A relaxed Tex Villar- eal contemplates re- tirement from his strenuous activities in Corpus C-hrisa encephalitis mosquito. Corpus Christi also is one of the few cities whose mosquitoes have built up no tolerance to insecticides because diesel oil, not insecticides, is used on standing pools of water. In 1966, when Corpus Christi had 100 diagnosed cases of St. Louis encephalitis, Villarreal took his search for the Culex mosquito underground. He found that shifting earth created little dams in the sewer system. This proved to be the major breeding ground for the mosquito, -105- and fogging of sewers made vector control history. Fogging is done year - round. Villarreal, who just turned 65, doesn't plan to fade away to an easy chair. He had open heart surgery four years ago and has made a good recovery. `'I'm fit enough to keep doing the work," he said. Villarreal hopes to keep his hand in at the work he's done so well as a consultant to the Corpus Christi - Nueces County Health Department. Dedeke Leaves Shellfish Post Eddie Dedeke Jr., manager of the shellfish program in LaMarque, is retiring after 28 years with the Texas Department of Health. Dedeke, whoplans to "take it easy and do some fishing," began his career in 1957 in Austin with the Division of Sanitary Engineering. He transferred to the Marine Resources Division (now Shellfish Sanitation Control), moved to Port Lavaca on January 2, 1970, and then was transferred to LaMarque in October 1970. Dedeke's retirement is effec- tive on August 31. The LaMarque office is in charge of inspecting shellfish plants and taking regular water and mud samples in oyster growing areas to assure the proper environment for harvesting the shellfish. Serving in the LaMarque office are Paul McCartney, Charlie Gray, Nor- man Rice, Darrell Vickers, and Secretary Hilda Bradley. Region 4 Employees Hold Weighty Contest Thirty -one Abilene employees in Public Health Region 4 are involved in a weight loss contest. The contest began April 26 and will end July 22, with announce- ment of the four winners on July 26. Contest winners will be decided on the percentage of weight loss. Twenty -six prizes have been donated by employees and will be split among the winners. City Horizon Mosquito man to retire FOR MOST OF US, mosquitos are maddening facts of life on the coast. For Tex (Augustin) Villarreal, they've been a source of study for forty-one years. in 1944, the feds hired Villarreal to initiate studies of two species, aedes aegyptl, which carries yellow fever, and anopheles, the spreader of malaria. There was a war on, you know, this was a military town, and people feared a major outbreak of those diseases as troops moved in and out of Corpus Christi. WWII ended without an outbreak, and Villarreal was asked to start a vec- tor control program for the City. At that time, Nueces County had the highest instance of typhus fever of any county in the country. To assist his work, Villarreal pur- chased war surplus fog machines in 1947. They had been •ased in the South Pacific to create a smoke screen and hide troops landing on islands. Filled with pesticide, they killed mosquitos. Over the years, millions of mos- quitos have gone to their rewards (if any) because of Villarreal. Although he's retiring, Tex passes along some hints on controlling the pests. "At home, use aerosol bombs. It's easy to say what I won't do when I retire: wash dishes, clean and babysit. — Villarreal They're lethal against mosquitos here because we never spray pesticide on standing water. Mosquitos usually lay their eggs In standing water. If we spray it. the survivors will be immune to pesticides. Right now, all the species of mosquitos in Corpus Christi are very susceptible to pesticides." You can help reduce the mosquito population by not letting water stand around your home. If it must be there. Villarreal suggests putting a drop of kerosene or diesel all in the water to kill ally eggs. If the water will evaporate in a:few days, it's okay to leave, since the life cycle of most species is only six to eight days." For smokers, Villarreal has good news: "Cigarette smoke will keep most mosquitos away and can even kill some species." (Never mind what it might be doing to the smoker.) So what is Villarreal going to do when retired on May 31? "Maybe I'll die in two weeks, like my mosquitos! It's easier to say what. I won't do. and that's wash dishes, clean and baby -sit. If my wife bugs me to mow the lawn. I swear I'll just die!" We wish Tex the best of times in his retirement and also wish he would take all his mosquitos with him. -106- CORPUS CHRISTI- NUECES COUNTY DEPT OF PUBLIC HEALTH 1702 Horne Rd. P.O. Box 9727 Corpus Christi, Texas 78489 February 15, 1985., .. Tex Villarreal Vector Control Supervisor Dear Tex: In the five years I have been with this department, the most distressing thing to happen to me is your decision to retire. 1 know the general perception is that nobody is irreplaceable but in your case that really is true. You are Mr. Vector Control not only in Corpus Christi but in the State of Texas. And from what I have heard in my travels around the country, many experts in entomology and mosquito control consider you one of the most knowledgeable people in the U.S. or even the Western Hemisphere. It will be extremely difficult for me and the whole department to manage without you, but, with a stiff upper lip, I will do my best. I really appreciate your willingness to put off your retirement long enough for us to search for a person to try to follow your footsteps and fill the large empty space you will leave behind you. I hope you will be available to help us train this individual. 1 would like to take this opportunity to give you my personal thanks for everything you have taught me, and also for the many lives you have saved in this community by your effective work in vector control. Thank you most sincerely for the time you have given the city, county, state and country in the past 40 years, and for your undying efforts to improve the state- of -the- art in mosquito control. Most sin -ly your C.M.G. Buttery, M.D., MY.H. Director of Public Health xc: Bill Hennings, Assistant City Manager —107— Y-1-\c». dot, ►G1$A rsrig tit; �Va�r,'�f �La6quixa 1z6pulo aa�x d nj$fi 4aas -108— -109- -110- Tuft & 14 1951 aver the city peaard fg to nor .::g1.100:19- i5b (M $utt ry Buttery said the presece; pf ;';fire ants i?s ah Ihareang problem Fire 6,..:614: ; prtpupg a paififul sttng,on hurians nntl 'animals; Amtlr4, a pgshaftle thar,nas proved sudoesstul" in killing ilre;Pnts, Is ayellat31e at" the"Nueces"Gounty, Gomrnlssloner's warehouses for $4 per , pound.1 —1 1 2 — • CARPUS GHRISTI,'TEXAS 4(�j1uesdsy Nov. 13,191. RESOLUTION AUTHORIZING THE NAME CHANGE OF THE CITY OF CORPUS CHRISTI HEALTH DEPARTMENT ANIMAL CARE AND VECTOR SERVICES CENTER, TO THE CITY OF CORPUS CHRISTI HEALTH DEPARTMENT TEX VILLARREAL ANIMAL CARE AND VECTOR SERVICES CENTER, AS RECOMMENDED BY THE ANIMAL CONTROL ADVISORY COMMITTEE. WHEREAS, Tex Villarreal started the mosquito control program in 1944 at the request of the United States Government; WHEREAS, during his forty -one (41) year tenure with the Vector Control Department, his pioneering work set the standard for mosquito control and eradications not only around the country, but also around the world as well; WHEREAS, during the St. Louis Encephalitis outbreak of 1966, Tex Villarreal and the City of Corpus Christi were propelled to national and world prominence when he developed the means for underground sewer fogging, which is where the disease — carrying species was breeding; WHEREAS, his retirement in 1985 was the end of an era that had seen the entire mosquito control program landscape change forever; WHEREAS, the quality of life and health of the generations of Corpus Christians has been positively impacted by the hard work, dedication and tireless efforts of this man, who simply wanted to benefit his community; and WHEREAS, in honor of Tex Villarreal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The name change of the City of Corpus Christi Health Department Animal Care and Vector Services Center, to the City of Corpus Christi Health Department Tex Villarreal Animal Care and Vector Services Center, as recommended by the Animal Control Advisory Committee, is hereby authorized. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi —113— APPROVED AS TO FORM: April 20, 2009 eborah Walther Brown Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2009 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 Page 2 of 2 Resolution authorizing the naming of the Tex Villarreal Animal Care and Vector Services Center -114- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit an application to KaBOOM!, a national nonprofit organization of Washington, D.C., for recognition as a "Playful City USA Community ". ISSUE: The City of Corpus Christi, Parks and Recreation Department is applying to KaBOOM! For recognition as a Playful City, to increase awareness of the benefits of outdoor activity and availability of play in our community, to gain special incentive opportunities and highway signs in honor of our Playful City USA status, to improve our ability to raise outside funds, to receive priority status in accessing all KaBOOM! resources, and to be included in a national media campaign with local media support. REQUIRED COUNCIL ACTION: Authorization to submit a grant application to KaBOOM!, for recognition as a 'Playful City USA Community ". PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff supports the application for this recognition. ATTACHMENTS: Background Sally Ga , Director Parks an Recreation Department —117— Background Playful City USA is a national recognition program honoring cities and towns across the nation who are creating an agenda for play. Through the Playful City USA application process, communities create a framework based on five commitments. The Playful City USA program is a unique self- assessment tool that assists communities in identifying the local play assets and play deficits, and in developing a rigorous action plan driven toward increasing quality, quantity, and access for play in our city. As a Playful City USA, our community will: • Create a generation of children who are happier, smarter, and healthier • Increase awareness to the benefits and availability of play in our community • Improve our ability to raise outside funding and business sector support • Receive honors and recognition at several national conferences of our peers • Gain special incentive opportunities and highway signs in honor of our Playful City USA status. • Be included in a national media campaign and provided with local media support • Receive priority status in accessing all KaBOOM! resources —118— Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT AN APPLICATION TO KABOOM!, A NATIONAL NONPROFIT ORGANIZATION OF WASHINGTON, D.C., FOR RECOGNITION AS A "PLAYFUL CITY USA COMMUNITY." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute documents necessary to submit an application to KaBoom!, a national nonprofit organization of Washington, D.C. for recognition as a "Playful City USA Community." ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: April 14, 2009 Lisa Aguildr Assistant City Attorney for the City Attorney Henry Garrett Mayor C: \DOCUME- 1 \IisaA \LOCALS- 1\Temp\XaBoom! Playful City designation resolution.doc —1 1 9— Page 2 of 2 Corpus Christi, Texas of 2009 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 C: \DOCUME- 1\IisaA \LOCALS- 1 \Temp'XaBoom! Playfu 3ity designation resolution.doc 14 AGENDA MEMORANDUM City Council Action Date: April 28, 2009 SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road (Project No. 6498) Phase 2 from Graham Road to Don Patricio (Project No. 6499) CIP No. Bond Issue ST 24 & 25 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $1,256,500 for design, bid and construction phase services for Flour Bluff Drive (Bond Issue 2008): • Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road • Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Fost r rowelli Director of Wastew. ter Services V. ie Gray, Dir °.tor of Storm ater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Location Map 2 , Pete Anaya, P.E. Director of Engineering Services L `/�- Gustavo Gonzalez, P.E. Director of Water Services H:WOME RechelIe \GENNStreels\6496 & 6499 -Flour Bluff DriveW9enda Memo doc 123— AGENDA BACKGROUND INFORMATION SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road (Project No. 6498) Phase 2 from Graham Road to Don Patricio (Project No. 6499) CIP No. Bond Issue ST 24 & 25 PROJECT DESCRIPTION: Both phases of street work will consist of the reconstruction and widening of the existing unimproved two -lane roadway with a turning lane where necessary. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project will include a bike path on both street sections. Phase 1 will also include the creation of a new offsite drainage outfall. CONTRACT DESCRIPTION: The consultant, Urban Engineering, will perform the following tasks: A. BASIC SERVICES 1. Preliminary Phase (Phase 1 and 2) A. Prepare scope of soil investigations. B. Staff Meetings - Attend and participate in one (1) project start meeting and four (4) planning meetings with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Department staff. C. Design Memorandum C1. Review project with Operating Departments (Water, Wastewater, Storm Water, and Gas Departments). C2. Review and investigate available records. C3. Identify results of site field investigation. Recommend necessary survey work to evaluate existing conditions. The recommendation will include the location of public and private utilities, structures, right -of -way (ROW) boundaries and critical elevations for adjacent structures and obtain easement information. Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters. C4. Provide presentation of pertinent factors. C5. Advise of environmental site evaluations and archeology reports. C6. Identify and analyze requirements of governmental authorities. C7. Confer, discuss, and meet with City Operating Departments. EXHIBIT "A" Page 1 of 4 H:( HOME \Rochelle \GEMStreets\649886499 -Flour Bluff Drive'gentle Beckground.doc —124— C8. Provide a letter stating that NE and sub - consultant engineers have checked and reviewed design memorandum prior to submission. C9. Provide an analysis of project impacts. 2. Design Phase (Phase 1 and 2) A. Study, verify, and implement design memorandum recommendations. B. Prepare construction bid and contract documents (1 set -60 %). Develop a preliminary construction schedule and sequencing plan. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding. C. Prepare preliminary plan sheets. D. Provide assistance with identification, testing, handling, and disposal of hazardous materials. E. Prepare final quantities and estimates of probable costs. F. Prepare pre -final plans and bid documents (100 %). G. Assimilate all .review. comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed from the City Engineer. H. Provide Quality Assurance /Quality Control. I. Prepare Traffic Control including Traffic Plan in accordance with Texas M.U.T.C.D. J. Upon approval, provide one (1) set final plans and contract documents and provide one (1) electronic copy. K. Submit monthly status reports. L. Provide a Storm Water Pollution Prevention Plan. M. Coordinate with City Traffic Engineering and AEP for street light sleeve locations. NE will provide conduit and pull box layout in design with spare conduit for MIS. AEP will design and install poles separately. 3. Bid Phase (Phase 1 and 2) A. Participate in pre -bid conference and provide recommended agenda. B. Assist City in solicitation of bids. C. Review all pre -bid questions and submissions. D. Attend bid opening. H:WOME\Rachelle\GEMStreetsl8496 & 6499 -Flour Bluff DrivelAgenda Background.doe —125— EXHIBIT "A" Page 2 of 4 E. Revise bid documents. F. Provide letter to City Engineer on recommendation to whom to award the construction project. 4. Construction Phase (Phase 1 and 2) A. Participate in pre- construction meeting. B. Review shop and working drawings. C. Provide testing schedule and review field and laboratory tests. D. Provide interpretations and clarifications of contract documents. E. Make regular visits to site of project (two per month). F. Prepare change orders as authorized by City. G. Make final inspection with City staff. H. Review and assure compliance with plans and specifications. I. Review construction "red -line" drawings, prepare record drawings. J. Review and prepare monthly construction pay estimates. B. ADDITIONAL SERVICES (Phase 1 and 2 except as noted) 1. Permitting A. TxDOT Permits /Coordination (Phase 1 only): Coordinate design construction with Texas Department of Transportation maintained roadways. B. NPDES Permit: Prepare NPDES permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities. C. Texas Department of Licensing and Regulation:A/E will pay all fees and coordinate with a local Registered Accessibility Specialist. D. U.S. Army Corp of Engineers (USACE) E. Any Related Issues with Existing Pipelines within Right of Way (ROW): Provide coordination as required to facilitate relocation or abandonment of existing pipelines located within street right -of -way. F. Texas Historical Commission (Phase 1 only): Review offsite channel route for conflicts with existing and found historically significant sites. Provide archeological survey of proposed offsite channel route. 2. Right of Way (ROW) Acquisition Survey (Phase 1 only) 3. Topographic Survey - Provide limited additional design surveys and provide limited construction verification surveys. EXHIBIT "A" Page 3 of 4 H: IHOME\Rechelle \GEN1Streets16498 8 6499.Flour Bluff Drive1Agenda Backgr1ournd doc 26— 4. Environmental Issues 5. Construction Observation Services 6. Warranty Phase 7. Public Meeting - Participate in two public meetings (one for each phase) to coordinate with the community and to obtain community support for each project to include all necessary exhibits as directed by the City. 8. Subsurface Utility Investigation — Determine field location of existing utilities using Texas One -Call System (coordinate with appropriate City Operating Departments). NE will investigate areas of high probability of conflict with proposed improvements. 9. Offsite Drainage Facility (Phase 1 only) A. Incorporate design of an offsite outfall for discharge of storm water to fully coordinate with preliminary, design, bid and construction phases of Phase 1 Flour Bluff Drive project. B. Design will evaluate hydraulic conditions of the entire contributing drainage basin to the ouffall channel assuming full development. Channel section shall be capable of transporting a 100 -year storm flow within the acquired drainage easement. C. Update Drainage Master Plan panels as necessary to incorporate new drainage patterns and facilities. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H: IHOMEIRechellelGEFMStreete16496 86499 -Flour Bluff Dr1ve14genda Background.del 27— EXHIBIT "A" Page 4 of 4 PRIOR PROJECT ACTIONS SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road (Project No. 6498) Phase 2 from Graham Road to Dori Patricio (Project No. 6499) CIP No. Bond Issue ST 24 & 25 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H 1HOME\Rechelle \GENISIreets\6498 8 6499 -Flour Bluff Drive \Prior Actionsaci 28— CONTRACT SUMMARY SUBJECT: Flour Bluff Drive (BOND ISSUE 2008) Phase 1 from S.P.I.D. to Graham Road (Project No. 6498) Phase 2 from Graham Road to Don Patricio (Project No. 6499) CIP No. Bond Issue ST 24 & 25 The project is located on Flour Bluff Drive and includes two phases as follows: Phase 1 includes the street section from South Padre Island Drive to Graham Road and Phase 2 includes the street section from Graham Road to Don Patricio. Both phases of street work will consist of the reconstruction and widening of the existing unimproved two -lane roadway with a turning lane where necessary. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project will include a bike path on both street sections. Phase 1 will also include the creation of a new offsite drainage outfall. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE Phase 1 including Off -Site Drai DAY DATE ACTIVITY Tuesday April 28, 2009 Begin Preliminary Phase Friday July 10,2009 Submit Draft Design Memorandum Friday July 24, 2009 City Review Monday August 24, 2009 Submit Final Design Memorandum Friday September 4, 2009 City Review Friday September 4, 2009 Begin Design Phase Monday December 7, 2009 Pre -Final Submittal Friday December 18, 2009 City Review Monday January 11, 2010 Final Submittal Monday (2) Feb. 1 & 8, 2010 Advertise for Bids Wednesday February 9, 2010 Pre -Bid Conference Wednesday February 24, 2010 Receive Bids Weekday April 2010 Begin Construction Weekday November 2010 Construction Completion *Note: Schedule assumes Phase I will be constructed first and a drainage outfall has been acquired, designed and is part of the Phase I construction contract. H :IHOMEIRachelle \GENISIreets1649B 8 6499 -Flour Bluff Brive\Conlracl Summary doe —129— Phase 2 DAY DATE ACTIVITY Tuesday April 28, 2009 Begin Preliminary Phase Friday July 10,2009 Submit Draft Design Memorandum Friday July 24, 2009 City Review Monday August 24, 2009 Submit Final Design Memorandum Friday September 4, 2009 City Review Friday September 4, 2009 Begin Design Phase Monday March 22, 2010 Pre -Final Submittal Friday April 16, 2010 City Review Monday May 10, 2010 Final Submittal Monday (2) May 31 & June 7, 2010 Advertise for Bids Thursday June 10, 2010 Pre -Bid Conference Wednesday June 23, 2010 Receive Bids Weekday August 2010 Begin Construction Weekday March 2011 Construction Completion 4. FEES Flour Bluff Drive, Phase 1 from SPID to Graham (Project No. 6498 H, ■WOMEViatelle\GEMSIreels1649B & 6499.Flour Bluff Drive \Contract Summary floc -130- Street Storm Water Wastewater Gas Total Water Basic Services 1 Preliminary Phase $65,910.00 $15,210.00 $18,252.00 $0.00 $2,028.00 $101,400.00 2 Design Phase 109,850.00 25,350.00 30,420.00 0.00 3,380.00 169,000.00 3 Bid Phase 10,985.00 2,535.00 3,042.00 0.00 338.00 16,900.00 4 Construction Phase 32,955.00 7,605.00 9,126.00 0.00 1,014.00 50,700.00 Subtotal Basic Services 219,700.00 50,700.00 60,840.00 0.00 6,760.00 338,000.00 Additional Services 1 Pemit Preparation (Authorized) TXDOT NPDES Permit/Amendments Texas Department of Licensing & Reg. U.S. Army Corps of Engineers Related Issues with Existing Pipelines within ROW Texas Historical Commission Subtotal Permit Preparation 1,950.00 1,625.00 975.00 13,000.00 1,950.00 1,625.00 21,125.00 450.00 375.00 225.00 3,000.00 450.00 375.00 4,875.00 540.00 450.00 270.00 3,600.00 540.00 450.00 5,850.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 60.00 50.00 30.00 400.00 60.00 50.00 650.00 3,000.00 2,500.00 1,500.00 20,000.00 3,000.00 2,500.00 32,500.00 2 ROW Acquisition Survey 9,750.00 2,250.00 2,700.00 0.00 300.00 15,000.00 3 Topographic Survey (Authorized) 16,250.00 3,750.00 4,500.00 0.00 500.00 25,000.00 4 Environmental Issues 1,950.00 450.00 540.00 0.00 60.00 3,000.00 5 Construction Observation Services (based on 8 months) 81,250.00 18,750.00 22,500.00 0.00 2,500.00 125,000.00 6 Warranty Phase 1,300.00 300.00 360.00 0.00 40.00 2,000.00 7 Public Meeting (Authorized) 1,950.00 450.00 540.00 0.00 60.00 3,000.00 8 Subsurface Utility Engineering Report (Authorized) 13,000.00 3,000.00 3,600.00 0.00 400.00 20,000.00 9 Offsite Drainage Facility 50,700.00 11,700.00 14,040.00 0.00 1,560.00 78,000.00 Subtotal Additional Services 197,275.00 45,525.00 54,630.00 0.00 6,070.00 303,500.00 Total Phase 1 416,975.00 96,225.00 115,470.00 0.00 12,830.00 641,500.00 H, ■WOMEViatelle\GEMSIreels1649B & 6499.Flour Bluff Drive \Contract Summary floc -130- Flour Bluff Drive, Phase 2 from Graham to Don Patricio (Project No. 6499 HAHOMEViachelle\GEMStreets \6498 & 6499 -Flour Bluff Drive \Contracl Summary doc -131- Street Storm Water Wastewater Gas Total Water Basic Services 1 Preliminary Phase 62,250.00 17,430.00 19,920.00 22,410.00 2,490.00 124,500.00 2 Design Phase 103,750.00 29,050.00 33,200.00. 37,350.00 4,150.00 207,500.00 3 Bid Phase 10,375.00 2,905.00 3,320.00 3,735.00 415.00 20,750.00 4 Construction Phase 31,125.00 8,715.00 9,960.00 11,205.00 1,245.00 62,250.00 Subtotal Basic Services 207,500.00 58,100.00 66,400.00 74,700.00 8,300.00 415,000.00 Additional Services 1 Pemit Preparation (Authorized) TXDOT NPDES Permit/Amendments Texas Department of Licensing & Reg. U.S. Army Corps of Engineers Related Issues with Existing Pipelines within ROW Texas Historical Commission Subtotal Permit Preparation 0.00 1,250.00 750.00 10,000.00 1,500.00 0.00 . 13,500.00 0.00 350.00 210.00 2,800.00 420.00 0.00 3,780.00 0.00 400.00 240.00 3,200.00 480.00 0.00 4,320.00 0.00 450.00 270.00 3,600.00 540.00 0.00 4,860.00 0.00 50.00 30.00 400.00 60.00 0.00 540.00 0.00 2,500.00 1,500.00 20,000.00 3,000.00 0.00 27,000.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 0.00 3 Topographic Survey (Authorized) 10,000.00 2,800.00 3,200.00 3,600.00 400.00 20,000.00 4 Environmental Issues 1,500.00 420.00 480.00 540.00 60.00 3,000.00 5 Construction Observation Services (based on 8 months) 62,500.00 17,500,00 20,000.00 22,500.00 2,500.00 125,000.00 6 Warranty Phase 1,000.00 280.00 320.00 360.00 40.00 2,000.00 7 Public Meeting (Authorized) 1,500.00 420.00 480.00 540.00 60.00 3,000.00 8 Subsurface Utility Engineering Report (Authorized) 10,000.00 2,800.00 3,200.00 3,600.00 400.00 20,000.00 9 Offsite Drainage Facility 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal Additional Services 100,000.00 28,000.00 32,000.00 36,000.00 4,000.00 200,000.00 Total Phase 2 307,500.00 86,100.00 98,400.00 110,700.00 12,300.00 615,000.00 HAHOMEViachelle\GEMStreets \6498 & 6499 -Flour Bluff Drive \Contracl Summary doc -131- The estimated cost of construction for Flour Bluff Drive, Phase 1 from S.P.I.D. to Graham and Phase 2 from Graham to Don Patricio including Offsite Drainage Facility is $10,415,000. The basic services fee for both phases of the project is $753,000. Therefore, the percentage of basic engineering services cost to construction cost is 7.98 %. H:IHOME\Rachalla\GEN S 'eels16498 8 6499 -Flour Bluff Driva\Conlraci Summary.doc -132- Street Storm Water Wastewater Gas Total Water Basic Services 1 Preliminary Phase 128,160.00 32,640.00 38,172.00 22,410.00 4,518.00 225,900.00 2 Design Phase 213,600.00 54,400.00 63,620.00 37,350.00 7,530.00 376,500.00 3 Bid Phase 21,360.00 5,440.00 6,362.00 3,735.00 753.00 37,650.00 4 Construction Phase 64,080.00 16,320.00 19,086.00 11,205.00 2,259.00 112,950.00 Subtotal Basic Services 427,200.00 108,800.00 127,240.00 74,700.00 15,060.00 753,000.00 Additional Services 1 Pemit Preparation TXDOT NPDES Permit/Amendments Texas Department of Licensing & Reg. U.S. Army Corps of Engineers Related Issues with Existing Pipelines within ROW Texas Historical Commission Subtotal Permit Preparation 1,950.00 2,875.00 1,725.00 23,000.00 3,450.00 1,625.00 34,625.00 450.00 725.00 435.00 5,800.00 870.00 375.00 8,655.00 540.00 850.00 510.00 6,800.00 1,020.00 450.00 10,170.00 0.00 450.00 270.00 3,600.00 540.00 0.00 4,860.00 60.00 100.00 60.00 800.00 120.00 50.00 1,190.00 3,000.00 5,000.00 3,000.00 40,000.00 6,000.00 2,500.00 59,500.00 2 ROW Acquisition Survey 9,750.00 2,250.00 2,700.00 0.00 300.00 15,000.00 3 Topographic Survey (Authorized) 26,250.00 6,550.00 7,700.00 3,600.00 900.00 45,000.00 4 Environmental Issues 3,450.00 870.00 1,020.00 540.00 120.00 6,000.00 5 Construction Observation Services (based on 8 months) 143,750.00 36,250.00 42,500.00 22,500.00 5,000.00 250,000.00 6 Warranty Phase 2,300.00 580.00 680.00 360.00 80.00 4,000.00 7 Public Meeting (Authorized) 3,450.00 870.00 1,020.00 540.00 120.00 6,000.00 8 Subsurface Utility Engineering Report (Authorized) 23,000.00 5,800.00 6,800.0D 3,600.00 800.00 40,000.00 9 Offsite Drainage Facility 50,700.00 11,700.00 14,040,00 0.00 1,560.00 78,000.00 Subtotal Additional Services 297,275.00 73,525.00 86,630.00 36,000.00 10,070.00 503,500.00 Total Authorized Fee for Phase 1 and Phase 2 $724,475.00 $182,325.00 $213,870.00 $110,700.00 $25,130.00 $1,256,500.00 The estimated cost of construction for Flour Bluff Drive, Phase 1 from S.P.I.D. to Graham and Phase 2 from Graham to Don Patricio including Offsite Drainage Facility is $10,415,000. The basic services fee for both phases of the project is $753,000. Therefore, the percentage of basic engineering services cost to construction cost is 7.98 %. H:IHOME\Rachalla\GEN S 'eels16498 8 6499 -Flour Bluff Driva\Conlraci Summary.doc -132- \Mproject \councilexhibits \exh6498 -6499. dwg PROJECT LOCATION L Flour Bluff Drive Phase 2 — raham to Don Patricio PROJECT #6498 & 6499 PROJECT LOCATION Flour Bluff Drive Phase 1 — SPID to Graham /4/ 9 CEO . mss,. R° LOCATION MAP NOT TO SCALE • EXHIBIT 'D' Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio -133- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/13/2009 -- 15 AGENDA MEMORANDUM Date: April 28, 2009 SUBJECT: Old State School Property Development, Phase 2 (Project No. 3388) BOND ISSUE 2008 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Naismith Engineering, Inc., of Corpus Christi, Texas in the amount of $141,349, for design, bid, and construction phase services, for the Old State School Property Development, Phase 2. BOND ISSUE 2008 ISSUE: This project is part of Bond Issue 2004 and Bond Issue 2008. Phase 1 was programmed under Bond Issue 2004 for the master plan and basic infrastructure with limited parking and trails to support the youth football and adult soccer fields with a public restroom. Phase 1 was also coordinated with the Rotary Club for a future Miracle Field. Phase 2 was approved for $1,750,000 under Bond Issue 2008. Phase 2 proposes to expand parking, trails and park amenities including a second public restroom. The final scope will be developed and prioritized during the design phase within the available funds. Improvements could include the pavilion with grass amphitheater, a playground with ADA accessibility, two basketball courts, surface improvements for five future youth soccer fields, two multi - purpose grass sport fields, and a skating area. Phase 1 and 2 were combined under one project to maximize resources and accelerate construction of both phases. FUNDING: Funding for this project will come from the Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Sally Ga k, Director ■ . Parks & Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map fJR —Pete Anaya, P.E., Director of Engineering Services H: USERS2\HOME\VELMAP \GEMPARKS 8 REC\3368 OLD STATE SCHOOL PROP DEVELOPMENT\AGENDA 2 MEMO –137– BACKGROUND INFORMATION SUBJECT: Old State School Property Development, Phase 2 (Project No. 3388) BOND ISSUE 2008 PROJECT DESCRIPTION: This project provides for professional services to complete the design and construction documents for both Phases 1 and 2 of the State School regional park. Phase 1 provided for the master plan and basic infrastructure with limited parking and trails to support the youth football and full size soccer fields with a public restroom including coordination with the Rotary Club for a future Miracle Field. Phase 2 proposes to expand parking, trails and park amenities including a second public restroom. The final scope of improvements will be developed and prioritized during the design phase within the available funds. Improvements could include the pavilion with grass amphitheater, a playground with ADA accessibility, two basketball courts, surface improvements for five future youth soccer fields, two multi - purpose grass sport fields, and a skating area. Phase 1 and 2 were combined under one project to maximize resources and accelerate construction of both phases. CONTRACT TERMS: The consultant shall perform the following tasks: Basic Services 1) Perform field investigation (surveys as authorized by Additional Services) as required to define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the items. 2) Review available reports, record drawing, utility maps and other information provided by the City pertaining to the project area. 3) Participate with staff at one (1) public meeting. Prepare exhibits as required to illustrate the scope of the proposed improvements. 4) Develop construction drawings in English units in 22 "x34" sheets. The plans will be for the construction of the following: • Neighborhood baseball field with backstop • Covered pavilion and amphitheater • Playgrounds with ADA accessibility • Two restrooms • Two adult soccer fields • Surface improvements for five future youth soccer fields • Two youth football fields • Two basketball courts • Two multi - purpose grass sport fields • Skating area • Paved parking areas and trails HIUSERS2 \HOME \VELMAP\GENWARKS 8 REC\3388 OLD STATE SCHOOL PROP DEVELOPMENTAGENDA 3 BACKGROUND —138— IEXHIBIT "A" Page 1 of 5 5) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors — A • Notice to Contractors — B • Part A — Special Provisions • Part B — General Provisions • Part C — Federal Wage Rates and Requirements • Part S — Standard Specifications • Part T — Technical Specifications (if required) • List of Drawings • Geotechnical Report • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 6) Provide Quality Assurance /Quality Control (QA/QC) pre -final review and prepare submittal for City's review depicting final complete development of the construction drawing and specifications. 7) Address comments received from the City for the final Submittal. 8) Provide Quality Assurance /Quality Control (QA/QC) final review and submit one (1) hard copy and one (1) electronic copy of the final contract drawings and specifications to the City for the bidding process. 9) Update the Opinion of Probable Costs and submit to the City. 10) Provide Bid Phase Services in accordance with the Contract for Professional Services. 11) Provide Construction Phase Services in accordance with the Contract for Professional Services. 12) Prepare monthly progress reports and submit via e-mail to the City. Monthly progress reports shall be submitted by the 5th of each month. The progress report will go to the City's designated individual who will be responsible for distributing the report to other designated individuals. EXHIBIT "A" Page 2 of 5 H: USERS2WOMEWELMAP\GENWARKS 8 REC13388 OLD STATE SCHOOL PROP DEVELOPMENTNGENDA 3 BACKGROUND —139— Additional Services PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. Utilize same control system which was used during Phase 1 of the site development. 6) Perform topographic survey within project limits. 7) Locate and tie -in tract boundaries. 8) Locate and tie -in known utilities and structures. 9) Download raw survey field data, copy field notes, reduce data and check results. 10) Set baseline control points for construction. CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City. 2) Conduct site visits to the project site during construction. 3) Prepare daily reports. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with the designated testing lab. WARRANTY PHASE 1) Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, IEXHIBIT "A" I Page 3 of 5 H: \USERS2 \HOME\VELMAP \GEMPARKS 8 REC\33B8 OLD STATE SCHOOL PROP DEVELOPMENTV\GENDA 3 BACKGROUND —140— restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. A Contract Summary is attached as Exhibit "C." PROJECT BACKGROUND: This project was approved Bond Issue 2004 and Bond Issue 2008. The "State School Property" is a partially developed 40 acre tract of land in the central part of Corpus Christi on the western boundary of the Corpus Christi State School (Texas Department of Aging and Disability Services). The planned amenities will provide a variety of recreational opportunities and outdoor experiences, as well as provide citizens a place to enjoy the natural resources of our area. This new complex will compliment an existing Parks & Recreational Complex on the eastern boundary of the State School. The existing complex includes twelve (12) sports fields. Nine (9) of the fields are leased out by the City of Corpus Christi to three (3) different youth leagues: Sparkling City Girls Fast Pitch, International Westside Pony League, Universal Little League with the three remaining fields managed by the City Parks and Recreation Department. The master plan for the new complex includes twelve (12) new sports fields, two basketball courts, skate park area, pavilion and amphitheatre along with playgrounds, restrooms, parking, trail system and radio controlled airplane area. The new park was also coordinated with the Rotary Club to accommodate a future Miracle Field (by others). Phase 1 under Bond Issue 2004 provided for the master plan and basic infrastructure with limited parking and trails to support the youth football and adult soccer fields with one public restroom. Phase 1 and 2 were combined under one project to maximize resources and accelerate construction of both phases. A future phase will be required to complete all amenities on the property. The proposed improvements for the current phases of the regional park may include the following: • Neighborhood baseball field with backstop • Covered pavilion and amphitheater • Playgrounds with ADA accessibility • Two restrooms • Two full size soccer fields • Surface improvements for five future youth soccer fields • Two youth football fields • Two basketball courts • Two multi - purpose grass sport fields • Skating area • Paved parking areas and trails The Corpus Christi Industrial Development Corporation has held the deed to the State School Property since March 2002 specifically for the future public purpose of park and sports fields' development. Upon receiving this grant award, the corporation will donate the property purchased for $450,000 to the City of Corpus Christi so that it may be formally designated as parkland. EXHIBIT "A" Page 4 of 5 H: \USERS21H OMEWELMAP\GEMPARKS 8 REC\3388 OLD STATE SCHOOL PROP DEVELOPMENT\AGENDA 3 BACKGROUND —141— In November 2004, the voters of Corpus Christi approved $95 million in capital improvement projects. Of this total amount, $7.4 million was designated for Parks and Recreation projects, and $500,000 is allotted to the development of a park, sports, and recreation amenities on the undeveloped portion of the property (proposed project site). Under Bond 2008, the voters approved an additional $1.75 million for the park expansion. EXHIBIT "A" Page 5 of 5 H: \USERS2 \HOME\VELMAP \GEN\PARKS & REC\338B OLD STATE SCHOOL PROP DEVELOPMENT AGENDA 3 BACKGROUND —142— PRIOR PROJECT ACTIONS SUBJECT: Old State School Property Development, Phase 2 (Project No. 3388) BOND ISSUE 2008 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 5. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 6. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H: \USERS2 \HOMEWELMAP \GEN\PARKS 8 REC\3388 0113 STATE SCHOOL PRFPlaCIPMENTAGENDA 4 PRIOR PROJECT ACTORS EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Old State School Property Development, Phase 2 (Project No. 3388) BOND ISSUE 2008 1. SCOPE OF PROJECT Old State School Property Development, Phase 2 BOND ISSUE 2008 (Project No. 3388) - This project provides for professional services to complete the design and construction documents for both Phases 1 and 2 of the State School regional park. Phase 1 provided for the master plan and basic infrastructure with limited parking and trails to support the youth football and full size soccer fields with a public restroom including coordination with the Rotary Club for a future Miracle Field. Phase 2 proposes to expand parking, trails and park amenities including a second public restroom. The final scope of improvements will be developed and prioritized during the design phase within the available funds. Improvements could include the pavilion with grass amphitheater, a playground with ADA accessibility, two basketball courts, surface improvements for five future youth soccer fields, two multi - purpose grass sport fields, and a skating area. Phase 1 and 2 were combined under one project to maximize resources and accelerate construction of both phases. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. PROJECT SCHEDULE DAY _. DATE — — ACTIVITY Complete Begin Preliminary Phase Monday May 4, 2009 Begin Design Phase Wednesday June 3, 2009 Interim Review Meeting Friday June 12, 2009 Pre -Final Submittal Friday June 26, 2009 City Review Friday July 17, 2009 Final Submittal Monday (2) August- October, 2009 Advertise for Bids Tuesday August - October, 2009 Pre -Bid Conference Wednesday August- October, 2009 Receive Bids Weekday November, 2009 Begin Construction Weekday July 2010 Construction Completion H: \USERS2\HOMEWELMAP \GEN \PARKS & REC\338B OLD STATE SCHOOL PROP DEVEl471IERTNGENDA 5 CONTRACT SUMMARY 4. SUMMARY OF FEES Fee for Basic Services original Contract 1. Preliminary Phase $2,100.00 2. Design Phase 55,807.00 3. Bid Phase 3,945.00 4. Construction Phase 14,337.00 Subtotal Basic Services Fees 76,189.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) NPDES Permit/Amendments 1,000.00 TCEQ 500.00 Texas Department of License and Regulation 2,000.00 Texas Windstorm 2,000.00 Total Permitting 5,500.00 2. ROW Acquisition Survey (AUTHORIZED) 2,500.00 3. Topographic Survey (AUTHORIZED) 22,760.00 4. Construction Observation Services 32,400.00 5. Warranty Phase 2,000.00 Sub -Total Additional Services Fees Authorized 65,160.00 Total Authorized Fee $141,349.00 The estimated cost of construction for Old State School Property Development, Phase 2 is $1,400,000. The Basic Services fee for the project is $76,189. Therefore, the percentage of Basic Engineering Services cost to construction cost is 5.44%. H: \USERS2\HOME\VELMAP\GENWARKS & REC\3388 OLD STATE SCHOOL PROP DEVELOPM1441ELENDA 5 CONTRACT SUMMARY EXHIBIT "C" Page 2of2 \Mproject \councilexhibits \exh3388.dwg Old State School Property Development, Phase 2 BOND ISSUE 2008 CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/13/2009 °_ 146 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: AMENDING SECTION 55- 151(A), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI REGARDING THE ADOPTION OF THE 2009 CORPUS CHRISTI WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: Texas Commission on Environmental Quality (TCEQ) rules require all retail public water suppliers update water conservation plans every five years and submit a water conservation implementation report and utility profile report. The Conservation Plan was previously updated in November 2005. The City's Drought Contingency Plan remains unchanged. The City has maintained a nationally recognized water conservation program for the past 23 years. The Water Conservation Plan serves to utilize water resources efficiency and extend water resources for the region. The City's Water Conservation Plan identifies 5 and 10 year target goals for water savings. The Texas Water Development Board (TWDB) Water Conservation Implementation Task Force recommends a minimum 1% reduction per year of current per capita usage. Since 1988, the City's total water consumption has dropped from 259 gallons per capita per day (gpcd) to 233 gpcd. The City target goal for 2008 was 212 gpcd. The target goals are not enforceable requirements. The Water Conservation Plan identifies numerous best management practices aimed to improve water use efficiency, including water conservation pricing designed to discourage the waste of water, public information aimed to change behavior; water -wise landscape design through Xeriscape; use of reclaimed water on golf courses and through school education programs, marketing and public outreach. Amendments to the Water Conservation Plan are as follows: • Statistical numbers on water usage changed from 2004 to 2008 figures • Update Figure 1 - Water Source Flow Chart for 2008; • Update Figure 2 - Treated Water Use by Customer Class for 2008; Update Figure 3 - 2008 Connections by Type; Update Figure 4 Total Water Delivered from 0. N. Stevens Water Treatment Plant 2000- 2008; Update Figure 5 - Park Department Water Consumption 2005 -2008. • Update Table 1 - Average Monthly Gallons per Connection by Type - 2004 -2008; Update Table 2 — Water Consumption Goals Based on Gallons Per Capita Per Day — 2004 -2008 • Update Section 2.3 - Utility Profile Survey which accounts for water and wastewater system use for 2008 • Update Section 3.4 - Water Conservation Pricing to reflect the City Council's action to amend the water rate schedule from a declining to an increase rate structure for industrial accounts. —149— • Update all Best Management Practices (BMP) — documentation section revised to account for conservation activities during 2008 as required by TCEQ. • Addition of new BMP Section 3.12 Plumbing Assistance allowing the Water Department to develop an affordability program to provide plumbing assistance to low- income residents whose high water consumption results from leaky plumbing devices. The intent of the program is to eliminate the cycle of uncollected high water bills resulting from water leaks and to promote water conservation.. Funds are reserved in the Water Department 30020 Public Education and Communications account. PREVIOUS COUNCIL ACTION: City Council approval of the Water Conservation and Drought Contingency Plan on April 26, 2005, as amended on November 15, 2005. CONCLUSION AND RECOMMENDATION: Staff recommends approval. —150— vo o Tzalez or of Water i BACKGROUND INFORMATION House Bill 2660 was adopted May 2, 2003 and amended Section 11.1271, Water Code, to establish minimum levels of water conservation in water conservation plans. Beginning May 1, 2005, all water conservation plans required specific, quantified 5 year and 10 year targets for water savings. The Texas Commission on Water Quality and the Texas Water Development Board were jointly authorized to develop a model water conservation program that suggest best management practices for achieving the highest practicable levels of water conservation and efficiency. Goals established under HB 2660 are not enforceable requirements. On May 6, 2003 the State Legislature created the Texas Water Conservation Implementation Task Force, a volunteer group of Texas citizens with experience in water efficiency. The Task Force was created by the 78th Texas Legislature under Senate Bill 1094. The Legislature directed the Texas Water Development Board ( "TWDB ") to oversee the work of the Task Force with reviewing, evaluating, and recommending optimum levels of water use efficiency and conservation for the state. The result of their work included 55 Best Management Practices (BMPs) that may be considered by municipalities in Water Conservation Plans. BMPs were designed to fit into the State's water resource planning process as an alternative to meet future water needs. The City of Corpus Christi identifies eleven BMPs in its 2009 Water Conservation Plan. The requirements of HB 2660 were met by the City in its 2005 Water Conservation and Drought Contingency Plan. The Texas Commission on Environmental Quality requires municipalities to submit Water Conservation Plans by May 1, 2009. -151- AN ORDINANCE AMENDING SECTION 55- 151(a), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI REGARDING THE ADOPTION OF THE 2009 CORPUS CHRISTI WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55- 151(a), Code of Ordinances is revised to read as follows: "Sec. 55 -151. Water conservation and drought contingency plan. "(a) The City of Corpus Christi Water Conservation and Drought Contingency Plan 2005 2009 dated April - - -, - . - _ • • - 28, 2009, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. 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 28th day of April, 2009. —152— ATTEST: 2 THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 17th day of April, 2009: i R. J Re' Ing First Ass stant City'Attorney For City Attorney 2009 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 04102009 —153— 3 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 2009 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 04102009 —154— City of Corpus Christi Water Conservation and Drought Contingency Plan April 21, 2009 April 26, 2005 - -- - - - - - - - k - - -- - -155- Executive Summary 3 Chapter 1 Introduction 5 Chapter 2 Demand Profile, Targets, and Goals 8 2.1 Demand Profile 6 2.2 Goals 13 2.3 Utility Profile Survey 15 Chapter 3 Best Management Practices 16 3.1 Introduction 16 3.2 System Water Audit and Water Loss 16 3.3 Metering of All Connections 19 3.4 Water Conservation Pricing 20 3.5 Prohibition on Wasting Water 22 3.6 Conservation Coordinator 23 3.7 Public Information 25 3.8 School Education 27 3.9 Water -Wise Landscape Design and Conversion Program 29 3.10 Park Conservation 32 3.11 Reuse of Reclaimed Water 34 3.12 Plumbing Assistance 35 Chapter 4 Wholesale Customer Conservation 37 4.1 Summary 37 4.2 Wholesale Customer Targets and Goals 37 4.3 Metering, Monitoring, and Records Management 37 4.4 Leak Detection and Repair 37 4.5 Contractual Requirements 38 4.6 Targets and Goals 39 4.7 Reservoir System Operating Plan 40 Chapter 5 Drought Contingency Plan 41 5.1 Summary 41 5.2 Procedure - Implementation 41 5.3 Procedure - Notification 41 5.4 Plan Applicability 42 5.5 Enforcement 42 5.6 Emergency Criteria 42 5.7 Descriptions of Trigger Conditions 42 5.8 Target Goals 43 5.9 Wholesale Water Contracts 44 Glossary' 45 Appendix A Utility Profile Appendix B Water Conservation and Drought Contingency Ordinance Appendix C Reservoir Operations Plan Appendix D Water Rates Appendix E Water Conservation Implementation Report -156- Executive Summary The City of Corpus Christi has had a nationally recognized water conservation program for the past 1-6 19 years. Beginning in 1088, thc City's Water Dcpartmont assigned duties to a per day in 1988 to 218 gallons per day in 2001. The City was first in the state to create a Drought Contingency Plan in 1986 which served as a guide for state officials. Corpus Christi understands the seriousness of maintaining an active water conservation and drought contingency plan based on historic drought conditions. The City has also worked with its wholesale customers to promote water conservation and to coordinate efforts during times of water shortage-as in the mid 1000s. This document contains all of the provisions required in TAC Chapter 288 for municipal water providers, wholesale contain thc major elements essential to ach of tho regulatory requirements, and appendices that contain legal ordinances enacting the Drought Contingency and Conservation Plan and water rates, as well as tho utility profile and reservoir operations plan. Since 1988, the City's Water Department assigned duties to a conservation coordinator to develop outreach programs. The building of the Xeriscape Learning Center and Design garden has set precedence in commercial landscape ordinance requirements. Development of educational programs such as Toby Globy Eco- Action, Major Rivers and the Learning to be Water Wise programs are delivered to local classrooms. These efforts have resulted in measurable water savings. Total water consumption per person has dropped from 259 gallons per day in 1988 to 233 gallons per day in 2008. The City has also worked with its wholesale customers to promote water conservation and to coordinate efforts during times of water shortage as during the mid -1990s and 2006. This document contains all of the provisions required in Title 30, Texas Administrative Code Chapter 288.2 for public water suppliers, wholesale providers, and for a drought contingency plan. The document is divided into chapters that contain the major elements essential to each of the regulatory requirements, and appendices that contain legal ordinances enacting the Drought Contingency and Conservation Plan and water rates, as well as the utility profile and reservoir operations plan. Chapter One summarizes the reservoir operating systems that supply the City of Corpus Christi and its wholesale customers with raw and treated water. Chapter Two presents the demand profiles and quantifiable targets and goals for the City, indicating that water use is tracked by customer class, and that the City has related its metered data to its conservation aims. For example, the City's largest retail customer class is single - family residential at 89 percent of customers, while the largest customer class by consumption per connection is industrial at 15 million gallons per month. The City projects a 1 percent per year drop in per capita consumption over the next 10 years, and has a goal to keep system water loss below 10 percent. Chapter Three includes the 49 11 conservation best management practices that make up the City's Conservation Program. Mandatory elements, like metering, systems water audits, and conservation pricing are addressed, as well as voluntary practices like park conservation and water reuse. The City's conservation program is best known for its educational initiatives 3 —157— including efforts which target both adults and children. The Xeriscape Learning Center and Design Garden at the Museum of Science and History has attracted interest from horticultural and conservation specialists from around the state and the nation, as well as serving as a resource for school children and adults in Corpus Christi. Chapter Four includes the provision addressing the wholesale customers, including a summary of contractual requirements to conserve during water shortages, and targets and goals section for wholesale customers. Chapter Five includes a summary of the drought plan provisions which were enacted by ordinance in 2001, and the water use reduction targets for the drought plan. —158— Chapter 1 Introduction The City of Corpus Christi Water Department serves nearly 500,000 citizens of Corpus Christi and the Coastal Bend. Its mission is to effectively manage the City's water supply, production, and distribution system in order to meet water supply needs and to provide safe drinking water that meets state and federal regulations; to review the design and construction of water facilities to ensure the adequacy of the water system to meet projected growth requirements; and to identify and meet consumer needs and expectations. The City of Corpus Christi Water Department supplies water for municipal and industrial use in a seven - county service area covering 140 square miles. Major raw water customers include Alice Water Authority, Beeville Water Supply District, City of Mathis, San Patricio Municipal Water District, Celanese, and Flint Hills Resources. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. The primary supply of water comes from surface water resources. The Frio River supplies water to Choke Canyon Reservoir. Lake Corpus Christi receives inflow from Choke Canyon Reservoir, the Atascosa and the Nueces Rivers, all within the Nueces River Basin. Water drawn from Lake Texana is pumped through the Mary Rhodes Pipeline and enters the 0. N. Stevens Water Treatment Plant. Lake Corpus Christi has a capacity of 242,241 acre -feet of water. Wesley Seale Dam was dedicated April 26, 1958. Choke Canyon Reservoir has the capacity of 695,271 acre -feet of water. The United States Bureau of Reclamation financed, designed, and built the reservoir, which was dedicated on June 8, 1982. The City operates and maintains the facility. During 1993 to 1996, Nueces River Basin stream flows were the lowest recorded — even lower than the much - remembered 1950s Drought. The Regional Water Supply Task Force determined that additional water resources were needed for the Coastal Bend. In 1993, the City entered into a contract with the Lavaca - Navidad River Authority to purchase 41,840 acre - feet of water per year. The City of Corpus Christi, along with the Nueces River Authority, the Port of Corpus Christi and the Lavaca - Navidad River Authority worked together to deliver water via a new pipeline from Lake Texana. The 101 - mile -long pipeline was named for the late Mary Rhodes, mayor of Corpus Christi from 1991 to 1997, in recognition of her special contribution to the development of water resources for the residents and industries of the Coastal Bend. Water is pumped through a 64 -inch pipeline from Lake Texana near Edna, Texas. The pipeline came on line in September 1998. Approximately 50 percent to 70 percent of the water delivered to homes in Corpus Christi comes from Lake Texana. Another Water Department function includes operation of the 0. N. Stevens Water Treatment Plant. The City diverts raw water from the Nueces River and Lake Texana into the plant to be treated to Texas Commission on Environmental Quality (TCEQ) drinking water standards. Water is drawn from the Nueces River, and passes through screens to remove large floating objects. The water is pumped from the Nueces River to the treatment plant junction box, where it is blended with Lake Texana water. From there, the water is treated to remove suspended particles and disinfected for human consumption. Large master pumps help to distribute water into the City and to its wholesale water customers. Approximately 25 28 billion gallons of water are treated each year. The 0. N. Stevens Water Treatment Plant has a rated capacity of 167 million gallons per day, well above the peak 5 –159– summer demand of 98 1-14 million gallons per day. The Water Department operates five pumping stations and four elevated storage tanks, and maintains 1,600 miles of pipeline. The Water Department operates in full compliance with all state and federal requirements. The Water Department also maintains a water laboratory and water maintenance activity that oversees the repair and replacement of transmission and distribution service water lines. To meet the demand of a growing community, the City has taken steps to assure a future water supply. In 1999, the City purchased senior water rights to 35,000 acre -feet of water per year in the Colorado River. This water will be transported to Corpus Christi via a pipeline that will be constructed in the future from the Colorado River to the Mary Rhodes Pipeline at Lake Texana. The City has explored the feasibility of desalination — the process of removing salt from seawater - - - - - • - - - • - - - - - - • . In 2003, the • the state's rogional water needs. The Padre Island Desalination Plant Feasibility Analysis and Siting Plan studied the feasibility and costs of building a reverse osmosis (RO) desalination facility (up to five million gallons per day (mgd)), increasing water storage at Padre Island, and using a technology that stores water underground for future use known as aquifer storage and recovery (ASR) in the Chicot Aquifer. The City also participated in a U.S. Army Corps of Engineers feasibility study to assess the potential for desalination as a water supply source for the region. This study was jointly sponsored by the San Antonio Water System, San Antonio River Authority, and Guadalupe Blanco River Authority. The Water Department has a long- standing commitment to promoting water conservation in the community. Its public education and communications functions promote community awareness of water resources, the importance of using water wisely, and techniques for efficient use of water. The Department provides free water - related educational materials to local school districts, public outreach, free water saving devices and an extensive year around media campaign. The long -term focus of the Plan is to stretch existing and planned expansions to the water systems by reducing per capita water consumption. Long -term conservation programs include conservation pricing, residential and commercial, and institutional water education designed to help customers reduce per capita water use by one percent per year over the next decade. Increased usage of reuse water and aquifer storage and recovery will also help manage the demand profile and use water more efficiently. The service area of the City of Corpus Christi is located within the Coastal Bend, designated as Region N Planning area, and the City has provided a copy of its Water Conservation Plan to the Coastal Bend Regional Water Planning Group (RWPG). The Region N Planning Group was initially appointed by the Texas Water Development Board (TWDB), under the authority of Senate Bill 1, and includes representatives from 12 interests including the public, counties, municipalities, industries, agriculture, the environment, small businesses, electric - generating utilities, port authorities, river authorities, water districts, and water utilities from across the region. This Plan is consistent with the City's role as a leader in water supply planning in Region N, and meets the standards for water conservation planning in TAC Chapter 288. The Water Department has coordinated with the RWPG through the following measures: 1. A City Council member sits on the planning group; 2. The City delivered the 2009 2905 Corpus Christi Water Conservation and Drought 6 –160– Contingency Plan to the Region N Water Planning Group; 3. City staff members (in addition to RWPG representative) attend Planning Group meetings on a regular basis; 4. City staff has made formal comments (at meetings and in writing) at various times regarding issues with population and water demand projections and with selection of water management strategies; and 5. The City has held numerous meetings with the RWPG consultant to address issues related to Corpus Christi and the regional planning process. 7 —161— Chapter 2 Demand Profile, Targets, and Goals 2.1 Demand Profile The City of Corpus Christi serves both wholesale and retail customers. Of the wholesale customers, five receive treated water, and six receive raw water from the City. Surface waters from the Nueces and Frio Rivers are impounded in Choke Canyon Reservoir and Lake Corpus Christi, while water from the Navidad River is impounded in Lake Texana. Of the 112,878 120,259 acre -feet of raw water withdrawn in 2004 2008 26,397 21.441 acre - feet, or 30.5 31.4 percent, was delivered to the four wholesale and two retail customers on the Choke Canyon /Lake Corpus Christi ( CCR/LCC) reservoir system, and 8,077 9,510 acre -feet was delivered to one wholesale customer on the Lake Texana side. Raw water customers include Alice Water Authority, Beeville Water Supply District, City of Mathis, San Patricio Municipal Water District, Celanese, and Flint Hills Resources. San Patricio Municipal Water District receives raw water from both the CCR/LCC system and Lake Texana. The remaining 78,102 82,916 acre -feet of raw water in 2004 2008 was delivered to the O. N. Stevens Water Treatment Plant (WTP) for treatment and serves as retail and wholesale water supply of potable water. Figure 1, Corpus Christi Water Source Flow Chart 2004 2008 as shown on the following page, reflect the amounts of water delivered to major customers from the two principle surface water sources, from raw water to the WTP, and then on to treated water customers. The overall water demand by the City of Corpus Christi Water Department customers in the year 2001 2008 was 36:8 37.0 billion gallons, including sales to wholesale treated and raw water customers. In 2004 2008, 46.7 48.9 percent of the raw water entered the WTP from the combined CCR/LCC system on the Nueces River. The remaining 53:3 51.1 percent of the raw water was withdrawn from Lake Texana on the Navidad River. Of the 25.56 27.0 billion gallons of raw water delivered to the O. N. Stevens WTP, 22.6 24 billion gallons were delivered to wholesale and retail customers. —162— Figure 1 CHOKE CANYON RESERVOIR Corpus Christi, Texas Water Source Flow Chart for 2008 (Million Gallons) LAKE CORPUS CHRISTI If LAKE TEXANA Alice 2,245 Beeville 982 Mathis 250 Celanese 470 Flint Hills Resources 1,613 San Patricio MWD 3,509 Corpus Christi 13,459 Total 2Z528 San Patricio MWD Raw Corpus Christi Total Raw Water Entering 0. N. Stevens WTP 27,467 Treated Water Leaving 0. N. Stevens WTP 23,979 UBO Billed Water Consumption 25,347 Naval Air Station NCWCID #4 San Patricio MWD Treated South Texas Water Authority Violet Water Supply Corp. Corpus Christi Total 342 474 1,072 507 58 22,894 25,347 -163- 9 Retail industrial and single - family residential customers were the two highest demand sectors in 2094 2008 for treated water at 38 36 percent and 26 29 percent respectively (see Figure 2, 2004 2008 Treated Water Use by Customer Class (wholesale customers included)). They were followed by commercial customers at 22 21 percent and wholesale customers at S 8 percent. City and State accounts, which include City parks, municipal buildings and State highway irrigation, represent 4 1 percent of overall consumption. Multi- family accounts represented approximately 4 5 percent of demand. Multi- family accounts include residential accounts with up to four housing units per meter. Apartments, condominiums, and domiciles with five or more units per meter are included in the commercial demand segment. Figure 2 2008 Treated Water Use by Customer Class (Wholesale Included) Wholesale 8% City /State 1% Residential 29% Industrial 36% —164— Commercial 21% Multi - Family 5% 10 Figure 3, 2004 2008 Connections by Type (Retail Only), shows the breakdown of retail treated water customers by connection. In 2001 2008 the City served an average of 81,814 87,277 connections per month. The figure indicates that residential accounts represent the largest number of accounts at 8879 89 percent of all retail connections. Commercial customers account for the next largest number of customers at 8:5 9 percent of all accounts. City and State accounts represent 4-3 1 percent of all connections; and industrial accounts with 31 connections were less than one -tenth of 1 percent of the total. Wholesale customers represent far less than 1 percent of connections, and are not included in Figure 3. Figure 3 2008 Connections, by Type (Retail Only) O Single Family 89% © Single Family • Multi- family O Commercial O Govemment • Industrial 2004 Conncctions, by Typo anductrial 0.0% .o ■ Multi - family ❑Commercial 1% ❑Government 9% 1% ■Industrial 0% —165— 11 System Efficiency The Water Department summary showed an unaccounted for water rate of 877 9 percent in 2004 2008 - =- . The City's unaccounted for water rates are kept below 10 percent through an aggressive leak detection and repair program, timely meter testing and replacement, tracking of system pressures, and water use for construction and other purposes. Detailed descriptions of water loss reduction efforts are found in Chapter 3. Seasonal Demand The City's demand profile shows the summer peaks typical of Texas cities. Summer demand has averaged 2.52 2.3 billion gallons - - - (for the period of 2005 to 2008) as compared to 2.5 billion gallons (for the period of 2000 to 2004) for a difference of 2.4 million gallons. Over-a--siceffar--tinie-feFiedi The winter average demand was approximately 1.88 billion gallons per month (Figure 1, Total Pumping 2000 2001). Singlo decreased slightly from 1.89 to 1.76 billion gallons (Figure 4, Total Pumping 2000 - 20081. ._e • eee _ , a - ... 2000 to 2.4 bgm in 2001. A reduction in winter average from 1.9 billion gallons per month to 1.7 was seen in 2008. Average summer time peak dropped from 2.5 bgm to 2.3 bgm when comparing the periods of 2000 to 2004 and 2005 to 2008. This reduction can be attributed to the combined effects rainfall events has had on reduced irrigation usages; and public education over the past several years. 12 —166— Figure 4 Billion Gallons. 2.4 2.3 2.2 2.1 2.0 1.9 1.8 1.7 1.6 1.5 Total Treated Water Delivered from 0. N. Stevens Water Treatment Plant, 2000 -2008 1 1 ■ ■ ■ ■ ■ ■ ■ IN ■ ■ ■ ■ ■ ■ IIIN 00 01 02 03 04 05 06 07 08 ® Monthly Pumping —i— Average Peak Monthly —A— Winter Average Source: Surface Water Monthly operating reports; TNRCC Form No. 0102c (1/05/09). 2.2 Goals The City of Corpus Christi water conservation plan focuses on two efficiency goals. The first and most immediate goal is to reduce summertime peak pumping. The second goal is to reduce overall per capita consumption over the next several decades by 1 percent per year from the City's consumption of 259 gallons per capita per day (gpcd) in 1988. The goals are designed to assist the City with challenges to water supply constraints due to weather, and to ensure that the system is run with the optimum efficiency. The City carefully balances revenue needs and conservation programming to ensure that the system is fiscally sound. The City has a long history of progressive regional water resource planning. In keeping with that tradition, and to ensure that future generations will have adequate water supplies, the City will promote water conservation as an alternative water supply. Conserving existing supplies is less expensive and has less environmental impact than attempting to build new reservoirs. In order to reduce per capita demand over the next several decades, the City has embarked on a water conservation program designed to educate citizens on the benefits of efficiency, and to provide incentives for reduced water use through changes in behavior and installation of water saving devices. The City must maintain a balance between conservation and water quality based on the requirement to flush the City's 2,000 dead -end main fire hydrants annually to comply with TCEQ requirements. Table 2, Water Consumption Goals, shows recent gpcd consumption and the goal of 1 percent per year reduction over the next 10 years based upon the City's pre - conservation consumption 13 —167— rates. Force. Actual consumption for 2008 indicates that the City qpcd at 233. The projected gpcd target goals are shown at 5 and 10 year increments as required by House Bill 2660. These targets and goals have been updated as part of the 2009 Water Conservation Plan. The reduction in Per capita consumption is a result of a combination of conservation efforts, including public education and behavioral water use patterns water-use, implemented as part of the City's conservation plan and weather patterns. Table 2 1 Water Consumption Goals Based on Gallons Per Capita Per Day (gpcd) Actual Target Goals Year 1988 2004 2006 2008 Annual 15 & 10 Year Goals 2008 X2013 1 2018 Totalgpcd2 259 218 243 233 234 I 223 I 212 1 Wholesale customers are excluded. 2 Total gpcd represents total volume of raw water entering the 0. N. Stevens Wa er Treatment Plant, excluding water sold to treated wholesale water customers, divided by population of 297,467, divided by 365 days. The City's gallon per capita per day (qpcd) consumption is higher than most Texas cities based on the large volume users such as refineries that consume 40 percent of treated water. Texas Commission on Environmental Quality recommends a minimum one percent reduction in per capita use per year. In addition to traditional water conservation methods that focus on changes in customer consumption patterns, the Water Department plans to promote demand management techniques that provide the most efficient use of water resources. Demand management programs will be investigated in the next planning time frame to include reuse, aquifer storage and recovery, and conjunctive use of surface and groundwater resources. Current efforts in reducing water losses focus on a percentage of unaccounted -for water, or the difference between billed water consumption and total water production. The City's goal is to keep the water loss rate below 10 percent. In 2004 2008 the City's water loss was >- 9 percent. precedes; The City has completed a water system audit for the year ending 2008. The document was developed based on the Texas Water Development Board (TWDB) guidelines and with the use of the American Water Works Association (AWWA) water system audit procedures. - • _ - - - Ts. - .. , The City will evaluate moving to the leakage index method articulated in the System Water Audit and Loss Best Management Practice (BMP) identified in Chapter 3. 14 —168— 2.3 Utility Profile Survey A detailed summary of the City's water and wastewater systems is included in Appendix A. The survey includes the Texas Commission on Environmental Quality - Water Conservation Implementation Report including the City of Corpus Christi Utility Profile. 15 -169- Chapter 3 Best Management Practices 3.1 Introduction Water consumption in the City of Corpus Christi is driven by a wide variety of domestic, commercial, industrial, and institutional needs. Best Management Practices (BMPs) have been developed to improve water use efficiency for the City of Corpus Christi Water Department and for programs to assist the City's water customers in efficient water use. Ten BMPs have been implemented as part of the City's ongoing water conservation effort, which began in 1988. The BMPs are described briefly in the next paragraph, and in greater detail in the remaining sections of this chapter. Each BMP has five sections; description, implementation, schedule, documentation, and water savings information. A new BMP has been added: Plumbing Assistance. The System Water Audits and Water Loss BMP allow the Water Department to reliably track water uses and provide the information to address unnecessary water and revenue losses. The Metering of All New Connections and Retrofit of Existing Connections BMP have been established to create equity among customers, reduce water waste, and reduce flows to wastewater facilities. The Water Conservation Pricing BMP is designed to discourage the waste of water while assuring the fiscal obligations of the system are met. Additionally, the City has initiated an Automatic Meter Reading (AMR) Program to accurately record usage and integrate data into our billing system. More than 65 percent of the City's water meters have been installed with the innovative technologvt benefiting the city with improved meter accuracy. The Water Conservation Pricing BMP is designed to discourage the waste of water while assuring the fiscal obligations of the system are met. The Prohibition on Wasting Water BMP is aimed at customers who continue to waste water despite Water Department efforts to educate customers to reduce waste of water. The Conservation Coordinator BMP provides an effective method of ensuring that the City's water conservation programs are well administered and effective. The Public Information BMP affects water consumption through changes in behavior as customers learn about water resources, the wise use of water, and the conservation program. The Water -Wise Landscape Design Program BMP saves water through the installation of water -wise landscape materials supplemented with subsequent education to ensure efficient irrigation of the new landscapes. The Park Conservation BMP will save water through the implementation of regulations in existing BMPs and use of reclaimed water in the City's two golf courses, two large City -wide parks, five recreation centers, several decorative fountains, nine public swimming pools, and more than 200 neighborhood parks. 3.2 System Water Audit and Water Loss A. Description The City of Corpus Christi performs a regular estimate of system water efficiency by comparing water delivered to the treatment plant, potable water produced, and water sold. In 16 —170— accordance with the requirements of House Bill 3338, the City will increase the level of detail of water -use accounting by adding several categories of water -use tracking over the next year. The Water Department already tracks numerous leak detection and repair activities and is able to evaluate its success using the asset management software to compile and track work orders. Potential refinements for the future will include: leak repair summaries, average pressures, meter accuracy test, meter change -out summary, permitted fire hydrant use, and other records that may be kept on water theft and unmetered uses such as street cleaning. The City's top -down water audit, using existing records and some estimation, will provide a more detailed overall picture of water losses within the next calendar year, and will be maintained annually thereafter. B. Implementation A working group will be formed with representatives from the following work areas: management, distribution, operations, production, customer service, finance, and conservation. Each of these work areas has an essential role to play in implementing this BMP. Initially, the working group will focus on gathering relevant data and identifying current practices listed below in Step 1 that form the basis for the top -down audit. Step 1. The top -down audit will be performed using readily available information compiled annually in the Water Department's response to the Texas Commission on Environmental Quality's Utility Profile; with the worksheets provided by the TWDB's water planning division in response to HB 3338; and with plans to incorporate methods recommended by the American Water Works Association (AWWA) in the M36 Water Audit and Leak Detection Manual update. Step 2. The second step of the audit, the bottom -up approach, will involve a more detailed review of utility policies and practices that affect water losses. This review will be performed at least once every five years per the requirements of HB 3338. The Water Department will be able to better incorporate information from utility practices including leak reporting, whether by customers or by City staff, and repairing. Systems pressure tracking, especially analysis of high -end users' effects on systems pressures, will be accomplished through the use of Supervisory Control and Data Acquisition (SCADA) technology. The Water Department will also explore methods for developing better estimates of water use by the fire department and for line flushing and street cleaning. The City will also evaluate night flow and zonal analysis to better estimate leakage; analyze leakage repair records for length of time from reporting to repair of the leak; and analyze pressure throughout the system. The installation of Automatic Meter Readers (AMR) meters will facilitate this effort. Using the AWWA M36 Water Audits and Leak Detection Manual recommended methodology, the City will review and consider incorporating the relevant elements in the water loss control program. Potential elements of the future Water Loss Program will be evaluated including: 1. Using a water loss modeling program; 2. Metering individual pressure zones; 3. Establishing district metering areas (DMA) and measuring daily, weekly, or monthly flows with portable or permanently installed metering equipment; 17 —171- 4. Continuous or intermittent night -flow measurement; 5. Reducing repair time on leaks; and 6. Limiting surges in pressure. To reduce the potential for leaks on the service lines between the main and the meter, all new construction is required to use Type K copper tubing and a single compression fitting. No splices are allowed in these lines. C. Schedule Initial elements to reduce water losses and account for water use and loss were implemented in 1970s. 1. The Water Department will gather the necessary information for conducting the top - down audit, develop the procedures, and complete the audit by May 1, 2886 2008. 2. The Water Department will review the new M36 manual and begin implementing the bottom -up refinements indicated by the TWDB's new guidelines for water audits before March 31, 2007 2009. 3. After such review, the Water Department will propose new water audit standards based upon keeping real water losses below a specific percentage or to achieve an infrastructure leakage index (ILI) below 3. 4. A bottom -up audit will be performed no less than once every five years; and more often if the internal water audit standard is not achieved. D. Documentation To track this BMP, the Department will collect and maintain the following documentation: 1. A copy of each annual system audit, the ILI and percentage losses for each year, and a list of actions taken in response to audit recommendations; 2. Annual leak detection and repair report, including number and sizes of leaks repaired; 3. Number of customer service line leaks identified and actions taken to repair these leaks; 4. Pressure reduction actions taken, if any; and 5. Estimated annual revenue increased through reducing apparent losses. E. Determination of Water Savings Potential water savings are an integral part of the system water audit process and will be contained in the audit report. Based on the results of the audit, goals will be set for reducing losses. Documentation is maintained through the City's Maximo software. 18 —172— 3.3 Metering of All Connections A. Description The purpose of this BMP is to ensure that all aspects of meter installation, replacement testing, and repair are managed optimally for water use efficiency. The City has fully implemented this BMP. The meter program has several elements: 1. Required metering of all connections. 2. A policy for installation of adequate, proper -sized meters as determined by a customer's current water use patterns. 3. Direct utility metering of each duplex, triplex, and four -plex unit, whether each is on its own separate lot or there are multiple buildings on a single commercial lot. 4. Metering of all utility and publicly owned facilities. 5. Use of construction meters and access keys to account for water used in new construction. u, 6. Implementation of the State requirements in HB 2404, passed by the 77 Legislature Regular Session and implemented through Texas Water Code 13.502, which requires all new apartments be either directly metered by the utility or submetered by the owner. 7. Annual testing and maintenance of all meters larger than two inches. Regular replacement of five - eighth- and three - quarter -inch meters in service for 15 years of service. 8. An accounting of water savings and revenue gains through the implementation of the Water Department's meter repair and replacement procedures. 9. An accounting of water savings and revenue gains through the implementation of the Water Department's meter repair and replacement procedures. B. Implementation The Water Department ensures the high quality of metering is maintained through the regular review of metered data and revision of metering policies to ensure that the maximum amount of water consumption is accounted for. The City will continue to conduct a meter repair and replacement procedures following the methodology and frequency currently recommended in industry practices and recommended by the AWWA. This includes: 1. Maintaining a proactive meter - testing program, and repair identified meters; and 2. Notifying customers when it appears that leaks exist on the customer's side of the meter. C. Schedule The City has already implemented this BMP, and continues to maintain the practice on an ongoing basis. 19 —173— D. Documentation To track the effectiveness of the Metering BMP the Water Department gathers the following documentation: 1. Copy of meter installation guidelines based upon customer usage levels; 2. Copy of meter repair and replacement policy; 3. Records of number and size of meters repaired annually; 4. Report on the method used to determine meter replacement and testing intervals for each meter size; and 5. Estimate of water savings achieved through meter repair and replacement program. E. Determination of Water Savings Each year the Water Department will estimate its annual water saving from the BMP. Savings can be estimated based upon a statistical sample analyzed as part of the meter repair and replacement program. The City maintains a meter replacement policy based upon a customer's concern on the accuracy of the meter. Records of meters replaced annually are maintained through the City's Maximo software. Meter replacement takes dominance over meter repair due to the cost of repairing old meters. With the conversion of standard meters to automated meter reading (AMR), the City has improved efficiency to purge old meters and eliminate water loss. The determination of water savings is difficult to assess. 3.4 Water Conservation Pricing A. Description The City has an increasing block rate structure for residential customers. A copy of the current water rate structure is attached as Appendix D. The basic rate structure is designed to recover the cost of providing service and billing for water, storm water and wastewater service based on actual metered water use. The rates include a consumption charge based upon actual gallons metered so that increasing water consumption results in a larger bill for the customer. Conservation such as an increasing block structure helps to decrease water use by targeting the highest use rates with highest prices. B. Implementation A utility rate study, as prepared by HDR Consultants, was completed in 2008 creating a new rate structure for all customer classes but specifically eliminated the declining rate structure for industrial accounts. The existing increasing block for residents will be was retained and additional conservation pricing structures will be examined, such as the following: 1. Seasonal rates to reduce peak demands during summer months. 2. Increasing block rates for other customer classes. Rates for single - family residential and other customer classes may be set differently to reflect the different demand patterns of the classes. 3. Restructuring of commercial rate structure to an increasing block rate. 20 —174— Successful adoption of a new rate structure included public input process to educate the community about the new rate structure. The City's rate structure adheres to all applicable regulatory procedures and constraints. 4f-the At least annually, the Water Department staff will annually review consumption patterns (including seasonal use) and the income and expense levels to determine if the conservation rates are effective, and make appropriate, regular rate structure adjustments as needed. In the 2005 Water Conservation Plan, the City identified the possibility of adopting service rules to authorize the use of commercial, industrial and residential customers to install separate irrigation meters. The City has followed through with authorizing 166 irrigation accounts that consume approximately 3,500 gallons per month. consider adopting service rules or an ordinance requiring new commercial and industrial customers to install separate irrigation meters and -the feasibility of retrofitting commercial and Public involvement in the development and implementation of conservation rates help to assure that the goals of the conservation pricing initiatives are met and accepted by local constituents. Public meetings, advisory groups, and public announcements are among ways to generate public involvement. The City's priority is a rate design that sends the appropriate price signal to customers to reduce discretionary water use. To remain effective, the rates need to be adjusted periodically to take inflation into account, as well as future increases in operating costs. C. Schedule Upon completion of the rate study, pricing recommendations will be brought to the Corpus Christi City Council for considoration. Water rate schedule was adopted August 1, 2008. The City is considering the adoption of a new storm water rate fee. D. Documentation To track this BMP, the Water Department maintains the following documentation: 1. A copy of its rate ordinance; 2. Billing and customer records that include annual revenues by customer class and revenue derived from commodity charges by customer class for the reporting period; 3. Monthly customer numbers and water consumption by customer class; and 4. A copy of the education materials on the conservation rate sent to customers for each calendar year this BMP is in effect. E. Determination of Water Savings Elasticity studies have shown an average reduction in water use of 1 to 3 percent for every 10 percent increase in the average monthly water bill. In implementing a conservation pricing 21 -175- structure, consideration will be given to the factors that influence whether the new structure results in a reduction in water use. The Water Price Elasticities for Single Family Homes (TWDB, 1998) study included the City of Corpus Christi among the study subjects. The study found long -term price elasticities of -0.20 for the City, which translates into a reduction of 2 percent in water use for a 10 percent increase in price. 3.5 Prohibition on Wasting Water A. Description Water Waste Prohibition measures are enforceable actions and measures that prohibit specific wasteful activities. Under this BMP, ordinances have been enacted and enforced to prohibit wasteful activities. No person may: 1. Allow water to run off yards or plants into gutters or streets. 2. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of- repair water closets, underground leaks, defective or leaking faucets and taps. 3. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. 4. Use non - recycling decorative water fountain. Water waste during irrigation includes: 1. Water running along the curb of the street; 2. Irrigation heads or sprinklers spraying directly on paved surfaces such as driveways, parking lots, and sidewalks in public right -of -ways; 3. Operation of an irrigation system with misting heads caused by water pressure higher than recommended design pressure for the heads, or operation with broken heads; 4. City Manager is authorized to prohibit spray irrigation during summer months between the hours of 10 a.m. and 6 p.m. if conditions warrant. 5. The Water Department is exploring the potential for introducing ordinances requiring rain sensors and /or evapotranspiration (ET) controllers on automatic irrigation systems in the future. 8. Implementation This BMP is implemented by the regular operating personnel of the Water Department, and leaks on the water system distribution lines are repaired by crews that are available 24 hours a day. Through visual detection of leaks reported by the public or Department staff, and audible detection of leaks by storm water crews, leaks are detected and scheduled for repair. C. Schedule The initial water waste provisions on Corpus Christi's City ordinances were introduced in 1986 as part of the Drought Contingency Plan. The drought contingency and water conservation ordinances have been amended numerous times. 22 —176— Future water waste ordinances, such as rain sensors or ET controllers, will be considered for introduction to the City Council in the 2009 -2010 time period. D. Documentation To track this BMP, the Water Department maintains the following documentation: 1. Copy of City's Plumbing Code, Section 612 Lawn Irrigation Systems; 2. Copy of compliance or enforcement procedures implemented by the Code Enforcement and Water Department; and 3. Records of enforcement actions including public complaints of violations and responses from Code Enforcement and Water Department. E. Determination of Water Savings Total water savings for this BMP can be estimated from each water- wasting measure eliminated through the actions taken under this BMP. The Water Department will develop new tracking methods to determine overall water saved through the water waste prohibition efforts in future years. The City has taken the practice of sending a letter to bring attention to water - wasting activity. Typically, neighbors report such occurrences to the Water Conservation Office or the City's CaII Center. Field crews make site visits to address the action and to bring the customer to eliminate the waste. The Utility Business office frequently sees homeowners who clearly have a leak or spike in water use visible through high water consumption readings. Low income customers are referred to City's Neighborhood Improvement Program to qualify for a grant for plumbing improvements. The Water Department in conjunction with the Utilities Business Office is teaming up to develop a Plumber to People Program during 2008. The program will provide financial assistance to low income homeowners to repair Teaks in plumbing devices. 3.6 Conservation Coordinator A. Description The City's Water Public Relations and Marketing Coordinator oversees and coordinates conservation efforts within the Water Department's service area for retail customers and assists in conservation efforts of wholesale customers. The Coordinator is responsible for effecting water conservation practices and measures within the Water Department's service area by promotion of water conservation programs, development of marketing strategies for conservation programs, and coordination with other Department staff and program partners. The coordinator also promotes the value of conservation programs within the Department. Water conservation programs are directed to primary grade school children through the schools and through public events, and to the general public through media awareness campaigns, demonstration gardens, public events, and partnership with other entities such as Texas AgriLife Service, Nueces County Master Gardeners and local school districts. Other duties include preparation of the annual conservation budget; preparation and implementation of the water conservation and drought contingency plans; preparation and 23 —177— submittal of annual conservation status reports to Water Department management; implementation of the Water Department's conservation program; and management of the conservation staff, consultants, and contractors, when appropriate. B. Implementation Coordinator and support staff duties include the following: 1. Manage and oversee conservation programs and implementation; 2. Document water conservation program implementation status as it relates to state requirements and water conservation BMPs adopted by the Water Department; 3. Communicate and promote water conservation to Water Department management; 4. Communication and promote water conservation to wholesale customers; 5. Coordinate Water Department conservation programs with operations and planning staff; 6. Prepare annual conservation budget; 7. Manage consultants and contractors assisting in implementing the water conservation program; 8. Coordinate with partnering agencies, such as Texas Cooperative Extension, Texas A &M University — Corpus Christi; 9. Assist in preparing presentations to the Water Resource Advisory Committee and Corpus Christi Community Advisory Council; 10. Develop public outreach and marketing strategies for water conservation; and 11. Serve as media contact and public information spokesperson for the Water Department on conservation issues. The water conservation plan's budget includes public school education programs, media campaigns, and public event participation and materials. C. Schedule The Water Department first hired a conservation coordinator in 1987. The Water Department employs the Public Relations and Marketing Coordinator, assisted by support staff, on an ongoing basis. D. Documentation The Water Department gathers the following documentation: 1. Description of the Public Relations and Marketing Coordinator position; 2. Annual or more frequent reports on progress of water conservation program implementation, costs and water savings; and 3. Effectiveness of programs of wholesale customers in terms of water savings. E. Determination of Water Savings The Coordinator assists in the implementation of other BMPs. This effort can be considered as essential to the savings accrued by the implementation of the whole range of conservation programs that are offered by the Water Department. —178— 24 3.7 Public Information A. Description The Water Department employs several types of media resources and modes of mass communication to present a compelling and consistent message about the importance of water use efficiency to managing and sustaining existing water supplies and delaying the need to build new treatment facilities. The overall goal of the public information program is to raise awareness among customers and citizens of the overall picture of regional water resources and the importance of conservation. B. Implementation The Water Department employs the following methods to bring the water resources awareness and to instill the importance of conservation in the community: 1. Multi- tiered media campaign. A budget of $57999 $76,700 funds annual television, radio, and print campaigns promoting water use efficiency. Agreements with radio and television stations provide for matching airtime for each ad purchased by the City. 2. Billboard advertisement. Ads on two billboards and 5 bus benches were obtained at a discount to promote the City's water conservation campaign, "Make Saving Water a Life Long Habit." The City has also initiated a campaign to address the City's 20007 water quality issues. A budget of $13,000 out of the $76,700 is reserved for billboard advertisement, 3. Website. The Water Conservation Department's website includes tips on outdoor and indoor conservation, an on -line version of the Xeriscape -to -Go brochure (the City's plumbing ordinance requiring drip or soaker hose irrigation on landscaped strips narrower than five feet), and information on the Xeriscape Coalition. 4. Printed brochures. Printed brochures available to the public are explained in the Water -Wise Landscape Design and Conversation Program: a. Xeriscape To -Go: Planning and Designing a Gardener's Dream, b. Xeriscape: Landscape with Less Water, and c. Purple Water -Wise Plant Labels. 5. School Education. Programs targeted to grade school children are explained in the School Education section. A budget of $33,000 is dedicated for school education. 6. Xeriscape Learning Center and Design Garden. As part of the Corpus Christi Museum of Science and History, the Xeriscape Corpus Christi Steering Committee, in partnership with the City, maintains a Xeriscape demonstration garden with more than 100 plant varieties. Within the garden an educational gazebo, The Water Story Exhibit, showcases and 8 -foot interactive topographic map of the Nueces River Basin. A second gazebo named the Learning Center features practical landscape ideas and photographs. Educational Walk 'n' Talk Tours are held annually to enhance public education. 25 —179— 7. City Call Center Water Hotkne. The City's Call Center was created The Water Hotlinc was octablichcd in 1090 to encourage customers information to report water line breaks, service calls and water conservation information. Customers utilize a dedicated telephone line to request water conservation kits and other information. In addition, a screen message is shown daily on the City's public access station Channel 20 that encourages customers to call for a free water saving kit. The message rotates continuously 24171365. C. Schedule 1. The Xeriscape Leaming Center and Design Garden at the Museum of Science and History premiered in 1994 and continues as an ongoing effort. 2. The multi- tiered media campaign was initiated in 1994, and continues as an ongoing effort. 3. The Call Center was developed in 2004 and replaces the Water Hotline. The Call Center offers a live person to receive customer calls. 4. Xeriscape -to -Go in both print and on -line versions was developed and printed in 1999. 5. The City's Water Conservation website is continually updated. D. Documentation To track the progress of this BMP, the Water Department gathers the following documentation: 1. Number of activities, pieces of information distributed, and number of customers at that activity; 2. Number and schedule of activities or information pieces related to promoting specific BMPs adopted by the Water Department; 3. Number of public school children divided by grade level who received instruction in water resources or water conservation; 4. Number of news programs or advertisements that featured the water conservation message and how many customers had the opportunity to receive each message; 5. Total population in the service area; 6. Total budget by category for public information; and 7. Results of annual or biannual customer survey and /or focus groups to determine the reach and impact of the program. E. Determination of Water Savings Water savings due to public information efforts are difficult to quantify. Water savings for other public infonnation programs that result in specific actions by customers such as changes in irrigation scheduling or reduction in water waste occurrences may be quantified through surveys or analysis of water waste reporting in future years. The City tracks the number of presentations made to schools or organizations. The number of community activities are documented such as the Xeriscape Symposium (60 attendees), World of Water Celebration (700), Earth Day (2,000), American Diabetes / City Job Fair (90), school campuses - science extravaganzas (1,200), AgriLife 26 —180— workshops (75), Del Mar College presentations (75) Home and Garden shows (1,500) etc. Presentations have been made to Barnes, Fannin, Kostoryz, Houston, Cunningham, Los Encinos, Meadowbrook, Yeager, Moore, Evans Sanders, Garcia and Moore Elementary. School district officials post information in their newsletters to teachers extending the opportunity to have a guest speaker from the Water Department. In addition, teachers are sent an email with a personal invitation from the Water Conservation Coordinator. Teachers welcome the opportunity to have a presenter. 3.8 School Education A. Description School education programs, which may not result in quantifiable water saving, nevertheless enhance a utility's public image, contribute to the attainment of Texas state education goals by students, increase customer goodwill, and increase the viability of its overall water conservation efforts. The message conveyed by students to their families based upon greater knowledge of water sources and conservation can result in behavioral changes resulting in both short- and long -term water savings. B. Implementation The City of Corpus Christi Water Department offers the following school educational programs. • Major Rivers. Piloted in 1991, the self- contained Major Rivers curriculum, incorporated th into the 4 grade curriculum, meets or exceeds the requirements of Texas Essential Knowledge and Skills (TEKS). The program educates students on water conservation, supply, treatment, distribution and conservation. The self- contained program offers academic and hands -on activities in math, language arts, science, and social studies, with teacher's guide geared to the interdisciplinary curriculum, as well as an introductory video and home information leaflets. The program includes pre- and post -test evaluations. In addition, teachers receive continuing education credits for participating in Major Rivers workshops. The program is funded by the City at a base price of $45 per classroom. • Toby Globy Eco- Action. Introduced to school children in grades pre- kinder to second grade with classroom and special event visits by mascot Toby Globy, this locally produced bilingual program brings the environmental awareness to primary grade school children in sing -along song and coloring books, a compact disc of recorded music in English and Spanish, environment - oriented classroom - activities, posters, and a pictorial instruction booklet introducing solid waste, and recycling, in addition to water conservation. • Learning to be Water Wise. A program is used in 5th grade classrooms to associate science, math, language arts, and social studies to water conservation activities. Boxed kits, which include a toilet water displacement bag, toilet leak detector tablets, showerhead and faucet aerators, and instructions for repairing common toilet leaks, are given to each student. This program, has been shown to produce an estimated savings of 8,900 gallons per year in homes in which the water- saving fixtures have been installed (Learning to Be Waterwise, City of Corpus Christi 2001 -2002 Program Summary Report, Prepared for City 27 —181— of Corpus Christi, Dave Munk, 2002.) • Workshop for Daycare Teachers. In a half- day -long workshop, Pre - kinder to second grade teachers were introduced to age- appropriate water resources teaching aids, including the educational program "Toby Globy Eco Action Team and coloring books with a water - conservation message. • Water Source Book. The Water Source Book, developed by the Water Environment Federation, reinforces water resource issues with hands -on classroom activities and experiments for grades 6 through 8. The classroom activities feature water, wastewater, and storm water experiments. This book is provided by the City to all local school resource libraries. Continuing education workshops, introduce local classroom teachers to the Water Source Book. Teachers can utilize this teaching aid to satisfy certain TEKS objectives as established by the Texas Education Agency. • Coastal Bend Teacher Resource Extravaganza. The City Water Department has participated in the Coastal Bend Informal Educators (CBIE), to offer valuable opportunities and resources for teachers, students and the general public at the annual event. The City Water Department sponsors the event which brings environmental resources to teachers throughout Texas Education Agency Region 2 area. • Museum of Science and History. The Corpus Christi Museum of Science and History offers guided tours to school groups. In addition, educational gazebos, targeted to children, features various showcases an 8 -foot interactive topographic map of the Nueces River Basin. The touch of a button activates lights and sound to explain the area's water resources. Displays throughout the Xeriscape Learning Center and Design Garden are used as teaching tools for children and adults. • Other educational materials. The Water Department of the City of Corpus Christi also provides age- appropriate water resources teaching materials at public events. Materials include Splash Activity Book, My Book About Water and How to Use it Wisely, and The Story of Drinking Water. Spanish material is also available upon request. • Water IQ. By 2010, the City plans to adopt the Texas Water Development Boards new educational program to target middle grade students. C. Schedule The Water Department of the City of Corpus Christi will continue to offer existing age- and grade - level- appropriate educational programs in the classroom as detailed above. D. Documentation To track the progress of this BMP, the utility should gather and have available the following documentation: 1. Number of school presentations made during reporting period: Fourteen presentations were made to elementary and middle grade schools during 2008. 28 —182— 2. Number and type of curriculum materials developed and /or provided by water supplier: All elementary campuses within the Corpus Christi Independent School Districts received a copy of Major Rivers and Toby Globy Eco Action program kits. Major Rivers —160 program kits; Tobv Globv Eco Action — 192 Teacher Lesson Plan Kits; and Learning to be Water Wise — 322. 3. Number and percent of students reached by presentations and by curriculum; A total of 2,711 students were reached. 4. Number of students reached outside the utility service area: Educational materials and literature given to teachers outside the City utility service area; however, the numbers were not quantified. The City also works with neighboring communities by offering them the opportunity to use the City's water conservation literature. 5. Number of in- service presentations or teacher's workshops conducted during reporting period: One teacher workshop was held in conjunction with the Texas Education Agency, Region 2 relating to the Tobv Globv Eco Action. 6. Results of evaluation tools used, such as pre- and posttests, student surveys, teacher surveys: Teachers attending the workshop completed a survey providing useful feedback. Major Rivers pre- and posttests survey results are typically not submitted back to the City. 7. Copies of program marketing and educational materials: A sample packet of materials distributed to schools is attached. 8. Annual budget for school education programs related to conservation. The Water Department reserves approximately $30,000 for school education programs per fiscal year. E. Determination of Water Savings Water savings for school education programs are difficult to quantify. The retrofit kit included with the Learning to be Water Wise has been shown to reduce domestic water use by 8,885 gallons per year per household. 3.9 Water -Wise Landscape Design and Conservation Program A. Description The City will decrease both summertime water consumption peaks and overall water use by the installation of water -wise landscapes at residential properties and subsequent education to ensure efficient irrigation of the new landscapes. Water -wise landscaping involves not only plant selection, but continued attention to appropriate irrigation and landscape maintenance. In addition, a public education and outreach campaign through the media, Water Department - produced brochures, partnership with the Nueces County Master Gardeners and Texas Cooperative Extension, plant labeling at commercial nurseries, and installation of public demonstration gardens will create a multi- faceted program bringing water -wise landscape design to residential and commercial customers. 29 —183— The City has adopted a Landscape Ordinance as part of its Zoning Ordinance. This ordinance requires landscape plantings within commercial developments to enhance the beauty of the City. The ordinance assigns points to the various plant materials. To encourage the use of water -wise landscaping, drought - tolerant and low- water -use species are assigned a higher point value. To comply, a landscape design must surpass an established threshold number of points, which is achieved more easily with the water wise and drought - tolerant plants. 8. Implementation The implementation of this BMP involves continual public education campaigns, including media partnering with groups such as Nueces County Master Gardeners for outreach. The City will continue existing public outreach measures and existing educational and outreach campaigns: 1. Xeriscape To -Go: Planning and Designing a Gardener's Dream. A new brochure, both in print and online, designed to educate local residents on the benefits of Xeriscape landscaping, features a plant list suitable for the Coastal Bend and an explanation of the seven principles of Xeriscaping. The choice of vegetation and the Xeriscape gardening techniques save water and reduce maintenance requirements. 2. Xeriscape: Landscape with Less Water. A brochure detailing the seven principles of Xeriscape. 3. Purple Water -Wise Plant Labels. A brochure produced in cooperation with the non- profit Xeriscape Corpus Christi, commercial nurseries, and Texas AgriLife Service to bring to public awareness lists of plants that are proven performers in the Coastal Bend. Also, the City's landscape ordinance assigns points to the various plant materials; drought - tolerant species are assigned a higher point value. Water -wise plants are labeled with purple tags at commercial nurseries for easy identification. Purple labels are affixed to water -wise and drought - tolerant plants offered at retail nurseries. 4. Multi -Tier Media Campaign. The City will continue local television and radio stations ads, with stations offering to match ad for ad, or provide a rate discount to the City. A television commercial featuring Texas Cooperative Extension horticulture agents will promote water -wise landscaping. 5. Xeriscape Corpus Christi. A steering committee established to develop an educational garden teaching the seven principles of Xeriscape. The garden was built at the Museum of Science and History. The steering committee's members include the City of Corpus Christi Water Department, Storm Water Department, and Park and Recreation Department, Corpus Christi Museum of Science and History, Friends of the Museum, Mayor's Water Conservation Advisory Committee, Nueces County Master Gardeners, and Texas AgriLife Service of Nueces County. 6. Xeriscape Design Garden and Learning Center. The demonstration garden at the Museum of Science and History exhibits over 100 plant varieties. One educational gazebo, The Water Story Exhibit, showcases an 8 -foot interactive topographic map of the Nueces River Basin. The touch of a button activates lights and sound to explain the area's water resources. The second gazebo redesigned and renamed Learning Center, features various wall exhibits. activitics. Other exhibits feature South Texas' hardiest plants, a mulch exhibit, and a 30 —184— classroom exhibit, as well as a feature on South Texas' hardiest plants. Garden works days are held bi- annually and the public are invited to participate. Planting events arc held twice a month. Tours are provided to schools and civic organizations upon request. 7. Rain Sensors. The Water Department will evaluate the potential for greater savings by adoption of a rain sensor ordinance requiring the use of rain sensors on all automated irrigation systems. 8. Evapotranspiration (ET) Controllers. The Water Department will explore the possibility of requiring ET Controllers on new and refurbished irrigation systems. These controllers may also be purchased for use with City property as demonstration project. In addition, vegetation on each island at the Xeriscape Design Garden and Learning Center is grouped based upon water needs. Each island is separately metered, and the individual meters are read monthly. They are watered on average one - quarter inch to one -third inch per week. Rain sensors on the automatic sprinkler systems help reduce water use by running equipment only when water is needed. Landscaping at Water Department properties and some park properties survives on rainfall alone. C. Schedule This BMP was initially implemented in 1991 with the initiation of the multi- faceted media campaign to increase public awareness of Xeriscaping. A number of activities listed above have been initiated over the years, and are planned for ongoing implementation, including: 1. Public outreach and educational campaigns and partnership with Nueces County Master Gardeners, Texas AgriLife Service of Nueces County, Texas Cooperative Extension and retail plant nurseries since 1993; 2. Plant labeling for water -wise and drought- characteristics at commercial plant nurseries since 2004 and remains active into 2009; and 3. Draft plan for a changes to the commercial landscape ordinance in 2005 2006. The City's Commercial Landscape Ordinance was amended in 2007 to promote water conservation measures. Over the next five years, the City will perform evaluations of its ongoing programs to determine the effectiveness of each effort. The City will also determine the feasibility of ordinances requiring ET- controller and rain sensor installation on automated sprinkler systems by the end of the 2986 2014. D. Documentation To track the effectiveness of Water -Wise Landscape Design and Conversion Programs, the Water Department will gather the following documentation: 1. Number of dedicated irrigation meter accounts; 2. Estimated landscape area converted; 3. Estimated water savings based on customer billing records; 31 —185— 4. Customer water use records prior to and after conversion of the landscape. This data is best compared in years of similar rainfall and after the landscape has been installed a sufficient time to establish itself; and 5. Number of rain sensors and ET- controllers on automatic sprinkler systems and customer records prior to and after installation of such devices. This data is best compared in years of similar rainfall and after the landscape has been installed a sufficient time to establish itself. E. Determination of Water Savings Water savings will be determined from analysis of actual customer - metered water use before and after landscape conversion and /or installation of rain sensors or ET- controllers. In addition, the effectiveness of educational and public outreach campaigns will be assessed by analysis of peak and annual water volumes per customer class. The City currently has 166 irrigation accounts with an average consumption of 3,500 gallons per month. The City hopes to initiate a landscape design and conversion program before 2014 to effectively monitor conversion of landscape areas, water savings, and incorporate the use of rain sensors. 3.10 Park Conservation A. Description The City of Corpus Christi Parks and Recreation Department manages two golf courses; two large City -wide parks; five recreation centers; several decorative fountains; nine public swimming pools; and more than 200 neighborhood parks, some with irrigated athletic fields. At these facilities, the visible use of water often comes under scrutiny by the public and water resource managers both because of large water demand to maintain a park and because of the perception that the water use may be excessive. Conservation of water at parks will be achieved through the BMPs on Prohibition on Wasting Water; Water -Wise Landscape Design; Retrofit of Existing Connections and Metering of New Connections; and System Water Audit and Loss Program. The Water Department will also explore the potential and feasibility of expanding irrigation of golf courses with reclaimed wastewater. At present, between 2 and 3 percent of treated wastewater is reclaimed to irrigate golf courses and a baseball field. B. Implementation 1. Parks properties will be included in the Water Department's System Water Audit and Loss programs identified in Section 3.2. 2. The Parks Department voluntarily adopts Landscape Ordinance provisions of the Corpus Christi Zoning Ordinance, Article 27B. 3. In compliance with Corpus Christi Plumbing Code, Section 612 Lawn Irrigation Systems. 32 —186— C. Schedule To accomplish this BMP, the Water Department will; 1. Ensure park properties' landscapes are planted and irrigated in compliance with City ordinances and plumbing codes within the next five years; 2. Continue the use of reclaimed wastewater for irrigation started in 1987; 3. Beginning in 2005, include park properties in the System Water Audit and Loss programs; and 4. Ensure that other BMPs promoting efficient use of water are followed at park properties. D. Documentation To track the progress of this BMP, the Water Department will gather and have available the following documentation: 1. Water savings due to offset of potable water use by irrigation with reclaimed waste water; 2. Water savings attributable to repairs of leaks; 3. Changes to irrigation systems, retrofits, or upgrades, regular leak detection, maintenance policies, and estimated water savings from conservation practices; 4. Estimated water savings attributable to changes implemented; and 5. Costs of repairs, equipment upgrades, or new equipment installed. The Water Department will compare monthly data for irrigation water consumption from irrigation meter readings at park properties on an annual basis or more frequently during times of water shortage. Special emphasis will be placed upon evaluating data from sites before and after significant irrigation system changes or upgrades. City maintains performance measure software to monitor the progress of leaks repaired. The Maximo software will identify individual categories to estimate the volume of water savings attributable to repairs of leaks. E. Determination of Water Savings The Water Department compiles monthly data for irrigation water consumption from irrigation meter readings at park properties on an annual basis or more frequently during times of water shortage. Special emphasis will be placed upon evaluating data from sites before and after significant irrigation system changes or upgrades. Figure 5 identifies water consumption dropped 49 percent at park properties during calendar year 2008. 33 —187— Or IIrj Figure 5 Park Department Water Consumption 1,000 Gallons 160,000 120,000 80,000 40,000 2005 3.11 Reuse of Reclaimed Water 2006 2007 2008 A. Description - The Certificate of Adjudication for Choke Canyon Reservoir required the City of Corpus Christi to provide no less than 151,000 acre feet of water per annum for the estuaries by a combination of releases and spills from Lake Corpus Christi and by way of return flows to the Nueces and Corpus Christi Bays and other receiving estuaries. Subsequent amendments to the City's Certificate of Adjudication refined the freshwater inflow requirements to Nueces Bay by calculating target inflows as a percentage of system storage; however the balance of effluent that can be utilized for reuse purposes by City was determined in the February 2001 TCEQ Agreed Order. The City of Corpus Christi currently has six reclaimed water use customers and recognizes that the direct use of reclaimed water is an effective method of reducing potable water usage. Reclaimed water is defined as, "Domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of this chapter and other applicable rules and permits" (30 TAC §210.3(24)). Corpus Christi reclaimed water is primarily used for irrigating recreational tracts and maintaining the Nueces Estuary. B. implementation To facilitate expansion of its reuse program, the Corpus Christi Water Department will identify and rank industrial, commercial, and institutional (ICI) customers according to volume of water use, and investigate the feasibility using reclaimed water. The Water Department will also investigate reuse opportunities within its own accounts or with third parties outside its service area. The City owns several public areas that are candidates for reuse. Historically, Corpus Christi began its reuse program in the early 1960s when it began delivering reclaimed effluent to its first customer, the Gabe Lozano Golf Course. Over the next several decades, the City acquired five additional reuse customers including two more golf courses, a country club, a softball complex and the landscape median of Park Road 22. The remaining two golf courses within the City recently entered into an agreement with the City for the supply of reclaimed water. Approximately 2.5 percent of the City's overall effluent flows are reused as reclaimed water. 34 —188— C. Schedule The Water Department will continue to deliver reclaimed water to its six customers and investigate a possible expansion of the reuse program. D. Documentation To track this BMP, the Water Department will gather the following documentation: 1. Description of wastewater treatment facilities and reclaimed water distribution systems. 2. Documentation of its efforts to find reuse opportunities within it customer base, including lists of potential users. 3. Number of gallons or acre -feet of previous potable water use replaced by reuse water since implementation of this BMP. E. Determination of Water Savings Water savings are estimated at up to 100 percent of total amount of potable water replaced by reclaimed water. Changes in operating parameters or water balance calculations which depend upon water quality parameters, such as the impact of total dissolved solids (TDS) in irrigation water, may require different quantities of reuse water to be applied for same end uses. For the period of 2006 through 2008, 876 million gallons of wastewater effluent was applied to four golf courses and baseball parks. Additional details are shown in the attached Utility Profile Report. 3.12 Plumbing Assistance A. Description The Water Department is developing an affordability program to provide plumbing assistance to low- income residential customers seeking to repair plumbing fixtures in their homes. The Utility Business Office reports that low- income residents often find themselves with high water consumption resulting from leaky plumbing devices for which they cannot afford to repair. The intent of the program is two -fold: (1) to eliminate the cycle of uncollected high water bills resulting from water Teaks; (2) to promote water conservation. B. Implementation Persons eligible for the program must meet the following criteria. • City of Corpus Christi water customer • Homeowner and occupant ■ Meet the eligibility requirements established by the City of Corpus Christi Neighborhood Improvement Office income requirements which are similar to 35 —189— those for most government assistance programs as identified under the 2009 income limits. Individuals must contact the Utility Business Office (UBO) to identify their eligibility to determine the individual's income limits and need for assistance. The UBO representative will contact the plumber who is responsible to contact customer. The plumber will be given the homeowner's name, address, phone number and a brief description of the problem. Licensed and bonded plumbing companies will conduct a free estimate of repairs and notify City officials on the probability of repairing the leak. Only plumbers under contract will be authorized to make repairs. If the homeowner makes repairs, they will not be eligible for reimbursement under the program. C. Schedule The Water Department will implement the program during Fiscal Year 2009 -2010 which begins August 1, 2009. D. Documentation To track this BMP, the Water Department and the Utilities Business Office will gather the following documentation: 1. Documentation the number of homeowners who qualify for the program based on eligibility requirements and history of high water use due to leaks. 2. Initiate contract with reputable plumbing companies who agree to repair plumbing leaks 3. Account for the number of gallons saved after repairs are made to the plumbing devices. E. Determination of Water Savings To determine water savings, a comparison will be made of previous water consumption data to that of consumption after repairs. An evaluation of plumbing leaks can be made by the plumber to determine the estimated waste of water by the defective plumbing device. —190— 36 Chapter 4 Wholesale Customer Conservation 4.1 Summary As part of the 2005 2008 Water Conservation Planning Process, wholesale customers have been reviewed to determine conformance with the water conservation goals of the Plan. Communication will be maintained with wholesale customers to ensure that the City's retail and wholesale customers are being treated in an equitable fashion, and for optimum implementation of the Plan. The City offers wholesale customers the opportunity to cosponsor conservation education and information activities. 4.2 Wholesale Customer Targets and Goals The City of Corpus Christi serves five wholesale customers with treated water and six wholesale customers with raw water. The raw water is delivered to Corpus Christi's four municipal and two industrial customers. The water demands for these customers are summarized in Chapter 2, Demand Profile, Targets, and Goals, and are further detailed in the Water Utility Profile in Appendix A. Due to the fact that the City's wholesale customers have other sources of water in addition to the water provided by the City, the total gpcd provided in Table 2, Wholesale Customer Targets and Goals below, is based upon the Water Resource Planning information from the TWDB. 4.3 Metering, Monitoring, and Records Management The City meters all water diverted from the raw water supply to its wholesale customers. The City also meters all treated water delivered to its wholesale customers. By contract these meters are calibrated on a semiannual basis, and must be accurate within 2 percent. The meters are read on a monthly basis for billing purposes. A summary report is prepared, which aggregates all meter readings from wholesale raw water meters, wholesale treated water meters, and all retail customers, as well as the readings from the meters at the intake to the 0. N. Stevens Water Treatment. 4.4 Leak Detection and Repair The treated water wholesale customers are supplied from portions of the City's distribution system. The meter location is the point of sale after which the water enters the customer's system, which is the customer's responsibility to operate and maintain. The portions of the City's distribution system that serve these wholesale customers is subject to the same leak detection and repair program described in Chapter 3, Section 3.2 System Water Audit and Water Loss. 37 —191— All raw water delivery systems to the wholesale customers are owned and operated by those customers. Therefore, they are responsible for any leak detection and repair programs as well as for unaccounted -for water. Wholesale customers are encouraged to voluntarily report their results to the City in order to promote cooperative efficiency efforts. 4.5 Contractual Requirements The City has in place valid contracts with various wholesale customers including raw water contracts with municipal water suppliers, Alice Water Authority, Beeville Water Supply District, City of Mathis, and San Patricio Municipal Water District. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. Industrial wholesale customers, include Celanese, and Flint Hills Resources. All of these contracts contain language relating to water use restrictions in drought situations. Each contract has a section requiring the customer to accept shortages in supply, should natural or unforeseen circumstances prevent the City from delivering the water. With the exceptions of the Beeville Water Supply District and San Patricio Municipal Water District contracts, the contracts further stipulate that should there be a shortage in the basic supply of water which requires the restriction or curtailing of any consumer of water within the city limits of Corpus Christi that the wholesale customer limit and restrict all of its customers to the same extent. In the most recent contract, with San Patricio Municipal Water District, language concerning water conservation year -round is included. As the need to renegotiate other contracts arises, the City will include contract language requiring conformance with applicable state and federal regulations concerning water conservation. The Beeville Water Supply District requires the district to reduce its average raw water consumption by specific percentages whenever the City declares water shortage conditions. The district is required to reduce its average raw water consumption by 10% when the reservoirs fall below 50% (Condition I), 20% when the reservoirs fall below 40% (Condition II), 30% when the reservoirs fall below 30% (Condition III), and to cease raw water withdrawals when reservoir storage levels drop below 20% (Condition IV). In exchange the District is excused from contract minimum payments during the time of shortage; and it has the discretion to supplement river water with groundwater in lieu of imposing water use restrictions on its customers. The San Patricio Municipal Water District has the discretion to either implement water conservation and drought measures similar to those imposed by the City or to reduce the water it takes from the City's water supply system. If the district elects to reduce the amount of water it takes from the City's water supply system the reductions are based on the average deliveries for the same month of the year over the three previous years. The percent of the reduction is based on the available water in the City's reservoir system. The required decrease in the amount of water that can be taken is 10% when the reservoirs fall below 50% (Condition I), 20% when the reservoirs fall below 40% (Condition II), 30% when the reservoirs fall below 30% (Condition III), and 60% when the reservoirs fall below 20% (Condition IV). 38 —192— 4.6 Targets and Goals The City has no enforcement mechanism to impose conservation targets and goals upon its wholesale customers at this time. Achieving these goals must be through cooperative efforts to maintain and improve system efficiencies, to educate customers to the importance of conservation, and to enforce existing plumbing regulations within the municipal boundaries of each entity. To assist in meeting these goals, the City plays an active role in Region N water resource planning, working with wholesale customers on a voluntary basis on water conservation programs like those described in Sections 3.7, Public Information; 3.8, School Education; and 3.9, Water -Wise Landscape Design and Conversion Program. Wholesale customers may voluntarily report their progress on water conservation activities on an annual basis. The Region N Water Resource Planning Group has projected water conservation from plumbing fixture replacements which are listed in Table 3, Wholesale Customer Municipal gpcd. The City will assist its wholesale customers in voluntarily meeting these goals through cooperative efforts like those mentioned above. Table 3 Wholesale Customer Municipal GPCD Customer Name Alice Water Authority Beeville Water Supply District City of Mathis Nueces County Water Control and Improvement District 4 / Port Aransas San Patricio Municipal Water District South Texas Water Authority Violet Water Supply Corporation GPCD - Weighted Average GPCD 2000 248 172 119 187 GPCD GPCD 2010 2020 244 241 168 164 115 112 181 179 118 111 107 155 152 148 151 148 145 151 145 141 Source: 2003 Population and Demand Projections for Region N, TWDB, 2003. Of the wholesale customers served by the City, fivo six have per capita consumption higher than the statewide goal of 140 gpcd recommended by the Water Conservation implementation Task Force, while two has per capita use rates lower than 140. The aggregate per capita use rates, weighted by population show that the overall per capita for the City's wholesale customers will drop to around 141 gpcd by 2020. The 5- and 10 -year targets are 146 gpcd and 143 gpcd. The gpcd targets are not relevant as conservation targets for industrial wholesale customers. Wholesale customers will be encouraged to operate efficiently and to keep water loss rates below 10 percent. 39 —193— 4.7 Reservoir System Operating Plan The Reservoir System Operating plan is discussed in Chapter 1. A copy of the plan is attached in Appendix C. 40 —194— Chapter 5 Drought Contingency Plan 5.1 Summary A drought contingency plan is designed to address drought emergencies or uncontrollable circumstances that can disrupt the normal availability of water supply. The plan identifies water supply sources as well as measures to reduce water use. The plan may be implemented in other than drought emergencies such as system failures or weather - related events such as hurricanes. The City of Corpus Christi has had a Drought Contingency Plan in effect since 1987. This chapter summarizes the City's Drought Contingency Plan. Emergency contingency planning is not the same as conservation planning. While water conservation involves implementing permanent water use efficiencies, an emergency contingency plan establishes temporary methods or techniques designed to be used only as long as the emergency exists. The City's Drought Contingency Plan includes the following elements: A) Trigger conditions signaling the start of an emergency period; B) Emergency contingency measures; C) Education and information; D) Initiation procedures; E) Termination notification actions; and F) Implementation. In addition, under the City's agreed order with the Texas Commission on Environmental Quality under Certificate of Adjudication No. 21 -3214, the City is required to implement certain measures when specific trigger conditions are met, if the City elects to reduce the amount of water that is passed through its reservoir system to the Nueces bay and estuary. The Plan is found codified in ordinance Sections 55 -150 to 55 -159, and is attached as Appendix B to this Water Conservation and Drought Contingency Plan 2005. 5.2 Procedure — Implementation The City has automatic measures that are triggered at certain reservoir levels. In addition the City Manager may implement any or all of the water use restriction measures, as appropriate. The City Manager shall notify the members of the City Council before implementing any measures. Criminal penalties do not apply during the time of voluntary conservation. 5.3 Procedure — Notification When trigger conditions and potential emergency contingency measures appear to be necessary, the City Manager shall publish notice in a daily newspaper of general circulation in 41 -195- Nueces County when each water use restriction measure takes effect. Copies of the notices published by the City Manager under this section shall be filed with the City Secretary who shall send a copy of the notice to each member of the City Council and a certified copy of the notice to the judges of the Municipal Court. 5.4 Plan Applicability The Drought Contingency Plan applies to all persons and premises receiving retail water from the City of Corpus Christi Water System. Wholesale customers are also subject to the plan under their contracts with the city. Specific restrictions based upon trigger levels and types of water use are detailed in the codified ordinance. 5.5 Enforcement The City Manager has the authority to designate the enforcement authority of the Drought Contingency Plan. The City may serve a person or user in violation of this Drought Contingency Plan with a written notice stating the nature of the violation and giving a time limit for compliance. This notice may be in the form of a door hanger or written citation. Penalties are set forth in the ordinance. Any police officer, or other City employee designated by the City Manager, may issue a citation to a person s /he reasonably believes to be in violation of this article. 5.6 Emergency Criteria Emergency criteria triggering the implementation of various stages of the Drought Contingency Plan include, but are not limited to, the following: A) Voluntary announcement when combined storage in the Choke Canyon /Lake Corpus Christi Reservoir System (Reservoir System Storage) falls below 50 percent of the Reservoir System Storage capacity; B) Automatic announcement of restrictions when combined storage falls below 40 percent of the Reservoir System Storage capacity; C) General or geographical emergency; and D) Water system failures /emergencies (i.e., pressure zone deficiencies, chemical spills, broken water mains, power outages, electrical failures, failures of storage tanks or other equipment, treatment plant breakdown, and /or water contamination). 5.7 Descriptions of Trigger Conditions Upon the occurrence of an emergency, the City Manager may exercise his or her discretion to request special voluntary water use restrictions and /or to initiate mandatory restrictions. Public information concerning these stages is codified in ordinance and contained in Sections 55 -150 to 55 -159 inclusive, and attached as Appendix B to this Plan. 42 -1 9 6- The City Manager may consider additional conservation measures that benefit specific water use restrictions as identified.in the City's Drought Contingency Plan, Section 55 -153, including: • Restricting the use of water for watering foundations. • Restricting use of water for washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment. • Prohibiting the washing of building exteriors and interiors, trailers, trailer houses and railroad cars with potable water. • Restricting the use of water for recreational uses, such as playing in sprinklers. • Restricting the use of fire hydrants for any purpose other than firefighting. • Prohibiting the use of potable water in ornamental fountains or in artificial waterfalls. • Prohibiting the use of potable water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard - surfaced area, or building or structure. • Prohibiting the use of potable water for dust control. • Limiting the use of potable water to irrigate golf courses. ■ Prohibiting new service connections to the city's water system. • Prohibiting the use of potable water to put new agricultural land into production. ■ Denying applications for new, additional, further expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind. ■ Establishing allocations of water use to industrial and commercial customers in amounts, after consultation with the allocation and review committee. • Establishing the maximum monthly use for a residential customer with revised rate schedules and penalties approved by the city council, based on recommendations by the allocation and review committee. 5.8 Target Goals The Corpus Christi Drought Management Ordinance is designed to reduce water demand through the imposition of specific water use restrictions including the use of bill surcharges and mandatory limits on consumption. As conditions worsen, automatic measures are mandated and additional discretionary measures may be implemented. It is the goal of this Water Conservation and Drought Contingency Plan to achieve specific, quantified targets for water use reductions during periods of water shortage and drought. These targets are summarized in Table 4 Water Reduction Targets below. 43 —197— 5.9 Wholesale Water Contracts Every wholesale water contract entered into, renewed or modified shall include language relating to the City of Corpus Christi Water Conservation and Drought Contingency Plan, adopted under Section 55 -151 of the Code of Ordinances to impose similar restrictions, surcharges or rationing measures on their customers. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. In addition, every wholesale water contract entered into or renewed after adoption of the plan (April 26, 2005), including contract extensions, must include a provision that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, §11.039. Table 4 Water Use Reduction Targets during Periods of Water Shortage and Drought Reservoir Storage Level Target Demand Reduction Levels <50% 1% <40% 5% <30% 10% <20% 15% 44 —198— Glossary: Best Management Practice (BMP) — A conservation measure or system of business procedures that is beneficial, empirically proven, cost - effective, and widely accepted in the professional community. Conservation — Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. Industrial use — The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. Irrigation — The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water through a municipal distribution system. Municipal per capita water use — The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. Municipal use — The use of potable water within or outside a municipality and its environs whether supplied by a person, privately owned utility, political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. Municipal use in gallons per capita per day — The total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals. Pollution — The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Public water supplier — An individual or entity that supplies water to the public for human consumption. Regional water planning group — A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §1 6.053. Retail public water supplier — An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that 45 —1 9 9— supplies water to itself or its employees or tenants when that water is not resold to or used by others. Reuse — The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state -owned water. Single Family Residential gpcd — Total annual single - family residential consumption divided by total population divided by 365. Total gpcd — Total annual water delivered to treatment plant minus sales to wholesale customers and then divided by total population and divided by 365. Water conservation plan — A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the Toss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). Water loss - The difference between water diverted or treated and water delivered (sold). Water loss can result from: 1. Inaccurate or incomplete record keeping; 2. Meter error; 3. Unmetered uses such as firefighting, line flushing, and water for public buildings and water treatment plants; 4. Leaks; and 5. Water theft and unauthorized use. Wholesale public water supplier — An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. 46 —200— 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY DELETING DIVISION 12, SMALL BUSINESS ADVISORY COMMITTEE; SUPPORTING THE CORPUS CHRISTI CHAMBER OF COMMERCE'S SMALL BUSINESS COUNCIL; AND PROVIDING FOR SEVERANCE. ISSUE: Resolution Dissolving the Small Business Advisory Committee and replacing with the Corpus Christi Chamber of Commerce Small Business Council. PREVIOUS COUNCIL ACTION: None FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends the dissolution of the Small Business Advisory Committee. Irma Caballero Director of Economic Development -203- BACKGROUND INFORMATION Created in August 24, 2004 the Small Business Advisory Committee (SBAC) was established to advise the Economic Development Office on projects and programs to initiate or research for the purpose of retaining and expanding small and historically underutilized businesses and jobs; on the development of partnerships with organizations for such projects and programs; and to serve as a focal point to communicate approaches to identify, attract, expand, and retain small and historically underutilized businesses. In March of 2005, the City Council appointed nine (9) members to the SBAC serving three -year staggered terms, which is composed of representatives from organizations that assist small and historically underutilized businesses. Items discussed during the year 2005 include: purpose and requirements of the committee; Small Business and Economic Development Resources in Corpus Christi; Taimerica Best Practices Report and other research on successful economic development policies and strategies and their application in Corpus Christi. SBAC held a total of nine (9) meetings for 2006 scheduled monthly. Items discussed during the 2006 year include: Review of the previous year; SBAC Rules of Engagement; Downtown Redevelopment Committee (DRC) vision, goals, objectives and final recommendations for City Council; Formation of Downtown Task Force (DTF); 4A Board Charter and Business Incentive Guidelines; Identify strategies and make recommendations to align resources and bridge gaps between small business needs and resources; SBAC retreat: Brainstorming session to revisit SBAC purpose, business development and utilization of resources. SBAC held a total of four (4) meetings for 2007 scheduled quarterly. Items discussed during the year 2007 included: Review of the previous year; Implementations of DRC recommendations, Economic Development Website discussion and brainstorming; Small Business Guidelines and Criteria discussions; Creation of small business support link on the City's website; Adopt Downtown Project. The SBAC scheduled two meetings in 2008 however no quorum was met. The Economic Development Office along with the Chair of the SBAC, Lamont Taylor, discussed the future of the - committee and how it can best serve the community and be effective. Through the new leadership at the Corpus Christi Chamber of Commerce, Foster Edwards has formed a Small Business Council which will provide an opportunity for small business leaders and service providers to meet regularly to address small business needs in the community. The primary focus of the Small Business Council will serve as an information center that will provide resources, seminar classes, and give guidance to small businesses; the Small Business Council is comprised of service providers, small business owners and a city liaison. A representative of the Small Business Council will provide periodic updates to the 4A Board and City Council. Prior to the 4A Board going out for RFP's for small business projects, City staff will seek input from the Small Business Council. Furthermore, the Economic Development office can schedule ad hoc groups to discuss issues pertinent to small business. —204— AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 2, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY DELETING DIVISION 12, SMALL BUSINESS ADVISORY COMMITTEE; SUPPORTING THE CORPUS CHRISTI CHAMBER OF COMMERCE'S SMALL BUSINESS COUNCIL; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article IV, Chapter 2, Code of Ordinance is amended by deleting Division 12 and reserving section 2 -140 — 2 -143: ARTICLE IV. MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES* "Soo. 140E `ccs♦a bl hmcnt. * * "Definitions; Regulatione. Ord. Repealing Division 12 04172009.DOC -205- 2 agefisies, "S 2 142 Organization comm:n ORD. REPEALING DIVISION 12 04172009.DOC -206- 3 "Secs. -2444 2 -140 -- 2 -149. Reserved." SECTION 2. In place of the Small Business Advisory Committee, the City Manager shall designate a representative to work the Corpus Christi Chamber of Commerce's Small Business Council to promote the development and growth of small businesses within the City. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. ORD. REPEALING DIVISION 12 04172009.DOC —207— 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 21st day of April, 2009: R. ,day.FFeining First Assistant City Attorney For City Attorney ORD. REPEALING DIVISION 12 04172009.DOC —208— 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 28, 2009 AGENDA ITEM: Resolution approving the amendment of the Regional Health Awareness Board Interlocal Agreement to promote community dialogue on regional health awareness between Nueces County, the City of Corpus Christi and San Patricio County regarding funding for performance of the scope of services. ISSUE: The Interlocal Agreement for the Regional Health Awareness Board needs to be amended to add language allowing funding to be considered on an annual basis from the three (3) governing bodies. REQUIRED COUNCIL ACTION: Council action is required to amend an Interlocal Agreement. PREVIOUS COUNCIL ACTION: City Council approved an Interlocal Agreement for the Regional Health Awareness Board in June, 2003. City Council also added Appendix A to the Interlocal Agreement in August, 2003. CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the amendment to the Interlocal Agreement. �• `fi fit) Margie C. Rose Assistant City Manager Attachments: Attachment A - Letter and Nueces County Amendment Attachment B - Resolution and Interlocal Agreement Attachment C - Resolution and Appendix A (Scope of Services) —211— BACKGROUND INFORMATION The Regional Health Awareness Board (RHAB) mission is to "ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment and life quality." The amendment to the Interlocal Agreement will allow the three (3) governing bodies the ability to consider budgeting funds, on an annual basis, to enhance the mission. The financial consideration will be in accordance with each governing body's budget process in compliance with State Law. The funding consideration would be $31,000 annually for the City of Corpus Christi, $31,000 annually for the County of Nueces and $21,000 annually for the County of San Patricio. The funding for RHAB will allow the board to provide the appropriate staff to assist in being the day to day representative for the board, provide research, apply for grants to further the mission, provide public outreach support, prepare the board for special meetings, monitor projects, and establish and maintain contact with the RHAB participating organizations. Nueces County approved the amendment at their March 25, 2009 Commissioner's Court Meeting. —212— Claudia Lobell Chief Fxecut ive c iao d ia.l obe 11 @co.nueces. t s.us Bill Roberts, E.M.C. (36 1) 888-0513 bit l. ro b e r tsQ' 0- nu ec es'.lr.us Marie Carrales Secretary ma ri c. c a rrale uc 0.nnece s. l x.0 SAMUEL L. NEAL, JR. • County Judge April 2, 2009 The Honorable Terry Simpson San Patricio County Judge 400 West Sinton Street Room 105 Sinton, TX 78387 Dear Judge RECEIVED APR 0 EI 2009 CITY MANAGER'S OFFICF On March 25, 2009, the Nueces County Commissioners' Court approved Amendment to Interlocal Agreement No. 20090074, to Promote Community Dialogue on Regional Health Awareness, (Agenda Item 22), between Nueces County, the City of Corpus Christi and San Patricio County. Therefore, enclosed are three fully- executed contract originals of same for your action. Please sign all three originals, keep a copy for your records, and forward the three originals to Mr. Angel Escobar, City Manager, at 1201 Leopard Street, Corpus Christi, Texas, 78401, for his signature and subsequent return to this office. Once I receive all three signed originals, one will be returned to you, one to the City of Corpus Christi, and one will remain here. We look forward to our association with your County and the City of Corpus Christi in this endeavor and hope to hear from you soon. Thank you. Sincerely, Samuel L. Neal, Jr. Nueces County Judge Enclosure Cc: Angel Escobar Attachment A Page 1 of 5 Nueces County Courthouse • 901 Leopard Street, Roorn 303 • C;of likrristi, Texas 78401 3697 (361) 888 -0444 • FAX (361)888-04 15 aaooloo ziZ AMENDMENT To INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WHEREAS, the City of Corpus Christi, Texas ( "City ") , County of Nueces ( "Nueces "), and County of San Patricio ( "San Patricio"), collectively "Parties" entered into an Interlocal Agreement ( "Agreement ") in June of 2003; WHEREAS, the purpose of this Agreement was to establish and maintain a Regional Health Awareness Board ( "Board ") to assess communication models that the Parties can implement to share information used in their health awareness decision - making and the methods the Parties can use to receive and provide to members of the local communities about life quality issues to our residents; WHEREAS, the Parties agree that the Board is in need of money to perform the scope of services as outlined in Appendix A of the Agreement. The Parties desire and agree to appropriate money, through current funds, and provide said financial assistance to the Board in order to complete the scope of services; WHEREAS, the Parties agree to amend the Agreement in order to provide a provision for funding; THEREFORE, the Agreement is amended as follows: The following paragraph is ADDED to Paragraph 9: "Nueces County and City of Corpus Christi agree to consider providing $31,000 each annually in accordance to the Parties' budget process and pursuant to State Law. San Patricio County agrees to consider providing $21,000 annually in accordance to their budget process and pursuant to State Law." All other terms of the Agreement that have not been modified herein shall remain the same. IN WITNESS WHEREOF, the parties hereby execute this Amendment to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness. The last executing -date of a Party will be the executing date of this Amendment. INTENDED TO REMAIN BLANK Page 1 of 4 —214— Attachment A Page 2 of 5 SIGNATURE PAGES ON THE NEXT PAGE Executed this day of , 2009. NUECES COUNTY By: Samuel L. Neal., Jr., County Judge Attested By: Diana Barrera Nueces County Clerk Date: Page 2 of 4 -215- Attachment A. Page 3 of 5 Executed this _day of , 2009 SAN PATRICIO COUNTY By: Terry Simpson County Judge Attested by: San Patricio County Clerk Date: Page 3of4 -216- Attachment A Page 4 of 5 Executed this day of , 2009 CITY OF CORPUS CHRISTI By: Angel Escobar City Manager Attested by: Armando Chapa City Secretary Date: Page 4 of 4 —217— Attachment A Page 5 of 5 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES AND SAN PATRICIO COUNTIES TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS Whereas, concerns over access to life quality decision - making and information have been expressed by some members of the Coastal Bend communities to regulatory and resource agencies; and Whereas, these citizen concerns resulted in the U. S. Environmental Protection Agency to initiate a risk evaluation process to shape community dialogue; and Whereas, a meaningful and sincere dialogue over regional health awareness issues is essential to the welfare of our community; and Whereas, during discussions between the EPA and key stakeholders, questions regarding the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, a task force of key stakeholders has proposed the establishment of a Regional Health Awareness Board to assess the EPA's proposed Risk Evaluation Process, assess existing mechanisms for community dialogue, conduct a "gap" analysis between the EPA process and the status quo, and, based on the findings, develop a model to ensure effective dialogue with the community; and Whereas, the City and Nueces and San Patricio Counties are committed to enhancing the current opportunities for community dialogue on health awareness issues in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Mayor is authorized to execute an interlocal cooperation agreement with Nueces and San Patricio Counties to promote community dialogue on regional health awareness. R34306C1.doc _AV 359 Attachment B Page 1 of 13 ATTE : THE CITY OF CORPUS CHRISTI Armando Chapa amuel L. eal, Jr. City Secretary Mayor APPROVED: 20th day of June, 2003. R. Ja F ning Acting Attorney R34306C1.doc —219— 2 Attachment B Page 2 of 13 Corpus Christi, Texas ,9\1/4111- I of , 2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. C' Brent Chesney ate_ Javier D. Colmenero ate Melody Cooper (,..ICS E11-1- Henry Garrett .? Bill Kelly Rex A. Kinnison Q �� Jesse Noyola CuiC Mark Scott a it, R34306C1.doc 025359 —220— 3 Attachment B Page 3 of 13 INIIERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City "), County of Nuece$ ( "Nueces "), and County of San Patricio ( "San Patricio "). Whereas, concerns over access' to life quality decision- making and information have been expressed by some membbrs of the Coastal Bend communities to regulatory and resource agencies; and Whereas, these citizen concerns resulted in the U. S. Environmental Protection Agency ( "EPA ") to initiate a risk evaluation process to shape community dialogue; and Whereas, the Parties agree that;a meaningful and sincere dialogue over regional health awareness issues is essential; and Whereas, during discussions bdtween the EPA and key stakeholders, questions regarding the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, the Parties believe that an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, the Parties desire to undertake a four step process that will: 1. Assess the EPA's proposed Risk Evacuation Process. 2. Assess existing mechanisms for community dialogue. 3. Conduct a "gap" analysis between the EPA process and the status quo. 4. Based on the findings, develop a model to ensure effective dialogue with the community. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties "), authorized by appropriate actions of their governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement is to establish and maintain a Regional Health Awareness Board to assess communication models that the Parties can implement to share information used in their health awareness decision - making and the 2003 -389 06/24/03 Res025359 Nueces & San Patricio Counties —221— 1 Attachment B Page 4 of 13 methods the Parties can use to receive and provide to members of the local communities about life quality issues of concern to our residents. 2. Scope of Services. The functions to be performed by the Regional Health Awareness Board under this Agreement are outlined in Appendix A. 3. Other Agreements. Supplementary Agreements and Protocols. The Parties are encouraged, all or some, to enter into additional agreements and protocols governing operating departments of the Patties (for example, fire and health) are authorized and encouraged to enter into specifi protocols with their counterparts to enhance coordination of regional health a areness matters. 4. Implementation. The City N anager and County Judges, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement hies been officially authorized by the governing body of each Party, and each signatory tlo this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participa ion. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an exec '4ted original of the attached Participation Notice to the City. 9. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from Current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. R34306A4.doc —222— 2 Attachment B Page 5 of 13 c. Termination of participlation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of 'this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties iand supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. Tq this end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the be efit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. Immunity Not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governor ntal, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 19. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self- insurance it should maintain for such situations. R34306A4.doc —223— 3 Attachment B Page 6 of 13 20. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 21. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Nueces County: County of Nueces Attn: County Judge 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 -3697 San Patricio County: County of San Patricio Attn: County Judge County Courthouse, Room 109 400 West Sinton Street Sinton, Texas 78387 b. The parties to this agreement may specify to the other party in writing. 22: Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 23. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. R34306A4.doc —224— 4 Attachment B Page 7 of 13 24. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. R34306A4.tloc —225— 5 Attachment B Page 8 of 13 PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Samuel L. Neal, Jr. Mayor City of Corpus Christi ATTEST: Approved as to corm: S.', 3 Acting City R34306A4.doc rney —226— Date .t' ot- S35`r(t II g hb tcc( li QpUNCIL . Yl1'`11D3 —fru ECR SETARY Attachment B Page 9 of 13 PARTICIPATION NOTICE I hereby notify the Parties that the County of San Patricio, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Terry S'pr, County Judge County of San Patricio, Texas R34306A4.doc -227- ate 2ce3 Attachment B Page 10 of 13 (PARTICIPATION NOTICE I hereby notify the Parties that the County of Nueces, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Terry Shams' County Judge County of Nueces, Texas, R34306A4.doc —228— c1 \_q--1C-5 Date Attachment B Page 11 of 13 APPENDIX A REGIONAL, HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory opacity to the various existing forums for community dialogue. The Board's charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will serve as both ( ) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patricio County will require their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non - governmental organiVations ( "NGO's ") with related activities will be requested to enter into a Metter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional !Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross - section of health, environmental, and social interest. Tv)o of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two R34306135.doc -229- 1 Attachment B Page 12 of 13 year term and the dther appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of Corpus Christi (1 member) Nueces Co my (1 member) San Patricio County (1 member) Port Industri s of Corpus Christi (2 members) Texas A & University — Corpus Christi (1 member) Texas A & University — Kingsville(1 member) Texas Com ission on Environmental Quality, Region 14 (1 ex- officio non - voting member) U. S. Enviro mental Protection Agency, Region VI (1 ex- officio /non- voting mem er) City of Corps Christi / Nueces County Health Department (1 ex- officio non - voting member) San Patricia Health Department (1 ex- officio /non- voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, bi}t not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. R343O6B5.doc —230— 2 Attachment B Page 13 of 13 RESOLUTION APPROVING THE AMENDMENT OF APPENDIX A, REGIONAL HEALTH AWARENESS BOARD, TO THE INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WITH NUECES AND SAN PATRICIO COUNTIES RELATING TO THE COORDINATION BETWEEN THE REGIONAL HEALTH AWARENESS BOARD AND OTHER CITY AND COUNTY BOARDS, COMMISSIONS, AND ADVISORY COMMITTEES Whereas, the City Council by Resolution 025359 on June 24, 2003, approved the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness with Nueces and San Patricio Counties; and Whereas, following the approval of the interlocal agreement by the City Council, the Nueces County Commissioners' Court amended Appendix A, Regional Health Awareness Board, to the interlocal agreement relating to the coordination between the Regional Health Awareness Board and other City and County boards, commissions, and advisory committees; and Whereas, the substantive change made by the Nueces County Commissioners' Court requires the concurrence of the City Council and the San Patricio County Commissioners' Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi approves the amendments to Appendix A, Regional Health Awareness Board, to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness as shown on Attachment A, which is attached to and incorporated into this resolution. Armando Chapa THE CITY OF CORPUS CHRISTI amuel L. Neal, Jr. City Secretary Mayor APPROVED: 14th day of August, 2003. R. J eining / Acting ity Attorney R34306D1.doe -@;_15-423 Attachment C Page 1 of 4 Corpus Christi, Texas aof Lk. li- , 2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R3430601.doc 02r" J,.J ^ 4 " .J -232- 2 Attachment C Page 2of4 APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Board's charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will serve as both (1) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patricio County will requirc encourage their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non - governmental organizations (NGO's ") with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross - section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two R34306B6.doc ATTACHMENT A —233— 1 Attachment C Page 3 of 4 year term and the other appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of Corpus Christi (1 member) Nueces County (1 member) San Patricio County (1 member) Port Industries of Corpus Christi (2 members) Texas A & M University — Corpus Christi (1 member) Texas A & M University — Kingsville(1 member) Texas Commission on Environmental Quality, Region 14 (1 ex- officio /non- voting member) U. S. Environmental Protection Agency, Region VI (1 ex- officio /non- voting member) City of Corpus Christi /Nueces County Health Department (1 ex- officio /non- voting member) San Patricio Health Department (1 ex- officio /non- voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. R3430686.doc —234— 2 Attachment C Page 4 of 4 RESOLUTION APPROVING THE AMENDMENT OF THE REGIONAL HEALTH AWARENESS BOARD INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS BETWEEN NUECES COUNTY, THE CITY OF CORPUS CHRISTI AND SAN PATRICIO COUNTY REGARDING FUNDING FOR PERFORMANCE OF THE SCOPE OF SERVICES. WHEREAS, the City Council by Resolution 025359 on June 24, 2003, approved the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness with Nueces and San Patricio Counties; and WHEREAS, following the approval of the Interlocal Agreement by the City Council, on March 25, 2009 the Nueces County Commissioners' Court approved an Amendment to the Interlocal Agreement regarding funding for performance of the scope of services as outlined in Appendix A of the Interlocal Agreement, said Amendment of Appendix A approved by the City Council by Resolution 025423 on August 14th, 2003; and WHEREAS, the substantive change made by the Nueces County Commissioners' Court requires the concurrence of the City Council and the San Patricio Commissioners' Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi approves the Amendment to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness as follows: The following paragraph is ADDED to Paragraph 9: "Nueces County and City of Corpus Christi agree to consider providing $31,000 each annually in accordance to the Parties' budget process and pursuant to State Law. San Patricio agrees to consider providing $21,000 annually in accordance to their budget process and pursuant to State Law." ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor —235— APPROVED AS TO FORM: April 20, 2009 c147411?Q‘tir, eborah Walther Brow Assistant City Attorney for City Attorney Corpus Christi, Texas day of ,2009 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —236— 19 RESOLUTION AUTHORIZING THE RENAMING OF THE BAYVIEW BALLROOM AT THE AMERICAN BANK CENTER THE "HENRY GARRETT BALLROOM ", IN HONOR OF HENRY GARRETT, IN RECOGNITION OF HIS MANY YEARS OF SERVICE TO THE CITY OF CORPUS CHRISTI. WHEREAS, through many years of public service, Henry Garrett has proven his loyalty and dedication to his hometown from Police Reserve to Chief of Police to City Council Member and Mayor; WHEREAS, Henry Garrett has over forty -two years of public service: twenty -six years as a Corpus Christi Police Officer, six years as Chief of Police, six years as City Council member at large and four years as Mayor of the City of Corpus Christi; WHEREAS, Henry Garrett was elected Mayor in 2005 for a two year term, and reelected in 2007 for a second two year term as Mayor of the City of Corpus Christi; WHEREAS, while Councilmember and Mayor, Henry Garrett supported many issues to bring major improvements to the citizens of the City of Corpus Christi; WHEREAS, in 2000, Mayor Garrett strongly supported a Bond Issue which included 30.8 million dollars for general improvements and a 1/8 -cent sales tax for a multi - purpose arena; WHEREAS, in April, 2001, Mayor Garrett supported passage of the Tax Increment Finance Zone for the construction and maintenance of Packery Channel and in 2002, the voter approved 1/8 -cent sales tax for Economic Development, which included Whataburger Field; WHEREAS, in 2004, Mayor Garrett supported the 95 million dollar bond projects, which included 68 million dollars in str(et repairs and 11 million dollars for the Bayfront Master Plan, a project Mayor Henry Garrett has supported throughout his terms as a member of the City Council; WHEREAS, in 2008, Henry Garrett supported the 153 million dollar bond projects, which included almost 104 million dollars for street improvements and 13 million for the Bayfront Master Plan; and WHEREAS, Henry Garrett's name shall be memorialized in recognition of his outstanding service to the City of Corpus Christi, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: —239— The Bayview Ballroom at the American Bank Center is renamed the "Henry Garrett Ballroom ", in honor of Henry Garrett, in recognition of his many years of service to the City of Corpus Christi,Texas. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Pro Tem, City of Corpus Christi APPROVED AS TO FORM: April 22, 2009 —240— Corpus Christi, Texas of , 2009 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 -241- 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: The Big Spring Clean in Corpus Christi & Adopt Downtown Clean Up Project STAFF PRESENTER(S): Name Title /Position 1. Yvonne Morales Haag Director Neighborhood Services Department 2. Irma Caballero Economic Development Office 3. OUTSIDE PRESENTER(S): Director Department Name Title /Position Organization 1. 2. 3. BACKGROUND: The Big Spring Clean in Corpus Christi, Where We Make It Happen - is a first annual city campaign developed to provide public information to educate our residents regarding the various city regulations and resources to help them prepare properly for "Spring Cleaning." The Big Spring Clean campaign culminated with The Adopt Downtown Clean Up Project which involved more than 200 volunteers helping to spruce up our downtown area for the City's spring and summer time activities and attractions. REQUIRED COUNCIL ACTION: No action required. 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O o E N v a) cu L o o a0 co a_ w c V c a) ct U L w c 4S c 0_ c N o O r.+ `~ 0< co a) .i c CD M al c _ n >OA CM >1 .Q m E Liu a) OE co O cn V N c c,C OWN L M O Q CO 0 O r r N CV .L L < < .L .L L ( . Q Q Q a IX 0 Urn lin LLI 0 Z z D lesi Z 0 I- U 0 D W U W 0 U co D 0 i .co O a) a) a) co c 0_ U E co U cLE 0 a) a) CV O O }, O U c = O) 0 0 -- TV Channe i 0O 00 O co n " O _c Q LL 0) 2 a) a E c0 a a) 'c" o o o E >v a) co a)- a) N O N +r O C �.a) _ c co 1- 0_ a)co� a) z U E ms 0 lin LLI 0 Z LLI Z alli Z 0 u in Corpus Christi c 0 D ca c c as co 45 = c t O) c O N+ N 7) - O) W O § O •— _ O) p•L Q) (a (a — 4) QU Q� °1 -' _c a) °' - oL • -WcC �C- N or. >7 + -� C - to O U N .75 -C r• • -(ate• s- tyl 0 0 ime z O D 0 0 a 4 events of the big spring One of the fina O O O s. a) (.6 ff} O 0 C 4- O O to C c -a o cz CZ co a) N ID O O U U CV -a N L c _c c Q ca) OU LL U N co O N p c a) N - co (a 7 C L O a) as O as Q Q o�� C a) a o c N C O O a) > i E Q O N O o O N _0 '0 WHAT WAS DONE A welcome was provided by Mayor Henry Garrett, City Manager Angel Escobar, Joe McComb and Representatives from Topaz, AEP, and CITGO. Work started at 8:20 and concluded at 11:00 am. Neighborhood Services collected 4.69 tons of trash and debris from the two dumpsters on site. Additionally, Solid Waste collected 3.83 tons of trash and debris from the designated project areas. A total of 8.5 tons of trash and debris was collected. 0 0 cri cn c 0 0 its 0 al o c co as O n a) S▪ i a) ca oas a) 2 O _a a) -E-• E2 E 0_ t 2D c a 0 a) U i) a) a) C O O) 73 73 _0 ° n D o 0 co • as - 73 D a) a) o c a) -a � co ID ca ▪ > _ - a) =tic▪ t �o a) mce)� c-c a)D0 a) 2 o O � - c E CO a) 0 i O) O > > ca ca •= O -a _ d U be made to the Schatze c a) 0 c E 0 0 a) 0 C O p Q 0 c C 15 L U = c O L Q c - o c caco Q = L 0 o • o O c O co 0) .a %• I, 2 .0 * E ca �COEo w Q Z Q 0 w rY w 1 H Z W W O 0- 0= O w z0 Z CC Q O 0 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Quarterly report from the Crime Control and Prevention District. STAFF PRESENTER(S): Name Title /Position Department 1. M. J. Walsh Acting Chief of Police Police 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Scott Kucera President Crime Control and Prevention District Board 2. ISSUE: The District presents quarterly presentations to the City Council. BACKGROUND: The District is holding a public hearing on April 15 on the proposed FY 0910 budget and is scheduled to adopt the budget on the same date. This presentation will be an overview of the budget. REQUIRED COUNCIL ACTION: None required Additional Background o Exhibits n M. 7. Walsh Acting Chief of Police -259- Y CORPUS C!/RIST_I ;ii 4t01 4 ir `M. #i< r � O{: y1)11srRwr y k, .n Corpus Christi Crime Control & Prevention District FY 0910 Budget Crime Control & Prevention District FY 0910 Budget • Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Graffiti Eradication • Continued focus on long term fiscal responsibility and control 2 1 —260— Crime Control & Prevention District FY 0910 Budget • The Board requests the City General Fund consider paying for the Graffiti Eradication Program in FY 10 /11. — Program costs = $110,774 — Two civilian positions: • City Graffiti Coordinator • Senior Staff Assistant • Operational expenses — computers, office supplies, fuel 3 Crime Control & Prevention District FY 0910 Budget • Assignment of 50 Police Officers — 8 Directed Patrol Officers — 10 Juvenile Enforcement Team (JET) Officers — 5 Bicycle Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Campus Crime Stoppers Officer — 20 Patrol Officers (enhance patrol response) 4 —261— 2 Crime Control & Prevention District FY 0910 Budget • Total Expenditures $5,409,158 — Sworn Personnel costs - 4% increase • Total Revenue $5,304,941 — 2% projected growth • All programs fully funded • Ending fund balance $2,273,719 Crime Control & Prevention District FY 0910 Budget Calendar April 15 — CCD public hearing & budget adoption June 9 - City Council public hearing June 16 — City Council approves or rejects CCD Budget -262- 3 .a� CMOW' . CHRISTI ; \. J s401 41i,` , . ,f al 4y R u VS _ D 1 ST RI CT„ i Corpus Christi Crime Control &. Prevention District —263— 4 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Texas Department of Transportation (TxDOT) Annual Report STAFF PRESENTER(S): Name Title /Position Organization 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Martin C. Horst Area Engineer TxDOT 2. 3. BACKGROUND: TxDOT is providing an annual report regarding current and upcoming projects for the Nueces County area. REQUIRED COUNCIL ACTION: None PowerPoint El Supplemental Information ❑ -267- V i 1 a) C_ J cn a) c co N I r B /4 \ST7 1 n _Jffi JSs Current Construction U 0 0 a) o U 0_ U Z S cc N O .Q 0 L CD c > O U LID Q Ln N 0 i ro 0 c O Notable Projects: • Carbon Plant $24 Million c 0 5 c 0 N = a ea 0 • 11 a 5 c ca 0 c 0 -o co U N M E O O a) c c O U U ') z O ra U D 0 t 0 0 N M 11 cn 0 = O DO Ln 0- O O U c 0 LL O 0 c O a) .n ru o_ c �) U ai a o_ E 0 U M riurr 1/1Y L E 0 rya U 0) E 0) LJJ co (i) L 0 0 LL 0 E iu 0 00 co (n fp (1) E 0 .O co a 0 a a J E 0 T-1L L) Thrr .. o6 i ra c in a. .0 it rn a o a O N .0) NJ N a U M Ero "E mai CD O (0 = fa 13 .a a) I u > U.- cacn o ra c O .o _ cr co 1. O in au amp OM o% w - ie A. A. A V) c 0 IX) a--1 lip CD 1/40 b N LL O 00 0 cn a, N d- 0 .o 00 1/4.o 4 N Ln lip v) E co ea o °o o •a a Ni .c lip >%' 0 .. 0_ 1 1 rc 0 u- a/ E .. co co _ U tin >r3 E pp _o U s_ U ra (13 •0CDO E DC a 0 TO u A, 1, A, AS a) L 0 c 0 0 LciP 0 CD cn 0 c u_ M 00 O NI M • c •(J) as 0 fl n000smou ossillsor C) -I__J J V 0) •0 O o 00 N S .o > CD u_ 0_ I c La 0 a--J o cn En • C na N °o to 2 n as 2 LL in .. i 0 i ra 03 o U) M in in (re) O— oC km a co n n • ro ect Sta rte. 4 200: 0 0 NJ CD CD a E 0 0 ai .o L a fl ossillsor . is Jerr g 1 r 11 Construction & Maintenance n _Jffi JSs Q a) M CO S ( LL .1 1 V N O M .^ _ O L CL CD CM O O ra .— (n V mac) L E i (!) Q O E-1 03 rt. co a ,--1 0 (1) N co in ire try 0 0 NJ LL ) c Cli I- N N (1) LO M DC 0 O wcr V) E 0 LI- 0 .c ateJ N CD CO •co Z in cn r-I 0 M G try CA 0 0 NI 01 c 4) J N rug E W ossillsor n _Jffi JSs o `o o c i N O N -o i ' L7 .1_ E u o ai O no > 61 Li DC o o ca a--+ O — u 4-1 '� co c c o O v) ft a ° a N ch L 0° E M -O LI- O 2 p la c th M p aLc no O la 1/4.0 c s c ._ N 0 LL 0 s o LX O a C:1 IC E L� _hip ill%- i c C ca ,--i -O -o i L= C a) ch • V c� C C-0 u CD C •� O_ = COQ E o a Q= ch V �--i cn _ c N4_ 03 0_ 10 = ° a) = O �n0 �O �( O_- V./ a--+ CD s_ -a _c 2 a fp C 0_V Q 0 Q f3 t a) C O a� \E .0) Q C (n V O O 0) cn C (� N d '� U C L 00 N ^ a--' L co cv ca U �) C a C C C 1- U L a) co ti c a) x ca = " a) a) �, oa o V./ O �J- a--+ . o p U L L • O O (n a--+ d ca Q L Q1 a) 4_' _C N n C 4-1 C C'O E_ c O_a N§ 03v Os_ O f_ a0-+ () U O C-03 C _ c a) co co n V O r0 o'3 o o— �,� p a, , U L ' a-+ a-+ a-+ U O ID >.• Q o•C000�X > otei a) >- a-+ 1-1 N U 1 4= C .0 Q = Q < s Cr u, 2 D 2 c a a p LL 1 rn Q` In O 7, 'L d) m a c m - c Tv rn N u a U i G C N E c U U H U W IX [' L :- n omrr ss on Information A :K ••Conditions A N N w L H u y rrs N a� = a ;.I; a 0 = o OS n. U X 0 S = 0 co 0 C] .::- a 1 1— 4 0 4 k ja Eli :ts: Corpus Christ c ) N CU O 0) QI m 0 m F QI L e N C c 0 u 4> r c U e a1 m Q Z" v c o V U I- T U Ala Al a) d) 03 E) N �Ir EV 0 n o n o es o ti M ..7 1 11 1, 4, 1, 1i is 1. m Tt T m .S7 a, >. > e_ 0 u N. ..ry efj - • rvr D Y. t - ff7 10 0) (0 i 4 1)) 11. is 'J J _7 J ■ In tll T O rA OI pp�� �1 at m U> E U 01 Q N. q N y. i▪ ! l: t i 0 ▪ V 0 iJ o i n m e .> n (7 o 0 .n ti C) C7 CJ 0 1�1 U 41 i 0 W E th C CD ic 0- -0 C co 0- o sr CL cc) > N a) th L.. rn • L. ra cn c • C 0 c o fp in C tat CU U 0 o �a = o en= ° `n a 0 ' � n O Oin 0 Q cm cm W 4-J C 4-J 4-J cn 0 &) spa) c' cn z 'c = o o 0 raocm co a V o al c a.) a--' a) ate+ 0 j) O oao� a���_o 0 .ia--'- U co (J) 0 o 4J L 'U 0 a U r CD 0) c - ice+ to I— OVncn A -o 7;7_ rir 1q! CC MPO Website rr� ormation available from the wee te: p to date information on regional "n osiiiSor n000soia /Hoss,gpso moscossilliiiik, # 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: STAFF PRESENTER(S): Name Title/Position Department 1. Juan Perales, Jr. Interim Asst. City Manager Development Svcs. 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. N/A 2. ISSUE: Existing City codes provide limited options for the implementation of wind driven power generation for residential and commercial use. Proposed code amendments have been developed which will increase opportunities for residential and commercial properties to make use of this power generation technology. This presentation is intended to provide Council with an overview of the proposed code amendments, and allow for comment and discussion. REQUIRED COUNCIL ACTION: None. PowerPoint presentation Supplemental information ❑ Juan Peralds, Jr., P.E. Interim Asst. City Manager Department of Development Services -281- Wind Energy :rice Amendmen ouncil Presentation April 28, 200• Included in Article 29, The Board of Adjustme c 0 c c O (6 E co 2 co E (Q o L N CD 0 Q) (2.c 00 o Co O 0 o 0 N- 45 c Qom' � 0 D o O1-t L O c N • Q r ' 0 (o 0 O O ® Q U L N co LO N 4 (0 0 N- N L U LLo. N n 0 0 O N 0 c CO co ra to •] O 4) co O CO U O = N (6 (6 a - >, U 0 ail) O o c j 0 -0 D Q D O CO O E E 0 0 O (o 0 0 Q 0) C - E .cnEEjE D _ co D D — • o — 0 E c L C C 1-20_22 22 Q O L Q L Q O 0 (6 O O L Q to 0 0) � N C N co O E Q D o co E 9_ o 0 ` 0� 1 • a) E Effect of Propose ci D c N Z5 5� E2 E a) al o ° o CU (6 r N 0C N r CO O o �� �U) 2 O Y c r O N O to O N a) N r a)-a U N a Y- N O N .5 0 O N Q L Cr >, r - - (o 92 O >,-0 EQ -0 al �� a)c c co N as v a as of �� U 0) U = a) Q c co N Q) N �§ E v) U N cU N n co v) Q (6 U c > cn c n N .0 = J N _.._ c CO 13 O N c L a® cn2_1 c> + — c O W U W U 0 L O 0) 0 O ca N N L co cn O E U N N c c O W E Expand general review and permitting requirements Provide for security and de- commissioning requireme Reduce allowable sound emissions 1 • 1 • 1 Wind Energy System Use Allowed by Special Use Exception Permit Land Use Lot Size Units Allowed Single Family 1 to 1.5 acres 1 Small unit Residential Commercial or 1 to 1.5 acres 1 Small unit Industrial Medium to Heavy 1 Large unit per 5 acres, minimum Industrial 5 acres All of the above No minimum 1 Small building mounted unit 5 a) N_ O J N U) 0 as r O r N 2 0 as r O r 0 N 0 as i) (0 2 N O L C 73 U) a) a S 5 -a D U) TO c E O r Wind Speeds Increase with Height 1 I gt 8'X 6Lb LO I� 74�g4 ietIA01 O 1 1 • ound Emissions Data ^r cn W t. ai E a . a . cu C QQ Q(6 co = 20 Po E o �, Qo Qo — c0 a)O a) 0) D E- -c t -C -0 C E0 0C 0CU N x0 -a E -a E (0E C(0 CQ • us ao a E a) a)0 E9 E° .g tit O� OO OO E 43 02 UL Uco 0 0 a) -a PO P a) N 6 ohs r os c cn a) .c < a) Q a) (0 U +. o .V (0-o D c D c °a) O .co LOS 0.55 O15 �75 o 0 - (0 EID EID en = 0C EE EE (n +� Qp (0 >, c0 a a) Q 2 a) .N a) >, 1/ 9 D c E D cn To c O c a) c N (0 0) a) U c a) a) i) L E .0) c 0 D 0 co 0 X (0 E c O (0 N c (0 0) 0 (0 a) D L 5 m L The International Standards Organization (ISO): 25 dbA (ni 0) co L O (1) 0 5' 0 Qcts _Q ca -}-+ 0 = N 0 O O L O a� to- 0 O 0 W — o o ci0 C) 73 o -r 45 co 6e O L c �� �4-. N �0 00 (u c �0 0 Lon N n 2"; co al C O) NA Cl) A C E N E N _ 0 0 O > 5' >.E >E O Q N X N x (s O (s O c O c Q c Q Oo U) CD U) CD • 1 ' r c O D c CO U c 0 a O co E Or Q Q O)0 c 0 O O p O 2 co • mortized capital cost: 2 O >%N Q ac ` O N— a N as ID O C`4- - 1!) CO CO E O CO O N U N �' C 0 O (6 C C E C (UtU E2 ca) a) irrt > co <S 11 $35,000 x .01 = $350 yr. / 12 months = $29 per month • Total estimated monthly costs: o N CO 2 co 06 E O O ia. CD N N p N vi W in To 0 • >+ C CU U C c OX • L O -4 Q • N (- 1 • C a) 0_ -1--+ O as D 0 0 c 0 N 1 .— J 12 (Q 0 ci‘ Q a) a c 0 a) CD Cn X ( iL CO c F- o uj O L- CO L. a) (D a) n' C W C f) • O- - cD CJ) 2- i x•63 O0 2 N ) -Cl) Eo_ aa) a) > X 4. C a) a) O F.A.A. — domestic airspace interfer co ax N •�a U 0 CC- oQ cn7 cn ,Q 0 0 iN O c N sD 5 QC• Q CO CO 0 Za0 1 • 1 •