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HomeMy WebLinkAboutAgenda Packet City Council - 06/16/2009INNS ■/\,/10/1./ 11:45 A.M. — "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 16, 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 tree que su ingles es limitedo, habra un interprete ingles- espanol en todas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Dr. Steve Harwick, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attomey Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting June 16, 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 June 9, 2009. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Retired and Senior Volunteer Program Advisory Committee Senior Companion Program Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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.) 3. Motion approving the purchase of twenty -two (22) pickup trucks, one (1) intermediate sport utility vehicle, and lease purchase of three (3) pickup trucks from the following companies for the following amounts in accordance with Bid Invitation No. BI- Agenda Regular Council Meeting June 16, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0144 -09, based on low bid and low bid meeting specifications for a total amount of $583,184. The vehicles will be used by the Gas, Neighborhood Services, Parks and Recreation, Storm Water, Street and Water Departments. Twenty -one (21) vehicles are replacement units and five (5) units are additions to the fleet. Funding for the purchase of vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund, the Operational Budget of Neighborhood Services Department and the Operational budget of the Beach Operations Division. Lease purchase financing for three (3) pickup trucks will be provided through the City's lease /purchase financing program. (Attachment # 3) Champion Ford Corpus Christi, Texas Line Items: 2, 4, 5, 8, 9, 10 & 13 $333,921 Mac Haik Ford Georgetown, Texas Line Items: 1, 3, 6, 7, 11,12 $249,263 Grand Total: $583,184 4. Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI- 0034-09, based on only bid and low bid for an estimated six - month expenditure of $297,355.25 of which $49,559.21 is required for FY 2008 -2009. The terms of the contracts will be for six months with options to extend for up to five additional six - month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2008 -2009, and have been requested for FY 2009 -2010. (Attachment # 4) Pencco, Inc. San Felipe, Texas Hydroflourosilicic Acid $156,836.75 Ciba Corporation Suffolk, Texas Liquid Cationic Polymer $107,820 Grand Total: $297,355.25 Polydyne, Inc. Riceboro, GA Sludge Dewatering Polymer $32,698.50 5. Ordinance appropriating $2,341.88 into the Library Capital Improvement Program (CIP) Fund No. 3210, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $393.93 from unappropriated interest earnings from the Library Capital Improvement Program (CIP) Fund No. 3210 Agenda Regular Council Meeting June 16, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and $1,947.95 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $2,341.88. (Attachment # 5) 6. Ordinance appropriating $1,232.32 from a grant provided by Time Warner's Cable Franchise from the General Fund reserve for public access channel equipment; amending the FY 2008- 2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,232.32. (Attachment # 6) 7. Resolution authorizing the City Manager or his designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2009 -2010 under the Texas General Land Office's cleaning and maintenance assistance program. (Attachment # 7) 8. Resolution authorizing the City Manager or his designee to submit a funding application to the Texas Department of Housing and Community Affairs in the amount of $3,039,667 for the Weatherization Assistance Program and to execute all related documents. (Attachment # 8) 9. 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 $78,980 for Rehabilitation of the Lift Stations FY 2009 for the design, bid, construction and additional services. (Attachment # 9) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station 10. Motion authorizing the City Manager or his designee to execute a construction contract with King - Isles, Inc. of Corpus Christi, Texas, in the amount of $1,278,193 for the CimarronlYorktown Wastewater Lift Station for the Total Base Bid. (Attachment # 10) Agenda Regular Council Meeting June 16, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager or his designee to execute Amendment No. 9 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $344,000 for a restated not to exceed fee of $750,650 during construction of Disposal Cell 1 at Cefe Valenzuela Landfill for design, bid, construction and post construction phase services. (Attachment # 11) a. Ordinance appropriating $977,480 of anticipated revenues from the Texas Department of Transportation in the No. 3280, Parks Capital Improvement Program (CIP) Fund for the Bay Trail Phase 3 Project; changing FY 2008 -2009 Capital Improvement Program (CIP) Budget adopted by Ordinance No. 028006 to increase appropriations by $977,480. (Attachment # 12) b. Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas in the amount of $413,209.02 for the Bay Trail Phase 3 project. (Attachment # 12) 12. J. PUBLIC HEARINGS: ZONING TEXT AMENDMENT: 13. Public Hearing and First Reading Ordinance to consider amending Sections 27B- 11(A)(11), and 27B- 12(B), _Corpus Christi Zoning Ordinance relating to the certification of landscape plans; providing for penalties; and providing for publication. (Attachment # 13) STORM WATER UTILITY RATE: 14. Public hearing to consider adoption of an ordinance to establish a storm water utility rate. (Attachment # 14) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Resolution approving the FY 2009 -2010 Budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 15) Agenda Regular Council Meeting June 16, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and GlobalWatt, Inc., for the manufacturing, management, and installation of photovoltaic technology and authorizing the City Manager or his designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the GlobalWatt, Inc., Business Incentive Agreement. (Attachment # 16) L. SPECIAL PRESENTATION: Public comment will not be solicited on Presentation items. 17. Special Budget Presentation — Proposed FY 2009 -2010 Operating Budget - General Fund Part 2 covering the following departments: Municipal Court, Fire, Police, Street Services, and Solid Waste Operations. (Attachment # 17) M. PRESENTATIONS: (NONE) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak -into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) 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. Agenda Regular Council Meeting June 16, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 18. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. P. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81st Texas Legislature. Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 9 3G p.m., on June 11, 2009. Armando Chapa City Secretary Agenda Regular Council Meeting June 16, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday. Symbols used to highlight action items that implement council goals are on attached sheet. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 9, 2009 -10:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mark Behrendt with Galilean Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 Adame called for approval of the minutes of the regular Council meeting of May 26, 2009. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 and the following board appointments were made: Clean City Advisory Committee Scot McCampbell Barker (Appointed) Commission on Children and Youth Debbie Espinosa (Reappointed) Miles Toren (Reappointed) Guy Nickelson (Reappointed) Fran Willms (Reappointed) Rita Morales (Reappointed) Community Youth Dev. (78415) Steering Cmte. Jean Marie Giegerich (Appointed) C.C. Downtown Management District Erik Ward (Appointed) Ethics Commission William Strawn (Appointed) —1— Coastal Bend Council of Governments Mayor Joe Adame (Appointed) Council Member Larry Elizondo (Reappointed) Council Member Kevin Kieschnick (Appointed) Council Member Mark Scott (Appointed) City Manager Angel Escobar (Appointed) Rudy Garza (Reappointed) Richard Hooks (Reappointed• Margie Rose (Reappointed) Bill Hennings (Appointed) Oscar Martinez (Alternate) Armando Chapa (Alternate) Lawrence Mikolajczyk (Alternate) Pat Eldridge (Alternate) Minutes — Regular Council Meeting June 9, 2009 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 21). There were no comments from the public. Council members requested that Items 9 and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009 -150 Motion approving a supply agreement with Dell Financial Services, of Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and Master Lease Agreement No. 6458214 for an estimated expenditure of $1,147,572.45. The term of the contract will be for twelve months with an option to extend for up to three 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 FY2008 -2009 and have been requested for all FY2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.a. MOTION NO. 2009 -151 Motion authorizing the City Manager or his designee to accept a grant in the amount of $70,250 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.b. ORDINANCE NO. 028188 Ordinance appropriating $70,250 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.c. MOTION NO. 2009 -152 Motion authorizing the City Manager or his designee to accept a grant in the amount of $93,123 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.d. ORDINANCE NO. 028189 Ordinance appropriating $93,123 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police -2- Minutes — Regular Council Meeting June 9, 2009 — Page 3 Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.a. MOTION NO. 2009 -153 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $400,000 from the State of Texas Governor's Division of Emergency Management, under the FY 2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $100,000, for a total project amount of $500,000 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028190 Ordinance appropriating $400,000 in the No. 1061 Police Grants Fund from the State of Texas, Governor's Division of Emergency Management, for additional grant funding under the FY 2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $100,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. MOTION NO. 2009 -154 Motion authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2008 Continuum of Care Grant for Homeless Supportive Housing Program Renewals. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. ORDINANCE NO. 028191 Ordinance appropriating a grant of $295,226 from the U. S. Department of Housing and Urban Development for the 2008 Continuum of Care Grant Program in the No. 1071 Community Enrichment Fund for Homeless Supportive Housing Program Renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting June 9, 2009 — Page 4 6.c. MOTION NO. 2009 -155 Motion ratifying the 2008 Continuum of Care ( "COC ") Grant Funding Agreements with Wesley Community Center and Corpus Christi Metro Ministries to be effective April 1, 2009, and authorizing the City Manager or his designee to execute subrecipient funding agreements under the 2008 COC Grant terms as follows: (1) $134,971 for Wesley Community Center; and (2) $160,255 for Corpus Christi Metro Ministries, for homeless supportive program renewal projects and activities. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.a. RESOLUTION NO. 028192 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $316,927 from the Texas Department of Agriculture to operate a Summer Food Service program for Summer Recreation Program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 028193 Ordinance appropriating a $316,927 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.c. RESOLUTION NO. 028194 Resolution authorizing City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. RESOLUTION NO. 028195 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2009 -2010 78415 Community Youth Development (CYD) Program, with $503,500 DFPS Funding. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. —4— Minutes — Regular Council Meeting June 9, 2009 — Page 5 10. RESOLUTION NO. 028197 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. RESOLUTION NO. 028198 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12.a. ORDINANCE NO. 028199 Ordinance authorizing the City Manager or his designee to execute a use permit agreement with Matthew Peveto d.b.a. Mustang Music Group for use of Corpus Christi Beach during June 10, 2009 through June 16, 2009 for Ziegenbock Music Festival; provide for payment of 100% of all City costs plus $2,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12.b. MOTION NO. 2009 -156 Motion approving the application from Mustang Music Group to temporarily close Hotel Place, Breaker Avenue, and Bushick Place from Surfside Boulevard to Corpus Christi Beach for the ZiegenBock Music Festival, beginning at 6:00 a.m. on June 12, 2009 through 12:00 p.m. on June 14, 2009. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. MOTION NO. 2009 -157 Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $263,782 for Development Services /Emergency Operation Center (EOC) (Frost Building) Chiller Replacement Project - 2009. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —5— Minutes — Regular Council Meeting June 9, 2009 — Page 6 14. MOTION NO. 2009 -158 Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $177,000 for the Power Street Pump Station 2009 Improvements for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. MOTION NO. 2009 -159 Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas in the amount of $137,492.87 for the total of Base Bid A plus Base Bid B for the following: • Kingsbury Drive Bridge Replacement Wastewater System Rehabilitation • Lexington Road Bridge Replacement Water Line Relocation The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. MOTION NO. 2009 -160 Motion authorizing the City Manager or his designee to execute a construction contract with Highway Technologies, L.P. from Corpus Christi, Texas in the amount of $103,142.50 for City-wide Street Striping and Pavement Marking contract. The term of the contract will be for 12 months with an option to extend for up to two (2) additional 12 -month periods. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17. MOTION NO. 2009 -161 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $165,700 for the O.N. Stevens Facility Alterations project for design, bid and construction phase services and additional services. The foregoing -motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19.a. RESOLUTION NO. 028200 Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept the moneys to be received from Texas Department of Transportation (TXDOT) pursuant to the emergency work authorization attached hereto as Exhibit "A" for an amount of up to $1,600,000 for the Carbon Plant Road Direct Connector Project on IH 37 and related work projects. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting June 9, 2009 — Page 7 19.b. MOTION NO. 2009 -163 Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc., a CH2M Hill Company, of Corpus Christi, Texas in the amount of $136,513, for a total re- stated fee of $184,563 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19.c. MOTION NO. 2009 -164 Motion authorizing the City Manager, or his designee, to execute a construction contract with H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $386,747.90 for Utility Relocations for Carbon Plant Road Direct Connector Project on IH 37 for the Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five -year lease agreement with a five -year renewal option, at the City Manager's or designee's discretion, with the Texas Commission on Environmental Quality for two air monitoring station sites at Oakpark Park and Bayview (H. J. Williams) Park; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 21. ORDINANCE NO. 028201 Renaming the park located at 300 Sandbar — South from "Corpus Christi Beach Park" to "Dolphin Park ". (First Reading 05/26/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 9 regarding transportation services for youth recreation programs. In response to Council Member Leal, Director of Parks and Recreation Sally Gavlik explained that West Oso Independent School District and Tuloso- Midway Independent School District have their own summer programs and activities and that they provide their own transportation services. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 028196 Resolution authorizing the City Manager or his designee to execute an Interlace! Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -7- Minutes — Regular Council Meeting June 9, 2009 — Page 8 Mayor Adame opened discussion on Item 18 regarding improvements to Staples Street. Council Member Martinez asked that all prior council actions be included in the agenda packet. Ms. Martinez also requested that Council be provided a copy of the engineering companies involved in Bond Issue 2008. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2009 -162 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$1,665,349 for design, bid, construction and additional phase services for Staples Street (Bond Issue 2008): • Staples Street, Phase 1 from Saratoga Boulevard to Holly Road • Staples Street, Phase 2 from Holly Road to Williams Drive The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. C0409 -04, City of Corpus Christi: A change of zoning from "B -2N1O" Barrier Island Business District with an Island Overlay District to a "R -1 B /IO" One - Family Dwelling District with an Island Overlay District resulting in a change of land use from commercial and multi - family residential uses to single family residential uses on property described as Lake Padre South Bridge Port Unit 1, as shown on plat of record in Volume 54, Pages 174 and 175 of the Nueces County Plat Records, Nueces County, Texas, save and except Block 1, Lot 1 and Block 2, Lot 10, located on the south side of Whitecap Boulevard and approximately 500 feet east of South Padre Island Drive (SPID). City Secretary Chapa stated that the Planning Commission and staff recommended approval of the change of zoning from "B- 2A/1O" Barrier Island Business District with an Island Overlay District to an "R-1B/10" One - Family Dwelling District with an Island Overlay District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 028202 Ordinance amending the Zoning Ordinance, upon application by City of Corpus Christi, by changing the Zoning Map in reference to Lake Padre South Bridge Port Unit 1, save and except Block 1, Lot 1, and Block 2, Lot 10, from "B- 2A "P'IO" Barrier Island Business District with an Island Overlay District to "R -1 B " / "IO" One - Family Dwelling District with an Island Overlay District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Minutes — Regular Council Meeting June 9, 2009 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the Crime Control and Prevention District Budget: 23. Public Hearing on the FY 2009 -2010 Budget adopted by the Crime Control and Prevention District Board of Directors. Acting Police Chief Mike Walsh provided a brief overview of the budget including the continued focus on core programs; assignment of 50 police officers; expenditures and revenues; and the budget calendar. The following topics pertaining to this item were discussed: whether there is an increase or decrease in the number of directive patrol officers; neighborhood issues behind Labor Ready on Port Avenue and the Leopard Street Corridor; community policing; duties of the directive patrol officers; an outreach prevention plan; the rebate from the health insurance funds; the 10 -year revenue and expenditure projections; and one -time allocations. Ms. Martinez requested a report on what is being done in the identified chronic areas and plans for the future. No one appeared in opposition to the Crime Control and Prevention District Budget. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mayor Adame referred to Item 24 regarding a presentation on the proposed FY2009 -2010 Operating Budget: General Fund Part 1 covering the following departments: General Government (except Municipal Court), Health, Library, Park & Recreation, Neighborhood Services, Engineering. Assistant Director of Budget Eddie Houlihan referred to a powerpoint presentation including major revenue sources; budget comparison of revenues for FY2009 and proposed FY2010; history of net taxable values; history of assessed valuations; history of ad valorem tax rates; sales tax collections and comparisons by calendar year; the general fund unreserved fund balance; budget expenditure increases and reductions; major expenditures by department; comparison of expenditure increases from FY2009- FY2010; full time equivalent changes; and expenditures by function for General Government Services, Health, Library, Park and Recreation, Neighborhood Services, Engineering Services; and the budget calendar. The following topics pertaining to this item were discussed: a 1% increase of net value and 1% increase in sales tax income; the year -to -date sales tax income; decrease in electric franchise revenue; the sales tax comparison; the financial policy requiring the City to maintain 10% of expenditures in the fund balance; allocation increases; reporting allocations properly by the appropriate amount; development service subsidy; a zero based budget; department head training; changing the budget date; cell phone usage by employees; the frozen and deleted positions; whether the director position salary is included in the increase for development services support; the decrease in the library book budget; using volunteers to assist departments; beach parking permits; the requirement to fund the Turtle Patrol and the amount spent; employees for the baseball field maintenance; and the reason for closing Violet Pool. Minutes — Regular Council Meeting June 9, 2009 — Page 10 Council Member Scott requested a sales tax comparison chart that includes the first five months of calendar year 2009; a history of the development service subsidy including the staffing; a graph on the staffing level for the Parks and Recreation Department over the last ten years; and a report on the status of the sargassum issue. Council Member Leal requested a list of the 47.7 frozen positions and 5 deleted positions. Council Member Martinez requested an update on the policies for beach safety. Mayor Adame directed staff to place an budgeting and changing the budget cycle dates. Mayor Adame called for a brief recess comment. item on a future agenda regarding zero based to present proclamations and listen to public Mayor Adame called for petitions from the audience. Brenda Williams, 2518 Scabbard, asked the Council not to terminate funding for the Sister City Committee. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Patricia Longoria, 4501 Lamont, spoke regarding trash dumping behind the Army Depot located on McArdle Road. Christopher Keach. 6830 Wall and Dr. Alan Garrett, Everhart Animal Hospital, spoke regarding a family pet (dog) that contracted the parvovirus they believe occurred during the dog's quarantine at Animal Control. Mr. Keach requested that the City reimburse him for the dog's medical expenses. Council Member Chesney requested information from Animal Control regarding this issue. Council Member Scott requested information on the open meetings act procedures for the City Council. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding the reduction of an allocation for summer food programs on the northside and the amount spent by requestor's on labor costs for open records. Council Member Kieschnick requested a breakdown of the summer programs offered by the Parks and Recreation. Carolyn Moon, 4802 Calvin, spoke regarding making the city "green" and supporting GlobalWatt. Council Member Marez requested an update on the tax issues on solar panels. Randy Farrar, 5417 Whitemarsh, requested that the Council reinstate some the Sister City Committee budget. James Chadden, 1718 Arlington, spoke regarding the neighborhood issues due to transients located around the Labor Ready office on Port Avenue. Paul Loheda also spoke regarding the inappropriate behavior of the transients around the Labor Ready office and the unsanitary and unsafe conditions for children. Cliff Harris, Cliffs Uptown Detail, spoke regarding an ongoing program with transients trespassing on properties located on the uptown and downtown business district and buildings with code violations. Rebecca Stroisch, 920 Waco, asked that homeless individuals be treated as people. Rudy Medina, 5413 Cain, spoke regarding the lack of code enforcement at a property on Holly Road. Melody Cooper, 5145 Royalton, thanked the Council for her appointment to the Sister City Committee and asked that the funds for the student exchange program not be eliminated from the budget. Judy Loverde, 909 Driftwood, asked the City Council to support GlobalWatt. Delphina White, 620 Hartack, spoke regarding problems with her next door neighbor. Jimmy B. Johnston, 15896 Punta Espada Loop, spoke regarding the zoning change for Bridge Port and requested an update on the bollards at Packery Channel. Lisa Schmidt, 4002 Cott, provided a proposal for the Memorial Coliseum to become a planetarium. _10_ Minutes — Regular Council Meeting June 9, 2009 — Page 11 Mayor Adame announced the executive session, which was listed on the agenda as follows: 25. Executive session under §551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect, GlobalWatt, that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Director of Economic Development Irma Caballero explained that GlobalWatt, a solar cell and production facility, is interested in investing $189.5 million over a five -year period to establish three production lines in Corpus Christi. Ms. Caballero added that GlobalWatt is partnering with local investors; Texas A & M University - Corpus Christi; and the city, state, and federal government. Ms. Caballero introduced Sanjeev Chitre, Chairman and CEO of GlobalWatt, and Yogesh Rane, Director of Emerging Technologies. Mr. Chitre stated that solar energy is the fastest growing segment of alternate energy and is non - toxic. Mr. Chitre referred to a powerpoint presentation including the solar power chain; solar costs at parity with grid prices; product line roadmap; manufacturing layout; sub - manufacturing facility layout; five -year expansion plan; detail analysis on payroll and jobs; and other business opportunities. The following topics pertaining to this item were discussed: the projected revenues; market demand; the projected number of jobs created within five years; the business plan and how GlobalWatt is going to be able to produce and raise the capital necessary for the project; if GlobalWatt has production facilities in other cities and the locations; the performance based contract approved by the Corpus Christi Business and Job Development Corporation (4A board); timeframe for the project; and local investors. Council Member Kieschnick requested a hard copy of the business plan and capital for the project. Eloy Salazar, Chairman of the 4A board, stated that the board supported this project based on the amount of 4A funds available and that the contract is performance based. Mayor Adame requested that this item be placed on next week's agenda for consideration. * * ** * * * * * ** * * Mayor Adame recognized and congratulated the Moody High School baseball team as they head to the state baseball championship in Austin. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:45 p.m. on June 9, 2009. —11— 2 a. RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) ADVISORY COMMITTEE — Seven (7) vacancies representing the following categories: I- Retired and Senior Volunteer Program Volunteer, 1- Retired and Senior Volunteer Program Volunteer Workstation Representative, and 5- At Large. (In the initial appointment four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non -profit agency that operates a RSVP Volunteer Station), and 5 — At Large. NOTE: THIS IS A NEW COMMITTEE. ALL POSITIONS ARE VACANT. (Note: Staff is recommending the new appointments of Olga Gonzales (RSVP Volunteer), Margaret A. Ramsey (RSVP Volunteer Workstation Representative), Norma Franklin (At Large), Rachel Lerma (At Large), Tony Lopez (At Large), Mildred McDonel (At Large), and Tambi Parker (At Large). INDIVIDUALS EXPRESSING INTEREST Servando R. Dimas Retired, Director of Foster Grandparent Program for Corpus Christi State School. Attended Del Mar College and Texas A &I University. Activities include: Planning and Decision Making Team — Shaw Elementary School and Mary Grett Memorial School, Lindale Senior Center Member, and Volunteer at Driscoll Children's Hospital. (At Large) (3- 30 -09) —15— Lindsey Edwards Norma Franklin Community Relations, Physicians Health Choice. Received a BA in Business Marketing/Administration from Texas A &M University - Corpus Christi. Activities include: Working with the Senior Community, Fund Raising for Public Education, HOPE, Corpus Christi Hispanic Chamber, and OSP Elite. (At Large) (5- 28 -09) Received Associate of Arts Degree from Texas A &M University-CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (At Large) (4- 13 -09) Olga Gonzales Retired. Attended College. AARP Certified Advocate. RSVP Volunteer at Greenwood Senior Center. Serves as President for Senior Housing Homes. Recipient of Educator Advocate - Estrella Award. (RSVP Volunteer) (At Large) (5- 13 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (At Large) (6 -4 -09) Sarah Kloos Volunteer Services Manager, Odyssey Health Care. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non -Profit Organizations. (At Large) (1 -6 -09) Rachel Lerma Maria Clarissa Lopez Marketing/Public Relations, Legacy Healthcare. Attended Del Mar College and South Texas School of Christian Studies. Volunteer Manager for Legacy Hospice. (RSVP Volunteer Workstation Rep.) (At Large) (1- 19 -09) Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (At Large) (5- 28 -09) -16- Tony Lopez Mildred McDonel Tambi Parker Margaret A. Ramsey Priscilla Wolf Member Advocate, Evercare of Texas. Attended Texas Southmost College at Brownsville Texas and Del Mar College. Served in the Unites States Marine Corp and the United States Navy. Activities include: Mayor's Council of Aging, Nueces County Community Action Agency Emergency Aid Coalition and CRCGA. (At Large) (1 -21- 09) Administrative Assistant, Frost Bank. Received Associates Degree from Del Mar College. (At Large) (4- 27 -09) Director, Navy Marine Corps Relief Society. Attended Del Mar College, Corpus Christi State University, and St. Leo University. Activities include: Directors of Volunteers in Agencies — Board Member. Recipient of 2009 Certificate of Appreciation from Coalition for Crime Victims Rights. (At Large) (5- 14 -09) Volunteer Coordinator, USS Lexington Museum on the Bay. Received BS in Social Work from Pittsburg State University at Pittsburg, Kansas. Activities include. Directors of Volunteers in Agencies Coastal Bend. (RSVP Volunteer Workstation Rep.) (At Large) (2 -5 -09) Director of Business Development, Angel Bright Home Health, Inc. Formerly with AFLAC Insurance. Attended Del Mar College. Activities include: Corpus Christi Hispanic Chamber of Commerce, Corpus Christi Chamber of Commerce, and South Texas Social Workers Society. (At Large) (5 -8 -09) —17— b. SENIOR COMPANION PROGRAM (SCP) ADVISORY COMMITTEE — Seven (7) vacancies representing the following categories: 1 — Senior Companion Program Volunteer, 1- Senior Companion Program Volunteer Workstation Representative, and 5- At Large. (In the initial appointment four (4) members shall serve a two-year term and three (3) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ( "SCP ") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the conmmnity; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one -year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. NOTE: THIS IS A NEW COMMITTEE. ALL POSITIONS ARE VACANT. (Note: Staff is recommending the new appointments of Shirley Tipton (SCP Volunteer), Maria Odeh (SCP Volunteer Workstation Representative), Apolonia P. Cantu (At Large), Servando Dimas (At Large), Harry Falcon Sr. (At Large), Marie Partington (At Large), and Priscilla Wolf (At Large). INDIVIDUALS EXPRESSING INTEREST Apolonia P. Cantu Servando R. Dimas 2002 Volunteer of the Year. (SCP Volunteer) (At Large) (1-6-09) Retired, Director of Foster Grandparent Program for Corpus Christi State School. Attended Del Mar College and Texas A &I University. Activities include: Planning and Decision Making Team — Shaw Elementary School and Mary Grett Memorial School, Lindale Senior Center Member, and Volunteer at Driscoll Children's Hospital. (At Large) (3- 30 -09) —18— Harry Falcon Sr. Heidi Janicke Safety and Health Training Coordinator, Corpus Christi Army Depot. Attended Del Mar College. Vietnam Veteran. Activities include: Youth Softball, Basketball and Baseball Coach/Umpire, President of TASO Chapter of Girls Softball Fastpitch, Usher at St. Patrick Church. (At Large) (12- 31 -08) Care Coordinator, Coastal Bend Council of Govemments- Area Agency on Aging. Received a Bachelors in Sociology. Recipient of Above and Beyond Award - MHMR. (SCP Volunteer Workstation Rep.) (At Large)(1- 6-09) Sarah Kloos Volunteer Services Manager, Odyssey Health Care. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non - Profit Organizations. (SCP Volunteer Workstation Rep.) (At Large) (1 -6 -09) Maria Clarissa Lopez Patient Care Manager, VistaCare Hospice. Received AAS from Del Mar College, BSN from University of Houston, and MAA from University of the Incarnate Word. (At Large) (5- 28 -09) Mildred McDonel Administrative Assistant, Frost Bank. Received Associates Degree from Del Mar College. (At Large) (4- 27 -09) Maria Odeh Hospice Social Worker, VistaCare. Received Bachelors/Masters of Social Work from Our Lady of the Lake University. Activities include: Texas A &M Health Science Center Coastal Bend Diabetes Education Board Member and Congregational Health Ministry. (SCP Volunteer Workstation Rep.) (At Large)(1 -6 -09) Tambi Parker Marie Partington Director, Navy Marine Corps Relief Society. Attended Del Mar College, Corpus Christi State University, and St. Leo University. Activities include: Directors of Volunteers in Agencies — Board Member. Recipient of 2009 Certificate of Appreciation from Coalition for Crime Victims Rights. (At Large) (5- 14 -09) Volunteer for Senior Companion Program. Served in the Military. Active Community Volunteer. Recipient of Volunteer of the Year Award and STAR Award. (SCP Volunteer) (At Large) (1 -6 -09) -19- Shirley Tipton Priscilla Wolf Volunteer for Senior Companion Program. Active Community Volunteer. (SCP Volunteer) (At Large) (1 -6- 09) Director of Business Development, Angel Bright Home Health, Inc. Formerly with AFLAC Insurance. Attended Del Mar College. Activities include: Corpus Christi Hispanic Chamber of Commerce, Corpus Christi Chamber of Commerce, and South Texas Social Workers Society. (At Large) (5 -8 -09) —20— 3 Requested Council Date: 6/16/09. Alternate Date: 6/23/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of twenty -two (22) pickup trucks and one (1) intermediate sport utility vehicle; and lease purchase of three (3) pickup trucks from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0144 -09, based on low bid and low bid meeting specifications for a total amount of $583,184. The vehicles will be used by the Gas Department, Neighborhood Services, Park & Recreation, Storm Water, Street and Water Department. Twenty -one (21) vehicles are replacement units and five (5) units are additions to the fleet. Funding for the purchase of vehicles is available in the Capital Outlay budget of the Maintenance Services Fund, the Operational budget of Neighborhood Services Department and the Operational budget of the Beach Operations Division. Lease purchase financing for three (3) pickup trucks will be provided through the City's lease/purchase financing program. Champion Ford Corpus Christi, Texas Line Item: 2, 4, 5, 8, 9,10 &13 $333,921.00 Mac Haik Ford Georgetown. Texas Line Items: 1, 3, 6, 7, 11, 12 $249,263.00 Grand Total: $583,184.00 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Bid Invitations Issued: Bids Received: Basis of Award: The vehicles will be used by the Gas Department, Neighborhood Services, Park & Recreation, Storm Water, Street and Water Department. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Twenty -one (21) vehicles are replacement units and five (5) are additions to the fleet. Four (4) vehicles will be added to the Neighborhood Services Department and one (1) vehicle will be added to the Beach Operation Division. These vehicles range in fuel economy from 14 to 21 mpg. Twelve Three Low Bid - Line Items 1 -5, 8 -13 Low Bid Meeting Specifications— Line Item 6 Sames Crow Ford (Sames), Corpus Christi, Texas submitted the apparent low bid for line item 6. However, their bid does not meet specification requirements regarding the 6 1 foot bed, the tire size and the limited slip rear axle, as required in the bid invitation. Low Bid Meeting Specifications— Line Item 7 Champion Ford and Sames Crow Ford (Sames), Corpus Christi, Texas submitted the apparent low bid and second low bid for line item 7. However, their bids do not meet specification requirements regarding the tire size and the limited slip rear axle, as required in the bid invitation. -23- Funding: Requested Council Date: 6/16/09 Alternate Date: 6/23/09 Purchase — 23 vehicles Maintenance Services — 17 vehicles 550020 -5110 -40120 Capital Outlay Item No's.: 31, 34, 35, 36, 37, $404,680 38, 39, 54a, 58, 59, 60, 61, 62, 63, 64 & 65 Bid Items No's: 2, 3, 5, 9, 10, 11, 12 & 13 Neighborhood Services — 4 vehicles 550020 -1020 -11500 Capital Outlay Item No.: 17 Bid Items No.: 1 Park & Recreation/Beach Operations — 2 vehicles 550020- 1020 -12940 Capital Outlay Item No's.: 26, 27 Bid Items No's: 6 & 7 64,356 55,866 TOTAL PURCHASE: $524,902 Lease Purchase - Bid Items 4 & 8 — 3 vehicles Funding for three (3) pickup trucks is provided through the City's lease/purchase financing agreement for a sixty-month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $12,723.00. Total estimated cost over the sixty-month period, including principal of $58,282.00 and interest of $5,333.00, is $63,615.00. The pickup trucks are scheduled for delivery in September 2009. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY2009/2010. Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com —24— CITY OF CORPUS CHRISTI PURCHASING DIVISIONS BUYER: GABRIEL MALDONADO COUNCIL DATE: JUNE 16, 2009 DESCRIPTION 1. Series (PU -1), 'h Ton Ext. Cab Compact Pickup, 6' Bed, tool box, in accordance with Specficatkrn No. 1014. Color- White. Neighborhood Services 2. Series (PU -1), '/, Ton Ext. Cab Compact Pickup, 6' Bed, tool box, side tool box, work lights, towing package, in accordance with Specification No. 1014. Color - White. Color- White. Water Department 3. Series (PU -1), 34 Ton Ext. Cab Compact Pickup, 6' Bed, w /spray in bed liner, truck cap, LED Strobe light & Dir. Light bar, towing package, in Accordance with Specification No. 1014. Color - White. Water Department 4. Series (PU -2), % Ton, Extended Cab, Short (6 X') Bed Pickup, spray -in bed liner, HD towing package wl 2" ball hitch, cab guard, 6 way elect. Conn. Electr. Brake Cont. LED strobe light, in accordance with Specification No. 1014. Color - White. Street Department 5. Series (PU -2), Yz Ton, Extended Cab, Long (8') Bed Pickup, in accordance with Specification No. 1014. Color - White. Gas Department 6. Series (PU -2), 'A Ton, 4x4, Crew Cab, Short (6 '/_') Bed Pickup, in accordance with Specification No. 1014. Color- Yellow. Park & Recreation 7. Series (PU -2), 'h Ton, 4x4, Crew Cab, Short (6 'h') Bed Pickup, in accordance with Specification No. 1014. Color- White. Park & Recreation 8. Series (PU -3HD), ''4 Ton, Extended Cab, Long (8' Bed Pickup, tool box, 110 gal diesel transfer tank, HC towing package, in accordance with Specification No 1014. Color - White Street Department 9. Series (PU -3HD), 34 Ton, Standard Cab Pickup Deleted Bed, with Service Body, litigate (tommylit w/loggle switch), in accordance with Specificationt No. 1014, 1065, 1009. Color - White Water Department 10. Series (PU -311D), % Ton, Ext.Cab Pickup, Low Profile Top Opening w /Service Body, in accordance wi0 Specifications No. 1014, 1065, 1009. Color - White Gas Department 11. Series (PU -3HD), % Ton, 4x4 Extended Cab, Sho (6.5') Bed Pickup, in accordance with Speci5catio No. 1014. Color - While. Storm Water Dept. 12. Series (HT -1.5) 15,000 lbs. GVWR Crew Cab any Chassis, 60 inch cab -to -axle, with Service Bod (Rawson - Koenig 4 E60094 or approved equal). I Accordance with Specifications No. 1009, 1012, an 1013. Color- While. Gas Department 13. Intermediate SUV - Ford Explorer or Equal). Colo White. Gas Department (1) BID TABULATION BID INVITATION NO. 81- 0144 -09 PICKUP & SUVS Est. MPG Champion Ford Corpus Christi, Texas Mac Haik Ford Georgetown, Texas Sames Crow Ford Corpus Christi, Texas Unit Price Extended Price Unit Price Extended Price Unit Price . Extended Price crrrrawr QTY UNIT 1621 4 Each $16,399.00 $65,596.00 516,089.00 564,356.00 516,87622 $67,504.88 16/21 1 Each 17,717.00 17.717.00 17,781.00 17,781.00 18,44322 18,443.22 16/21 2 Each 19,891.00 39,782.00 18,829.00 37.658.00 20267.22 40,734.44 14/19 2 Each 16361.00 36.722.00 20823.00 41,646.00 18,770.22 37,540.44 14/19 1 Each 20,280.00 20.280.00 21 521.00 21,521.00 21,218.22 21,218.22 (1) 14/19 1 Each NO BID 28,092.00 28.092.00 26138.22 26,138.22 (2) (2) 14/19 1 Each 25,185.00 25,185.00 27,774.00 27,774.00 25,284.22 25,284.22 • N/A 1 Each 21,560.00 21.560.00 27 644 00 27,644.00 22,670.50 22,670.50 N/A 4 Each 23,591.00 94.364.00 33359.00 133,436.00 24,467.50 97,870.00 N/A 5 Each 24,334.00 121670.00 33305.00 166,525.00 25,210.50 126,052.50 t N/A 2 Each 23,092.00 46,184.00 22,685.00 45.370.00 24027.50 48,055.00 1 N/A 1 Each 50,274.00 50,274.00 46,013.00 46.013.00 51,284.70 51,284.70 i I 14/20 1 Each 21,608.00 21.608.00 22400.00 22,400.00 22,379.22 22,379.22 TOTAL AWARD: GRAND TOTAL AWARD: 5583.184.00 Sames Crow Ford ( Sames), Corpus Christi, Texas submitted the apparent low bid for line item 6. However, their bid does not meet specification requirements regarding the 6 1/2 foot bed, the tire size and the limited slip rear axle, as required in the bid invitation. 5333.921.00 5249,263.00 (2) Champion Ford and Sames Crow Ford ( Sames), Corpus Christi, Texas subm'ttl)t@ apparent low bid and second low bid tor line item 7. However, their bids do not meet specification requirements regarding the tire size and the limited slip rear ale xis required in the bid invitation. 4 Requested Council Date: 6/16/09 Alternate Date: 6/23/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI- 0034 -09, based on only bid and low bid for an estimated six month expenditure of $297,355.25 of which $49,559.21 is required for FY08 -09. The terms of the contracts will be for six months with options to extend for up to five additional six month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY08 -09 and have been requested for FY 09 -2010. Pencco, Inc. San Felipe, Texas Hydroflourosilicic Acid $156,836.75 Ciba Corporation Suffolk, Texas Liquid Cationic Polymer $107,820.00 Polydyne, Inc. Riceboro, GA Sludge Dewatering Polymer $32,698.50 Grand Total: $297,355.25 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Previous Contract: These chemicals are used in the production of our potable drinking water and in the treatment of wastewater effluent. Hydroflurosilicic Acid and the liquid cationic polymer are used in the water production process. The sludge dewatering polymer is used to treat wastewater effluent. The options to extend the current contracts were not exercised due to suppliers' inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Twenty -Eight Bids Received: Five Price Analysis: Pricing for hydroflourosilicic acid has increased approximately 4% from the current contract price. Pricing for liquid cationic polymer has increased approximately 1% from the current contract price. Pricing for sludge dewatering polymer has increased approximately 15% from the current contract price. —29— Requested Council Date: 6/16/09 Alternate Date: 6/23/09 Award Basis: Only Bid — Item: 1 Low Bid — Items: 2 & 3 Funding: Water Department FY -08/09 520010- 4010 -31010 $44,109.46 Wastewater Department 520010- 4200 -33100 $1,046.59 520010- 4200 -33120 1,196.00 520010- 4200 -33130 2,609.16 520010- 4200 -33140 593.00 $5,444.75 Michael Barrera, Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com -30- Total $49,554.21 :pieMy ie ;ol puei� u W N nN 0' U W O O Q 00 00 O 00 b C �+ -4 O zb 0 o_ a 99 Om A > 0 cr p a N 0 o x 00 00 C 0\ T 69 A 00 l0 00 00 lJ -4 l9 01 A N A N CG W U to O to O 00 0 00 z 0 0g ?.n CT 3 2' —31— N y r X G 3 5: o 2 o :: 0 _. oen (loealuoo tpuow xis) Hydroflourosilicic Acid J -. 0 LO 03 `a n •o O w t» ° n 10) m o 00 o N O L O 0n m n 0 o . X 49 49 0 6/9 Eft y O J a A 00 w w a 0 N u 99 69 c-) co 5 5 co co r rD 0 Z co o A 5 AGENDA MEMORANDUM Date: June 16, 2009 SUBJECT: APPROPRIATION OF FUNDS FOR NEYLAND PUBLIC LIBRARY AGENDA ITEMS: Ordinance appropriating $2,341.88 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $393.93. from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,947.95 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $2,341.88; and declaring an emergency. ISSUE: Additional funds are available for the Neyland Public Library from unappropriated interest earnings and mineral interest earnings. With this appropriation over $1,153,000 was available for the project from private funding sources. Of that amount, $823,200 has been received from the Neyland Estate. The major Neyland Library renovation and expansion project is complete, but additional work to mechanical systems is needed on this nearly fifty year old building. REQUIRED COUNCIL ACTION: Council authorization required for appropriation of funds. PRIOR COUNCIL ACTION: Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T. Neyland Estate Ordinance No. 026128 (January 25, 2005) appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility. Resolution No. 026752 (April 25, 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. Resolution No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. Ordinance No. 026834 (June 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $187,458.57 from the William T. Neyland Estate, $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest eamings from the Library CIP Fund No. 3210 for Parkdale library improvements —35— Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492.87. Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Bell Children's Library at the Central Library; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. Ordinance No. 027132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an emergency. Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. Ordinance No. 027237 (April 24, 2007) appropriating $18,223.38 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68 from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $18,223.38; and declaring an emergency. Ordinance No. 027282 (May 22, 2007) appropriating $5,902.61 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.19 from mineral interest from the William T. Neyland Estate and $3,955.42 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and declaring an emergency. Ordinance No. 027368 (August 21, 2007) appropriating $13,975.69 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $13,975.69; and declaring an emergency. —352 Resolution No. 027435 (October 9, 2007) authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for improvements to the Parkdale Branch Library. Ordinance No. 027436 (October 9, 2007) appropriating $29,138.86 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $25,000.00 from the Friends of Corpus Christi Public Libraries; and $4,138.86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $ 29,138.86; and declaring an emergency. Resolution No. 027442 (October 9, 2007) authorizing the renaming of the Parkdale Branch Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library Board upon completion of improvements to the facility and repealing Resolution No. 026129 which previously authorized the remaining of the Parkdale Branch Library to the "William T. Neyland Public Library." Motion No. 2007 -258 (October 9, 2007) authorizing the City Manger or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovation Project for the Base Bid and Additive Alternate No. l . Motion No. 2007 -255 (October 9, 2007) authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6 -foot high by 12 -foot wide mural, in the amount of $8,550 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. Ordinance No. 027563 (January 29, 2008) appropriating $19,726.24 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $15,155.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $19,726.24; and declaring an emergency. Resolution No. 027573 (February 12, 2008) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and installation of a new book -lift shaft, book - list and machine room at the Parkdale Branch Library. Ordinance No. 027574 (February 12, 2008) appropriating $42,000 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095 for construction and installation of new book -lift shaft, book -lift and machine room at the Parkdale Branch Library from Friends of Corpus Christi Public Libraries; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $42,000; and declaring an emergency. Ordinance No. 027717 (June 10, 2008) appropriating $ 16,997.29 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $ 7,050.60 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland Estate; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $ 16,997.29; and declaring an emergency. —33/— Ordinance No. 027871 (August 26, 2008) appropriating $ 3,848.21 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,573.99 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $ 2,274.22 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $ 3,848.21; and declaring an emergency. Ordinance No. 027926 (November 11, 2008) appropriating $4,816.28 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $3,046.44 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,769.84 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027456 to increase appropriations by $4,816.28; and declaring an emergency. RECOMMENDATION: Staff recommends approval. 4 —38— -14 Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com Page 1 of 2 AN ORDINANCE APPROPRIATING $2,341.88 INTO THE LIBRARY CIP FUND NO. 3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE ANITA & W.T. NEYLAND PUBLIC LIBRARY FROM THE FOLLOWING SOURCES: $393.93 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210 AND $1,947.95 FROM ROYALTIES FROM OIL, GAS AND MINERAL INTERESTS BEQUEATHED TO THE CITY LIBRARY FROM THE ESTATE OF WILLIAM T. NEYLAND; CHANGING FY 2008 -2009 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $2,341.88; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,341.88 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $393.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,947.95 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland. SECTION 2. That the FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 is changed to increase appropriations by $2,341.88. SECTION 3. 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 this the 16th day of June, 2009. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: June 5, 2009 r eborah Walther Bro ;n Assistant City Attorney For City Attorney —39— Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —40— 6 CITY COUNCIL AGENDA MEMORANDUM June 16, 2009 AGENDA ITEM: Ordinance appropriating $1,232.32 from grant provided by Time Wamer's Cable Franchise from the general fund reserve for public access channel equipment; amending the FY 08 -09 operating budget adopted by Ordinance No. 027776 to increase appropriations by $1,232.32 and declaring an emergency. ISSUE: Time Warner provides annual funds of $3,500.00 for public access facilities and equipment. There is $7,000 in funds available for use. The Channel 10 Public Access User Group submitted request for use of these funds for three Sony mini DV camcorders, three tripods, and three maintenance plans for total of $1,232.32 to the Cable Communications Commission. Information about this request was included in the Commission's April 20, 2009 agenda packet. At its meeting on May 18, 2009, the Cable Communications Commission approved the request for funds by vote of 4 -1. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: Similar funds were last appropriated in March 2007. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. —43— OluNt Kim Womack Director of Public Information Ki mw(a.cctexas.com 826 -3211 BACKGROUND INFORMATION The City of Corpus Christi franchise agreement with Time Warner Cable provides for two public access cable channels. The City's Cable Communications Commission provides oversight to two Public Access User Groups (PAUG) and their programming on cable channel 10 and 18 .in compliance with City ordinances. Section 2 -182 of the City Code of Ordinances states that duties of the Cable Communication Commission include resolution of disputes concerning allocation of access funding. City ordinance states that public access producers shall organize themselves into public access user group (PAUG) for each channel. The PAUGs each have a volunteer Board of Directors. Each PAUG is responsible for conducting semi - annual program schedule lottery and delivery of programs to the cable operator. The PAUG Board of Directors are responsible for any request and/or oversight of equipment provided through the Time Warner funds used for public access equipment. The Cable Communications Commission meets monthly and reviews compliance of established rules and procedures for public access programming. The Commission provides City Council recommendations regarding changes as necessary. The Commission will present recommended changes to the City Council in the near future to update rules and procedures . The Public Information Office took over responsibilities for the Cable Communications Commission in the Fall of 2008 as the E- Government Department was transitioned into the Municipal Information Systems (MIS) department. —44— MINUTES CABLE COMMUNICATIONS COMMISSION May 18, 2009 PRESENT Chairperson Connie Gutierrez, Vice Chairperson Steve West, Commissioners Leo Estrada, Latrice Sellers, Carolyn Moon ABSENT City Staff Lisa Aguilar, Assistant City Attorney, Kim Womack and Andreina Keller, Public Information Office Ms.Gutierrez called the meeting to order at 12:05pm and verified the necessary quorum. All Commissioners approved the minutes from the April 20, 20098 meeting of the Cable Commission REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS — Andrew Maldonado was not present to contend is violation on program identification or for . failure to turn in tapes; thus his program "Revival Center" will be taken off air. Similarly Mr. Garza was not present to protest his failure to turn in tapes violation and thus is also off air. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES - City Staff asked that the subcommittee allow staff time to compile all proposed changes to the rules and procedures which will then be presented at a future subcommittee meeting for review before being presented to the commission for approval. Ms. Moon asked about the letter to Time Warner regarding any changes that they would like to recommend to the rules. Ms. Womack informed the commission that she would like to present the compiled changes to the rules and procedures to Time Warner and that it has been a challenge to arrange a meeting with Time Warner. City Staff will send a letter to Time Wamer when the approved rules and procedures from the subcommittee requesting input by certified mail. CHANEL 18 PAUGS REPREAT AIRING COMPLAINTS Mr. Nesmith was unable to attend the meeting. The commission wished to hear Mr. Nesmith's explanation of the repeat programming. Legal was asked by Ms. Moon if there were any other sanctions besides sending Jesse a letter regarding this issue. Ms. Aguilar felt there could be a potential violation to the producer of the repeat shows. Mr. West ask legal how much responsibility the PAUG had in making sure programming was not repeated and that the rules were followed. Ms. Aguilar agreed that there was responsibility on the PAUG to oversee programming. Mr. West inquired as to any sanctions that could possibly be applied to any PAUG that is consistently not being responsible for programming. Ms. Aguilar asked for time to gather information to present at the next meeting in regards to any sanctions that their may be but informed the commission that generally speaking there could be a decertification process against the PAUG. There was debate amongst the commissioners weather or not the responsibility of the repeat shows was against the producer or the channel 18 PAUG. The commission requested that a -45- letter be sent to Jesse making him aware of the issue and ready for discussion of the issues for next month. REVIEW AND POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS. Mr. Gordy let the Commission know that 8 of the complaint letters have yet to receive an answer. Mr. Gordy met with Time Warner Representatives regarding this issue. Overall there seems to be a lack of response from Time Wamer in regard to cable commission issues. The Commission asked that a contact be made with Time Warner in regard to their lack of responses and lack of attendance. CABLE OPERATOR REPORT Ms. Triplett was not present to give report. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR EQUIPMENT Staff presented the memo from the City Finance department which stated that there are funds in the amount of $7,000 reserved in the General Fund that would cover for the purchase of 3 new cameras with 4 year warrantees, and 3 tripods. Staff informed the commission that if the purchase was approved it would become an item to go before city council for the council's approval. Ms. Moon moved for approval of the purchase. The motion was passed 4 -1. City Staff will prepare a resolution for appropriation and will let the Commission know when the agenda item with be presented to council. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS There was no action to be taken PAUG UPDATES — Channel 10: The Commission was given a copy of the changes made to the channel 10 bylaws. Mr. Gordy let the commission know that his channel is running smoothly and has only one empty spot. Channel 18: Mr. Nesmith was not present however Ms. Sellers commented that she was impressed with the channel 18 lottery and wished to compliment him. STAFF UPDATES Staff had nothing new to add. PUBLIC COMMENT — No one sign up for public comment ITEMS FOR NEXT MEETING None ADJOURNMENT OF MEETING — Mr. West motioned to adjourn the meeting, seconded by Ms. Moon. The meeting ended at 12:45 p.m. -46- Page 1 of 2 ORDINANCE APPROPRIATING $1,232.32 FROM GRANT PROVIDED BY TIME WARNER'S CABLE FRANCHISE FROM THE GENERAL FUND RESERVE FOR PUBLIC ACCESS CHANNEL EQUIPMENT; AMENDING THE FY 08 -09 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $1,232.32; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,232.32 from grant provided by Time Warner's cable franchise is appropriated from the General Fund Reserve for Public Access channel equipment. SECTION 2. That the FY 08 -09 Operating Budget adopted by Ordinance No. 027776 is amended to increase appropriations by $1,232.32. SECTION 3. 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 this the day of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 11, 2009 1JLisa Agu !� Assistant City Attorney for City Attorney Joe Adame Mayor H:\LEG- DIRUeannie\ Lisa \Ordinances- Resolutions \Ord- PubIit4 !s channel equipment.DOC 1 Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott 1-1:\ LEG- DIR\Jeannie\ Lisa \Ordinances- Resolutions \Ord•Pd54 &Tess channel equipment.DOC 2 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 16, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2009 -2010 under the Texas General Land Office's cleaning and maintenance assistance program. ISSUE: The Texas General Land Office requires the annual submission of an application for financial assistance from local governments for beach maintenance. REQUIRED COUNCIL ACTION: The City Council must pass a resolution for the General Land Office to submit the annual grant application. PREVIOUS COUNCIL ACTION: At the July 8, 2008 meeting, City Council passed a resolution authorizing continued financial assistance through the Texas General Land Office for beach cleaning, police patrols and life guarding at North Padre Island during the 2009 state fiscal year. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize the application for continued financial assistance through the Texas General Land Office for beach cleaning, life guarding, and police patrols at North Padre and Mustang Islands and to execute all necessary documents in connection with the reimbursement application Attachments: Background —51— / • Sally Gay' Director AI Parks and ' ecreation Department sallyq Ca�cctexas. com 361- 826 -3464 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY, INCLUDING APPLICATION, TO REQUEST CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND DURING FY 2009 -2010 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM 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 execute all documents necessary, including Application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2009- 2010 under the Texas General Land Office's cleaning and maintenance assistance program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: 4 -t.> -c, 5 , 2009 tkr&f 9I74"• Lisa Aguil r Assistant Ity Attorney For City Attorney H:1LEG- DIRtLisa12009 Resolutionsl RES- authFinAssist- Beact2obltce.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR \Lisa\2009 Resolutions RES- authFinAssist- BeachC5e3nMlce.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 16, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a funding application to the Texas Department of Housing and Community Affairs in the amount of $3,039,667 for the Weatherization Assistance Program and execute all related documents. ISSUE: The City of Corpus Christi, as a "Criteria Based Awards" subrecipient, has been informed by the Texas Department of Housing and Community Affairs of funding eligibility for the Weatherization Assistance Program. A "Criteria Based Awards" pool is an allocation of $101,873,523 available to cities whose populations exceed 75,000 persons (2000 Census). The approved award amounts are based on the poverty populations in each city (2000 Census). REQUIRED COUNCIL ACTION: Authorize the submittal of a funding application to the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program. FUTURE COUNCIL ACTION: Appropriation of Weatherization Assistance Program funding. CONCLUSION AND RECOMMENDATION: Staff recommends the authorization to submit a funding application in the amount of $3,039,667 to the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program and execute all related documents. 1i) d ,a, Margie C. Rose Assistant City Manager /Interim Neighborhood Services Director MargieR @cctexas.com 361.826.3232 —57— BACKGROUND INFORMATION The Texas Department of Housing and Community Affairs (TDHCA) announced the expected distribution and use of $297,507,285 (amount includes all administrative funds) through the Weatherization Assistance Program ( "WAP "), which the U.S. Department of Energy ( "DOE ") is providing to the State of Texas from the American Recovery and Reinvestment Act ( "ARRA ") of 2009. Eligible Use of Funds The Weatherization Assistance Program (WAP) is designed to increase the energy efficiency of dwellings owned or occupied by low- income persons, reduce their total residential expenditures, and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with young children, high residential energy users, and households with high energy burden. Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances, doors, windows, and minor energy - related repairs. The type of weatherization that a household may receive is contingent upon a household's income eligibility, a comprehensive assessment of the household's energy use, and the availability of weatherization funds. These funds will be distributed in Texas by TDHCA. A contract will be executed between TDHCA and each subrecipient to establish a statewide network for the Texas WAP. TDHCA will coordinate activities in accordance with DOE -WAP guidelines. Households directly assisted with WAP funds must qualify by income and earn no more than 200% of the Federal Poverty Income Guidelines, as defined by US Department of Health and Human Services. In general, one can calculate various percentage multiples of the guidelines by taking the current guidelines and multiplying each number by 1.25 for 125 percent, 1.50 for 150 percent, 2.00 for 200 percent, etc. However, the rounding rules for these calculations, as well as procedures for calculating monthly income, are determined by the federal, state, and local program offices that use the poverty guidelines for eligibility purposes. The 2009 Poverty Guidelines for the 48 Contiguous States and the District of Columbia Persons in family j Poverty guideline 1 1 $10,830 2 1 14,570 3 1 18,310 4 22,050 5 25,790 6 j 29,530 7 i 33,270 8 1 37,010 For families with more than 8 persons, add $3,740 for each additional person —58— Ineligible Use of Funds WAP funds may not be used to purchase or improve land, or for the purchase of construction or permanent improvement of any building or other facility. Any entity that receives funds from this proposal assumes responsibility for planning, coordination, and developing WAP activities. The funds shall not be used for the provision of services or the employment or assignment of personnel to support the following activities: any partisan or non - partisan political activity or any political activity in an election for public or party office; any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or any voter registration activity. Any other uses or activities deemed ineligible by state or federal rule would also be ineligible. Before the effective date of the Texas WAP Contract, an interested party that ultimately receives an award of Texas WAP funds, (subrecipient) may not incur nor be reimbursed for travel costs, as provided for with Administration funds, related to implementation training required by the Department as a condition of receiving a WAP award and Contract. There are no allowances for pre -award costs or activities, including but not limited to legal, procurement, or administrative fees. Additional limitations as defined in ARRA and DOE WAP Notices will be strictly enforced. Administration DOE allows 5% of funds to be utilized for administration of the WAP. Administrative costs incurred by Subrecipient in performing this contract are to be based on actual programmatic expenditures and shall be allowed up to the amount in the administration budget approved by the TDHCA. The intention on the implementation of the WAP is to contract the work to be performed in accordance with the program criteria. Subsequently, a request for proposal will be released inviting contractors to participate in the program. Application Submission All applications submitted for the "Criteria Based Awards" (City of Corpus Christi) under the Notice of Funding Availability must be received on or before 5:00 p.m. on Tuesday, June 23, 2009, regardless of method of delivery. —59— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A FUNDING APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE AMOUNT OF $3,039,667 FOR THE WEATHERIZATION ASSISTANCE PROGRAM AND 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 a funding appli- cation to the Texas Department of Housing and Community Affairs, in the amount of $3,039,667, for the Weatherization Assistance Program and execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 5, 2009 � �(j 9 cll./if Eliz th R. . Hundley " As ant City Attorney for the City Attorney EHres234.doc —60— Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —61— 9 AGENDA MEMORANDUM DATE: June 16, 2009 SUBJECT: Lift Station Rehabilitation 2009 (Project No. 7415) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station CIP NO. WW 33 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of 578,980 for Rehabilitation of Lift Stations FY 2009 for the design, bid. construction, and additional services: • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station ISSUE: This project addresses upgrades to six lift stations with equipment and systems that are beyond their usable service life. This is part of the City's strategic approach to assess and implement critical needs for the 95 Lift Stations throughout the city. The proposed project provides rehabilitation of the six lift stations including bypass operations for the replacement of pumps, controls. main disconnects. piping, valves along with some structural and facility safety improvements and other miscellaneous items to restore reliable service to the areas supported by the lift stations. FUNDING: Funds for this project are available in the FY 2009 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater 826-1801 fostercfaicctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map -65- Pete Anaya, P. E.. Director of Engineering Services 826 -3781 petean(o�cctexas. com AGENDA BACKGROUND SUBJECT: Lift Station Rehabilitation 2009 (Project No. 7415) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station CIP NO. WW 33 PROJECT DESCRIPTION: The proposed project consists of the rehabilitation of six lift stations which require bypass pumping, the replacement of discharge piping, gate valves and check valves, cleaning and lining of two concrete wet wells and the replacement of pump bases, pump guide rails and accessories in three wet wells and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. CONTRACT DESCRIPTION: The consultant, Urban Engineering, will provide professional services for the coordination with City staff for the design, bidding and construction phases described further below: The design phase will prepare the construction plans and specifications, final cost estimates, and permit applications to implement the critical improvements to the six lift stations. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Other additional services include topographic and site investigation, construction observation and warranty inspections. A Contract Summary is attached as Exhibit "C ". BACKGROUND: This project is part of the City's effort to implement of a strategic lifecycle improvements for the City's 95 Lift Stations. Many of the existing lift station systems have reached the end of their effective life cycle and are at a point that further deterioration jeopardizes operations and service from the lift station. The project will identify, prioritize and implement specific improvements to extend lift station service life, reduce long -term maintenance costs, improve flows, and meet TCEQ guidelines including reducing overflows and redundant systems. With this project a total of thirteen lift stations will receive upgrades to address critical needs this year. This project was developed and packaged with the six lift stations to simultaneously address the problems gaining the benefit of increased competition and economy of scale for a more reasonably sized project. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the proposed project as required. —66— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Lift Station Rehabilitation 2009 (Project No. 7415) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station CIP NO. WW 33 PRIOR COUNCIL ACTION: 1. 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) EXHIBIT "B" Page 1 of 1 H:\USERS2\HOME\VELMAPIGEN \WASTEWATER \7415 \URBAN ENGRWGEND &46RIDR PROJECT ACTIONS CONTRACT SUMMARY SUBJECT: Lift Station Rehabilitation 2009 (Project No. 7415) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station CIP NO. WW 33 1. SCOPE OF PROJECT. This project provides for the rehabilitation of six lift stations which require bypass pumping, the replacement of discharge piping, gate valves and check valves, cleaning and lining of two concrete wet wells and the replacement of pump bases, pump guide rails and accessories in three wet wells and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. 2. SCOPE OF SERVICES. The NE agrees to begin work on authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Engineering Services. The anticipated Project Schedule of the Preliminary Phase, Design Phase, Bid Phase, and Construction Phase is shown below. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if the tasks requested require additional fee. 3. Day Date Activity Wednesday • June 24, 2009 Begin Design Monday August 31, 2009 60% Submittal Thursday September 24, 2009 City Review Monday October 26, 2009 100% Submittal Thursday November 19, 2009 City Review Thursday December 3, 2009 Final Submittal Monday December 21, 2009 Advertise for Bids Thursday January 7, 2010 Pre -Bid Conference Wednesday January 20, 2010 Receive Bids Tuesday February 16, 2010 Contract Award Tuesday March 16, 2010 Begin Construction Tuesday September 14, 2010 Complete Construction —68— EXHIBIT "C" Page 1 of 2 4. FEES. A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all Basic Services authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services, and for all expenses incurred in performing these services. For services provided, A/E will submit monthly statements for Basic Services rendered. In the Preliminary Design Phase, Design Phase, and the Bid Phase, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in the Construction Phase, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Additional Services, the City will pay the NE a not -to- exceed fee as per the table below: C. Summary of Fees. Fee for Basic Services 1. Preliminary Phase $9,300 2. Design Phase 41,100 3. Bid Phase 2,500 4. Construction Phase 9,400 Subtotal Basic Services Fees 62,300 Fee for Additional Services (Allowance) 1. Topographic Survey /Field Investigation (AUTHORIZED) 9,400 2. Construction Observation Services 5,200 3. Warranty Phase 2,080 Sub -Total Additional Services Fees Authorized 16,680 Total Authorized Fee $78,980 The estimated cost of construction for Lift Station Rehabilitation 2009: Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station Everhart and Staples Lift Station, Laguna Shores Lift Station is $779,000. The basic services fee for the project is $62,300. Therefore, the percentage of basic engineering services cost to construction cost is 8.00%. —69— R\ USERS211-1OME WELMAP\GENAWASTEWATERV415\URBAN ENGRWGENDA 5 CONTRACT SUMMARY EXHIBIT "C" Page 2of2 \Mproject \councilexhibits \exh7415a. dwg a CC u E z RI VCR Rn NIECES BAY a /1 A z \IH37 ` 1 An POW >, BEAR � ,� ��,,1 O rl� s _ ' S4Re , 1 AGNES CCIA E U W O O Clarkwood South Lift Station Ot° CORPUS CORTS11 may CITY PROJECT #7415 Everhart and Staples Lift Station Williams Lift Station Peary Place Lift Station NAS F.M. 43 N Wooldridge Lift Station FM 2444 LOCATION MAP NOT TO SCALE 3Qy Laguna Shores Lift Station EXHIBIT 'D" Lift Station Rehabilitation 2009 •Peary Place Lift Station •Clarkwood South Lift Station *Williams Lift Station *Wooldridge Lift Station *Everhart and Staples Lift Station *Laguna Shores Lift Station _70_ CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/16/2009 SNIP i■ 10 AGENDA MEMORANDUM City Council Action Date: June 16, 2009 SUBJECT: Cimarron/Yorktown Wastewater Lift Station Project No. 7285 / CIP No. WW 25 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles Inc. of Corpus Christi. Texas, in the amount of 51,278,193 for the Cimarron/Yorktown Wastewater Lift Station for the Total Base Bid. ISSUE: This project replaces the existing Cimarron /Yorktown Wastewater Lift Station that is beyond its usable service life. The existing lift station is located at the corner of Cimarron/Yorktown intersection and services the area south of Yorktown Blvd to Oso Creek along Cimarron Blvd. The new lift station will be moved slightly south of an AEP sub - station to access for better maintenance and safety. The new lift station is designed to increase current capacity from approximately 1.2MGD to 3.8MGD (Million Gallons per Day). The new systems and equipment will ultimately decrease operational cost while supporting continued development in the area. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell. Director of Wastewater Services 826 -1801 fosterc@cctexas.com Additional Exhibit "A" Exhibit "B Exhibit "C" Exhibit "D" Exhibit 'E" Support Material: Background Information Prior Project Actions Bid Tabulation Project Budget Location Map —73— Pete Anaya, P.E.. Director of Engineering Services 826 -3781 petean(o�cctexas.com BACKGROUND INFORMATION SUBJECT: Cimarron/Yorktown Wastewater Lift Station Project No. 7285 / CIP No. WW 25 PROJECT DESCRIPTION: The project consists of a 12 -foot diameter wet well lift station with pumps, piping and controls, PCR electrical and control building, standby generator, mechanical odor control system, 156 L.F. of 8 ", 14 L.F. of 18" and 22 L.F. of 21" gravity sewer with manhole, 270 L.F. of 12" PVC force main, sitework, fencing, homeland security gate and card reader, concrete paving and demolition of existing lift station, in accordance with the plans, specifications and contract documents. The new Lift Station will be located south of the existing lift station site which is shared with an AEP sub - station. The new lift station will increase capacity from approximately 1.2MGD to 3.8MGD (Million Gallons per Day) with newer systems and technologies. Upon commissioning of the new lift station, the existing lift station will be demolished. BID INFORMATION: On May 13, 2009, the City received proposals from five bidders (see Exhibit "B" Bid Tabulation). The bids range from $1,278,193 to $1,438,061. The estimated cost of construction is $1,375,923. King -Isles Inc. has successfully completed several other city projects. Therefore, City staff and the consultant, Coym, Rehmet & Gutierrez Engineering, LP, recommend that the contract be awarded to King -Isles Inc. in the amount of $1,278,193 for Cimarron/Yorktown Wastewater Lift Station for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 420 calendar days, with completion anticipated in September 2010. PROJECT BACKGROUND: This project includes increased capacity and upgraded systems with the demolition of the existing Cimarron/Yorktown Wastewater Lift Station located at the corner of Cimarron and Yorktown Boulevard. The existing lift station has experienced numerous operational problems and is beyond its useful service life. The existing Yorktown /Cimarron Lift Station capacity is 1.2MGD and ultimately flows north along Cimarron across Saratoga to the Wooldridge Lift Station and the Oso Water Reclamation Plant. Improvements to extend and upgrade the underground infrastructure along Cimarron were included in the Bond 2004 Cimarron Street Reconstruction projects. The new lift station will be moved just south of the AEP sub - station to improve access and safety. The new Lift Station will be approximately 3.8MGD to meet the current and future growth in the area in accordance to the approved Master Plans for the SPA 28. —74— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Cimarron/Yorktown Wastewater Lift Station Project No. 7285 / CIF No. WW 25 PRIOR COUNCIL ACTIONS: 1. 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) 2. October 28, 2003 — Motion authorizing the City Manager, or his designee, to execute Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L. P. of Corpus Christi, Texas in the amount of $138,990 for Cimarron /Yorktown Wastewater Lift Station. PRIOR ADMINISTRATIVE ACTIONS: 1. January 4, 2005 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L. P. of Corpus Christi, Texas in the amount of $11,870, for a total restated fee of $150,860, for Cimarron/Yorktown Wastewater Lift Station. 2. March 12, 2007 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L. P. of Corpus Christi, Texas in the amount of $16,202, for a total restated fee of $167,062, for Cimarron/Yorktown Wastewater Lift Station. —75— H:\ USERS 2\HOME\VELMAP \GEMWASTEWATER\7285 \CONSTRUCTION 2009\4 PRIOR PROJECT ACTIONS EXHIBIT "B" Page 1 of 1 0 N a A N r . no g NQ SW w ii tu I- z `-3 N <n ow K 1- n N o LL Z PO W a. co V Q 0 O a LL N F LL 3 a o z 0 1 O V O t a o rc = E O m L F= mw o 3 o� c� _ W L) Q0 W 0 w 0 t u. C o Eog w ° ;II a m I 4 p w Qm p o i0 F w Yd CO t. 0 -0 mw 1-F —76— EXHIBIT "C" Page 1 of 3 0 m N 8 R o0 0 N 8 0 N $ 42.000.00 8 0 0 N 8 0 m N $ 7,700.00I $ 20,000.00 8 o 8 N N 100'00L'8IC $ $ 230,000.00I 8 R. n N 8 0 - N 8 0 00 A N $ 135,000.00I $ 12.000.00 0 N N $ 600,000.00 S0 O m N S0 O N S0 O n N $ 42,000.00 1 00'000'8 S SO O m N F. F. N $ 20,000.00 $ 55,000.00 S8 O 0 N $ 78,000.00 O ° N 8 O F N S S n N $ 12,000.00 88 O °m N $ 74,000.00 1 00 8 N' N p 8 N 00,8 S N 8 O N N $ 21,700.00 8 0 o 0 N $ 20,000.00 1 8 0 ° N N 0° 0 N e N M $ 127.800.00 1 8 8 0 S N 88 8 m N N 8 m O N 8 °o { N� Y N $ 28,800.00 °o, § N N °0 00 0 yy N N $ 74.000.00 1 oo, oo0o o N N' N 8 o N 8 o 0 m N 8 CO. in N $ 21,700.00 0 8 0 49 $ 20,000.00 1 $ 12,100.00 $127,800.00 8 8 p 8 N $ 15,300.00 8 0 O N a 0 0. Y N N N 1 $ 22,300.00 88388 S O S N S r !Nl N 10 w N N N m N N 0 N N 8 ° N 0 N m8m b Y �- 49 8p0 8 N N 0 N N o 0 N A N N IN, PUMPS, PIPING AND ODOR CONTROL $ 117,585.001 I!� $ 64,400.00 Q8 jt N N ° O 0 0 N ° N Y e] N 88 Y W N N N 0 CO la N N w 80008 NNNNN Sgmm tll 0° 0 G. N 8 e r N $ 20,000.00 1 0 �S ni N 0$ ~ N 0 m N 00 8 N MN 0 $134,550.00 $ 80,420.00 8 id S N KingJales Jhaboras Construction 1841 Goldston P.O. Box 80088 Corpus Christi, Texas 78409 Corpus Christi, Taxes 70488 ITEV oTV iun or .5, _ T= .u'nou uurT TOUTL uwT TOTIII I I?ICL vrlre PIKE vcicf PART A. SITE PREPARATION AND GENERAL CONDITIONS 0 A0 l7 cm N 0 m 0 N 0 0 m m 0 N 0 0 0 N $ 3,500.00 0 0 o 0 N $ 12,000.00 0 80 O ry N 0 0 o O N N S 216,874.001 8 o? ' N 0 00 0 N 0 0 o 0 0 N 0 0 q 0 N $ 130,000.00 $ 5,000.00 0 0 to m 0 N 0 0 la m 0` or O N $121,349.00 $ 3.810.00 1 $ 32,915.00 0 OO O N $ 3500.001 OS 0 N $ 12,000.00 $ 20,000.00 $ 2,590.001 SS O 0 N 8 O 0 co $ 30.000.00 $ 85,000.00 $130,000.00 $ 5,000.00 0 m 0 N 8 C $ N N 8 o o 1` N $ o n P N $ 30,000.00 1 8 O 8 1� N °o o Si ' 44 $ 15,000.00 I °0 0 o N 49 00'000'6 $ S 158,500.001 00 o °0 N N $ 68,500.00 00, o tro m r N 00 S N 0 N $ 126,000.00 $ 23,500.00 1 $ 7,000.00 0 0 0 en N 44 S S N 8 3 ^ N $ 7,500.00 1 8 pp N^ N 8 g N $ 12,500.00 8 8 0 r N $ 20,000.00 8 8 0 0 N 0 N N o 8 0^ N o m N 1 5 85,500.001 8 8 N N $ 23,500.00 0 8 N N c LI 2 Site Clearing and Stripping Site Grading, Excavation and Fig `o O y N oB i Storm Water Pollution Prevention Plan Traffic Control Measures (Temporary & Permanent) FIB 317 LF of Abandoned Sandery Sewer lines and 2 Manholes 8 9 C . a - S ra 4 ! C as D E t uu�� [Lift Station Structure, Wet Well Lift Station Piping. Valves, Fittings and Appurtenances to North Site Boundary Flow Meter and Meter Vault 6 y' a m m e a. to - (Odor Control System Wltlr Atr, Drain and Water Piping [Trench Safety 0 o0 1 2 0 0 ll - 1 _ _ s J J J J J J J J J 0 J J J J J Q r¢ 6 "< TZ m m o m 0 mm m —76— EXHIBIT "C" Page 1 of 3 nstructon Rodeo .a, Texas 78336 TOTAL MCC $ 10,140.00 $ 4.200.00 $ 8.400.00 8 $ O CO $ 4.860.00 $ 3,300.00 8 O 7 H 8 0 H $ 24,000.00 I 8 S H 8 0 O H N 9. H B, GUTTER, PAVEMENT, SLABS AND MISCELLANEOUS SITE WORK $ 25,200.00 8 N H 8 N N H 0 N A H 0 0 O ei H T---7511 0.00 $ 24,050.00 $ 30,000.00 8 S N H $ 20,000.00 9 pn 0 H $ 1,200.00 $ 1,200.00 0 0 03 H $ 300.00 °O 0 H °O 00 6 H $ m H $ 3,300.00 °O 0° n H °O H °O 00 m H $ 30,000.00 1 0 0 0 o H °O " H 0° m H goopp ry H oo 00 n H $ 3,000.00 $ 2,500.00 $ 130.00 -3-717117-10.00 $ 2,000.00 °0 8 o H $ 16,500.00 $ 1,200.00 00 88 .- H man -Corp IH -10 East q Texas 78109 10fAI PRICL $ 12,948.00 8 mCO 6 H 00'001' K $ 00'9E9 'L $ oo, m N H 8 Or.. d H °0,8 0 H N H 2 0 m H 88 $e° H H $ 150,678.001 $ 78,480.00 I 8 n0 < H °9 m H E 2,800.00 1 °o 0 H °9, 0I.. n H °9$ h H H H $88 �- H OGn 0 H $ 18,700.00 $ 4,100.00 °9, - H 00 °o 01 N N M $ n H $ 637.00 $ 34,100.00 00 H n8-03.137 00 n 0 H 00 H $ 2,300.00 °9 O N H $ 11,100.00 $ H $ H $ 5,600.00 8 m N H 8 N CO H $ 7,800.00 $ 322.00 $ 27,800.00 $ 1,100.00 $ 6,101M $ 16.700.00 $ 4,100.00 $ H mas, Inc. lo Dr., Ste. 101 0, Texas 78217 T( 11)U PRICE S 6,240.00 $ 2,254.00 $ (1) 5,180.00 $ 13,200.00 $ 14,580.00 °a 9° 0 O H $ 2,340.00 I $ ° q N_ H o 0 0 n H $ 7,020.00 1 $ 11,700.00 0 N y n. H = p8p 0 m H 88 m 0 N H vi S N H 88 vi Im. H 0 m N H $ 4,680.00 � $ 25,900.00 1 $ 29,250.00 8 0 S N H 1 $ 2,340.00 888 SS O O.- N r V H H S 0_ H w n. n a M 8 r H 8 888 N C H H 8 () H $ 4,800.00] $ 2,340.00 8 N H 8 0 3 N H 8 N 9 n H $ 11,700.001 8 N H 8 n H $ 2,925.00 $ 1,755.001 $ 2.925.00 1 p8 Y H $ 25,900.00 $ 29,250.00 0 m N H $ 2,340.00 $ 22,000.00 $ 1,170.00 $ 5,850.00 Construction lox 80060 sti, Texas 78488 010L PRICE $ 9,672.00 8 a o n M $ 42,000.00 j $ 20,000.00 8 o �i 0 H $ 5,000.00 I $ 3,200.00 1 8 0 N H 8 0 8 0 H $ 1,000.00 I 8. 0 8 m H g Ip e N H 8 0 m N H $ 4,988.00 I 8$888p888 0 a V H 4$$ `9' l'! H m H co H 90 N H N 0 H an r H 00 r H $ 15,000.00 $ 3,000.00 H $163,296.00 ryS N H $ 00 Y01 O 0 H H 00 m$ 44 $ m H 00 N 6 H 00 N H $ 2,000.00 °9 0 - H $ 5,000.001 00 n H $ N r H p O 0 < H S p o t7_ H °o $$$ h H °o fl to H °0 r H $ 30,500.00 $ 1,748.00 00 S O r^ H 00 00 ,0 $$ t7 H H 0 a H g -Isles Goldston sti, Texas 78409 IOTA( PPICE S 6,708.00 8 8 m 0 H $ 18.900.00 $ 28,500.00 8 8 e H 888 n a$ Ol H o Y H m m m H $ 3.300.00 $ 35,000.00 I 8 9 �i, N H 0 a °m H $ 115,200.00 8 8 w G. Nl H $ 5,000.00 $ 5,000.00 88 0 m H 9 m H $ 34.225.00 I rS 41,000.00 88 8$ er r H m N H $ 20,890.001 $ 2,000.00 1 $ 4,750.00 1 8 M1 M 00 0m W H $ 675.00 $ 28,500.00 00 a H 00 m a m H $ 4,000.00 I 00 N 44 0 0 8 r 44 $ 35,000.00-1 9 8 0 N H $ 180.00 0n o H $ 5,000.00 8 D S 0 H 0o og N 0 H S 0 m H 00 m '0 r H 00 00. p H 0q N9 r! r H 1 1 $ 2,500.001 $ 20,890.00 $ 2,000.00 1 $ 4,750.00 ITE1' a PINION C1 156 111318" PVC, 6' - 8' Cut, Gravity Sassier 18" ASTM 13-3034, SDR Gravity Sewer 18' -20 Depth, Remove Existing and Replace with New 21" ASTM D -3034 SDR 28, Gravity Sewer 18' 20' Depth 5' Diameter FRP Manhole 18' - 20' Depth 12" PVC, C900 DR 18 Force Main from North Site Boundary to Tie-1n Point 12* Plug Valve Pavement Repair Trench Safety System, Sewer Lines Trench Safety System for New and Existing Manholes Manhole By -Paso Oparatlon Dewatedng Trench and Manholes ( G Concrete Pavement with Integral Curb, Including Subgrade Preparation Concrete Sidewalk PCR Bulldklg Foundation 'Transformer Foundation I i I. C O O IOdar Control Foundation 8' High Concrete Fence 'Security Gate with Card Reader 15' Personnel Gate O. 1 S Landscaping and IMgation Limestone Weed Barter Permanent BaMcade and Bollards G J 1< J YI J 2 6 III N J a J Q 111 j 10 J 1 N a N N J 0 J N J N J LL J 0< 10 J JN I� J ry r t-. r r m e (n r r 1°N` + e r r r r' r r r r r N 0 m V 0 0 0 0 0 0 n 0 m 0 0 0 0 5 r � - N 00 O! N 0- n 0005 0 m 0 r N 55 !1 r0 —77— (3) Submitted Bid Proposal showed $74,335.00. Addition error. Corrected Total as shown is $75.270.00. (4) Submitted Bid Proposal showed $247,734.00. Addition error. Corrected Total as shown is $247,584.00. 0 u EXHIBIT "C" Page 2 of 3 om c m F V p 3 m g 8 6 0 0 9 0 r- e 0 a "0 0 P 0 C 0 O 0 $300,865.00. Addition error. Corrected Total as shown is 5310,765.00. $1,278,343.00. Addition error. Corrected Total as shown is $1,278,193.00. O a O CO O 1a CO 0 N o b C 0 L3 N °m S Eo • 0 E to U 0 p 0 o :5) —78— 0" 10 o s 0 B 8 EXHIBIT "C" Page 3 of 3 $ 2,500.00 $ 1,200.00 $ 26,500.00 S °o 0 $ 14,300.001 S O 4u n N 0 p O N o co 0 00 0 m O ^ m U7 co M $ 1,438,061.00 MO-10.00 00, 8 N N 00, 8 0. N pN O 8 O g N pN O 8 3 8 8 0 0 $ 51,000.00 0 8 0 N 0 8 1- $ 10,300.00 8 t0 N N 8 100_ l0 N o8o m N CN D8D m S N CN 8 - ^ N 001009'05 $ S8 8 N CN O 8O g 0I N N N $ 1,391,082.00 8 8 N $ 2,800.00 o 8 S n m N 8 8 8 r; 9- N $ 39,800.00 0 r N $ 53,500.00 8 8 N 0 N Iii u^ IY lllJll rnbl ; =1 PIP 41 IRnI l(lA[. UNIT bill HMI TOTAL I`Rll.l F61[.r PRICE I PI <.I I'PHA PRICE PART E. ELECTRICAL J$ 1,260.00 1 0 0 N 8 $ e M0 m 8 $ m N N $ 43,500.00 8 0 1- N 8 0 o (0 N N 8 10 o N $ 29,250.00 $ 306,110.00 $ (3) - 1,306,426.00 1$ (4) 1,986,874.00 $ 1,260.00 8 c 8 N N 8 o 3 S N 5125,300.00 $ 43,500.00 $ 7,500.00 8 8 0 10 4, 8 N m N $ 3,200.00 $ 3,400.00 8 888 v N 8 N N $ 54,000.00 8 g ^ N g o o N 8 b N $ 1,165.00 $ 310,765.00. $ 3,200.001 S o r 0 N 5 47,000.00 $128,000.00 0 C 00 a^ N O o 8 N O S 0 N S S 0 N O 0 N m W S 0 S m N $ 40,100.00 S 0 0 r9. 0 N $ 54,000.00 O 0 t ^ N 0 o 0 N N N O 0 N O ci W W N M O C CO 9' W A W V. E $ 3,250.00 S o m N S m0 p N S o v^' N N S 88 N N S Sm N O 8 0 N N S ' N C■rereil Conditions. Testing, Calibration 8 Ste l Ua Training &0& M's s` D 6t o W ICandul Installation PCR Budding. MCC. Pump Control Panel, and Lighting Panel 3 o 0 R § O } s E E I c 0 pm a SCADA RTU Modifications c 1 €0 5 0 'Transformer SUBTOTAL. ITEMS E1-E9 J J CO J CO J CO J W W W W W W W W $300,865.00. Addition error. Corrected Total as shown is 5310,765.00. $1,278,343.00. Addition error. Corrected Total as shown is $1,278,193.00. O a O CO O 1a CO 0 N o b C 0 L3 N °m S Eo • 0 E to U 0 p 0 o :5) —78— 0" 10 o s 0 B 8 EXHIBIT "C" Page 3 of 3 PROJECT BUDGET CIMARRON/YORKTOWN WASTEWATER LIFT STATION Project No. 7285 June 16, 2009 FUNDS AVAILABLE: Wastewater $1,580,575.00 FUNDS REQUIRED: Construction (King - Isles, Inc.) $1,278,193.00 Contingencies (10 %) 127,820.00 Consultant (Coym, Rehmet, Gutierrez) 167,062.00 Reimbursements 5,000.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $1,580,575.00 —79— IEXHIBIT "D" Page 1 of 1 H:\Home\Mproject\Councilexh\exh7285b.dwg CIMARRON / YORKTOWN WASTEWATER LIFT STATaN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -16 -2009 11 AGENDA MEMORANDUM DATE: June 16, 2009 SUBJECT: Cefe Valenzuela Disposal Cell 1 — Project 5276 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $344,000.00 for a restated not to exceed fee of $750,650.00 during construction of Disposal Cell 1 at Cefe Valenzuela Landfill for design, bid, construction and post construction phase services. ISSUE: Engineering services are required for design, bid, construction phase and post construction phase services (TCEQ certifications, etc.) to proceed with the next disposal cell to receive waste. FUNDING: Funds are available from the Sanitary Landfill 2008 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director - Engineering Services 826 -3781 peteanCCcctexas.com Additional Sunoort Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map Ot t007 wrence Mikolajczy Director of Solid Waste Operations 826 -1972 Iawmc cctexas.com. H:WOMEIKEVINSIOENI ANDFILLWalenzuelaCeIr WEAmd9Memo .doe —83— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Disposal Cell 1 — Project No. 5276 CONTRACT AMENDMENT: Amendment Number 9 provides for the consultant to provide professional engineering services for the preparation of plans and specifications required for the construction of landfill disposal cell 1 for the Cefe Valenzuela Landfill, including support for bidding, construction, and post construction activities. A summary of the contract amendment is attached. See Exhibit B. PROJECT DESCRIPTION: The project provides for the excavation of Disposal Cell 1, leachate collection system, perimeter access road extension approximately 1500 feet, and storm water discharge chute 1 which must be relocated from its original location in sector 4A, to collect and convey the storm water from Cell 1 of the landfill to Storm Water Pond 1. The project includes the preparation of sub - grade, compacted clay liner, leachate collection and conveyance system, groundwater collection underdrain, installation of geo- synthetic liner and drain layer components, installation of leachate collection system, dewatering controls, and construction of the drainage control structures. BACKGROUND: Disposal Cell 1 will provide disposal capacity needed as Cell 4A is nearing capacity. Cell 4B will provide disposal capacity while Cell 1 is under construction. It is necessary to proceed with the design and construction of Disposal Cell 1 at this time to ensure it is ready to accept waste when Cell 4B reaches capacity. FUTURE COUNCIL ACTION: • Award of the Construction Contract; • Award of engineering materials testing and engineering laboratory services contract; • Award of any necessary change orders; • Design and construction of future disposal cells. FUNDING: Funding is available from the Sanitary Landfill CIP Budget. PRIOR COUNCIL ACTIONS: January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of $197,000.00 for design, bid and construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill (Motion 2008 -005). February 10, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $67,314.00 for a restated not to exceed fee of $399,990.00 —84— Exhibit "A" Page 1 of 4 for construction and post construction phase services during construction of Disposal Cell 4B and Storm Water Pond 1 at Cefe Valenzuela Landfill (M2009 -035). PRIOR ADMINISTRATIVE ACTIONS: December 17, 2007 - Award of contract for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $50,000.00 for preliminary design, surveying, and 60% complete design documents for Cefe Valenzuela Landfill Disposal Cells 4A and 4B. February 10, 2008 —Award of Amendment No. 2 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $20,500.00 for a restated fee not to exceed $217,000.00 for design, surveying, construction phase services, and for the inclusion their design documents in the design — construction documents delivered to the City including storm water detention ponds necessary to support Disposal Cells 4A and 4B; March 24, 2008 - Award of Amendment No. 3 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $49,730.00 for a restated fee not to exceed $267,730.00 for revision of the cell construction schedule based on an expedited opening of next disposal cell to accommodate the remaining disposal capacity of Cell 3D, inclusion of storm water pond 1 with a realigned channel RSR 1 which addresses a negative slope and conflict with actual maintenance facilities location as included in the permit amendment, preparation of mass excavation plan for Cell 4A to expedite completion of Cell 4A, including drawing sheets, specifications, and guidelines for issuance of a separate work order by the City including survey staking and documentation survey of completed excavation; and preparation of separate bid, contract, plans, and specification documents to bid Cell 4A and Cell 4B for separate contract award. October 14, 2008 - Award of Amendment No. 4 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $31,046.00 for a restated fee not to exceed $298,276.00 for separate award of Cell 4B including bid opening, bid award, bid evaluation and bid recommendation for Cell 4B, additional construction support service for Cell 4A and Cell 4B mass excavation requiring up to two additional months of construction services, and additional documentation surveys for Cell 4A due to phased construction modification to meet contractor's sequence of construction for subgrade completion, clay liner installation and protective soil placement in two stages for the each sector. November 21, 2008 - Award of Amendment No. 5 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $20,000.00 for a restated fee not to exceed $318,276.00 for development of construction scheduling for the Cefe Valenzuela Landfill to: o Establish the expected sequencing of current filling activities; o Determine conceptual time frames and interim cell development schedule through the year 2013; o Prepare conceptualized refuse fill plans through the year 2013; o Calculate airspace volume for each fill sequence; o Identify environmental controls required to be developed for each sequence; and o Estimate preliminary material quantifies for cell construction in terms of soil excavation volumes, clay liner quantity, and area quantities. January 2009 - Award of Amendment No. 6 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $14,400.00 for a restated fee not to exceed $332,676.00 for 4A ongoing construction support site visits and office support beyond anticipated construction completion date and 4A. —85— EXHIBIT "A" Page 2of4 May 23, 2009 - Award of Amendment No. 8 for engineering services to Chiang, Patel and Yerby of Dallas, Texas in the amount of $6,600.00 for a restated fee not to exceed $406,650.00 for Cell 4B Ballast Evaluation Survey. ENGINEERING FEES Tasks Description Fee Original Contract Pre - design and Review Services II.A Preliminary Design and Review 12,180.00 II.B Survey Update (Allowance) 10,000.00 II.0 Travel 1,000.00 Pre - design Subtotal 23,180.00 Basic Services & Additional Services 11.8.1 Initial Design — Construction Document Phase 60% 26,820.00 Original Total Fee 50,000.00 Amendment No. 1 Authorized Services 11.6.2 Design — Construction Document Phase 100% 40,000.00 11.1.3 Bid Phase 5,000.00 Design /Bid Subtotal 45,000.00 Construction Services II.C.1 Construction Phase 88,000.00 II.C.2 Record Drawings 5,000.00 Construction Service Subtotal 93,000.00 Post Construction Services II.D Post Construction Phase 5,000.00 Post Construction Services Subtotal 5,000.00 Expense Allowance 4,000.00 Amendment No. 1 Fee 147,000.00 Amendment No. 2 Authorized Services I.A.1.f. Surveying — Storm Water Pond for Disposal Cells 4A and 48 20,500 Amendment No. 2 Fee 20,500 Amendment No. 3 Authorized Services I.A.1.f. Cell Construction Schedule and Storm Water Pond 1 18,858 I.A.2.k. Mass Excavation Cell 4A 18,968 I.A.2.1. Prepare Separate Bid Construction Documents for Cells 4A and 4B 11,904 Amendment No. 3 Fee 49,730 Amendment No. 4 Authorized Services 11.6.3 Bid Phase Services Cell 4B 3,712 II.C.1.m Construction Phase — Cell 4A and Cell 4B 10,150 IIC.1.n Construction Phase — Surveying — Topographic & Documentation 4A & 4B 17,184 Amendment No. 4 Fee 31,046 Amendment No. 5 Authorized Services —86— EXHIBIT "A" D•ne Q of A II.A Preliminary Design and Review 20,000 Amendment No. 5 Fee 20,000 Amendment No. 6 Authorized Services 11.0.1 4A Ongoing Construction Support Site Visits 7,680 4A Ongoing Construction Office Support 6,720 Amendment No. 6 Fee 14,400 Amendment No. 7 Authorized Services II.C.1 4B /Pond 1 Ongoing Construction Support Site Visits 16,320 4B /Pond 1 Ongoing Construction Support — Office and Project Management 14,280 4B /Pond 1 Ongoing Construction Support — Sub - consultant On Site Construction Observation 15,780 4B /Pond 1 — Expenses as set forth by Section III Fees. (Allowance) 5,250 II.D 4B /Pond 1 Post Construction Support 4,000 4B /Pond 1 Record Drawings 3,500 4B /Pond 1 Complete Confirmation and Documentation Surveys 8,184 Amendment No. 7 Fee 67,314 Amendment No. 8 Authorized Services II.C.1 Ballast Evaluation Survey for Sector 4A 6,660 Amendment No. 8 Fee 6,660 TOTAL 406,650.00 Amendment No. 9 Authorized Services Design Services 11.8.1 Initial Design — Construction Document Phase 60% 51,000 II.B.2 Design — Construction Document Phase 100% 41,000 11.6.3 Bid Phase 5,000 Construction Phase Services 11.0.1 Construction Phase 91,000 11.0.2 Record Drawings 7,000 Post Construction Services II.D Post Construction Phase Additional Services 11.E.1 Groundwater Management Design and Analysis 64,000 II.E.2 Topographic Surveying, Mapping, Field Investigations etc. 69,000 Expense Allowance Reimbursement for Out of Town Travel, Per Diem Expenses 16,000 Amendment No. 9 Fee 344,000 TOTAL $750,650 The estimated construction cost of Cell 1 is $4,177,040.00. The Basic Services associated with the amendment total $211,000.00 for a percent cost of 5.05 %. —87— EXHIBIT "A" Page 4 of 4 CONTRACT SUMMARY AMENDMENT No. 9 - CEFE VALENZUELA LANDFILL Section II. C.1 Basic Services, is amended to add the following: The Consultant's services will include basic research, documentation and design necessary for the preparation of plans and specifications required for the construction of landfill disposal cell 1 for the Cefe Valenzuela Landfill, including support for bidding, construction, and post construction activities. The project scope will include all elements necessary to fully comply with applicable TCEQ Regulations and the Cefe Valenzuela TCEQ Permit as amended or modified unless specifically excluded. Services for will include Perimeter Access Road Extension approximately 1500 feet as part of the work under the prepared contract documents. Design and construction phase services will include Discharge Chute 1 which was required to be relocated from its original location in sector 4A. Discharge Chute 1 will be designed to collect and convey the storm water from this section of the landfill to Storm Water Pond 1. The Consultant will work closely with the City's project manager to design and phase the construction program so as to ensure completion at least 90 days prior to reaching permitted capacity in Disposal Cell 4B. A. PRE- DESIGN SERVICES Consultant will: 1. review the Cefe Valenzuela TCEQ Permit as amended or modified. 2. review existing plans, specifications, survey data SDP requirements and other information to be supplied by the City. 3. update site survey controls and provide detailed topographic survey of the area identified for development of Cell 1; 4. conduct a field evaluation of existing conditions and requirements; 5. evaluate existing hydrology analysis and hydraulic study and current applicability; and 6. evaluate operational drainage control considerations. B. BASIC SERVICES 1. Design Development — Preliminary Construction Document Phase (60 %1- The Consultant will: a. employ and coordinate the activities of Consultant's staff, and such consulting engineer(s) to ensure all engineering related report documents are prepared under the direct supervision of engineer(s) registered to practice in the State of Texas. Sub - Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project; b. prepare design development documents for the entire project based on the approved Cefe Valenzuela Land Permit to establish the scope of the project through the use of plans, sections, schedules, typical details, elevations, and outline specifications; c. produce design documents in a manner to assure their suitability for continued use in the development of bid, contract, and construction documents; d. all design, bid, and construction documents will be developed with electronic format (AutoCAD r.14 or higher); e. drawings will define all major elements and systems in civil, landscaping schematic, liners, leachate collection, gas management, groundwater monitoring wells and other required improvements; f. coordinate sub consultants for civil engineering, surveying, and construction phase services, and provide for the inclusion their design documents in the design - construction documents delivered to the City; g. update the estimate of probable construction cost and project schedule; h. deliver four (4) sets of design development drawings that represent 60% contract document completion to the City Engineer and meet with City staff and the City's program manager for review and approval; i. ensure the delivered design development documents include at a minimum: • design development level drawings of all disciplines; • design narrative; • outline specifications; • project phasing plan; • an updated opinion of probable construction costs; and • site development plan, liner plan, leachate system plan, gas management plan, groundwater monitor well plan, storm water drainage and detention pond(s) and other required improvements. 2. Design — Construction Document Phase (100 %) — The Consultant will: -88- Exhibit B Page 1 of 5 a. employ and coordinate the activities of Consultant's staff architect(s), and consulting engineer(s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State of Texas. b. prepare drawings, specifications, bid, contract, construction documents based on the approved design development documents which set forth in detail the requirements, drawings, specifications, and quality levels of materials and systems necessary in the format to permit the bid, contract award, and construction of the project including establishing the limits of construction /landfilling activities, determining the intermediate drainage control requirements and hydraulic design for Cell land preparation of interim drainage control system drawings; c. prepare construction drawings (plans and specifications) in City format; d. deliver four (4) copies of the 90% complete construction documents for each construction contract and meet with the City Engineer and City staff for review and approval prior to completion of the final bid and construction documents; e. the Consultant will prepare technical specifications which define the quality and installation of materials, systems, and equipment; f. deliver to the City Engineer plans, specification manuals, bid and contract documents in a format suitable for complying with TCEQ Regulations and the Cefe Valenzuela Landfill Permit as amended or modified; d. review by the Texas Department of Licensing and Regulation (TDLR) for handicap accessibility if applicable; h. work on behalf of the City Engineer in evaluation and correction of documents to meet requirements of the TDLR if necessary; i. deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format including full size and half size plan sheets; i. review and validate the estimate of probable construction cost and project budget as it relates to altemative construction based on the final construction documents; j. recommend alternatives, methods of bidding, and any alternate bid items that may be needed to allow the City to award the construction contract within budget; 3. Bid Phase - The Consultant shall complete the following as part of the bid phase services: a. attend on- site(s) pre -bid conference noting inconsistencies Of any) in the bid documents; b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; c. assist the City Engineer in securing bids, analyze bids, and make a written recommendation concerning award of the contract; and d. in the event the bid received by the lowest responsible bidder exceeds the established project budget for construction, the Consultant will, at his/her expense, confer with City Engineer and make revisions as necessary and satisfactory to the City Engineer to permit the re- advertising of the project for bids. C. CONSTRUCTION SERVICES 1. Construction Phase — The Consultant shall complete the following tasks during the construction phase: a. attend and assist the City Engineer with a pre- construction meeting between the contractor, City Engineer, and other interested parties; b. review and check for approval, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer (the construction contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed in the contract documents. The Consultant shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions; c. provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractors price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; d. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; -89- H:ViOMEVCE VINS \GEN\LAN DFILL \V a lenzuelaCe Ill \AEAmdS umExhB.doc Exhibit B Page 2 of 5_ e. consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his /her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. The Consultant's local engineering consultants will provide periodic site visits during the construction period. Other sub consultants will make periodic site visits as necessary during the construction period. h. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract; and i. the consultant is not responsible for the contractor's means and methods of construction. 2. Record Drawings - The consultant shall review the Contractors field set of construction drawings and specifications. On the basis of "red -line" drawings and marked -up specifications provided by Contractor, and based upon known deviations, change orders, mark -ups, and changes reported by the City project inspector, the Consultant shall prepare "as- built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings and a marked up set of specifications. D. POST- CONSTRUCTION SERVICES - The Consultant shall: 1. conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to final inspection; 2. conduct a final inspection with the City representative and contractor which shall include a familiarization walk- through with City personnel (if applicable) of mechanical and control systems, emergency procedures, and maintenance procedures; 3. review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and /or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and 4. assist the City Engineer in completion and submittal of all certifications, inspections and other material required by TCEQ. 5. on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 - Texas Statutes, Elimination of Architectural Barriers Program. E. ADDITIONAL SERVICES - The Consultant will: 1. Provide Groundwater Management Design and Analysis to mitigate dewatering activities during construction. The Consultant will explore alternatives for groundwater management and control for the Sector 1A area in addition to those previously employed for Sectors 4A & 4B based on experiences and data obtained from the work performed for the Sector 4A and 4B projects. Information and experience from previous construction will be used in evaluating options that may be beneficial to the design development of the required dewatering system for Cell 1A and future Cell development. The presence of high groundwater within the permit boundary of the site requires a determination be made to optimize the landfill design to minimize impacts on schedule and cost of construction to develop the most practical and economical means to address the presence of groundwater by studying the options under this task, and establish the most viable method or practice regarding dewatering activities at the site. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $750,650.00. The fee consists of: • An original contract fee not to exceed fee of 550,000.00; • a fee for Amendment No. 1 services not to exceed fee of 5147,000.00; • a fee for Amendment No. 2 services not to exceed 520,500.00; • a fee for Amendment No. 3 services not to exceed 549,730.00; • a fee for Amendment No. 4 services not to exceed $31,046.00; • a fee for Amendment No. 5 services not to exceed $20,000.00; • a fee for Amendment No. 6 services not to exceed $14,400.00; • a fee for Amendment No. 7 services not to exceed $67,314.00; -90- Exhibit B Page 3 of 5 • a fee for Amendment No. 8 Services not to exceed $6,660.00; and • a fee for Amendment No. 9 Services not to exceed $344,000.00 Summary of Fees: Tasks Description Fee Original Contract Pre- design and Review Services II.A Preliminary Design and Review 12,180.00 II.B Survey Update (Allowance) 10,000.00 II.0 Travel 1,000.00 Pre- design Subtotal 23,180.00 Basic Services & Additional Services 11.6.1 Initial Design — Construction Document Phase 60% 26,820.00 Original Total Fee 50,000.00 Amendment No 1 Authorized Services 11.6.2 Design — Construction Document Phase 100% 40,000.00 II.B.3 Bid Phase 5,000.00 Design /Bid Subtotal 45,000.00 Construction Services II.C.1 Construction Phase 88,000.00 II.C.2 Record Drawings 5,000.00 Construction Service Subtotal 93,000.00 Post Construction Services II.D Post Construction Phase 5,000.00 Post Construction Services Subtotal 5,000.00 Expense Allowance 4,000.00 Amendment No. 1 Fee 147,000.00 Amendment No. 2 Authorized Services I.A.1.f. Surveying — Storm Water Pond for Disposal Cells 4A and 4B 20,500 Amendment No. 2 Fee 20,500 Amendment No. 3 Authorized Services I.A.1.f. Cell Construction Schedule and Storm Water Pond 1 18,858 I.A.2.k. Mass Excavation Cell 4A 18,968 I.A.2.1. Prepare Separate Bid Construction Documents for Cells 4A and 48 11,904 Amendment No. 3 Fee 49,730 Amendment No. 4 Authorized Services 11.6.3 Bid Phase Services Cell 4B 3,712 II.C.1.m Construction Phase — Cell 4A and Cell 4B 10,150 IIC.1.n Construction Phase — Surveying — Topographic & Documentation 4A & 4B 17,184 Amendment No. 4 Fee 31,046 Amendment No. 5 Authorized Services II.A Preliminary Design and Review 20,000 Amendment No. 5 Fee 20,000 -91- H:\ HOME\ KEVINS \GENLLANDFILL \ValenzuelaCeln \AEAmdSumExhB.doc Exhibit B Page 4 of 5 Amendment No. 6 Authorized Services II.C.1 4A Ongoing Construction Support Site Visits 7,680 4A Ongoing Construction Office Support 6,720 Amendment No. 6 Fee 14,400 Amendment No. 7 Authorized Services II.C.1 4B /Pond 1 Ongoing Construction Support Site Visits 16,320 4B /Pond 1 Ongoing Construction Support — Office and Project Management 14,280 4B /Pond 1 Ongoing Construction Support — Sub - consultant On Site Construction Observation 15,780 4B /Pond 1 — Expenses as set forth by Section III Fees. (Allowance) 5,250 II.D 4B /Pond 1 Post Construction Support 4,000 4B /Pond 1 Record Drawings 3,500 46 /Pond 1 Complete Confirmation and Documentation Surveys 8,184 Amendment No. 7 Fee 67,314 Amendment No. 8 Authorized Services II.C.1 Ballast Evaluation Survey for Sector 4A 6,660 Amendment No. 8 Fee 6,660 TOTAL 406,650.00 Amendment No. 9 Authorized Services Design Services II.B.1 Initial Design — Construction Document Phase 60% 51,000 11.6.2 Design — Construction Document Phase 100% 41,000 11.6.3 Bid Phase 5,000 Construction Phase Services II.C.1 Construction Phase 91,000 II.C.2 Record Drawings 7,000 Post Construction Services II.D Post Construction Phase Additional Services II.E.1 Groundwater Management Design and Analysis 64,000 II.E.2 Topographic Surveying, Mapping, Field Investigations etc. 69,000 Expense Allowance Reimbursement for Out of Town Travel, Per Diem Expenses 16,000 Amendment No. 9 Fee 344,000 TOTAL $750,650 -92- Exhibit B Page 5 of 5 \Mproject \councilexhibits \exh5276. d 9 CEFE F. VALENZUELA MUNICIPAL LANDFILL PROJECT NO. 5276 SITE LOCATION MAP NOT TO SCNE CEFE F. VALENZUELA DISPOSAL CELL 1 0 a EXHIBIT "C„ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/02/2009 12 AGENDA MEMORANDUM City Council Action Date: June 16, 2009 SUBJECT: Bay Trail Phase 3 Project (Project No. 3229) AGENDA ITEM: a. Ordinance appropriating $977,480.00 of anticipated revenues from the Texas Department of Transportation in the No. 3280, Parks CIP Fund for the Bay Trail Phase 3 Project; Amending FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $977,480.00; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract for with H &G Contractors of Corpus Christi, Texas in the amount of $413,209.02 for the Bay Trail Phase 3 project. ISSUE: Council must appropriate the Texas Department of Transportation Grant prior to expenditure. Council must authorize all expenditures in excess of $50,000.00 to permit the City to proceed with construction contract. FUNDING: Funding is available from TXDOT Street proceeds upon appropriation. RECOMMENDATION: Staff recommends approval of the motion as presented. Sally Gavli Dir. of Par and Recreation 826 -3464 sallyg @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Budget Exhibit "D" TXDOT Funding Letter Exhibit "E" Location Map Pete Anaya, P.E. Dir. of Engineering Services 826 -3781 petean @cctexas.com H: WOMEVC EVINS\ GEMPARKS \BayTraiI31AwdConstrMemo.doc 97_ BACKGROUND INFORMATION SUBJECT: Bay Trails Phase 3 (Project No. 3229) PROJECT DESCRIPTION: The project consists of 4,517 cubic yards of roadway and channel excavation, 589 cubic yards of embankment, 978 square yards of flexible base, 978 square yards of geogrid, 951 square yards of hot mix asphalt pavement, 7,455 square yards of concrete sidewalk, 154 linear feet of 18" — 36" reinforced concrete pipe, 2,142 linear feet of wire fence and timber bridge rehabilitation, in accordance with the plans, specifications, and contract documents. BID INFORMATION: The project bid, contract, plans and specifications are structured in accordance with TXDOT requirements. The project was bid as a base bid with an alternate bid for 6 -inch reinforced concrete in lieu of HMAC — hot mix asphaltic concrete for the parking lot. The contract provides for the project to be completed in 160 working days after the notice to proceed. A total of four (4) proposals were received and opened on April 22, 2009, with base bid proposals ranging from $410,957.01 to $614,501.00 (see Exhibit B - Bid Tabulation). One Additive Alternate provided for the installation of a reinforced concrete parking lot in lieu of hot mix asphaltic pavement. The proposals for the award of the base bid and the Additive Alternate ranged from $413,209.00 to $592,524.20. H &G Contractors submitted the low bid for both the base bid and base bid with additive alternate. TXDOT review and approval to award the bid was required prior to proceeding with award. The engineer's estimate was $777,136.00. BID RECOMMENDATION: H &G Contractors is an established company whose principals and employees are experienced with street and utility projects of this nature, having successfully completed similar projects for the City of Corpus Christi and others. After reviewing the company's capabilities, the City's consultant (LVN Engineering) and City staff recommend that the contract be awarded as the base bid with the additive alternate to H &G Contractors in the total amount of $413,957.01. The Texas Department of Transportation requires their funding to be for the lower of the base bid or bid alternate and to be based solely on a cost savings. Therefore, the additional cost for the bid alternate in the amount of $2,252.01 for concrete in lieu of asphaltic paving for the parking lot is being funded by City Parks and Recreation CIP Funds. CONTRACT TERMS: The project is estimated to require 160 working days. It is anticipated notice to proceed will occur in July with project completion in January 2010. FUTURE COUNCIL ACTION: Motion(s) to approve any change orders requiring Council approval. FUNDING: Funding is available from a TXDOT proceeds. The required 20% local match is being provided through land acquisition and in kind services. —98— EXHIBIT "A" Page 1 of 1 PRIOR ACTIONS AND BACKGROUND PRIOR COUNCIL ACTION: May 3, 2001 — Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program Grant to construct Bay Trail, Phase 3 Project (Resolution No. 024439). December 17, 2002 — Ordinance Adopting the. FY 2002 — 2003 Capital Budget and Capital Improvement Planning Guide which included Bay Trail, Phase 3, as Park and Recreation Project No. 44 (Ordinance No. 025144). March 11, 2003 - Resolution authorizing the Acting City Manager, or his designee, to execute a Local Transportation Project Advanced Funding Agreement using an in -kind contribution (Real Property $400,000.00) as the local match for the Bay Trail, Phase 3 Project (Resolution No. 025227). August 26, 2003 — Resolution authorizing the City Manager, or his designee, to execute an Amendment to the Local Transportation Project Advanced Funding Agreement for the State to reimburse the City 100% of costs incurred for engineering services for the Bay Trail, Phase 3 Project (Resolution No. 025441). December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute a Joint Acquisition Agreement with the Coastal Bend Bays and Estuaries Program to purchase 77.707 acres from Carr Ranches, Limited, et al., in the acquisition amount of $485,300 with the Coastal Bend Bays and Estuaries Program providing $288,752, the City providing $114,302.50 (including $3,054.50 of closing costs), and the Carr Family donating $85,300 in land value (Motion 2004 -466). December 21, 2004 — Resolution authorizing the acquisition of 33.515 acres of land from the Carr Ranches, Limited, et al, in the amount of $208,000 utilizing funds from a Coastal Impact Assistance Program Grant through the Coastal Coordination Council (Resolution No. 026084). January 11, 2005 — Ordinance appropriating $316,400 (from a Local Transportation Project Advanced Funding Agreement grant from the Texas Department of Transportation) in the No. 1071 Community Enrichment Fund to provide funding for the Bay Trail, Phase 3 Project; by increasing appropriations by $316,400 (Ordinance No. 026096). May 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $130,000 for the Bay Trail, Phase 3 Project (Motion 2005 -158). PRIOR ADMINISTRATIVE ACTION: February 23, 2003 — Execution of a Local Transportation Project Agreement for Advanced Funding in the amount $ -0- for the Bay Trails 3, Hike and Bike Trail. February 13, 2007 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $0 for changing the limits of the Bay Trail, Phase 3 Project. In Process - Execution of Amendment No. 1 to a Contract For Professional Services with LNV Engineering in the amount of $35,490 Bid, Construction and Warranty Phase H: \HOME KEVINS \GEN\ PARKS\ BayTrail3WWDConstrPriorAction9ssExhA1 .doc EXHIBIT "A -1" Page 1 of 2 Services for the Bay Trail, Phase 3 Project. March 12, 2009 - Execution of Amendment No. 2 to a Local Transportation Project Agreement for Advanced Funding Amending Attachment C, Project Budget and Source of Funds in its entirety and requiring an additional $10,646.88 in local funding for the Bay Trails 3, Hike and Bike Trail. Mav 11, 2009 — Execution of land acquisition contract and closing with J. E. Rehler, et.ux. in the amount of $17,110 for Parcel 1 consisting of 0.307 acres. In Process - Execution of land acquisition contract to be closed week of June 15, 2009 with Christy Peterson and Patricial P. Nuss in the amount of $47,951.44 for Parcel 2 consisting of 1.517 acres. In Process - Execution of land acquisition contract to be closed week of June 15, 2009 with C.C.I.S.D. in the amount of $16,010.00 for Parcel 3 consisting of 0.462 acres. —100— EXHIBIT "A -1" Page 2 of 2 Wi #ij „Qyi 4 a PIN 0dj6 o 1 r8N O a. $ 16712.901 $ 10,013.00 ,Q8 N M p 8O w r M 8 N N 8 of N S8 S V s �i o M N pNS3 ASS 1� N N w N woes 8 O M x.88 .I r M 8 w N op8 W ri N O g of M 8 S8 gO r I MN 8 g N N 8 8 g g. N M N f8 1I N HAS �w NH $ 3.70 $ 17.00 $ 145.00 $ 1,700.00 d8 p; N 8 it of N 13 140.00 $ 10.30 8 M N S o M s - N 8 s N 8 F. M 8 S M eO N 88 88 325 00 8 g M 8 8 V w N N 2 a M mm F n 888$ N O N w N N N N N 14 $ 5,250.00 $ 15,892.50 $ 1,487.00 $ 5,379.00 0E12021 s 8 b M 8 r N 8 Yl 49 8 ♦ of 88888 r1 N w M N N N M Lan MN S M N 44 H M H 8 bf M H ry 0 N M f N G N n N 49 H N H N 4 N 2 N q S 1,000.001 1 56,096.80 S § N 8 8 c N N N O e M � N - 0 z F F '3 E N q R$ 8 8 g Y 0 g N N N N ' m N 8 S k 8 , b 0N & z est N N S 9,747.75 8 N g w H ° 5 M N 2 N M N N ^ $g N N N g8� N M i N $ $ S -- ° ri M M N N M of N $ M YI ° v ry o 49 N $ 0.95 3 2.05 a N h M M a N o8 o q !8 a.8 N wM :e-1 N w W ' n N 5 n n N N lg8 c! N C yg iFil �Fl 110 gig r DS 0 WW 8 iS a NN 8 18,088.00 $ 1,75522 $ 2,057.00 $ 7,969.50 88 N �- M �$ 8{ N N $ 8815.80 $ 12,088.08 yp8� N P c N [� N M 8 ' rs H eLZC2bL S 2 Y N 2 . 0) N tSSI YI r w 8 of N S 507.10 $ 13,225.00 88 P l0 N 1(m 8� 4 1� W M N N N N a. R8 i 4 9 8 S 4 9 6 1 6 9 N 8 d N S N N 888 M M GO M w N n N o n M 6 n N $ 1,520.24 °883 8 , ^ NN r a N 1: m N N o5 N 1 IPREPARINGRIGHTOFWAY 1 ib lit ill CELLULOSE FIBER MULCH SEED (PERMANENT) (RURAL SEED MCCIURE) (CLAY SOIL) CELLULOSE FIBER MULCH SEED (TEMPORARY) (WARM SEASON (NOSYSS 1000) (ALVLO&H11 1333S warm 2139143SOi11TQOI 3ff giciFg. $o. b E. 1- ALCOAT (AC- 5, AC - 10, _2) DENSE- GRADED HOT-MIX ASPHALT (OCIQA) (TYPE D, SAC B, PERFORMANCE- GRADED BINDER 64- 22) REINFORCED CONCRETE PIPE (CLASS 10)(18 INCHES) 1 i 6 ; g. giji g34 a § ass SAFETY END TREATMENT (TYPE II)(36 INCHESXREINFORCED CONCRETE PIPE)(8:1 SLOPE)(CROSS ORIENTATION z $� 13i U Z C E. § k g$ t _ 2 a 2 ; L h S 5 6 9 2 6 y 6 YI g g M il F r g ooW N c w H N N r r w pp g N pp 1 r N 0 4 Vl w I4 0 0° r ! ! .t 'a m W- N N N N —101— a 1 1 3 1 1 8 0- 3 $ P 0 0 0 6 9 0 0 0 0 0 0 0 0 0 0 0 0 • NO a I 750.00 $ 3,120.00 0« 88 N R 8 N M 8 g 0 $ 41.55 S 150.00 838 $ WOW 8 8 N 3 - N 8 ' N SST S 8 N ! N 8 N 88888 t8Og1 00000 IPN • �� 8 8 N $ N 8 N 88888 NNNNN 8 N 3 N 8 N 8 N 3 N 8 N 8 N 88888 NNNNN N y1 Ili N 8 m N 8 F N yS W N b8m C8 tag N N $ 150.00 $ 5.50 8 8 5!::::: 8 8 8 2 8 8 * N 88 p N N 5 235.00 S 110.00 S gQQ8 it N 0 8 O m N 8 O S 00000 BR X i. O S 6 986.20 $ 7,956.00 $ 827.75 g g N 15 205.00 I 8t„ 0 N C N N N $ 3,423.00 $ 1,374.40 C p f WO rer91£929 $ — 1 49 O 44 N g O ,'q' N $ 31.30 5 291.25 84 pr ON $ 493.10 $ 468.00 $ 2.15 m N e N g N N 8 N N cpy8g NNNN m r ggjjjj: 8 N Zi N 2 N 8 By NNNNN 448 8 8 N 8 8 N 8 $ 1,530.00 $ 565.01 S 4,381.88 �E 1,180.01 �8R $ N 8 vl $ 275.00 IINy9 FA $ 27.04 3 284.13 $ 274.59 $ 4.52 $ 1,125.00 $ 395.00 $ 1.80 eN 8 N N pN l0 N 8 !.!! N 1p p440�44 1 li TEMPORARY SEDIMENT CONTROL FENCE p. ��z �p a�����VUSf7 li ii d �[F^Ic�.'ws'}py�. Iy 1 I�``111` P P 1 m NN REFLECTORDFD PAVEMENT MARKINGS (TYPE t WHITE, 8 -INCH, SOLID, 90118L) IREPLECTORIZED PAVEMENT MARKINGS (TYPE 1, WHITE, 244NCH, SOLID, 90Nw.) 3 it I: ft 11111 p /g li 11 a A 0 l 1 GEOGRID REINFORCEMENT (TYPE 0 WHEEL STOPS SUW1108113214/1031Y3111 S0aV770813315 318VA041314 i a g h 5“ 56 6 h 5 5 5 ! a MIS a 3 3 °7 '4 n 7 8 q N :rom6 Err N N N ro 8 1. lV pmGl� NN8AI' �r1 ♦ R 3 N R O N ii m R R 3P7Z4 —102— 1 1 8 a 1 8 1 E 1 d d z m z z z pp i f L M1 x 1 g ii M 8 N f M M F 6 NN N pie q n N 1 �l �' %r dix xQ 6 M it g ■ ii 1A , 851 sY I REINFORCED CONCRETE PARKING LOT S 37.83 S 95.876.83 N 0 4 O f E z $ 410.957.01 GO d 0 m 4 —103— 1 1 1 C• 4 1 1 1 BAY TRAILS PHASE 3 Project No. 3229 Preliminary Project Budget June 16, 2009 FUNDS AVAILABLE: CITY FUNDS: Parks CIP Fund (TXDOT) $ 977,480.00 Parks CIP Fund $ 2,252.01 Community Enrichment CIP Fund $ 313,776.89 Total $1,293,508.90 FUNDS REQUIRED: Construction Contract $ 413,209.02 Project Contingency (10 %) $ 41,100.00 Testing Contract $ 10,849.00 AE Liaison (Interagency Coordination) $ 15,900.00 Engineering Design /Permit $ 165,490.00 Construction Phase Services $ 12,330.00 Survey (ROW & Land Acq.) (in A/E contract) $ -0- Land Acquisition $ 403,373.94 TXDOT Advanced Funding Agreements $ 10,646.88 Engineering Project Liaison (6.8 %) $ 28,000.00 Finance Reimbursements (3 %) $ 12,330.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 TOTAL $1,141,228.84 EXHIBIT "C" Page 1 of 1 H:\HOME \KEVINS \GEN\ PARKS \BayTrail3\AwdConstrBudgetExt ftdgc RECEIVED -,�- MEMORANDUM MAY 18 2009 ENGINEERING OPERATIONS TO: FROM: Thomas R. Bohuslav, P.E. Texas Department of Transportation John A. Barton, P.E. DATE: May 15, 2009 SUBJECT: Award of Local Let Project County: Nueces Control: 0916 -35 -112 Project: STP 2002 (210)TE Highway: Bay Trail Hike and Bike (Phase III) -s: i The above referenced project has been reviewed. The City of Corpus Christi p id tt�e Corpus Christi District recommend awarding the contract to H &G Contractors Inc. The amount of the bid was $410,957.01, which is 43.71% under the Engineer's total estimate of $730,161.00. The federal funds authorized for this project is $977,480.00. There was 1 (one) add alternate which was not accepted. Attached is the "State Letter of Authority for Locally Let Projects" indicating clearance for the following: • Environmental • Right -of -way • Utility adjustments • Re- location assistance • Encroachments We request your concurrence in the award of this project. If you have any questions, please do not hesitate to call Scott Nichols at (512) 416 -2491. APPROVED MAT gee"? —105— Exhibit D Page 1 of 1 \ Mproject \councilexhibits \exh3329. owg LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE PROJECT # 3329 EXHIBIT "E" BAY TRAIL PHASE 3 PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/16/2009 1■11, NIB MEP MO ••••• -106- Page 1 of 2 ORDINANCE APPROPRIATING $977,480.00 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 3280, PARKS CIP FUND FOR THE BAY TRAIL PHASE 3 PROJECT; CHANGING FY 2008 -2009 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $977,480.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $977,480.00 of anticipated revenues from the Texas Department of Transportation is appropriated in the No. 3280 Parks CIP Fund for the Bay Trail Phase 3 Project. SECTION 2. That the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 is changed to increase appropriations by $977,480.00 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of June, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: June 5—, 2009 ;.v Lisa Aguiv Assistant City Attomey For City Attorney H: \LEG- DIR \Lisa\2009 Ordinance \ORD- appropTXDOT.doc —107— Page 2 of 2 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, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG- DIR \Lisa\2009 Ordinance \ORD- appropTXDOT.doc —108— 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING TEXT AMENDMENT (City Council Action Date: June 16, 2009) Zoning Ordinance Text Amendment: Amending Sections 27B- 11(A)(11) and 27B- 12(B), Corpus Christi Zoning Ordinance, relating to the certification of landscape plans; providing for penalties; and providing for publication. Planning Commission's and Staffs Recommendation (April 29 2009): Section 27B -11.A (11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article must be made by a registered architect, registered landscape architect, er- certified Nursery Professional, or registered professional engineer - - _; and Section 27B -12 (B) The installation of landscape material, as shown on the approved landscape plan, shall -must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or registered professional engineer, .. - - - . • . , and chall must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. Requested Council Action: Approval of the Planning Commission's and Staff's recommendation. Staff Summary: Professional Standards for Submitting Landscape Plans: This zoning text amendment addresses two issues: to include professional registered engineers as a profession which is qualified to submit required landscape plans; and to address a request from the public to allow non - registered but "degreed" landscape architects to submit landscape plans. After much debate Planning Commission and staff are recommending the inclusion of the registered professional engineers to comply with state law. However, the Planning Commission and staff are not recommending the non- registered but degreed landscape architects to be included in the list of professionals to submit landscape plans. Planning Commission and staff based this recommendation on the following reasons: 1. While the Zoning Ordinance does require a high educational standard for submission of landscape plans with the requirement for a registered landscape architect, registered architect or registered professional engineer, the ordinance does provide the less difficult to obtain option as a certified nursery professional. An applicant for a Texas Certified Nursery Professional must meet an educational or work experience requirement, pay a fee and take an online exam in order to be certified. The certification is good for two years. 2. Each of the registrations and the Certified Nursery Professional require continuing education to remain current in the field. 3. Establishing a standard other than those recommended is likely to be complicated, costly and time consuming. 4. The request for allowing a non - registered "degreed landscape" architect appears to affect only one or two persons. 5. The direction of the construction industry / zoning requirements is to create higher but reasonable —1 1 1— standards. The original landscape ordinance language did allow a degreed landscape architect, but the language was removed in 1993, to establish a higher standard (registration or certification). Notification: While property owner notification does not apply to text amendments, staff has notified several design professionals that could be affected by the amendment. Staff considers this item to be non- controversial with almost no opposition from the public. A newspaper notice, published not less than fifteen days prior to the public hearing, is required. AN/ Juan Perales, P.E., Interim Assistant City Manager of Development Services Cell # 361.813.0338 Office if 361.826.3570 JohnnyP @cctexas.com FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance Senior Plannerril-f H \PLN.DIR\ SHARED \l. Planning CommissioM2009 CC\TexI Am end em ntss 61t~1009 Ten Amendment Landscape Professional Requirements Agenda Memo.doc DATE: April 24, 2009 TO: Planning Commission FROM: Juan Perales, Interim Assistant City Manager for Development Services Faryce Goode - Macon, Assistant Director of Development Services SUBJECT: Amendment to Article 27B Landscape Requirements in the Zoning Ordinance concerning the professional requirements for submittal of landscape plans. ISSUE Planning Commission has requested staff to revisit the original recommendation by Planning Commission and draft several alternatives with the objective to remove subjectivity from the text amendment. The focus has been to quantify "five years of successful experience" working under a registered Landscape Architect, registered Architect or registered professional engineer. The option to qualify with five years of successful experience submitting landscape plans to the City, only (without experience working under a registered design professional) has been removed. ALTERNATIVES Two alternatives are provided below and each includes a registered engineer per state law. Option 1: Adds a Registered Professional Engineer to the existing requirements Section 2711-11.A (11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article, must be made by a registered architect, registered landscape architect, or- certified Nursery Professional, or registered professional engineer certifying ; and Section 27B-12 (B) The installation of landscape material, as shown on the approved landscape plan, shall -must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or registered professional engineer, , and . hall must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. Option 2. Allows a non - registered Design Professional to submit landscape plans and defines standards for experience. Section 27B -5 Definitions. The following definitions shall apply only for the purposes of this Article. (AA) Design professional — a non - registered individual with a degree in landscape architecture and at least five years of successful experience working under the supervision of one or more registered landscape architects, registered architect or registered professional engineer. Documentation of successful experience working under a registered professional shall be provided to Development Services in the following form: —113— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 2 1. A letter or letters of recommendation certifying the competency of the design professional to design landscape plans shall be signed, sealed and notarized. The letter or letters from each supervising landscape architect, architect or professional engineer must include the period of employment (Month/Year to Month/Year and total hours) and an affirmative statement indicating that the designer is competent to design and submit landscape plans. 2. Timesheet documentation containing not less than 10,400 hours of work (5 years FTE), within a six year period to account for employee leave time. 3. Multiple sealed letters with attachments maybe included where the design professional has worked for more than one registered landscape architect. 4. Work performed must be continuous or with work gaps of no more than 45 working days (360 hours). Section 2713-11. Submittal Procedures. A. (11) The certification on the landscape plan that the landscape construction documents satisfies the requirements of this article, shall be made by a; registered architect, registered landscape architect, of a certified nursery professional, registered professional engineer, or design professional. , certifying that the plans satisfy the requirements of this Article. Section 2713-12 Maintenance and Inspection (B) The installation of landscape material, as shown on the approved landscape plan, shall be certified by the property owner's architect, landscape architect a Bier— ,certified nursery professional, registered professional engineer, or design professional and shall be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy. STAFF RECOMMENDATION Staff recommends option one, which maintains the current requirement for registration or certification and only adds a registered professional engineer. Staff is of the opinion that the direction of regulation both nationally and locally is to strive for higher standards of development with reasonable requirements. Moving the City forward with this goal in mind, the City Council in 1993 adopted a comprehensive amendment to the Landscape Requirements (see Attachment 1) which removed the option to submit landscape plans by a degreed, but not registered, landscape architect. After 1993 only a registered landscape architect, registered architect or certified nurseryman could submit landscape plans. This higher standard requires continuing education, testing for competency and helps to assure that the requirements for landscaping approved by the City Council will be implemented. BACKGROUND INFORMATION Planning Commission Review: Public Hearings: Discussion Item: —114— December 10, 2008 January 21, 2009 February 4, 2009 April 1, 2009 Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 3 Historical Background: In April 2008, the City Council approved a comprehensive amendment to the Zoning Ordinance, Article 27B Landscape Requirements. As part of the review and rewrite process, staff discovered that provision concerning the professional requirements for submittal of landscape plans were not being consistently followed. Article 27B. Section 11. Submital Procedure A. (11) states: The certification on the landscape plan by a registered architect, landscape architect, or certified Nursery Professional, certjing that the plans satisfy the requirements of this Article The above section had been enforce since 1993 and was not changed in 2008. After City Council approved the rewrite of Article 27B staff began consistently requiring that landscape plans be submitted by a register architect, landscape architect or certified Nursery Professional. Since April 2008, enforcement of this provision has been questioned by several non - registered or certified designers. Some have maintained that those with landscape experience and those that hold a degree in landscape architecture should be able to satisfy ordinance requirements. Others have maintained that professional registration should be required. While staff does not agree that the ordinance should be changed, staff has presented a possible amendment for consideration by Planning Commission and City Council to address the concerns of the nonregistered professionals who have a degree in Landscape Architecture. Staff is of the opinion that the current language is necessary to assure professional standards for landscaping plans. Staff is also of the opinion that the standard is not overly onerous considering that the requirement includes an option for a certified nursery professional. Texas Certified Nursery Professional (TCNP): The TCNP certification is offered by the Texas Nursery and Landscape Association and is a way for non - architects to qualify for submission of landscape plans. Eligibility requirements include four options ranging from a bachelor's degree to 300 hours of classroom instruction in high school and 1,000 hours of work experience. Testing is conducted exclusively on -line with a nominal fee of $75 for members and $150 for non - members. Once the testing fee is paid, applicants have 90 days to take all four section of the test: culture; merchandising; landscape design; and plant Id. The TCNP certification is valid for a 2 -year period. TCNPs are required to earn 20 Continuing Education Units per year to maintain certification during the two year period. Registered Engineer: The Legal Department has requested that the amendment include registered Engineers since the Legal Department's interpretation of State Law precludes the City from not including registered professional engineers from the list of professionals qualified to submit landscape plans. When is a Landscape Plan Complex Enough to Warrant a Requirement for a Registered Architect, Landscape Architect or Certified Nursery Professional? The application of the City's landscaping requirements in many cases is simple. However, in some cases the plans for landscaping are more complex and warrant the expertise of a registered or certified professional. Some of the more complex landscaping plans involve the following: • Frequently, the location of the city's utility infrastructure is in direct conflict with landscape requirements. This occurs anytime the required screening next to a street occurs over a city utility easement. Choosing plants with root systems that are not going to invade water and wastewater lines is a key. Trees placed too close to overhead utilities are just as important. Appropriate plant selection and placement -115- Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 4 takes a through understand of horticulture and site design, i.e. will the plant interfere with structures and site amenities when mature, will site drainage cause over watering, will there be sufficient sun or too much sun, etc. • When landscaping is too close to building structures, understanding what plants can be placed where is important. Will the plant harm the building foundation or will the plant survive under a roof overhang where rain water is likely to collect. • One of the staff issues in working with non - registered or certified designer has been a delay of projects because there are numerous errors in the landscape plan submission process. These errors range from a lack of design skill, submission of non - scalable site plans, to a near complete lack of knowledge with regard to appropriate plant selection and placement. Staff is relying on professional submittals in order to expediently review and approve landscaping plan designs. • Architects and Landscape Architects are prohibited by state law from installing landscapes that they have designed. This restriction is specifically designed to prevent a conflict of interest from occurring between the choice of landscape materials to increase profit and choice of plant materials based on sound landscaping practice. Relationship to Smart Growth Principles Landscaping in the city relates to smart growth principles by: • Creating walkable communities. Landscaping helps to improve the streetscape and helps to define the pedestrian space and a vehicular space by creating a buffer between the two areas. • Foster distinctive, attractive communities with a strong sense of place. Landscaping softens urban hardscape areas such as a street, a parking lot or buildings. The higher the density or intensity of development, the more landscaping that is needed to off -set the impact of development. Smart Growth Principles 1. Mix land uses. 2. Take advantage of compact building design. 3. Create a range of housing opportunities and choices. 4. Create walkable neighborhoods. 5. Foster distinctive, attractive communities with a strong sense of place. 6. Preserve open space, farmland, natural beauty, and critical environmental areas. 7. Strengthen and direct development toward existing communities. 8. Provide a variety of transportation choices. 9. Make development decisions predictable, fair and cost effective. 10. Encourage community and stakeholder collaboration in development decisions. —1 1 6— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 5 Consistency with the Comprehensive Plan Corpus Christi Policy Statements: Commercial uses adjacent to existing or proposed residential areas should be buffered or use sensitive in design. "...care must be taken in design of commercial property to make the use compatible with adjacent Residential development... In order to protect residential areas, open space, screening fences, and landscaping should be. required ... to make the uses compatible." "Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas." Other Cities: Staff has reviewed the requirements from several other Texas cities as follows: Arlington, Texas - requires a Landscape Architect to seal landscape plans submitted with a building permit. Austin, Texas - Landscape plans for sites greater than one acre are required to have the seal and certification of a registered professional landscape architect. Landscape plans for sites greater than 1/2 acre, but Tess than an acre, are required to have the seal and certification of a landscape architect, architect, or professional engineer. Certification is required for plans less than '/ acre. San Antonio, Texas - only a certified irrigator can submit a landscape plan. College Station, Texas - there is no professional requirement. Essentially, the professional requirements for submission of landscape plans range from requiring a registered landscape architect to no requirement for submission of landscape plans. —117— Zoning Text Amendment Report Professional Requirements for Submittal of Landscape Plans Page 6 Attachments 1. Excerpt from Ordinance 021767, 1993 ATTACHMENT 1: EXCERPT FROM ORDINANCE 021767, 1993 AN ORDINANCE AMENDING THE ZONING ORDINANCE, BY LANDSCAPE REQUIREMENTS, BY DELETIN ENTIRETY AND SUBSTITUTING THEREFORE PROVIDING FOR LANDSCAPING TO COMPLY WI1H J REGULATIONS; REPLACING PARKING AREA WITH YE USE AREA FOR CERTAIN LANDSCAPE REQUIREMENTS; SPECIFYING FRONTAGES FOR REDUCED LANDSCAPE REQUIREMENTS FOR MULTIPLE STREET FRONTAGES; MODIFYING LANDSCAPE REQUIREMENTS FOR PUBLIC AND QUASI.PUBLIC USES; SPECIFYING MAXIMUM POINT CREDIT FOR EXISTING AND NEW PLANT MATERIAL; SPECIFYING NO POINT CREDIT FORTURFGRASS; REQUIRING AUTHORIZATION IN WRITING FOR LANDSCAPING WITHIN STRXET RIGHTS-OF-WAY; DELETING REQUIRED UPDATE OF LANDSCAPE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. 0 q 76'lar MI AMEND 3AD) AR7>�� v a A • �2rL�• BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the Zoning Ordinance of the City of Corpus Christi is hereby amended by amending Artiele 278 - Landscape Requirements, by deleting said attide in its entirety and substituting therefore a new Article 27B - Landscape Requirements to read as follows: ARTICLE 27B. LANDSCAPE REQUIREMENTS (11) The certification on the landscape phut by a� architect resiete� Or &agreed IR�cape architect, g certified nurseryman, �dlding designer certifying that the plans satisfy the regnirejnents of this Article. -118- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 29, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame * ABSENT John Taylor * ABSENT STAFF: Juan Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:38 p.m. by Chairman Garza. B. ARTICLE 27B LANDSCAPE REQUIREMENTS — PROFESSIONAL REQUIREMENTS FOR SUBMITTAL F LANDSCAPE PLANS Robert Payne, Development Services presented the above text amendment. Mr. Payne stated on April 1, 2009 Planning Commissioners and staff had a discussion concerning Article 27B Landscape Requirements, specifically who could submit landscape plans to Development Services. Mr. Payne stated the concern was the language "successful experience" recommended by the Planning Commission which was to include those who were not registered. Mr. Payne stated the concern was how to define "successful experience ". Mr. Payne stated Sean Christopher with Seascapes along with several other landscape professionals were notified concerning today's meeting and the appropriate ads were placed in the paper. Mr. Payne presented two options: option one includes wording stated that a landscape plan must be submitted by a registered architect, registered landscape architect, certified nursery professional or registered professional engineer. Mr. Payne stated by State law registered professional engineer could not be excluded and so the professional engineer was added. The first option is staffs recommendation. Mr. Payne stated option two includes an additional definition of who may submit landscape plans that includes design professional defined as a non - registered individual with a degree in landscape architecture and at least five (5) years successful experience working under the supervision of one of more registered architects, registered landscape architect or registered landscape engineer. Mr. Payne also stated documented successful experience working under a registered professional shall also be provided to Development Services in the following form: (1) a letter(s) of recommendation certifying the competency of design professional to design landscape plans shall be signed and sealed and notarized. Letter(s) from each supervising architect, landscape architect or professional engineer must include period of employment and- an/Illative statement stating the designer is Planning Commission Minutes April 29, 2009 Page 2 competent to design and submit landscape plans, (2) timesheet documentation of 5 years of work, totaling 10, 400 hours accomplished within a six (6) year period, (3) multiple sealed letters may be included where the design professional has worked for more than one landscape architect, architect or professional engineer, (4) work must be continuous or with breaks of no more than forty-five (45) working days. Mr. Payne reiterated staff recommends options one (1) and also added that although three categories of professionals obviously take a number of years, the certified nursery professional is much less difficult, requires ongoing education, can be obtained online with the State of Texas, they are currently 15 in the city, pay a fee, take a test and provides an,option for a professional who has not graduated from college. In response to Commissioner Skrobarczyk, Mr. Payne stated the Planning Commission had previously voted on a text amendment, the text amendment did not go to City Council due the term "successful" being undefined within the amendment. In response to Commissioner Skrobarczyk, Faryce Goode - Macon, Development Services stated staff placed this item on the agenda to discuss defining the term successful and in addition again presented staffs original recommendation. In response to Commissioner Skrobarczyk, Faryce Goode -Macon stated the 45 days would affect the overall timeline but will not affect anyone if the Planning Commission votes for option one. Commissioner Nadkarni stated concern with the 45 day gap based on the legal basis and used female professional who is on maternity leave as an example. Commissioner Nadkarni stated the 45 days allotted are not sufficient. In response to Commissioner Skrobarczyk, Faryce Goode -Macon stated Mr. Christopher is currently required to have his landscape plans submitted stamped by an architect, landscape architect or professional engineer. In response to Faryce Goode - Macon, Commissioner Nadkarni stated he would prefer to see a time frame of nine (9) years. Public hearing was opened. No one carne forward in favor or opposition. Public hearing was closed. Motion was made to approve option one (1) by Commissioner Martinez and seconded by both Commissioners Nadkarni and Kelly. Commissioner Tamez expressed concern that Mr. Christopher was unable to attend the meeting and there was no public interaction considering in the past public interaction has had an impact on the Planning Commission's decision making process. Commissioner Tamez motioned to table to text amendment to the next Planning Commission Meeting. H:\PLN- DIRISHARED \l. PLANNING COMMISSIOM2009 OWE'091ZONING ORDINANCE TEXT AMENDMENT 4- 29- 09.DOC Planning Commission Minutes April 29, 2009 Page 3 In response to Commissioner Tamez, Commissioner Nadkarni questioned the outcome if again there was no public interaction at the tabled meeting. In response to Commissioner Tamez, Faryce Goode -Macon stated Mr. Christopher was in fact contacted and an ad was placed in the newspaper. Mr. Payne also stated emails were exchanged to inform Mr. Christopher. Mr. Payne also stated there the public has the opportunity to voice their opinion at the City Council hearing. Commissioner Skrobarczyk stated Mr. Christopher had an important sporting event that prevented him from attending the meeting. Vice -Chair Huerta, stated the existing ordinance stands which includes a certified nurseryman and reminded the Planning Commissioner that Sean Christopher still has the opportunity to take the state exam. Chairman Garza also reiterated Mr. Christopher could of sent a representative if he was unable to attend the meeting and voice his opinion at the public hearing. A question was called by Chairman Garza and roll call was taken on the motion to approve option one (1): Commissioner Nadkarni: Yes, Commissioner Kelly : Yes, Commissioner Tamez: Yes, Commissioner Martinez : Yes, Commissioner Skrobarczyk: No, Vice -Chair Huerta: Yes, Chairman Garza: Yes. Motion passed with six (6) commissioners in favor and one (1) opposed and Commissioners Adame and Taylor being absent. H:\PLN- DIRISHARED \l. PLANNING COMMISSION \2009 CCVLDK 09\ZOMNG ORDINANCE TEXT AMENDMENT 4- 29- 09.DOC MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, April 1, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *James Skrobarczyk — ABSENT* John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, PE, Interim Assistant City Manager Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Annissa Lambirth - Garrett, CPM, MPA, City Planner Jay Reining, First Assistant City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habr&a un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:34 p.m. by Chairman Garza. IV. DISCUSSION ITEM A. ARTICLE 27B LANDSCAPE REQUIREMENTS — PROFESSIONAL REQUIREMENTS FOR SUBMITTAL OF LANDSCAPE PLANS Mr. Payne stated Planning Commission is being requested to review the word "successful" before going to City Council. Mr. Payne reviewed the current Planning Commission recommendation which requires submittal of landscape plans be sealed by a registered architect, landscape architect or certified nursery professional. Staff states registered engineer needs to be added because state law prevents exclusion of that group. Staff states a complaint has been made regarding a degreed landscape architect who is not registered or has not gone through Texas certified nursery professional online program being unable submit. Staff is in approval of plans submitted by those who are registered professionals who must keep up with information in the field and approves of the professional requirements to submit plans. Mr. Payne stated that Planning Commission, however, added "or appropriate design professional" which has been discussed and with the Legal Department's assistance the following definition has evolved: individual either a degreed landscape architect with five years successful experience working under the supervision of a registered landscape architect or a degreed landscape architect with a minimum of five years successful experience submitted landscaping plans to the city. Mr. Payne stated the issue at hand is the word "successful" and its definition which puts Development Services Department in the business of determining criteria for success. Mrs. Goode -Macon stated the purpose in placing the item back on the agenda as a discussion item is due to current wording of Planning Commission's recommendation of the text amendment which includes the addition of the term "successful ". Mrs. Goode -Macon stated this implies Development Services will certify who can submit plans and Development Services is not charged with such task. Mrs. Goode -Macon stated staff is looking for direction with the text amendment. She stated as a question to the commissioners the following: whether the item should be placed back on the agenda for reconsideration, is there another type of recommendation or direction to what criteria qualifies somedr$2e-submit landscape plans. Planning Commission Minutes April 1, 2009 Page 2 In response to Chairman Garza, Mrs. Goode -Macon stated this item has not gone to City Council. In response to Commissioner Tamez, Mrs. Goode -Macon stated this item could not be scheduled to go before City Council due to the above stated concerns. Vice -Chair Huerta commented this matter had been voted on previously and his concern remains the fact that Planning Commission's previous text amendment recommendation was in essence asking the City to become a licensing agent or regulating agency when there is a state agency that regulates the practice of these professionals. He stated the city is being put in a compromising situation requiring staff to track and define items such as experience. He also stated different state agencies require extensive process to regulate various professions. Vice -Chair Huerta reiterated that in his opinion the Planning Commission should not place the City in such a position. Commissioner Martinez stated he understands where the problem and/or complaint has been made where individuals who have previously submitted landscaping plans are currently being told they can no longer do so. Commissioner Martinez suggested definition of successful could possibly be grandfathered. In response to Commissioner Martinez, Jay Reining, Legal Department, stated to date all plans have been submitted by a registered architect, registered landscape architect or certified nurseryman. Mr. Reining also stated that to do date there is no history of plans submitted by anyone other than those meeting the requirements. Mr. Sean Christopher, Owner of Seascapes, graduate of Landscape Architecture from Texas Tech in 1984, interrupted Mr. Reining stated the above statement was not true. In response to Mr. Christopher, Mr. Reining stated certain individuals may have been submitting plans but they have been stamped by someone who meets the requirements. Mr. Payne stated that in his conversations with and according to Mr. Christopher, Mr. Christopher has submitted plans without such requirements being met and without being stamped by someone who meets the above stated requirements. Mrs. Goode -Macon stated staff is unaware of how the above statement occurred in regards to submittal of plans by Mr. Christopher. Mr. Christopher stated he has been submitting plans with the City since 1988 which is over twenty (20) years. Mr. Christopher stated his submittals are intermittent and sometimes sporadic. Mr. Christopher stated two weeks prior was the first time he had a plan rejected. Mr. Christopher stated that 2008 was the first time he was made aware that a graduate of landscape architecture could not submit plans due to Article 27B. Mr. Christopher stated the original ordinance allowed for graduates of landscape architecture to submit landscape plans and has issue with the following persons being allowed to submit plans: architects, engineers, certified nurseryman. Mr. Christopher stated that he could indeed go and take the exam for certified nurseryman. Mr. Christopher stated after finding out from Mic Raasch, Development Services, he would no longer be allowed to submit plans, he in turn immediately spoke with former Assistant City Manager for Development Services, Robert Nix. According to Mr. Christopher, he was assured by Mr. Nix the situation was a mistake and would be remedied. Mr. Christopher stated the situation has yet to be resolved and takes issue H'\PLN- DIR\SHARED \I. PLANNING COMMISSION12009 CC APRIL '09 \TEXT AMENDMENT ARTICLE 27B 4- 1- 09.DOC —123— Planning Commission Minutes April 1, 2009 Page 3 with the fact the original conceivers of the ordinance allowed for a degreed landscape architect to submit plans and now the city wishes to change the ordinance. Mr. Christopher stated the changes took effect in 1993 but the fact the changes were not enforced until 2008 illustrates the lack of regulatory enforcement on the part of Development Services. Mr. Christopher stated in his opinion there will be no law suits regarding landscaping. In response to Chairman Garza, Mr. Reining stated the problem with the current recommendation from the Planning Commission regarding the landscape text is such that is creates a licensing scheme which requires a whole new set of rules, including affording people due process before determining whether they are qualified under the ordinance and becomes a very elaborate system. Mr. Reining stated this would include the need for public hearings. Mr. Reining stated currently the city has one licensing scheme which is for electricians and this program is being eliminated since the state can license electricians. In response to Chairman Garza, Mr. Reining stated the only licensing scheme the City currently has is with electricians and they are in the process of eliminating that process and allowing the state which already has a licensing scheme to regulate electricians. Mr. Christopher stated it was his belief that the only reason the word "successful" was placed in the proposed landscape text amendment was for his benefit as this would allow him to continue to submit plans. Mrs. Goode -Macon stated with current proposed text amendment a definition of successful has to have the ability to be qualified and in tum the process for doing so would need to be created. In response to Mr. Christopher, Mr. Raasch stated that Mr. Christopher was the only non- certified graduate of landscape architecture who was submitting plans to the City prior to 2008. Mr. Perales, Development Services, stated the problem with the current proposed text amendment is the definition is subjective in nature. Mr. Perales recommended the Planning Commission use the following language: "at least five years experience working under the supervision of a registered landscape architect." In response to Mr. Perales, Commissioner Nadkarni stated concerns with statements made by Mr. Christopher regarding engineers or architects and reiterated that both professions are regulated. Commissioner Nadkarni stated he takes objection to the statement made by Mr. Christopher. In response to Commissioner Nadkarni, Mr. Christopher stated he apologized and it was not his intent to offend the commission. Vice -Chair Huerta stated there would be difficulties qualifying the experience that proposed text is stating. Mr. Huerta stated this places the burden on the individual who is acknowledging or qualifying that the individual has five years of experience. Mr. Huerta stated rather it would be preferable to simply add degreed landscape architect to those that can submit landscape plans. In response to Mr. Christopher, Vice -Chair Huerta is doubtful that submitting plans is the means for his survival and instead his means for survival is primarily installation. Vice -Chair Huerta stated he did not believe Mr. Christopher would be excluded from the practice. Mr. Huerta also suggested that if Mr. Christopher submits the plans that he should in turn abstain from the H:\PLN- DIR\SHARED \I. PLANNING COMMISSI124ON\ 20 \A 09 CCPRIL'09 \TEXT AMENDMENT ARTICLE 27B 4- I- 09.DOC Planning Commission Minutes April 1, 2009 Page 4 installation of the material similarly to an engineer and architect and not doing so could constitute a conflict of interest. Mr. Huerta also reiterated that Mr. Christopher can go and take the examination and does not understand why Mr. Christopher continues to reject that option. Mr. Huerta stated again that if the Planning Commission wished to find a way to include Mr. Christopher to simply add the degreed landscape architect to those allowed to submit plans. Mrs. Goode -Macon stated today's discussion is simply for the Planning Commission to provide direction as to add criteria or not to add criteria for staff to provide a recommendation. Commissioner Taylor stated enforcing Planning Commission's suggested text would be difficult. Commissioner Taylor stated going back to basic wording such as "certification and or licensed design professional." Commissioner Taylor stated to Mr. Christopher that for a nominal fee of $75 Mr. Christopher could take the examination. In response to Commissioner Taylor, Mr. Christopher agreed that he could indeed simply take the examination and keep up with continuing education to keep his certification current. In response to Mr. Raasch, Mr. Christopher took argument to the statement that there are currently fifteen (15) certified landscape nurserymen. Mr. Christopher stated landscape design was not rocket science and was still confused as to why these regulations and qualifications were attempting to be implemented. In response to Mr. Christopher, Commissioner Taylor stated intent is based on accountability. In response to Commissioner Taylor, Mr. Christopher questioned why accountability is an issue. Mr. Christopher questioned whether there has ever been a situation where the City has been sued over landscaping issues. Mr. Christopher also stated the reason he has not or does not want to take the certified nursery examination is because he does not want to pay the dues to an organization or process that he not wish to partake in. In response to Mr. Christopher, Commissioner Taylor stated the C ity cannot be burdened with being the Texas Department of Licensing and Regulation for landscape professionals. In response to Commissioner Taylor, Mr. Christopher questioned why the ordinance was changed to not include degreed landscape architects. In response to Commissioner Taylor, Mr. Christopher stated that you can in fact practice landscape architecture without being licensed but the landscape architect cannot call himself a registered landscape architect. Mr. Christopher also stated he has never had a complaint with the Better Business Bureau. Mr. Christopher also stated he appreciated the Planning Commission's time and attention. Mr. Christopher also stated that he did not understand why this issue was back before the commission when the commission had already voted to approve the text amendment and send to the city council with the exclusion of Vice -Chair Huerta who voted against approving the text amendment. Commissioner Nadkarni stated that previously engineers used to get their licensing based on experience, but that laws change and rules change. Commissioner Nadkami stated currently an engineer cannot practice in the state of Texas without taking the exam and getting his license. He H:\PLN- DIR\SHARED \l. PLANNING COMMISSION\ 2009 CC'APRIL '09 \TEXT AMENDMENT ARTICLE 27B 4- 1- 09.DOC -125- Planning Commission Minutes April 1, 2009 Page 5 stated a person who chooses to not go out and obtain licensing is at fault, not the state of Texas. Commissioner Nadkarni also stated that he was not present for the previous vote and the city should not be in the business of licensing. Public hearing closed. In response to Vice -Chair Huerta, Mrs. Goode -Macon stated the item was requested to be brought back to Planning Commission by those at the City Manager's level. Mrs. Goode -Macon stated there is a review committee who reviews all ordinances and proposals before they go before to council and the terminology "successful" came into question. Mrs. Goode -Macon stated staff could not define "successful" based on Planning Commission's recommendation. Commissioner Nadkarni, questioned again how "successful" would be qualified and quantified and suggested a letter of recommendation for five years of experience from a potential applicant. Commissioner Nadkarni stated that doing so could eliminate the subjectivity. In response to Commissioner Nadkarni, Mr. Reining brought to point wording needed to be more precise. In response to Mr. Reining, Commissioner Nadkarni suggested wording the text including the use of reference letters. In response to Commissioner Nadkarni, Vice -Chair Huerta questioned how to quantify the experience. Mr. Reining stated through previous experience in quantifying mariner's experience for example, a year of experience translated to three hundred and sixty five (365) days of documented experience with signs on and sign offs for those days. Commissioner Taylor reiterated Development Services has enough to do and there is already a regulatory agency in place to regulate those in the landscaping profession. Commissioner Taylor is in favor of the original language which included certified nurseryman. Commissioner Taylor also stated the documenting of days, months and years of experience would be tedious and time - consuming. Commissioner Kelly stated she would voice her opinion when this item is placed on the agenda in the future. H:\PLN- DIRI.SHARED \I. PLANNING COMMISN009 CC\ APRIL '09 \TEXT AMENDMENT ARTICLE 27B 4- I- 09.DOC MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, February 4, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame Absent: Govind Nadkarni STAFF: Johnny Perales, PE, Interim Assistant City Manager of Development Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Bob Payne, AICP, Senior City Planner Andrew Dimas, Planning Technician Yvonne Haag- Director of Neighborhood Services Yvette Aguilar, Attorney I Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta pars ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order 5:34 p.m. by Chairman Garza. D. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES — TABLED FROM JANUARY 21, 2009 Mr. Payne presented a proposed text amendment to the above stated ordinance. Mr. Payne stated landscape plans must be submitted by a registered architect, landscape architect, or certified Nursery Professional, certifying that the plans satisfy the landscape requirements in the zoning ordinance. Staff provided two alternative recommendations. The first was no change to the existing language. The second proposed amendment has revisions that would allow submittal of landscape plans by a noncertified and nonregistered designer with a landscape architecture degree, and experience under the supervision of a registered architect or experience in submitting plans to the city. Staff recommendation is to leave language as it currently is written. Planning Commission recommendation is to adopt the new language without subsection 27B -11.B which would require that a registered landscape architect or registered engineer to seal all landscape plans. This is the section that pertains to easements and acre limits. Public hearing was opened. On behalf of Mr. Sean Christopher, owner of Seascapes and a degreed landscape designer, Mr. Arnold Gonzalez, Jr., Legal representative for Mr. Christopher, came forward. Mr. Gonzalez stated opposition to the proposed text amendment based on Mr. Christopher's experience. Mr. Gonzalez urged the commission to change the amendment to the second alternative. Vice -Chair Huerta expressed opposition to the proposed change. Vice -Chair Huerta stated that every profession has a- rialAl ing body and the City should not be Planning Commission Meeting February 4, 2009 Page 2 responsible for proofing landscape plans. Vice -Chair Huerta cited increased responsibility for landscape planning and insurance liabilities as reasons to require that all landscape plans be submitted by a registered architect, landscape architect or certified Nursery Professional. Vice -Chair Huerta also stated changing the ordinance places burden on staff and that Mr. Christopher has the ability to taken the certification examination. Motion to approve the proposed revision was made by Commissioner Tamez. Commissioner Tamez then requested his motion be amended to approve the proposed revision but excluding 27A, 11b. Motion was seconded by Commissioner Skrobarczyk. Roll call was taken. Motion passed with Commissioners Adame, Kelly, Tamez, Martinez, Skrobarczyk and Chairman Garza in favor, Vice -Chair Huerta opposed and Commissioner Nadkarni being absent. H:1PLN- DIRISHAREDI1. PLANNING COMMISSION \ 2009 CS1Fig'091ZONJNG ORDINANCE TEXT AMENDMENT 2-4- 09.DOC MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday January 21, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Govind Nadkarni Johnny R. Martinez Evon J. Kelly Mark Adame ABSENCES: None I. CALL TO ORDER Garza. STAFF: Johnny Perales, Interim Assistant City Manager of Development Services/ Special Services Miguel Saldafia, AICP, Special Services Bob Payne, AICP, Senior City Planner Dan McGinn, Project Manager Annissa Garrett, City Planner Andrew Dimas, Planning Technician Yvette Aguilar, Assistant City Attorney Debra Brown, Assistant City Attorney Elena Juarez, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman C. ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES (Continuation) Mr. Bob Payne presented information regarding text amendment and would allow submittal of landscape plans by a non - certified and non - registered designer with a landscape architect degree and, experience under the supervision of a registered architect or experience submitting plans to the city. The proposed amendment also contains a change to allow a registered engineer to submit landscape plans consistent with state law and specific criteria for sites and landscaping situations where landscape plans must be sealed by either a registered landscape architect or a registered engineer. Commissioner Skrobarczyk stated concerns as to whether those involved in the changes were present at the meeting. Public hearing was opened. No one came forward in favor or in opposition Public hearing closed. Motion to table proposed text amendment to February 4, 2009 was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Vice -Chair Huerta, Commissioner Martinez and Commissioner Nadkarni being absent for the vote. -129- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday December 10, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Evon J. Kelly-1 Govind Nadkami James Skrobarczyk David Loeb John C. Tamez ABSENCES: Johnny R. Martinez I. Garza. D. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldafia, Special Services Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:35 p.m. by Chairman ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE 27B LANDSCAPE REQUIREMENTS, SECTION 11 SUBMITTAL PROCEDURES Bob Payne presented the following text amendment for presentation and approval to the Planning Commission. On April 22, 2008 City Council approved a revision to Article 27B which slightly changed the requirement as to who can stamp an acceptable landscape plan. There have been some concerns expressed by individuals who had previously submitted site plans but, due to the amendment and staff enforcement of the code, can no longer submit site plans. This new amendment is intended to allow designers who had previously been able to submit site plans to continue to do so. A. (11) The certificate on the landscape plan, that the landscape plan satisfies the requirements of this article. by a registered architect, landscape architect, certified Nursery Professional, or an experienced landscape design professional meeting a minimum Development Service Department criteria that includes a minimum of 10.400 hours or five Nears of successful experience designing landscape plans under the supervision of a registered architect, landscape architect or Certified Nursery Professional. Public hearing was opened. -130- Planning Commission Minutes December 10, 2008 Page 2 Shawn Christopher, 1130 Graham, Corpus Christi, Texas stated he had worked under a landscape architect for five years and then started his own business. I have a degree as a landscape architect and recently attempted to turn in a plan at the City, and was told I was unable to do so. Mr. Christopher stated that he would like to have some consideration shown to allow a person with a degree in landscape architecture to submit landscape plans. Commissioner Loeb stated the intent was not to say that you have to be certified in landscape architecture but to prevent individuals who had no training or experience in doing any type of landscaping to bring in plans for comments and making staff ultimately design the project for them. Robert Gignac, 206 Sandpiper, Corpus Christi, Texas stated there is still some work that needs to be done on the proposed amendment. His main concern was regarding the criteria required to draw plans i.e., a minimum of 10,400 hours or five years of successful experience designing landscape plans under the supervision of a registered architect, landscape architect or Certified Nursery Professional. Mr. Gignac stated he has had individuals who worked for six years, were not landscape architects, who would fit the criteria yet is not qualified to draw plans. He doesn't have the background in horticulture, etc. Mr. Gignac stated I think the easiest solution would be to require Certified Nursery Professional to state test and require ten hours of continuous education every year. The term "landscape designer" should also be deleted. Also, proving the liability of who meets the criteria is difficult. Mr. Gignac suggested looking at some alternate language before approving it. Public hearing was closed. Motion to table the amendment to the January 7, 2009 Planning Commission meeting was made by Commissioner Loeb and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Martinez being absent. —131— Page 1 of 3 AN ORDINANCE AMENDING SECTIONS 27B- 11(A)(11) AND 27B- 12(B), CORPUS CHRISTI ZONING ORDINANCE, RELATING TO THE CERTIFICATION OF LANDSCAPE PLANS ; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesdays, December 10, 2008, January 21, 2009 and February 4, 2009, during meetings of the Planning Commission, and on Tuesday, June 16, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 27B- 11A.(11), Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 27B -11 Submittal Procedures. "A. When an application is made for a building permit on any site where these landscape requirements are applicable, the building permit application shall be accompanied by a landscape plan containing the following information: "(11) The certification on the landscape plan that the landscape construction documents satisfy the requirements of this Article must be made by a registered architect, registered landscape architect, or- certified Nursery Professional, or registered professional engineer certifying • and" * SECTION 3. That Section 27B- 12(B), Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 27B -12 Maintenance and Inspection The property owner shall be responsible for the maintenance of all landscaping required and approved by this Ordinance. Landscape Professional Ord -- 06032009 —132— Page 2 of 3 "(B) The installation of landscape material, as shown on the approved landscape plan, ehall must be certified by the property owner's registered architect, registered landscape architect, certified nursery professional, or registered professional engineer, Prefessie„a', and shall -must be inspected and approved by the Landscape Official of Development Services prior to the issuance of a certificate of occupancy." * * * SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6 A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 7. 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. Landscape Professional Ord -- 06032009.doc —133— Page 3 of 3 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: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: , 4Lyic�, 2009 By: eborah Walther Br wn Assistant City Attorney" For City Attorney Landscape Professional Ord -- 06032009.doc —134— Joe Adame Mayor 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/16/09 AGENDA ITEM: Public hearing to consider adoption of an ordinance to establish a storm water utility rate. ISSUE: A Public Hearing must be held prior to adoption of the ordinance creating a storm water utility rate. REQUIRED COUNCIL ACTION: Public hearing to consider adoption of an ordinance to establish a storm water utility rate. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, Council approved a Resolution regarding various policy recommendations. On May 13, 2008 Council approved an Ordinance creating a separate Storm Water Utility and directed staff to move forward with an impervious cover -based rate design for implementation in Fiscal 2009 -2010. On May 12, 2009 City Council approved a Motion setting the date of the Public Hearing regarding the storm water utility rate to June 16, 2009. CONCLUSION AND RECOMMENDATION: None needed. Val! 'eH. Gray, Director of Storm Water and Street Operations V alerieG(iicctexas.com 361.826.1872 or 361.826.1875 Attachments: Background Information Draft Ordinance Creating Storm Water Utility Rate -137- BACKGROUND INFORMATION On May 13, 2008, City Council approved the Second Reading establishing a Storm Water Utility. At that time, Council directed staff to move forward with an impervious cover rate design to be implemented August 1, 2009. In June 2008, the City contracted with HDR Engineering, Inc. to perform the impervious cover calculation and develop a rate model. Sanborn Mapping Co. was subcontracted and the digital aerial photography was flown in July and August, 2008. Impervious cover calculations by parcel were delivered to HDR at the end of January 2009. Since that time, HDR has worked on integrating the aerial photography with the City's GIS data base as well as its HTE billing and land file information in order to develop the impervious cover -based rate and billing capabilities. Public Meetings regarding the storm water rate were held on May 20, 2009 and May 26, 2009 at the Del Mar Center for Economic Development. The meetings, which had small numbers of attendees, included a presentation and question & answer sessions. A third presentation was given on June 10, 2009 to the Planning Commission. Before the rate and charges for a storm water utility can be implemented, an ordinance establishing those charges must be approved. Chapter 402, Texas Local Government Code, requires that, before adopting the ordinance establishing storm water utility charges, a Public Hearing must be held. The City must give notice of the hearing in the manner provided by Chapter 402, Subsection (C). The first publication of the notice of the hearing was Monday, May 18, 2009. The subsequent second and third publication dates were June 1, 2009 and June 15, 2009. The public hearing for the proposed ordinance establishing the storm water utility charge is scheduled to occur on June 16, 2009. Implementation of the rate is planned for August 1, 2009. —138— ORDINANCE %Er ESTABLISHING A STORM WATER UTILITY CHARGE; ESTABLISHING THAT THE MONTHLY STORM WATER UTILITY CHARGE FOR ELIGIBLE PROPERTIES SHALL BE SET BY ORDINANCE AND SHALL BE KNOWN AS THE ERU CHARGE; REQUIRING THAT EACH MONTH, THE ACCOUNT HOLDER OF EACH ELIGIBLE PROPERTY SHALL PAY TO THE CITY AN AMOUNT EQUAL TO $10.75 PER ERU; DECLARING THAT THE STORM WATER UTILITY CHARGES SHALL BE ADMINISTERED IN ACCORDANCE WITH THE CORPUS CHRISTI STORM WATER POLICY MANUAL. WHEREAS, by Resolution No. 027545 the Corpus Christi City Council has made certain findings in accordance with Section 402.045(b) of the Municipal Drainage Utility Systems Act (the "Act "), Subchapter "C" of Chapter 402, Texas Local Government Code; and WHEREAS, the Council finds that notice has been given, and hearings held in accordance with Section 402.045(c) of the Act; and WHEREAS, the Council has declared the storm water utility of the City of Corpus Christi was declared to be a public utility by Ordinance No. 027699, passed on the 13th day of May, 2008, and existing facilities were incorporated in the storm water utility as permitted by Section 402.046 of the Act; and WHEREAS, the Council finds that it is equitable to assess the storm water utility charge based on measured impervious cover; and WHEREAS, the City of Corpus Christi will establish, administer, and enforce rules appropriate to operate the storm water utility system in the Corpus Christi Storm Water Policy Manual; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. STORM WATER UTILITY CHARGE ESTABLISHED. A storm water utility charge is established. SECTION 2. STORM WATER UTILITY FUND ESTABLISHED. A separate fund shall be created, effective as of the effective date of this chapter, known as the Storm Water Utility Fund, for the purpose of identifying and controlling all revenues and expenses attributable to the storm water utility. All storm water utility charges collected by the City, after the effective date of this chapter, and other monies City Council may wish to designate for this fund, shall be deposited in the Storm Water Utility Fund. SECTION 3. BILLING. The storm water utility charge shall be identified as a separate line item on the monthly utility bill from the City. Bills become due in accordance with Section 55 -26 o'f this Code. ORD Establishing Storm Water Utility Rate - 071409 1st Rrti4g, 072109 2nd Reading ©4) pie SECTION 4. FINDINGS RELATED TO CALCULATION OF THE STORM WATER UTILITY CHARGE. The storm water utility charge is assessed based on impervious cover, assuming impervious cover of 3,600 square feet per Equivalent Residential Unit (ERU) charge. SECTION 5. MONTHLY STORM WATER UTILITY CHARGE FOR ELIGIBLE PROPERTIES. (A) The monthly storm water utility charge per ERU shall be set by ordinance and shall be known as the ERU charge. (B) Each month, the account holder of each eligible property shall pay to the City an amount equal to $10.75 per ERU charge. SECTION 6. DEFINITIONS. In this ordinance: (1) "Eligible property" means benefitted property that is not exempted under this Code. (2) Words not defined herein shall have those meanings prescribed in the Corpus Christi Storm Water Policy Manual. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO F9tM: 04 -M Veronica Ocanas Assistant City Attorney for City Attorney By: Joe Adame Mayor ORD Establishing Storm Water Utility Rate - 071409 1stlREading, 072109 2nd Reading St Mitititititi _ i CV in 4a 1 0) a a) m a M * > 101 101 v1 _iy z Q e el ea = ,,c i -in "2 I CD 0 in it X CP 1— E a 111 LL 00 a 111 LL a E Fv d c. R .2 y : en .., f..' V to v3 'o m v3 $ 0.82 r v se. — co Vi $ 5.33 rn a v3 O: O: 0 : TL 01 $ :rn : :v3 O m v3 0 O v3 Without S.W. in Water Rate y a � C P e w $ 21.35 25!.94 M t 25 RK V O m $ 35.70 m xn $ 44.62 $ 49.88 $ 55.62 V h E 15 o , ,3 $ 6.24 $ 6.24 $ 6.24 $ 6.24 It in 7S 0 o eee 6 0 6 0 ,r-- -, - ease 0 ' - 0 ' - 0 ' - t 3 E t z O e,000 Le, O ■ $ 24.95 e0 O ■ $ 24.95 $ 27.58 $ 24.95 $ 30.21 00 $ 37.74 1 = m m m co m b � O m o 0 : O t m Im m N O I- N or 0' N E E $ 8.55 $ 8.55 $ 8.55 $ 8.55 $.. 855 $ 8.55 $ 8.55 $ 8.55 $ 8.55 $ 8.55 $ 8.55 $ 8.55 sE o 1$ 1035 v $ 25112'. $ : 33.91 a n $ 25.12 $ : 33.91 $ 38.30 : $ ! 33.911 $ 4269 $:.:52.52 a :va S.W. in Watei E o :o a 0' citt h m so m N so a 0' h m so m N so $ 29.75 $ 25.36 $ 34.14 0) rn cn co $ 48.89 E' E $ 8.55 1 $ 8.55 Go co v, co $ 8.55 $ 8.55 $ 8.55 $ 8.55 Go oc; $ 8.55 $ 8.55 y o d 51 CI o o :o N 0 O 0 v 0 O 0 '0 O. O o m 0 o g 0 O o o '' 0 O 0 m 0 O: 0: o 0 O o m o :o O 12000 13000 vii _O 0 y O O :N O O N O O O N O. O co N 0 6 V 0 0 V 0 0 V 0 0 V 0 O O r- 0 O 'O :r O O co r O O co r d � N � a 3 0 O h 0 0 U *Includes Raw Water charge Difference $ 0.75 6 v o N m G G rn N G O o_ r r v G G o G: \0 v o G Lb II $ 0 r Vi o `a Go N : G $ 43.58 $ 34.59 N3 Total New. Bill $ 28.05 v b M e3 N O OO u r w M tr. N.I r $ 229.61 $ 242.58 w wl N $ 268.53 w W O r $ 923.87 $ 936.84 $ 949.82 plr- T 0 r r_. T T $ 65.04 `CY V O O m m O 'D �...�.. I- T I- T CV r T b... T $ 390.23 $ 390.23 $ 390.23 $ 390.23 in Wail New Water Bill $ 22.08 $ 24.67 $ 35.05 y N T v3 N tn r N T O v3 v3 ,-. N N O. G: v-, O N v3 N O V v3 O 00 v5 V3 r T O r G $ 520.66 $ 533.64 -. ‘.O m V v3 P v3 b rn N $ 12.34 $ 22.72 0 0 r Go $ 85.00 $ 90.19 tn GoeG \0 N d M $ 152.47 m rn 00 Go $ 502.80 $ 515.77 $ 528.75 emmm N N N m N $ 12.33 $ 12.33 IS 12.33 I o m 0 m 0 m 0 m •-■ $ 30.84 $ 30.84 $ 30.84 b With S.W. in Water Rate Total Water Bill $ 2730 o . rn m N o' ., rn W V: $ 154.67. $ 163.46 '$ 172.24 $ 209.15 N i$ -25307 $ 27503.... $ 858.33 $ .880.29 $ 902 25 .-, N v N rn r P7 : a) .— 4 M Go Go GoGoGoG M a — rn: w °rn G $ 212.61 $ 23457 • $ 256.53 $ 827.49 $ 849.45 00 Go $ 89337 -.. E ammm N Ef. N N f. mmm N f. N N f. f. $ 12.33 O W f. O W f. O W O W f. $ 30.84 $ 30.84 $ 30.84 V 0 O Water Use 5,000 6,000 10,000 32,000 34,000 36,000 O' O w 0 O 0 O o 0 O 0 O 0 190,000 O O 200,000 0 O N S.F. Impervious Surface 2,000 2,000 2,000 O 00 r O O 00 00 r (4 (4 O 0? ri 32,670 32,670 32 670 32,670 O m : O O m O O m O O m ,a O Meter Size 5/8" a N *Includes Raw Water charge a) ft) c 0 c 0 ruL- cu 1 4-) wE 0 c 1-1 u-) 0) c c ra a) ra La 0 4— 0 0) rNC31 ra cn a) 70 0 0) rC) U L_ 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/16/2009 AGENDA ITEM: Resolution approving the FY 2009/2010 budget for the Corpus Christi Crime Control and Prevention District. ISSUE: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. BACKGROUND INFORMATION: The voters on November 4, 1997 established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1 /8`h -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 15, 2009 and the Board adopted the budget on the same day. The Board amended the budget on May 20, 2009 to reflect a rebate from the General Liability Fund and Workers Compensation Fund as well as decreases in expenditures for Health Insurance and Self Insurance allocations. The City Council held a public hearing on June 9, 2009 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2009/2010 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 9, 2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the budget. Attachments: Adopted budget —151— M. J. "Walsh Acting Chief of Police 886 -2605 mikecctexas.com RESOLUTION APPROVING THE FY 2009/2010 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2009/2010 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 1, 2009. r)VX T. Trisha Dang Assistant City Attorney For City Attorney —1 5 2— Joe Adame Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —153— 2 c 0 .{J` V CCI tin CL 1 CL al 0 0 4.11 a 0 0 W E i 1. co E co 1— cn O L 0 n i O U a O up to = 0 U O 0 - CD Q) V_ = O C C a > OLn n U I I • e Assessment Center — Pawn Shop Detai — Graffiti Eradication co 0 co Li— E it 1W' 2 T O 0 0 (a lo = O a a) • Continued focus on N 1. (n CU U 0 .0 i O L 4- O 0 um) LI- O c a) E c cp .rn (n Q • — 8 Directed Patro V 1 N 0 t 0 W E fa CD i- 4-) C CD E V i O W N .c cu > n O .1 I i ct 0 t 0 cu 0 0 'm i ct 0 t 0 N 0 2 i 0 it 0 N Li- u) 0 Li- ro N I O i ro N i 0 t 0 0 O i z 'N V c O a 0 N O V fp a O V) 0 N a ra o a � O Cn N (.1) E 0 U 0 Ln Q O .1_, ro fa a u O ,-I N I I CO 1. costs - 4% increase — Sworn Personne Revenue $5,441,903 — 2% projected growth 1 1 CO LO O ri CD N P = U co (a 0 c 4- CD c 10 c LJJ • • All programs fu Tr b c 2 O • co ro O U 4- ) O O L ol a_t OV m O p 4 ,-1 a al O O U >. O " E • (n U En En . •� a) En > c •� o i _ a 0 a (a _c I1 •U U U -0 c = = -0 0 U m 0 0 Z% 8 U co U U U 1 1 I LO -� O> ,� . 0 0 s_ c c Q n n Lrl V` Z 4 1_L 0 moC CIL V 0 0 L 0 0 f 0 W' V CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2009 -2010 Proposed Budget -159- City of Corpus Christi Crime Control & Prevention District FY- 2007/2008 Actual Year End Numbers FY- 2008/2009 Year End Estimates FY- 2009/2010 Proposed Budget As Amended May 20, 2009 -160- -161- i CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 2009/2010 Page Program Org. No. No. 1 Financial Statement - 2 FY 2010 Proposed Expenditure Summary - 3 Police Officer Costs 11711 4 Pawn Shop Detail 11713 5 Public Safety Vehicles & Equipment 11717 6 Graffiti Eradication Program 11719 7 Juvenile Assessment Center 49002 8 Citizens Advisory Councils 49008 9 Juvenile City Marshals 49010 10 10 Year Revenue & Expenditure Projection - -161- Crime Control & Prevention District FY- 2007/2008 Actual Revenues & Expenditures FY- 2008/2009 Year End Revenue & Expenditure Estimates FY- 2009/2010 Proposed Budget Actuals Amended 1 Estimated Proposed 2007 -2008 2008 -2009 j 2008 -2009 2009 -2010 1 Beginning Balance 2,271,057 2,394,869 2,394,869 2,377,936 Revenues Sales Tax 4,997,916 4,952,730 5,161,923 5,265,161 Interest on Investments 82,183 62,320 1 40,359 23,779 Transfer From Gen. Liability Fd. - ? - - 58,712 Transfer From Workman's Comp - - - 78,250 Juvenile Drug Testing 13,894 I 16,000 j 16,000 16,000 Sale of Scrap /City Property 12,353 - 1 1,425 - Total Current Revenues 5,106,346 5,031,050 1 5,219,707 5,441,903 Total Funds Available 7,377,403 7,425,920 1 7,614,576 7,819,838 Expenditures Police Officer Costs 4,117,071 4,371,426 4,223,090 4,434,566 Pawn Shop Detail 158,354 164,407 131,589 147,927 Public Safety Veh. & Equip. 112,783 145,160 i 145,160 135,000 Graffiti Eradication Program 69,031 183,536 184,989 109,421 Juvenile Assessment Center 356,973 385,956 365,778 1 392,276 Citizens Advisory Council 9,902 10,500 9,981 10,500 Juvenile City Marshals 158,420 180,536 1 176,053 179,468 Total Expenditures 4,982,534 5,441,521 5,236,640 5,409,158 Ending Balance 2,394,869 1,984,398 1 2,377,936 ' 2,410,681 Surplus /(Deficit) 123,813 (410,471), (16,933) 32,745 -1 6 2- 1 Crime Control & Prevention District FY2010 Proposed Expenditure Summary Program FY2010 Per Cent Of Proposed Costs Total Budget Police Officer Costs -50 Police Officers Personnel Costs $ 3,631,536 Group Insurance $ 339,660 Other Employee Benefits $ 8,496 Operational Expenditures $ 285,851 Health Benefit/SupplementalNision /Dental Ins. $ 54,495 Self Insurance $ 114,528 Total Police Officer Costs $ 4,434,566 81.98% Pawn Shop Detail -4 ftes Personnel Costs $ — 121,835 Group Insurance $ 12,264 Other Employee Benefits $ 684 Operational Expenditures $ 4,000 Self Insurance $ 9,144 Total Pawn Shop Detail $ 147,927 2.73% Public Safety Vehicles Costs 5 Replacement Police Package Sedans $ 135,000 Total Public Safety Vehicles $ 135,000 2.50% Graffiti Eradication Program -2 ftes Personnel Costs j $ 85,682 Group Insurance i $ 9,168 Other Employee Benefits $ 336 Operational Expenditures $ 9,663 Self Insurance $ 4,572 Total Graffiti Eradication Program $ 109,421 2.02% Juvenile Assessment Center -6.6 ftes Personnel Costs $ 278,253 Group Insurance $ 17,916 Other Employee Benefits $ 1,128 Operational Expenditures $ /9,895 Self Insurance $ 15,084 Total Juvenile Assessment Center $ 392,276 I 7.25% Citizens Advisory Committee Operational Expenditures $ 10,500 i $ 10,500 0.19% Juvenile City Marshals -3 ftes Personnel Costs $ 154,664 Group insurance $ 17,436 Other Employee Benefits $ 516 Self Insurance $ 6,852 $ 179,468 3.32% Total Crime Control Proposed Budget $ 5,409,158 100.00% -1 6 3- 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICERS COSTS -11711 EXPENDITURE BUDGET Account Description Actuals 1 2007/2008 Amended 1 Estimated Proposed 2008/2009 ; 2008/2009 1 2009/2010 � I Salaries and Wages 2,219,662 2,410,592 2,309,840 2,522,441 Overtime 196,044 248,5821 220,005 228,805 Other Pay 145,249 j 156,838 j 168,319 1 175,052 Retirement ; 562,747 636,1991 619,573 705,238 Group insurance benefits 1 368,076 365,664 ; 365,664 339,660 Other employee benefits - I - 1 - 8,496 Chemical /household supplies 902 i 5,000 ! 1,028 2,000 Clothing 43,751 56,000 1 44,381 56,000 Fuel & lubricants - 1 209,370 176,951 i 178,656 187,402 Food and food supplies 414 1 150 1 200 200 Minor tools & equipment 179,611 1 149,749 ! 149,749 1 14,349 Office supplies 1,032 '; 1,200 1 1,200 1,200 Maintenance & repairs 407 1 1,000 I 1,000 1 1,000 Professional services 1,152 i 500 I 473 1,200 Vehicle repairs 562 i 1,500 1,500 1 1,500 Postage & express charges 116 1 - ! - - Uniform rentals 61 1 - - Telephone /telegraph service 10,724 1 15,000 15,000 j 20,000 Equipment maintenance - 1,000 1 1,000 1 1,000 Printing advertising & PR 360 1 - - - Health Insurance Exp.-P.O. 16,741 I 16,741 1 16,741 1 17,295 Police Supplemental Insurance j - 6,000 I 6,000 1 6,000 Police Vision Insurance 1 - 1 4,200 1 4,200 1 4,200 Sworn Empl - Dental 1 37,200 1 27,000 1 27,000 1 27,000 Interest & Bank Charges j 227 i - - - Self Insurance Allocation 122,664 j 91,560 ! 91,560: 114,528 TOTALS! 4,117,071 !, 4,371,426 i 4,223,090 1 4,434,566 I FTES: 2005/2006 -50 Police Officers 2006/2007 -50 Police Officers 2007/2008 -50 Police Officers 2008/2009 -50 Police Officers I 2009/2010 -50 Police Officers I -164- 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET i Account Description ' Actuals 2007/2008 Amended j Estimated ; Proposed 2008/2009 2008/2009 2009/2010 Salaries and Wages 105,310 107,172 81,346 j 94,575 Overtime i - 1,200 , 1,959 I 1,500 Other Pay 473 2,100 2,100 j 2,100 Retirement 23,512 25,304 19,637 1 23,660 Group insurance benefits j 15,612 15,624 15,624 1 12,264 Other employee benefits 0 0 0 i 684 Minor tools & equipment - 200 - 200 Minor computer equipment 2,313 3,000 1 - 0 Minor office equipment - 1,200 500 j 500 Office Supplies 1,343 1,300 1,269 ! 1,300 Non - Capital Lease Payments - - 1,847 j 2,000 Self Insurance Allocation 9,792 i 7,308 7,308 I 9,144 TOTALS 158,354 , 164,407 131,589 147,927 FTES: I 2005/2006 -4 ftes 1 2006/2007 -4 ftes 1 2007/2008 -4 ftes 2008/20094 ftes 2009/2010 -4 ftes -1 6 5- 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description I Actuals 2007/2008 Amended , Estimated I Proposed 2008/2009 2008/2009 I 2009/2010 I � ' Vehicles & Machinery 110,160 110,160 ' 110,160 115,000 Other Equipment 2,623 I 35,000 I 35,000 20,000 TOTALS' 112,783 145,160 145,160 :. 135,000 FY- 2002/2003 -7 replacement vehicles — FY -2003 /2004- radios 8 MDT /AVLS FY- 2004/2005 -5 replacement vehicles i FY- 2005/2006 -5 replacement vehicles FY- 2006/2007- vehicles reduced by board act'on of meeting on 03/17/2004. FY- 2006/2007 -funds approp. on 10/06 for purchase of 5 replacement vehicles FY-2007/2008-5 replacement vehicles I FY-2008/2009-5 replacement vehicles FY- 2009/2010 -5 replacement vehicles proposed I -1 6 6- 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT GRAFFITI ERADICATION PROGRAM -11719 EXPENDITURE BUDGET i Account Description Actuals 1 Amended I Estimated Proposed i 2007/2008' 2008/2009 : 2008/2009 2009/2010 I I i Salaries and Wages 30,538 j 61,943 j 62,950 I 61,642 Overtime 1 2,207 ! 5,000 i 6,794 • 7,000 Other Pay - 400 ; 400 I 400 Retirement 7,078 15,425 I 15,892 1 16,639 Group insurance benefits - 11,220 I 11,220 I 9,168 Other employee benefits - 1 - - 336 Fuel & lubricants 563 6,000 I 1,209 i 1,500 Minor tools & equipment 4,641 1,500 i 1,500 1 1,500 Minor computer equipment 762 1,800 I - - Minor office equipment 4,997 - j - - Ofl'tce Supplies j 763 j 1,000 1,578 j 1,500 Rentals 1 2,137 - 2,370 I 2,563 Non - Capital Lease Payments - - 1,828 I 2,000 Telephone /telegraph service i 42 ; 600 i 600 I 600 Self Insurance Allocation j - 3,648 3,648 I 4,572 Vehicles & Machinery 15,304 ! 75,000 j 75,000 i - TOTALSI 69,031 1 183,536 184,989 , 109,421 FTES: 2007/2008 -2 ftes 2008/2009 -2 ftes 2009/2010 -2 ftes j I i - I j I i -167- 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET 1 Account Description Actuals Amended ; Estimated ; Proposed 2007/2008 2008/2009 i 2008/2009 2009/2010 1 i Salaries and Wages 206,064 219,614 1 210,699 223,217 Overtime 4 1,5001 18 5001 Other Pay 594 600 i 600 500 Retirement 44,274 50,784 1 47,863 54,036 Group insurance benefits 18,648 21,408 1 21,408 17,916 1 Other employee benefits - - - 1,128 Temporary services 5,017 2,000 i 2,000 1 2,000 Chemical/household supplies - - 334 - Food & food supplies . - - 121 i - Minor computer equipment 1,234 2,0001 - - Minor office equipment 120 700 1 700 700 Office Supplies 1,700 1,500 1,500 1,500 Maintenance & repairs 80 1 275. 100 275 Professional services 18,637 16,0001 16,000 16,000 Personal computer repairs - 100 ; 100 100 Postage & express charges 1,610 2,000 1,705 2,000 Rentals 34,796 43,8841 43,884 45,0001 Mileage reimbursement 988 3,600 1 680 3,600 ■ Non - Capital Lease Payments - 1,116 1 679 1 800 Telephone /telegraph service 1 3,958 4,000 I 2,803 4,000 Building maint & service 97 • 500 250 500 Training - General 1,149 1,000 i 925 1 1,000 Printing advertising & PR 647 750 1 750 750 Printing outside print shops - 150 I 150 150 Miscellaneous charges - - • 34 - Travel 1,205 1,520 j 1,520 1,520 Self Insurance Allocation 16,152 1 10,956 ■ 10,956 15,084 TOTALS 356,973 1 385,956 1 365,778 392,276 1 FTES: 2005/2006 -6.6 ftes 2006/2007 -6.6 ftes 2007/2008 -6.6 ftes 2008/2009 -6.6 ftes 2009/2010 -6.6 ftes -168- 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL -49008 EXPENDITURE BUDGET Account Description Actuals 2007/2008 Amended 2008/2009 Estimated Proposed 2008/2009 2009/2010 Minor tools & equipment 4,600 1 - 574 - Minor computer equipment 1,702 1 - - - Maintenance & repairs - j 4,000 3,000 I 4,000 Non - Capital Lease Payments - 1 - 1,407 1,500 Lease Computer Rental - 1,500 — - - Printing advertising & PR 2,600 ; 4,000 4,000 4,000 Printing outside print shops 1,000 1 1,000 1 1,000 1,000 TOTALS 9,902 i 10,500 9;981 , 10,500 -169- 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET 1 Account Description Actuais 2007/2008 Amended 2008/2009 Estimated Proposed 2008/2009 2009/2010 Salaries and Wages 92,202 122,542 115,351 115,828 Overtime 7,709 6,200 ' 10,093 6,200 Other Pay - 2,400 1,619 2,600 Retirement 21,632 30,0381 29,634 30,035 Group insurance benefits — 29,532 13,872 13,872 17,436 Other employee benefits - - - 516 Self Insurance Allocation I 7,344 5,484 5,484 6,852 TOTALS 158,420 I 180,536 i 176,053 179,468 FTES: 2005 /2006 -3 ftes 2006/2007 -3 ftes 2007/2008 -3 ftes 200812009 -3 ftes 2009/2010 -3 ftes -170- 9 10 Year 10 J rm r o N m POI N O m N N YIN r 1•f O ml m Y ' ip J —I 16,000 1 ' 4 5,878,082 1 6,209,314 208,332 r P PI r N N Y % r 1 527,035 12,548 254,992 O 0 r N r in O N at m Y ig 1 (726,319)1 b t 0 w 7 0 O v Crime Control & Prevention District 10 -Year Revenue & Expenditure Projection Presented to Board @ February 18, 2009 Board Meeting \ __ Year 9_] m G N r r O N (292,05 94 6,604,9 O O O r m i, 6,323,095_1 5,973,024 158,174 147,565 O m m i 01 i 10 I 12,302 244,828 1_ (922,609) 1 (630,552) PrJectedi 99,566 m jOi Nr m1 r cn m • O O, • O m r 6,836,173 5,748,50.4 _ 192,598 _ 150,000_ 12,061 235,201 1. 5292,058) '•7 N 10 Q D I0 Year 7 2015 -2016 1. 879,431 6,225,840 1 0 • 0 to r 0 7,138,860 I 5,534,985 185,318_ 152,032 152,276 476,785 7 11,825 226,073 6,739,294 m N 0' Pl 1 (479,865) Year 6 1 9m 30 LC • a`H N r Y 6,044,505 I 25,494 1 O • 0 . rnm me acO 100 O n mr 5,331,756 178,394 149,051 131,623 1 461,420 11,593 217,410 6,481,247 a n CO 1 (395,248) Year 5 C �aJ a l E d 2013 -2014 1 1,608,204 5,868,452 1 ' P01 • 16,000 . 5,916,616 7,524,820 5,138,161 171,604 146,128 126,820 ' r CO m YmY 1 11,366 209,181 m N to 1 1,274,679 1 (333,525) Year4 Projected 2012 -2013 co 443 co 5,697,526 39,693 - 5,753,219 7,737,868 4,953,596 165,527 143,263 1 222,244 432,535 N 1 1,608,204 n(376,445) Year 3 1 Projected 1 2011 -2012 I 2,226,995 N n 10 N 44,540 1 16,000 r r m � m co. In 4,777,503 159,542 • 418,947 q M m r 1 5,834,464 1 1.984,649 (242,346) a 1133,1E Year 2 1 Q a 2010 -2011 1 5,370,464 48,214 1 0 O 0 b 5,434,678 7,845,359 4,609,61 153,851 r 1 113,730 1 CO m 1 5,618,363 (183,685) Year1 1 °`' y 2009 -2010 1 To- Imo N 1n rr. ei CV 58,712 78,250 16,000 1 5,441,903 7,819,838 ''0ym N Y Y r a 1 135,000 a O r • 1 392,276 I°qe Ono r r Y in 1 2.410.681 1 32,745 Estimated 2008 -2009 1 2,394,869 I 5,161,923 40,359 jII 5,219,707 7,614,576 4,223,090 131.589 100 r Y r 1 184.989 • t. 03 r in m PI 44- CO N m iti r 1 5.236.640 I1'I m to I- Actual to 0O N 0 N r O A N N CO M. a m a 82.183 1 13.894 r el rO 5,106,346 7,377,403 4,117,071 158.354 Pf Im., N r 1 69.031 • 356,973 N O 0Y r 1 4.982.534 Of 10 0) PI w 1 123,813 tl m•� c venues: les Tax Revenue .n 0•Ec�V', C Yo3F�• c00E °a`I`m•0 �•wwco ', `• 0. = J 0 e c„.„ 0 N JC ._ 5> o = 0 ^ 1; d O ><' cya 9 CI~ al a • 'A LL 0 —171 m w o dice &nicer Costs c0rue .c S c 1E IQ;E b a_•ra V t, co ' a CAI 0 C IL n ••—' d xenile Assessment Center tizens Advisory Council venile City Marshals Total Expenditures Fndinn Balance irplus /Deficit 10 16 No Attachment for this Item -175- 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 09 -10 General Fund Part II for the following departments: Police, Fire, Streets, Solid Waste and Municipal Court. STAFF PRESENTER(S): Name 1. Cindy O'Brien 2. Oscar Martinez 3. Constance Sanchez 4. Eddie Houlihan OUTSIDE PRESENTER(S): Name 1. 2. 3. Title /Position Department Interim ACM - Administrative Services ACM - Public Works Interim Director of Financial Services Assistant Budget Director Title /Position Organization BACKGROUND: REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 14th and July 21St respectively. PowerPoint Supplemental Information -179- Eddie Houlihan Assistant Budget Director EddieHoacctexas.com (361)826 -3792 Fund is used to account for The C ra rcaC e: et Cie Budges rnodology FY 2010 Revenues N c O c3 CT .0 0 c 0 c The Revenues available were distributed A-) a) U i bA a) . = C 'O = CC = C U = :C G 9 E . 'O C ;. a+ U O C L C6 ▪ te a. C. L C.. s+ 0 y. O U ▪ C 4/ C u 7 0 • O O C t J L CC C •U CC ,) N C. R C = n ct R .0 C C. _ CA G) E U C U • O • 0 ▪ n L E C.. b0D y ,a L "a L O O tj U C. U C. bA su. t u C :+ U CC U C U 'a C . n © .O L U U bA y R •• a0+ s A-• + L .2 t,_, U n "0 U O U = CC t = C. cQ A ► ▪ 'a as budgets were finalized Major Revenues u m C " Z .n y q N V) o w Y A o .Y 1• EA 0 3 0 0 .c V 'O- 6 W N0 C 6 M o u A N 'E b X C E 9 itildoet frImnoricon for 4% increase in net values projected u F. et t © 07 0 5 00 00 00 'J9 Other Taxes Projected decrease in electric franchise revenue Franchise Fees MSWSSC'increase for commercial customers Solid Waste Chgs Pipeline License agreements of $450K Other Permits 7 7 7 W as 7 v Z O 15 If 'V c 0 r ,, o u v. i S v = CI o 5 •s F .5 u u 7 ••• o W 2 V 5 Y CI 5 u r e r Si o °u 7c u u G0 as o v .5 o ;u, 7 s u a y at . s 7 •. 01 et 5 u at N vu s 5 Z f a Municipal' Court Recreation Rev Administrative Chgs Decrease in Gen Fd charge for administrative support Decrease in interest rates Investments .j ■ .. I f. N M 0 00 IC Ir.. OD M N 00 I . CP. 00 r--- • M f u : ✓ • o ] S z`� a z o 00 00 • 't O — 00 N Interfund Chgs Net Increase cep Qs) t Cie Jar Ass 7 G Lae Cot sa suoiI a % of. Net. Value New Growth Total Net Values o 0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 0 \° o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M N 0 O N Vr 0 .--i 'T ■D N 0 M O ,--, 0■ r r N 0 "r Vr 0 Ni N Ni N N .-- — — .-+ N N N M N S148,082,359 S 6,464,727,958 v� M r 00 C\ N N N M 00 00 00 N M 0 O VC M N Vr M O NI \D (rt. \D Vr, Vr N N O O O\ N rt Cr; -- N 7 N .D 00 M O N 00 O 00 00 ur 0 N N 0 N N O\ .-.I ur on M M M N ur M ce rt r N .--, ri N V) M V) R N N N_ �D p0pp O N .D R vD R V) V V) N N N N M r 0' 0 0 0 0 0 0 0 Cr' o 0 0 N M l-4 't M Vr, - M O O I en M N l� N it CN C■ .--i l� 00 C■ I-- M M M M fV g 00 00 '7 Vr 6,745,559,944 6,965,898,936 7,226,045,864 7,462,585,204 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 13,110,832,851 13,813,335,014 Vr N 00 CN O .-+ N M -t N OC CN CN CN CN CN O O O O O O 0 O CN CN CN CN C 0 0 0 0 0 0 0 0 O N N N N N N N N hl Ltal et s7s01 Led ZAO Lad C rr: 41 tti E slid Lia G r;' 4•. C PIM Debt Payment Rate General Fund Rate N C LT 11 C N 0 RR RR RR a}Y j XPI t- 111 Ks-8 0 'G 11 /,5'9 kc 0 O O O O O O O O O CO ■D eN N O N 2009 2010 Est 0 N 0 O N g Ln N N 2 O N S Fiscal Year L ✓y Fga o®a : spe✓ E yy Ems qz W TT�V V1 1 $7,000,000 O O O 0 0 O O O O O O O O O O O O O 0 0 0 0 0 0 O O O 0 0 0 (O l() V M N 64 64 64 CA eft CA U 0) 0 O Z S a 0) rn J c J T (0 03 0) LL c (0 Calendar Year 2008 Calendar Year 2007 Linear (Calendar Year 2007) Calendar Year 2009 Linear (Calendar Year 2008) General Fund Unreserved Fund Balance 00 co M M DO Lc- rn a N '4 trc N 0 Fund Balance ri m w N N to I Nf N N DI A N 534000000 $25.000.000 $20.0000.000 $15.000.000 $10.000.000 0 0 O 0 0 O O 0 0 O 0 O O 0 0 O 0 0 0 0 0 O 0 O O `O O O O o0 N 0 O o0 M ■O N ^� EA EA EA GA Salaries & Retirement Allocation Increases • r U 0 O 0 0 Total Increases Fund Budget Reductions/One-Time ime Revenues ■ CZ r • M 01 00 O O r 00 ▪ N O O M N t� 01 O O t� `O 01 r- v-i O `O M M N M `O O 00 t� M N N M t— M N N 64 64 64 64 64 64 64 tE T-1 E U E ' 01 ct cA _Ct �� N 0 • 0 cn .0 - 97, w j N U -a cip ti) O O a� �., O O -a • bA V Ell Ell 1 1 1 A 4 4 1' 1 )` N tn 01 64 Total Reductions Major Expenditures by Depart r U t I / I it i+ C i 41 C E O Zi N A 0. 41 0 i+ , ` 1' I A 0 4�l0 41 t. 41N C M N CI I C ' o .0 N IN ''0 r W O y n — C E 41 0 4w7 C E i+ Ill N O InPaE 0(:., 4)N Via v o> ave aw in T� 41 0 0 U 1- 0 C 0 Total General Government (Municipal Court *) Fire Department* Police Department* Health'' Department Park & Recreation Street Department* Solid Waste Services* Neighborhood Services Development Services Support Engineering Services Outside Agencies Other! Activities on O crN ^' -t ,--- N N O 00 N 00 00 •-+ kr, N M rt O O O C\ r 0\ 00 .--1 , N N 00 O Ifi N O 00 CC 00 00 �-+ r rt 00 M c" N N N ri .--1 co \t 11) 000 .1 ... in VD •--■ ...� R M - R N .--- —1 69 Net Increase *Discussed on June 16, 2009. m C5 • Eoo • o `m U coa ❑ ❑ 0 O N N N N O O O CO O CO O N CO CO co O N 0 L 0 c6 U co 1— r 0 U 0 n 10 (1) Cit Manager Group Salaries Budgeted - $103,224,282 rn ✓ LO w N (Y) 0) ere Cr) t N o C O 0 (1) -0 C U N N X O W LL 2 Solicl VVaste c O co N0 15 0 Et .2 Neighborhood Services N CO a 0 W w a� ▪ s n 3 E a`> Y a : U ._ 0 a CO m Lt • in N c°n w a CO ▪ N CO CO ( CO ( r r v (3) Juvenile Assessment Center U O a General overnment Expenditures by Function ❑ Personnel ❑ Allocations N N 0 N T, 0 0) a) D (O O CO CO (O Ef3 Allocations 0) O O O CO 0 LO Lf) Lf) O 0 0 O (R (6 O O IH S924,858 decrease from 2009 Budget 9 FTE's will be frozen, 5 FTE's will be deleted from Municipal Court W E F c Q/ 'O c c L u +j .. c c ^- c.0 Y O Il u C M c In O .c C O :7 L CZ 'c 0 C u O G n 1-1 z 7 J C. 0 c E el O 6A Y c L w. n G) C c C .2 C u o ct u C O u a- O i 0 L w O ;.0. Y Ca CZ E a ra c u O O G1 C 7 u . u 4. M Qi V 7 N W mcY cJ u w 0 Y d G O O O u W c O O E/9 G u W O y L O G O E 0. A E O c L.) W y c O O c O Col O O O O O Municipal Court will be discussed on June 16, 2009 Personnel m c 0 Allocations r m 1 N 0) o D 1 o m N M N V 0 Lf) (O O (p • O Cf) N N- c0 M E9 C0 (0) N O M d) O M 0) 0 O c0 N Allocations O N c0 N- 4- E9 c0 N- 0 EFY M Full year funding for Low -Cost Spay Neuter Clinic. Added two employees from Nueces County to Environmental Health Services. Libraries Expenditures by Function ❑ Personnel m c O 0 ❑ Allocations 715 0) o r M O O tf) CO p CO O0) N (O O tf) N ER CO 0) M 0 CD 0 O if.) N N N CD r N r Ea Allocations Boot: budget well below State and national Allocations increased by S97,104. xpenditures by Fume CIS • ®' Personnel at a 0 0 Allocations 0) 10 a R () 1-15 N O (0 O O M O N pp co O O a) D 0 O O 0 r ▪ co r r CO co- co- 15 o rn co o -Q Q N O co r 0 a0) 0 CO O M u, r O co- N te- 0) c c c -O L a 0 Allocations 18.68 FTE's will be frozen in'FY10 Allocations increased by $516,063 y S �_ •L c c O O 7 ti o c U C7 c Lo m v- c CO u u c y, 0 • C. c 4.4 ._ L G • L G 0.4 L. bA C C• _ bA i C C R O W ▪ a t L ▪ C L 0 R •M C a n n L L CL 0 • U ▪ U L U c O at r. U A C a ▪ i. C 0.4 s o 0 c.. A..• • an • R u c �' L Ca s L E o CC l' • 7 O • bA an i CL al: CL CI C L C a •C �° C R Ca u • CZ • R E • c _ To © C U L CI 4' : r — 0 at 0 R a C © •'c U Q t L, C a"+ •O n 0 4. 0 O a) E O L _ ar n O7 u C • C s• ue. �l L i+ • o O CiU., n •O •� C pr 69 1-7 A V U L Increase the time cycle between mowing of park property borhood Services Expenditures by Function 4--. a) 0) D O CO O O M N ER O L(7 CO- Cr) N N N M LID M C 0) 0 CU L Lie a) CL Allocations $2,125,052 $2,057,085 c o c o R M i6. R DD Z E M O N w - • t s 0" c u i. L L 7 „O U u 7 O "O ..r L 0 N 7, %'i O w y c `� — o "c u c so o t. w • O E a) R u L c az R © L cs Q.'O o CI? O ;. s It re L c CS 0 R : r s c .O C O O E s cu L 0 so s° act 6 s Q t° 'a tE u © c o ot a) c .-i cc" w (.A igineering Services Expenditures by Fun ❑ Personnel &. 0 ❑ Allocations R t a 0 R U (C) 6) V O • O CO ▪ N N (ti I- N- M Cr) O V (C) M N- co M (.O co - � co O O to V To 0) c c c ..= o a) 0 Q a 0 Allocations To Q To O r- r Froze two Technical Specialist positions for FY 2010 Slight increase in allocations charges 7 Budget Calendar June 16 Budget Discussion General Fund, Part 2 0 ct ct -o 0 � g cif O 0 0 •- - cd 0 •— t b cA 0 U O u a • V June 23 Budget Discussion Enterprise Funds cd U N Q. LD a. • 0 ct t ct N 0 t N I — O0 ci▪ l ct -ci U ct Q t to > CO -cl I O M 0 t t ti Public Hearing 1St Reading of Budget Ordinance 2nd Reading & Adoption I I I O0 N ^• -- N - - - ti ti ti t2 oat cad Questions & Con