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HomeMy WebLinkAboutAgenda Packet City Council - 07/07/2009=Mr flWW ugnuni '111111111MI ,HHHM mun: NISOPI3/410110"1/4w0i -4 a] xik cf:‘ TV Or 444 a e ,,,, • • • • AliNg aggggg.... .g: sgg'' gg ° AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 784 01 JULY 7, 2009 12 :00 P.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 i2:00 p.m. 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 at Concilio y cree que su ingles es Ii juntas del'Concilio pare ayudarte. Persons with disabilities who plan to attend this contact the City Secretary's office (at 361- 826 -; can be made. A. B. C. ado, abra un interprete ingres- espahol en Codas las Ling and who may need auxiliary aids or services are requested to at least 48 hours in advance so that appropriate arrangements Mayor Joe Adame to call the meeting to order. Invocation to be given by Minister Todd Collier, Arlington Heights Ch Pledge of Allegiance to the Flag of the United States. ch of Christ. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Kevin Kieschnick Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Counci July 7, 2009 Page 2' eeting CITY COUNCIL PRIORITY ISSUES (Refer to legend ai the end of the agenda summary) E. MINUTES: 1'. Approval of the Retreat Meeting of June 2, 2009. (Attachment # 1 ) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD, AT APPROXIMATELY 12:00 P.M. 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 PROHIB TS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment 2) • Arts and Cultural Commission • Cable Communications Commission • Corpus Christi Business and Job Development Corporation Human Relations Commission Landmark Commission Agenda Regular Council Meeting July 7, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legens at tne sac Of the agenda summary) H. 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. 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. AU 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 supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No CBCOG-9-4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $219,083.19, of which $18,256.93 is required in FY 2008-2009. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2008-2009 and have been requested for FY 2009-2010. (Attachment #3) Agenda Regular Council Meeting July 7, 2009 Page 4 La Batt Food Service Corpus Christi Texas 152 Items $91,883.27 Performance Food Group Victoria, Texas 91 Items 127,199.92 Grand Total: $219,083.19 CITY COUNCIL PRIORITY ISSUES (Refer to legena at the end of the agenda summary) 4. Resolution authorizing the City Manager or his designee to execute an agreement with Del Mar College for use of the College's training field and the Police Department's firing range. (Attachment #4) 5. Resolution authorizing the City Manager or his designee to execute an Inter local Agreement and related documents with the Port of Corpus Christi Authority of Nueces County, Texas ("POCCA") to jointly fund gas and water line adjustments and relocations for Joe Fulton International Trade Corridor Project — Phase II. (Attachment #5) 6. Second 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. (First Reading 06109/09) (Attachment #6) J. PUBLIC HEARINGS: ZONING CASES: 7. Case No. 0509-01, Paul Sutherland & Adan Prufieda: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District resulting in a change of land use from office to business on property described as Alameda Park, Block 7, Lot 1 generally located on the corner lot east of Everhart Road and south of Harry Street. (WITHDRAWN BY APPLICANT) (Attachment #7) 8. Case No 0509-04, Williard H. Hammonds, Individually, and as Independent Executor of the Estate of Jeannine D. Hammonds: A change of Zoning from an "A-1" Apartment House District and an "A-2" Apartment House District to a "B-4" General Business District on property described as 1.007 acre tract of land out of Agenda Regular Council Meeting July 7, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end df the agenda synrnary) Lot F-2, Wilkey Addition Unit 2, generally located south of South Padre Island Drive, west of Airline Road, north of Williams Drive, and east of East Manor Drive. (Attachment #8) Planning Commission & Staffs Recommendation: Approval of the "B4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Willard I-I. Hammonds, Individually, and as Independent Executor of the Estate of Jeannine D. Hammonds, by changing the Zoning Map in reference to a 1.007 acre tract of land out of Lot F-2, Wilkey Addition Unit 2, from "A-1" Apartment House District and "A-2" Apartment House District to a "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. STREET CLOSURE: 9 Public hearing and First Reading Ordinance to consider abandoning and vacating a 9,955.03-square foot portion of dedicated public right-of-way (Alta Plaza Drive), located west of the Ocean Drive public right-of-way, subject to compliance with the specified conditions. (WITHDRAWN BY STAFF) (Attachment #9) K. SPECIAL BUDGET PUBLIC HEARING: 10, Public Hearing on the Proposed FY 2009-2010 Operating Budget This budget will raise more total property taxes than last year's budget by $2,971,452 (General Fund $1,801,926, Debt Service Fund $989,600, and Special Revenue $179,926), or 4.1%, and of that amount, an estimated $1,910,359 is tax revenue to be raised from new property added to the tax roll this year This additional amount is due entirely to increases in property tax valuations and new property added to the tax roil and NOT to any increase of the current tax rate of $.563846. (Attachment #10) L. REGULAR AGENDA (NONE) Agenda Regular Council Meeting July 7, 2009 Page 6 M. PRESENTATIONS: Public comment will not be solicited on Presentation items, CITY COUNCIL PRIORITY ISSUES (Re(er to legend at Me end of the agenda summary) 11 Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Report (Attachment #11) N. CITY MANAGER'S COMMENTS: 12. Status of City Council 2009-2011 Goals (Separate Attachment) 0. 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 fisted 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. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City' entrance to City Hall, 1201 Leopard 2, 2009. s official bulletin board at the front Street, at 2:00 p.m., on July tp• 11ACtot rrnando Chapa City Secretary mt NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.corn on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Retreat June 2, 2009 - 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tern 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 retreat to order in the Watergarden Room of the Museum of Science and History. The Invocation was delivered by Council Member Chesney and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. City Manager Escobar provided the Council with a directory of City staff and asked staff to introduce themselves to the new Council Members. City Secretary Chapa discussed the Council meeting procedures and calendar for 2009- 2010 Mayor Adame encouraged the Council to eliminate the time spent on the consent agenda by asking questions to City staff prior to the meeting. The Council concurred to change the meeting time to 1200 p.m. effective in July and to cancel the following meetings: August 11, 2009; November 24, 2009; December 22, 2009; December 29, 2009 and March 16, 2010. City Manager Escobar made a presentation on the prior City Council Initiatives including establishing a comprehensive street/road plan; development of a plan the for Texas A & M —Corpus Christi expansion; expanding the Neighborhood Improvement Program (NIP) and Model Block Program; improving the development process and Unified Development code implementation process; Bond 2008; plans for the Memorial Coliseum; updating the City's Master Plan utility elements; increasing code enforcement; develop a downtown plan; and review the City Charter. The following topics pertaining to this item were discussed: timeline for the Memorial Coliseum; review of the downtown ordinances; and an overview of the Tax Increment Financing Zone (TIF) #3 for the downtown area. Director of Engineering Pete Anaya provided a brief update on the status of the Bond 2004 projects; Bond 2008 projects; and the Bond 2008 timeline. The following topics pertaining to this item were discussed: funding for Park Road 22 Bridge; if there is language in the Bond 2008 project to move funds to other projects; cost escalators the issuance of certificates of obligation for projects; the Packery Channel TIF; developer participation on Park Road 22; the Laguna Shores Road project the Padre Island Aesthetic Development Participation; notifying the public on the progresspf projects through e-mail blasts, Internet, and public meetings; and identifying projects by district. Minutes — Council Retreat June 2, 2009 - Page 2 Assistant City Manager Oscar Martinez referred to a powerpoint presentation on the water supply including the water planning background; the Region N Planning Group; comparison of annual water supply and costs for potential future water management strategies; current water supply considerations; water demand; water supply projections; demand and supply summary; the Las Brisas contract terms; the comparison of water demand and supply with additional large volume users; Garwood water; the revised demand & supply summary if Garwood access is moved up to 2020; map of alternate routes; potential support; opportunities and impacts; status of the Garwood Water Project; Garwood water current tasks, and next steps. The following topics pertaining to this item were discussed: the amount of water to operate the Las Brisas plant and the period of time; the potential water supply; the reason for the high cost of Lake Texana; how the water demand projections were determined; whether industrial growth was a factor to determine water demand; the projected decrease in water demand for the City of Mathis; the Lavaca-Navidad River Authority (LNRA) call back: how off- channel storage of Garwood water improves the firm yield; the term of the Garwood water rights;. whether Las Brisas will reduce electric services rates to citizens; location of the Palmetto Bend Dam; possible partnership with LNRA for off - channel storage; whether the water plan includes the interruptible water supply from Lake Texana: vision of the Mary Rhodes Pipeline; if the plan factors in maintenance and operation costs; removal of sediment; and the financing plan. Mayor Adame opened discussion on the Character First Video! Pride Campaign Presentation. The Mayor and Council Members viewed a video on the Character First program. Monica McCleod- Sawyer and Mark Minutaglio provided a brief overview of the Pride Program Campaign and the action steps including establishing a city- staffed position to handle the Pride campaign; planning and launching of the campaign; establishing quarterly city-wide cleanups; implementing the Recycle Bank; and commitment to the program. Mayor Adame introduced Trey McCampbell, Claudia Jackson and Dr. Mary Sherwood who served as retreat facilitators. Mr. McCampbell explained that the goals and priorities for the City will be categorized under the BoldFuture ideas. Ms, Jackson and Dr. Sherwood provided an overview of BoldFuture Phases 1 through 4 and the six (6) vision categories including vibrant economy; thriving education and entertainment; safe healthy communities; well - planned region; community identity and leadership and sustainable environment. Mr. McCampbell asked the Council to review and prioritize their short and long term goals. (see Mr. Campbell's attached report, included as part of these minutes). After a brief exercise and discussion, Mr. McCampbell summarized the council's goals as follows: 1. Create streamlined plan to attract business /upgrade tax abatement and other incentives 2. Resolve the Memorial Coliseum issue 3. Improve Development Services infrastructure 4. Support strong public safety, police and fire 5. Prepare the Garwood Water plan to be shovel ready in two years 6. Continue road plan and dedicated revenue; not bonds 7. Expand pride of appearance in the City and incorporate community pride with Clean Cities 8. Maximize green initiatives, outreach to solar, wind energy partnerships and initiatives. There being no further business to come before the Council, Mayor Adame adjourned the Council retreat at 3 :45 p.m. on June 2, 2009. Summary of Priorities Corpus Christi City Council Retreat June 2, 2009 Vibrant Economy .9 Create streamlined plan to attract business/ ii incentives 2 Resolve Memorial Coliseum issue Improve development services infrastructure 7 4 Increase funding for convention center, CVB, EDC, with incentive based 4 Support business & industry to keep jobs and salary dollars here 3 Foster entrepreneurship spirit/business incubator 2 Keep gas department 1 Expand convention center & convention hotel 1 Develop marketable warehouse facilities 0 Recognize/reward existing large employers 0 Adopt more proactive to job creation & expansion 0 Launch National public awareness campaign pgrade tax abatements and other Thriving Education and Entertainment (no top votes) 1 Jumpstart downtown campus for college & university O Improve curriculum for adults returning to college O Complete Packery Channel TIE projects 0 Reinvent museum & Columbus ships 0 Initiate youth teaching seniors technology igt seniors teaching youth arts program 1 Provide learning connections between youth and seniors 0 Support vibrant downtown arts & entertainment 0 Expand institutions to improve skilled workforce 0 Improve after-school programs 0 Maximize public entertainment venues Safe Healthy communities 6 Support strong public safety, police and fire 4 Improve parks & rec facilities/plan for watering parks 4 Create employee health care clinic -3- Page 1 of 2 Summary of Priorities Corpus Christi City Council Retreat June 2, 2009 Iti lein Planned Region 11 Prepare Garwood water plan to be shovel-ready in two years 5 Continue roaplan and venue, not bonds np � o dedicate Organize regional leaders summit throughout Coastal Bend 3 Develop Island convention & community facility/assist island development 3 Retain Army depot & Navy presence ] Complete/address I8V4 bond & implement I088 bond projects 2 Improve infrastructure of older neighborhoods 2 Develop comprehensive downtown revitalization plan/support with ordinances 1 Define development trust funds solvency/development friendly 1 Implement Community Development Block Grant balance scorecard 1 Consider County Road 52 arterlal/2nd arterial for NW Blvd 1. Plan outer highway loop connecting to Padre Island 1 Continue marina improvements 1 Help redevelop Naval Station Ingleside 0 Plan regional approach to procuinge state & Federal transportation dollars 8 Complete city utilities master plan U Create Bayfruntm/a&ez`basedactivities 0 Develop/maximize bike trail from Southside to Ocean Dr. 0 Expand airline service Community Identity and Leadership Expand pride of appearance in city/ incorporate community pride with clean cities 4 Recognize & appreciate diversity/be inclusive & respectiv of all citizens V|nteera1e"[bara,1erGnt"campa]gn 1 Develop a go4o-the-people mentality in communication 2 Review City Council district boundaries 0 Communicate with stakeholders: industry, education health, etc Sustainable Environment 10 Maximize Green initiatives, outreach in solar, wind energy partnerships and initiatives 3 Develop artificial reef program 1 Maintain clean, healthy beaches 1 Protect air & water quality & reduce pollution o Improve seaweed maintenance plan 0 Emphasize/communicate that we have clean air/water -4- Page 2 of 2 a. ARTS AND CULTURAL COMMISSION — Three (3) vacancies with terms to 9 -01 -09 and 9 -01 -10 representing the following categories: 1- Drama, 1- Economic Development/Tourism and 1- Music. (Appointed by the Mayor subject to confirmation by the Council) (Since one of the terms end on 9- 01 - 09, it is recommended that the appointment be for a new three-year term ending 9- 01 -12.) DUTIES: To recommend the use location, lease or purchase of works of art to be considered a part of the beautification or cultural de\ elopment of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the desi a of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non - lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures, as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Ericha Kenun (Public Art / Public Space) 9 -01 -11 9 -9 -08 Joe Pena (Visual Art) 9-01-10 3 -11 -08 Joseph B. Schenk (Texas A &M -CC) 9 -01 -09 3 -11 -08 Frank Trimble (Architecture) 9 -01 -11 10.11 -05 David Berlanga(Civic Leader) 9 -01 -10 10-9-07 Teresa Crayon (Marketing) 9- 01 -09 12 -9 -08 Heidi Hovda (Business Development) 9 -01 -09 6 -12 -07 Gloria T. Bilaye- Benibo (Dance) 9 -01 -10 12 -14 -04 Judith Prewitt, Ph.D. (Education/Youth) 9-01-10 8 -24 -04 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -11 6 -12 -07 Lynda Jones (Public Art/ Public Space), Chair 9 -01 -09 6 -17 -03 Amorette Garza (Del Mar College) 9 -01 -11 9 -9 -08 Dr.'Lari Young (Education/Youth) 9-01-09 9 -9 -08 ** *Michael Kim Frederick (Drama) 9 -01 -10 6 -12 -07 ** *Paul Bissell (Economic Dev. /Tourism) 9 -01 -10 9 -9 -08 ** *Guadalupe Garcia (Music) 9 -01 -09 5 -10 -05 Joye LaBarrett (Marketing) 9 -01 -09 5 -09 -06 Council Liaison: Nelda Martinez, Council Member Legend: *Seelang reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowe * * ** *Has met six -year service limitation by ordinance —7— (The Arts and Cultural Commission is recommending the new appointments of JoAnna Benavides- Franke (Drama), David Brian Watson (Economic Development/Tourism), and Alene Burch (Music). INDIVIDUALS EXPRESSING INTEREST Jo Anna Benavides- Franke Director, Career Services, Texas A &M University — Corpus Christi. Received a Bachelor of Business Administration from Stephen F. Austin State University and Masters of Science in Education Administration from Texas A &M University - Corpus 'Christi. Activities include; Harbor Playhouse Volunteer/Board of Directors, Choir and Volunteer at Second Baptist Church. (Drama) (4- 20 - 09) Alene Burch Jeremy Gifford Retired Professor of Piano, Del Mar College. Received BM and MM in Piano Performance from Northern Illinois University. Activities include: Corpus Christi International Competition, Corpus Christi Chamber Music Society, Corpus Christi American Guild of Organists, Choir and Service Accompanist for Unitarian Church of Corpus Christi, and Corpus Christi Music Teachers Association. (Music) (2- 10-09) Self Employed Business Owner/Professional Musician. Attended Del Mar College -Major in Voice/Music Performance). Certified Microsoft Professional- Windows Network Administrator/Engineer. Activities include: Sound Engineer, Live Music Producer, Recording Studio Owner, Independent Record Label Owner and Music Publisher. (Music) (4- 16 -09) Jacey Jetton Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (Economic Development/Tourism) (5- 18 -09) Monica Pena -Moore Director of Special" Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, Task Force for national Multiple Sclerosis Society, Annual MS150 Ride, Junior Achievement, and Relay for Life with the American Cancer Society. (Economic Development/Tourism) (12 -1 -08) Donald Russell President, Negotiations & Contracts Consultants, Inc. Received BS from University, of Kansas. Attended George Washington University and William Howard Taft University. Performed Professionally as Vocalist with the National Symphony, Royal Philharmonic, Concertgebouw of Amsterdam, Philadelphia Orchestra, Minnesota Symphony and Baltimore Symphony. Licensed Pilot. (Music) (4- 16 -09) —8— Sallie Spradlin Self-Employed, Piano and Voice Teacher. Substitute Teacher. Activities include: Beach Clean-Up Days, Member of the Corpus Christi Museum of Science and History, Parent/Reading Readiness Volunteer at Seashore Learning Cdriter. Volunteer Grief Counselor, Pastoral Counselor, and Music Director/Stage Manager/Supervisor at Harbor Playhouse. (Music) (6-26-09) Britm Summers-Brown Sales and Marketing Coordinator, Cricket Communications. Received BA in Communications from Texas A&M University-Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU-CC Alumni Association. Recipient of Cricket Communications-Annual Leaps and Bounds Award Recognition. (Economic Development/Tourism) (1-12-09) David Brian Watson Self-Employed, Freelance Photographer, Writer and Journalist. Received BA/Managerial Studies from Rice University. Activities include: Protection and Advocacy for Individuals with Mental Illness Advisory Council, Art Center of Corpus Christi and United States Navy League. (Economic Development/Tourism) (6-4-09) b. CABLE COMMUNICATIONS COMMISSION—Two (2) vacancies with terms to 7 27-12. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission Each commission member is encouraged to have access to local cable communications system programming The commission shall select from its membership a chairperson and a vice-chairperson whose terms shall be one year ORIGINAL MEMBERS TERMS APPTD. DATES *Carolyn Moon 7-27-09 5-29-07 Leo Estrada 7-27-11 2-12-08 Latrice M. Sellers 7-27-11 8-26-08 Connie Gutierrez, Chair 7-27-10 1-10-06 *Stephen R. West 7-27-09 10-11-05 (The Cable Communications Commission is recommending the reappointments of Carolyn Moon and Stephen R. West.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Carolyn Moon 12 11 92% Stephen R. West 12 11 92% OTHER INDIVIDUALS EXPRESSING INTEREST Ken De Koning Pastor, De Koning Ministries. Received a Bachelor's Degree. (4-16-09) Rosie Flores Co-Pastor, Family Life Outreach Church. (5-19-09) Victor Frazier Student Supervisor, Texas A&M University-Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister-Church of Christ. (4-16-09) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by oriWancc **miring met ciy-venr gervire limitation Ida Alvarado Hobbs Louis Hoelscher Eric 1-lolguin Edward Frank Lewis John Douglas McMullan Risk Manager/Registered Nurse, Corpus Christi Medical Center, Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4-22-09) Retired, City of Corpus Christi. Attended College and Continuous Education Classes by Texas Engineering Extension Service. Activities include: Member and Eucharistic Minister at Most Precious Blood Catholic Church, Life Member of American Rose Society, President of Corpus Christi Rose Society, and The Gardens Condos Board. Recipient of Water Utility Young Man of the Year — Coastal Bend Water and Sewer Association and the South Central District Bronze Award from the American Rose Society. (6-17-09) Currently Student at Texas A&M University-Corpus Cluisti, Activities include: Beta Theta Pi Fratenuty, Presidents Ambassador, Student Representative, Student Government Association and Homecoming Committee. (3-9-09) Retired, Nueces County Sheriff's Department Served in the United States Navy. Received AA in Law Enforcement and Additional Training from Pensacola Junior College. Attended Texas Corrections Standards Academy, Texas Law Enforcement Standards Academy, Del Mar Community College, Career Academy of Broadcasting, Atlanta, Georgia, and International School of Ministry, San Bernardina, California, Activities include: Republican Precinct Chairman. Recipient of Employee of the Month Tejas Kia, (4-20-09) Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Enyineers, Water Environment Federation, and St. Pius X School. (1-21-09) —11— c. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Two (2) vacancies with terms to 7-31-11. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident of the City. MEMBERS *Butch Escobedo Foster Edwards Robert Tamez Eloy H. Salazar, Chair *Brad Lomax TERM 7-31-09 7-31-10 7-31-10 7-31-10 7-31-09 ORIGINAL APPTD. DATE 7-24-07 7-11-06 7-08-08 7-11-06 7-24-07 (The Corpus Christi Business and Job Development Corporation is recommending the reappointments of Butch Escobedo and Brad Lomax.) ATTENDANCE RECORD OF ME ERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF A I IENDANCE NAME MIS TERM PRESENT LAST TERM YEAR Butch Escobedo 11 11 100% Brad Lomax 11 9 82% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen President, Stewart Title, Activities include: Executive Women's International, Rotary Club, and CCAR. (5-13- 09) Jo Anna Benavides-Franke Director, Career Services, Texas A&M University —Corpus Christi. Received a Bachelor of Business Administration from Stephen F. Austin State University and Masters of Science in Education Administration from Texas A&M University-Corpus Christi. Activities include: Harbor Playhouse Volunteer/Board of Directors, Choir and Volunteer at Second Baptist Church. (4-20-09) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned number -1.2— ir ****Eneederl number nf nhcpnrec allnwrvi hv nrclmannn Jim Boller, III President/Owner, Jim Boller & Associates, Inc and President of Banking Associates, Inc, Received BS in Education/Business and Minor in Economics. Recipient of #1 Salesman in the Nation for Hallmark Cards and Mosier Safe Company. Member of Community Youth Development (78415) Program Steering Committee, (4- 20-09) James L. Boller IV Vice President, Jim Boller & Asociates, Inc. Activities include: Corpus Christi Country Club. (4-24-09) Robert Cagle Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi and Member of Marina Advisory Committee. (4-14- 09) Angela Cantu Development Facilitator, YWCA Corpus Christi, Received Bachelor of Arts. (4-20-09) Cristi J. Caviness Tax Accountant, Rooke Scam Interests, Ltd. Received D.B.A. from University of the Incarnate Word, San Antonio, Texas. (5-13-09) Victor Frazier Student Supervisor, Texas A&M University-Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister-Church of Christ. (4-16-09) Mike Garey Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A&M University-Corpus Christi. Activities include: Habitat for Humanity. (4-22- 09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (5-18-09) Patrick Geary Pablo o Garza Chris Hamilton Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A&M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4-10-09) Vice-President, 1CJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Member of the CCCIC/Loan Review Committee. (12-10-08) -13- Gail Hoffman Kevin Horrigan Executive Director, Images for Conservation Fund, Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co-Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1-21-09) Dr. Candelaria Huerta Bilingual Early Childhood Consultant, Huerta iConsultancy. Received Bachelor of Science from Texas A&I University, Kingsville, Texas, Master of Arts from Washington State University, Pullman, Washington, and Doctor of Education from Texas A&I University, Kingsville, Texas. Activities include: Wednesday Morning Breakfast (Business) Group. Serves on the Committee for Persons with Disabilities . (11-4-08) William Paul Hunt Jacey Jetton Edward Frank Lewis 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. (6-4-09) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard.-(5-18-09) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4-20-09) Jerry Lipstreu Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4-30- 09) Michelle Mazur-Armstrong Received B.S. from Texas Tech University. Interested in Serving the Community. (3-3-09) -14- Peter G. Melve Gerard Navarro, Jr. Keith Parker John Powell Donald Russell Stefany Tegeler Schade Ted Schroeder Lattice M. Sellers Jodi Steen Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Managemerit. Activities include: Westside Business Association and Foster Parent. (3-2-09) Substitute Teacher, Corpus Christi Independent School District Currently attending Texas A&Ivl-Corpus Christi. (5-14-09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE Member of the CCCIC/Loan Review Committee, (4-23-09) President, SPowell.Com Real Estate. Received Degree in Business from Texas A&M University-Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4-1-09) President, Negotiations & Contracts Consultants, Inc, Received BS from University of Kansas. Attended George Washington University and William Howard Taft University. Performed Professionally as Vocalist with the National Symphony, Royal Philharmonic, Concertgebouw of Amsterdam, Philadelphia Orchestra, Minnesota Symphony and Baltimore Symphony. Licensed Pilot (4- 1649) Self-Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A&M University-Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5-28-09) Owner/Adminstratoranstructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (4-23-09) Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Radio & Television Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, Cable Access Show "Community Outreach", and State Democratic Executive Committee for Women. Member of the Cable Communications Commission. (4-15-09) President, JRS Ventures, Inc, Received BBA in Finance and Marketing, Activities include: Board of Trustees for Art Museum of South Texas and BACC. Member of the CCCIC/Loarqeview Committee. (4-16-09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Chzisti Association of Realtors. (2-11-09) Marsha William Realtor, Re/Max Metro Properties. Received BA. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4-17-09) -1 6- HUMAN RELATIONS COMMISSION Nine (9) vacancies with terms to 6-14-10, 6- 14 -11, and 6 -14 -12 representing the following categories: 5 — Regular Members, 1- Rental Dwellings, and 3-Youth (Appointed by the Mayor with approval of the Council) (Mayor to designate the Chairperson) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -09) 6 -14 -11 1 -15 -08 Dr; Chon -Kyun Kim 6 -14 -11 8 -12 -08 Patricia E. Mattocks 6 -14 -10 1 -15 -08 *Robert Adler 6 -14 -09 6 -22 -04 *Edna Arredondo 6 -14 -09 8 -12 -08 *Lucy Reta 6 -14 -09 6 -22 -04 * * * ** *Rene Saenz 6- 14-11 1 -15 -08 Rev. Derrick Reaves 6 -14 -11 7 -11 -06 2'chard Pulido 6 -14 -10 7 -24 -07 gie Myers (Selling Dwellings) 6 -14 -10 7 -24 -07 a Del Angel (Rental Dwellings) 6 -14 -09 7 -11 -06 *Jacob Sendejar (Youth) 6 -14 -09 8 -12 -08 *Robert J. Bonner (Youth) 6 -14 -09 8 -12 -08 * *Staci Alanis (Youth) 6 -14 -09 8 -12 -08 AbelAlonzo (Com.Per,Dis:Chair)Ex - officio (Voting) * * *ErrolSummerlin (Legal Aide Society), Vice - Chair, Continuous (The Human Relations Commission is recommending the reappointments of Robert Adler, Lucy Reta, Edna Arredondo, Robert J. Bonner (Youth), and Jacob Sendejar (Youth). The Commission is also recommending the new appointments of Toni Cole Davis (Rental Dwellings), Eric Holguin, Dalia Brem, and Mariah Howard (Youth): (Note: The Legal Aide Society has appointed Robert Garza to replace Errol Summerlin who has resigned.) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance c mot civ_cionr.corviro limitatin —17— ATTENDANCE RECO k OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert Adler 11 8(3 exc) 73% Lucy Reta 11 8(2 exc) 73% Edna Arredondo 9 8(1 exc) 89% Robert J. Bonner (Youth) 9 8 89% Jacob Sendejar (Youth) 9 8 89% OTHER INDIVIDUALS EXPRESSING INTEREST Charli Barrera Clarissa Beltran Dalia Rodney Buckwalter Kathleen a Cooper Ariana Cordero Toni Cole Davis Senior, West Oso High School. Activities include: Interact Club, Drama, Computer Applications, Informative Speaking and Student Council President. Honor Roll Student. (Youth) (5-29-09) Financial Advisor, Wachovia Securities. Received Associate in Arts from Del Mar College, Bachelor of Arts and Master of Public Administration from Texas A&M University-Corpus Christi. Activities include: Chamber of Commerce and Texas A&M University-Corpus Christi Alumni Association. (4-13-09) Assistant Executive, Amedisys Home Health Services. Activities include: Jr. Achievement of the Coastal Bend, Women's Shelter, Metro Ministries, and PTO President at First Baptist Church. Recipient of President's Circle and Chairman's Club by Amedisys Home Health. (5-20-09) Director, Vendor Management, First Data Received AA from Del Mar College, and BA and MS from Texas A&M University-Corpus Christi. Currently working on PhD. Activities include: Texas A&M University-Corpus Christi Alumni Association and Del Mar College Business Development Advisory Committee. (6-5-09) Human Resources Manager, H.E.B. Grocery Company. Received B.A. in Management and M.S. in Occupational Training and Development Graduate of Leadership Corpus Christi Class 37. (4-17-09) Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (Youth) (10-3-08) Executive Director, Corpus Christi Apartment Association, Received BA from Corpus Christi State University. Activities include: Corpus Christi Apartment Association Board of Directors and Taking Back the Streets in the Name of Jesus Christ. Recipient of Community Team of the Year and CioRnmunity Manager of the Year (Rental Thoollinovl 15.71-1111 Briana Ellsworth Derck Fitzgerald Patrick Geary Daniel Gerberding Timothy Goss Senior, Flour Bluff High School. Activities include: Marching and Concert Band, Student Council, Yearbook Staff, National Honor Society, Spanish Honor Society, and Interact Club/Rotary hiternational,(Youth) (5-29-09) Senior, Flour Bluff High School. Activities include: President of Student Council, National Honor Society, Spanish Honor Society, Interact Club, Key Club, Math/Science Academic Team, Marching Band and Jazz Band (Youth) (5-29-09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (5-18-09) Senior, Flour Bluff High School. Activities include: Flour Bluff NJROTC, Boy Scouts, and University Preparatory Program. (Youth) (5-29-09) Registered Representative/Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4-21-09) Willie R Hardeman, Sr. Federal Investigator, Federal Government. Attended College. Activities include: NAACP and AARP. Recipient of Torch Bearer Award and State Civil Rights Award. (6-11-09) Eric Holgum Currently Student at Texas A&M University-Corpus Christi. Activities include: Beta Theta Pi Fraternity, Presidents Ambassador, Student Representative, Student Government Association and Homecoming Committee. (3-9-09) Mariah Howard Senior, Mary Carroll High School. Activities include; Youth Advisory Committee, Environmental Society, and Junior Council, (Youth) (11-10-08) 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. (6-4-09) Judith Labeck Received B.A. from Seattle University, Seattle, Washington, Master of Social Work (MSW) and Master of Healthcare Administration from University of Minnesota, Minneapolis Minnesota, Activities include: Former Member of City ,nof Plymouth Minnesota Human Rights Commission. (1-20-09) Peter G. Me lve Joel S. Mumphord Rosa E. Pizzi Samantha Sandate Woodrow Mac Sanders Brian Solarek Sallie Spradlin Arthur J. Valdez Elias Valverde Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3-2-09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5-21-09) CEO/Executive Director, Corpus Christi Metro Ministries, Inc. Received BA. in English and MA. in Economics from St Mary's University, San Antonio, Texas. (2-9-09) Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae-Kwon-Do and Challenge Academic Team. (Youth) (5-29-09) Medical Social Worker, Texas Department of State Health Services, Received Bachelor of Arts from Texas A&I University, Kingsville, Master of Science- Psychology/Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4-24-09) Logistics Lead, Boeing, Received Bachelor's Degree in Management. (4-14-09) Self-Employed, Piano and Voice Teacher. Substitute Teacher. Activities include: Beach Clean Up Days, Member of the Corpus Christi Museum of Science and History, Parent/Reading Readiness Volunteer at Seashore Learning Center, Volunteer Grief Counselor, Pastoral Counselor, and Music Director/Stage Manager/Supervisor at Harbor Playhouse. (6-26-09) SAH Agent/Senior Appraiser, Department of Veterans Affairs, Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 30-09) United State Pretrial Services Officer, United States Pretrial Services, Received BA from University of Houston and MA from University of New Mexico. Activities include: Youth Coordinator at Kelsey Memorial United Methodist Church and Youth Ministries in Southern District of Rio Grande Conferem, (6-4-09) Denise S. Villagran Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign, (4-1-09) Janet Zuniga Senior, West Oso High School. Activities include: Student Council and Interact Club. (Youth) (5-29-09) -21- LANDMARK COMMISSION Three (3) vacancies with terms to 11 -20 -09 and I 1 -20- 10 representing the following categories: 1- Real Estate, 1- Title Search and 1- Regular Member. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City, COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission. Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS on Grossman (Real Estat ichelle Braselton (Title Search) Bunny Tinker (Historian) Anita Eisenhauer (Historian) Arthur Zeitler (Regular Member) Randi Evans (Regular Member) David Brown (Architect), Chair Mary Lou Berven (History Teacher) ** *Reagan Sahadi (Regular Member) James E. Klein (History Teacher) Craig Thompson (Engineer) Leo Rios (Real Estate) Susie Rucker (Regular Member) Marie Guajardo (Regular Member) Herb Morrison (Architect), Co -Chair TERM 11 -20 -09 11-20-10 11-20-09 11-20-11 11 -20 -09 11 -20 -10 11 -20 -10 11 -20 -11 11 -20 -10 11 -20 -11 11 -20 -11 11-20-11 11-20-10 11- 20.11 11 -20 -09 The Landmark Commission is making the following recom endations: ORIGINAL APPTD. DATE 5 -15 -01 11 -09 -04 5 -15 -01 12-12-06 12 -12 -06 2 -19 -08 3 -02 -04 11.11 -08 2 -19 -08 -08 3 -02 -04 2-19-08 2 -19 -08 3 -11 -08 3 -02 -04 Realignment of the following member. Arthur Zeitler from Regular Member to Title Search New appointments of the following members. Real Estate Category: Kris Cardona Regular Member Category Kim Charba and Susan Ashley Kesler Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned __ * * * *F7vranrtari niirnhPr. ref ohcanrr c ollnnrcrl }n, nr snanre INDIVIDUALS EXPRESSING INTEREST Rodney Buckwalter Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, BA. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Ad:. isory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6-5-09) Kris M. Cardona Escrow Officer, Stewart Title of Corpus Christi. Activities include: Association of Realtors, Builders Association, and Bay Area Fellowship. (Real Estate or Tide Search) (5- 13-09) Kim Charba Business Consultant, American Dairy Queen. Received BS from Texas A&M University, College Station. Activities include: Women's Shelter and Children's Miracle Network Telethon. (4-15-09) Patrick Geary Owner, Fiesta Insurance Corporation, Attended University of Houston. Who's Who Among American Small Business Owners. Activities include: Beach and Boating. (5-18-09) Chris Hamilton James Hoenscheidt William Paul Hunt Susan Ashley Kesler Vice-President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Member of the CCCIC/Loan Review Committee. (12-10-08) Broker Associate, Joe Adame & Associates, hie. Attended College. Special Award for Value Improvement Program (Real Estate) (5-28-09) 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. (6-4-09) King High School Teacher, Corpus Christi Independent School District. Received A.A.S. in Legal Assisting from San Antonio College, B.A. in Criminal Justice from University of Texas at San Antonio, Law Courses from St Mary's School of Law and Graduate Courses in Education from University of St. Thomas. Activities include: National Association of Legal Assistants — Certified Paralegal (CP), Texas State Historical Association, Texas State Genealogical Society, and National Genealogical Society. (7-1-09) —23— Stefany Tegeler Schade Self-Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A&M University-Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5-28-09) Sean M. Thorson Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University, University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno-King Youth Club. (Real Estate) (6-2-09) Allen Wahistrom Firefighter-EMT, Naval Air Station, Corpus Christi Fire & Emergency Services Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (5-11-09) -24- Requested Council Action: 7/7109 Alternate Council Date: 7/14/09 COUNCIL MEMO " ° DUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No CBCOG -9 -4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $219,083.19, of which $18,256.93 is required in FY08 -09. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY08 -09 and have been requested for FY 2009 - 2010. att Food Service Corpus Christi. Texas 152 Items $91,883.27 BA GROUND: Award Bas Funding Performance Food Group Victoria, Texas 91 Items $127,199.92 d Total: $219;083.19 These food items will be u by Senior Co unity Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments ( CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council of Aging, Duval County Elderly Program, Bee Community Action Agency, Community Action Corporation of South Texas (C. A. C.O. S. T.) headquartered in Alice, Texas, Kleberg County Human Services, Live Oak County Elderly Program, Nueces County Senior Community Services, and Refugio County Elderly Services. The recommended award is based on only bid, low bid and low bid meeting specifications. Items awarded as low bid meeting specification are based upon the quality and/or packing standards identified in the bid documents. Senior Community Services 520070 -1020 -13030 520070- 1067 - 00000 - 810509 (MOW) 520070 -1067- 00000 - 810809 (ENP) el Barr Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com —27— Total .. (FY08 -09) $8,945.90 3,286.25 6,024.78 $18,256.93 COUNCIL OF GOVERNMENTS- STAPLES, EAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Council Date: July 7, 2009 Bid Tabulation: CBCOG -09 -5 LaBatt Food Service Corpus Christi, Texas Canned Fruit, Canned Vegetables, Dried Vegetables; Canned Meat; Condiments Dressing, Juices, Oil and Shortening, Relishes, Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Poultry, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert, Bread and Dairy Performance Food Group Victoria, Texas Canned, Fruit, Dried Fruit, Canned Vegetables, Dried Vegetables, Canned, Meat, Condiments, Dressing, Juices, Relishes, Soup & Bases, Spices, Starches and Pasta, Sugar & Products Miscellaneous Products, Beef, Pork, Poultry, Frozen Vegetables, Frozen Fruit & Dessert, Bread, and Dairy 883.27 $127,1'99.92 Grand Total: $219 083:19 —28— 4 CITY COUNCIL AGENDA MEMORANDUM City uncil Action Date: 07/07/2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute an agreem with Del Mar College for use of the College's training field and the Police Departments firing range. ISSUE: The Police Department and Del Mar College share facilities and must h agreement designating usage, etc. BACKGROUND: The Police Department and Del Mar College have been partners in the education of area law enforcement officers for many years. This agreement outlines the details for the sharing of the Del Mar training field and the Police Departments firing range for training purposes. REQUIRED COUNCIL ACTION: Approval of the affiliation agreement. CONCLUSION AND RECOMMENDATION: Approval of the affiliation agreement. M. J. ,alsh Acting Chief of Police mike©cctexas.com 886 -2805 Attachments: Interlocal agreement RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH DEL MAR COLLEGE FOR USE OF THE COLLEGE'S TRAINING FIELD AND THE POLICE DEPARTMENTS FIRING RANGE. 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 execute an agreement with Del Mar college for use of the College's training filed and the Police Department's firing range. ATTEST: THE CI OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FOR : June 27, 2009 A, Yo -#t A sistant City Attorney For City Attorney Corpus Christi, Texas Corpus Christi, Texas -32- AFFILIATION AGREEMENT BETWEEN DEL MAR COLLEGE AND THE CITY OF CORPUS CHRISTI This Affiliation Agreement is entered into by and between Del Mar College, hereinafter referred to as "College" and City of Corpus Christi, a Texas Home-Rule municipal corporation, hereinafter referred to as "City," for its Corpus Christi Police Department, hereinafter referred to as "Police Department". It is mutually agreed between the College and City that when Police Department is using College's training field: 1) COLLEGE will: a) Provide Police Department with access to the training field for training purposes; said access will be scheduled through the College; b) Maintain a schedule of all training field resources and their availability, c) Provide a qualified technician to operate training props except as noted in 2) f) below; and d) Provide Police Department with parking, as available College assumes no responsibility for damage or theft to vehicles as a result of being placed on College property. 2) POLICE DEPARTMENT will: a) Provide supervision, in conjunction with the faculty from the College, for Police Department training participants; b) Reimburse College for consumables used in Police training (e.g. simunition); c) Reimburse College for any damage caused to the facility by negligence or misuse, d) Cooperate with College in the future development of the training field; e) Pay College the current adjunct faculty lab hourly rate for the qualified technician provided by College as referenced in 1) c) above, not to exceed $2,500.00; and Designate at least two Police Department personnel, with College consent, to be trained as technicians to operate props on the College training field It is further agreed between the College and City that when College is using Police Department's firing range: 3) COLLEGE will a) Maintain a qualified rangemaster on site during all College training at the firing range; b) Reimburse Pollee Department for consumables used in training (e g. target frames); c) Reimburse Police Department for any damage caused to the facility by negligence or misuse; d) Cooperate with Police Department in the future development of the firing range; e) Pay City the current hourly rate for the qualified rangemaster provided by the Police Department as referenced in 4) d) below, not to exceed $2,500,00; and f) Designate at least two College personnel, with Police Department consent, to be trained as technicians to operate props on the Police Department firing range. -33- 4) POLICE DEPARTMENT will: a) Provide College with access to the firing range for training purposes; said access will be scheduled through the Police Department; b) Maintain a schedule of all training field resources and their availability; c) Provide College with parking, as available. Police Department assumes no responsibility for damage or theft to vehicle as a result of being placed on Police Department property; and d) Provide a qualified rangemaster on-site except as noted in 3) a) above. 5) College may request the removal of any student or instructor whose conduct or work may have a detrimental effect on safety or student learning. 6) Neither party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. 7) The City Manager is authorized to execute amendments to this Agreement which do not change the essential purpose of this Agreement. 8) The term of this agreement shall begin on the final date of execution by all parties, and shall continue for one year which renews automatically for successive one year terms until written notice of termination is provided to the other party at least 30 days prior to the end of the term. However, either party shall have the right to terminate this agreement on a 30 day written notice to the other party, For this purpose, notice must be sent to Marjorie Villani, Del Mar College, 101 Baldwin Blvd, Corpus Christi, Texas 78404; Chief Mike Walsh, Corpus Christi Police Department, 321 John Sartain Street, Corpus Christi, Texas 78401 Agreed to and executed by all parties: Del Mar College Dy'Mark Escarnillm President ALLA /414.441„ 44 Odor to Plain. Interim Vice President of Mstruction City of Corpus Christi (Date) Angel Escobar, City Manager (Date) ate) Mike Walsh, Acting Police Chief Approved as to Legal Form: Yv1 eA. A stant City Attsmey (for City Attorney) -34-- telas 111 ( ate) 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' -35- CITY COUNCIL AGENDA MEMORANDUM City Council Action Dale: July 7, 2009 AGENDA ITEM: Resolution Authorizing the City Manager or his Designee to Execute an Interlocal Agreement and Related Documents with the Port Of Corpus Christi Authority of Nueces County. Texas ('POCCA') to Jointly Fund Gas and Water Line Adjustments and Relocations for the Joe Fulton International Trade Coiridor Project - Phase II. ISSUE: The project will allow the completion of the Joe Fulton Trade Corridor, The project is funded by TXDOT which requires the adjustment and relocation of utilities to a location outside the pavement area. The City has gas and water lines which must be relocated at local expense requiring an Interlocal agreement to proceed with the project. REQUIRED COUNCIL ACTION: The City Council's adoption of this resolution is necessary for the City to allow PCCA to move forward with engineering contract to design the utility adjustments and relocations and to award the construction contract. RECOMMENDATION: Adoption of the proposed afutio tommenged. Pete.Arleya. RE. Dirr -o or of E rig Services ibbie arrottui,, P.E. Director oI Gas Services Exhibit A: Background Information Exhibit B: Resolutionllnterlocal Summary Exhibit C: Site Location xVicuS GEN STREETS1fwzon :lFinaanadnaselt.:v.a! -39- Exhibit A Page 1of2, BACKGROUND INFORMATION ADDITIONAL INFORMATION: The project will result in a reconstructed wider roadway section between from a substandard two (2) lane roadway to a new two (2) lane roadway with 12 -foot wide travel lanes with 10 -foot wide shoulders. The work to be done during Phase II will result in a roadway section that matches the roadway constructed during Phase I. The project enhances the efficiency of Port operations. The project is deemed essential to the development of new industries on the north side of the ship channel. The project also provides for the removal and replacement of an 8 -inch diameter asbestos concrete water line with a new 16 -inch diameter ductile iron water line. The larger line will better serve future industrial growth on the north side of the Ship Channel. The new 16 -inch water line will extend some 6,811 linear feet from the vicinity of the Avery Point pipeline crossing to connect to the 24 -inch diameter water transmission line near the old Tule Lift Bridge site _A total of 13,615 linear feet of existing 8 -in asbestos concrete water line will be removed along Navigation Boulevard, (Some of that line was abandoned in place several years ago.) POCCA will pay 100% of the engineering cost of engineering design services and preparation of plans, specifications and contract documents to adjust gas and water lines. The City will pay for the cost of gas line adjustment and relocation costs. The gas line will have valves and tees beyond the proposed pavement area installed prior to October 1, 2009. This will allow efficient relocation of the gas lines out from under the pavement within two (2) years after completion of the roadway work by the contractor. The existing gas lines would be filled and abandoned in place. The City and Port would each pay one -half of the cost of adjustment and relocation of the water lines based on the bid price. The City would also pay 1% of the bid price Texas Department of Transportation engineering and contingency costs ("TxDOT-E/C"). PAYMENT: The City will pay POCCA one-half the actual amount bid for water line work, plus 1% TxDOT- E/C as for the water line utility construction within 60 days of the letting date of the Fulton Corridor -Phase II project contract. The preliminary estimate of the cost of the water line adjustment and relocation with a 5% contingency is $1,257,075,75: Based upon the cost estimate the City's share would be $628,537,.88 plus 1% for TXDOT E/C fee or $6,285.38. The actual cost will be based on the actual bid price. HA HOMEV( EVt N51GENlSTREETSUFuItonUFU ltonPhaseltVtwdBkg , .doc The anticipated letting date is July 14, 2009 with City funding required approximately September 14, 2009. FUNDING: Funding for the installation of the Gas valves and tees will be from the Gas Department Operating Fund. Funding for the Water line adjustment and relocation will be from the Water CIP Fund (FY 2009 -2010 Capital Budget). Funding is not required at this time. Exhibit A Page 2 of 2 HAHOMEK INSZ ENtSTREETSUFuhonUFultonPhasellWwtlBkgExhA .doc. —41- RESOLUTION SUMMARY Whereas, the Joe Fulton International Trade Corridor Project — Phase II ( "Project ") will allow the completion of the Joe Fulton Trade Corridor, enhances the efficiency of Port operations, and is deemed essential to the development of new industries on the north side of the ship channel; and Whereas, the Project is funded by the Texas Department of Transportation ( "TXDOT'), which requires the adjustment and relocation of utilities to a location outside the pavement area; and Whereas, the City has gas and water lines which must be relocated at local expense, requiring an interlocal agreement to proceed with the Project; and Whereas, the Port of Corpus Christi Authority ( "POCCA ") will pay 100% of the engineering cost of engineering design services and preparation of plans, specifications and contract documents to adjust gas and water lines; and Whereas, the City will pay for the cost of gas line adjustment and relocation costs; and Whereas, the City and POCCA will each pay one -half of the cost of adjustment and relocation of the water lines based on the bid price; and Whereas, the City will also pay 1% of the bid price Texas Department of Transportation Engineering and Contingency Costs ('TxDOT- E/C "); and Whereas, the City will pay POCCA one -half the actual amount bid, plus 1% TxDOT- E/C as for the water line utility construction within 60 days of the letting date of the Fulton Corridor -Phase II Project Contract; and Whereas, the preliminary estimate of the cost of the water line adjustment and relocation is $1,000,000.00, for which the City would be responsible for half the bid cost; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City Manager or his designee is authorized to execute the Interlocal Agreement attached hereto with the Port of Corpus Christi Authority of Nueces County, Texas ( "POCCA ") and all related documents necessary to jointly fund gas and water line adjustments and relocations for Joe Fulton International Trade Corridor Project — Phase II. —42 Exhibit B Page 1 of 4 SUMMARY - INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ( "Agreement ") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the PORT AUTHORITY OF CORPUS CHRISTI ( "PCCA "), acting by and through its governing body, the Port Commission. This Agreement is made pursuant to Chapter 791, Texas Government Code, and is as follows: SECTION 1. PURPOSE FOR PARTICIPATION. City and PCCA desire to fund the adjustment and relocation of water and gas utilities as provided in this Agreement to facilitate the construction of the Joe Fulton International Trade Corridor— Phase II Project ( "Fulton Corridor - Phase II ") for the mutual benefit of the parties and the residents of City and PCCA. SECTION 2. OBLIGATIONS OF CITY AND PCCA. For and in consideration of the covenants and agreements of the parties set forth herein, City and PCCA agree to participate in the funding of costs, including engineering, construction and maintenance to adjust, relocate and maintain the water and gas utilities necessary to facilitate the construction of the Fulton Corridor- Phase II as follows: (a) Engineering Services. PCCA agrees to pay for the engineering services to design and prepare construction plans to adjust and relocate the water line utility. (b) Gas Line Construction. City agrees to pay for the construction to adjust and relocate the gas line utility. The gas line utility will have valves and tees installed prior to October 1, 2009, when the Contractor begins road construction to allow for the gas line utility to be efficiently relocated from beneath the pavement within 2 years of the end of roadway construction. The existing gas line utility will be grouted in place, (c) Water Line Construction. City and PCCA agree to each pay one -half of the construction cost to adjust and relocate the water line utility based on amounts bid for such work, plus 1% of the actual construction cost of the water line for Texas Department of Transportation engineering and contingency costs_('TxDOT- E/C "). (d) Payment Dates. City will pay PCCA one -half the actual amount bid, plus 1% TxDOT- VC as stated in Section 2 (c) for the water line utility construction within 60 days of the letting date of the Fulton Corridor -Phase II project contract which includes construction to adjust and relocate the water fine utility. (e) Contract Management. PCCA will be responsible for contract administration during construction to adjust and relocate the water line and gas utilities at its expense. City will provide oversight inspections, as needed, at its expense. (f) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the PCCA and City as required by Chapter 79, Texas Government Code. Exhibit B Page 2 of 4 —43— Maintenance. After the construction warranty period of one year from the acceptance date has expired, City will maintain the water line and gas utilities. (h) Easements. PCCA will grant the City access to any of its property or easements for the maintenance of the water line and gas utilities: SECTION 3. TERM OF AGREEMENT. Initial Term. This Agreement shall be for an initial term of one year This Agreement is subject to extension from year to year by either party upon written notice provided to the other party at least sixty (60) days prior to the expiration of the initial term or any extension. SECTION 4. CHANGE ORDERS Water Line. City and PCCA will each be responsible for payment of one half the cost of change orders for the water line adjustments. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. Reimbursement by City to PCCA will include the 1% TxDOT E & C fee described in Section 2 (c) of this Agreement. SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either PCCA or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (c) Written Amendment.. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. (e) Non- Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance, Exhibit B Page 3 of 4 -44— Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Reinvestment Zone or any Port Commissioner, officer, agent or employee of District. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. —45— Exhibit B Page 4 of 4 File \Mproject\coijncfle4,fbits\JQE—FLILTQN—PHASEZdwg Joe Fulton International Trade Corridor tieres RI F.M. 624 ECTLOCAT7O low C.C.I. AIRPORT LOCATION MAP NOT TO SCALE Joe Fulton International Trade Corridor PROJECT SITE VICINITY MAP NOT TO SCALE I IT -C° JOE FULTON INTERNATIONAL TRADE CORRIDOR PROJECT - PHASE 2 -46- COUNCIL CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: loll DATE: 07-07-2009 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT AND RELATED DOCUMENTS WITH THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS ( "POCCA ") TO JOINTLY FUND GAS AND WATER LINE ADJUSTMENTS AND RELOCATIONS FOR THE JOE FULTON INTERNATIONAL TRADE CORRIDOR PROJECT — PHASE II. Whereas, the Joe Fulton International Trade Corridor Project — Phase II ( "Project ") will allow the completion of the Joe Fulton Trade Corridor, enhances the efficiency of Port operations, and is deemed essential to the development of new industries on the north side of the ship channel; and Whereas, the Project is funded by the Texas Department of Transportation ( " TXDOT'), which requires the adjustment and relocation of utilities to a location outside the pavement area; and Whereas, the City has gas and water lines which must be relocated at local expense requiring an interlocal agreement to proceed with the Project; and Whereas, the Port of Corpus Christi Authority ( "POCCA ") will pay 100% of the engineering cost of engineering design services and preparation of plans, specifications and contract documents to adjust gas and water lines; and Whereas, the City will pay for the cost of gas line adjustment and relocation costs; and Whereas, the City and POCCA will each pay one -half of the cost of adjustment and relocation of the water lines based on the bid price; and Whereas, the City will also pay 1% of the bid price Texas Department of Transportation Engineering and Contingency Costs ('TxDOT- E/C "); and Whereas, the City will pay POCCA one -half the actual amount bid, plus 1% TxDOT- E/C as for the water line utility construction within 60 days of the letting date of the Fulton Corridor -Phase II Project Contract; and Whereas, the preliminary estimate of the cost of the water line adjustment and relocation is $1,000,000.00, for which the City would be responsible for half the bid cost; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City Manager or his designee is authorized to execute the Interlocal Agreement attached hereto as Exhibit °A° with the Port of Corpus Christi Authority of Nueces County, Texas ("POCCA ") and all related documents necessary to jointly fund gas and water line adjustments and relocations for Joe. Fulton International Trade Corridor Project — Phase II. 070709 R E S 0 Interlocal Agreement POCCA, Joe FUQont4rder Project ATTEST: Armando Chapa City Secretary Approved as to form: 25- Jun -09 U Veronica Ocanas ti Assistant City Attorney for City Attorney 070709 R E S'.0 Interlocal Aureement PDCCA. Joe Fu CITY OF CORPUS CHRISTI Joe Adame Mayor CITY CO CIL AGE A MEMORANDUM City Council Action Date: June 9, 2009 AGENDA ITEM: Ordinance authorizing City Manager, or 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 Oak Park Park and l3ayview (Hi. Williams) Park; providing for severance; and providing for publication. ISSUE: The purpose of this lease, between the City and the Texas Commission on Environmental Quality (TCEQ), is to enable TCEQ to maintain the existing continuous air monitoring stations installed in 2004, which are a part of a larger air monitoring network. The air monitoring network and data publication services are designed to protect public health and safety by collecting and disseminating the information to the public via the TCEQ website as soon as possible following data validation. The air monitoring stations record concentrations of hydrogen sulfide, sulfur dioxide and volatile organic compounds including benzene and meteorological data The air mcmitoring stations will not restrict public access or activity. This lease is a renewal of a previous agreement. REQUIRED COUNCIL ACTION: This type of agreement requires City Council approval. PREVIOUS COUNCIL ACTION: Ordinance 025571, original lease agreement on December 9, 2003. CONCLUSION D CO 1 t ATION Staff recommends approval of this item. Attachment: Lease Agreement Background —51— Sally Gay. i , irecto Parks an Recreation Department 361- 826 - 3464 Sallya(ncctexas.com (UT a result of re! $10,000,000 to fund coordination with th P3 :lion Agency. : :. <'t con: ; — .. "lance --- it :' lak P; A &M Heusi - -- — tort outhem : t u " " °5 .0,000, lu ment the court ordered cond ?Mane Camera Installal >n April 9, 20011 iiring water remedial ?roi:+ir.:> °:::. .r n on Environs Qi aiitv n n • ,?,n T n it Blue dots- •.-.'.t 1.4 -.... 9. Red d .'t s U COOP �:-,.P tire$ ' I Peggy Sumner r. Eugene Billiot Ms. Joyce Jarmon Min Gr�_,zir, L. : :w d Corpus t- e U.S. Environm: pay .ith air monitoring instruments ' Pro;: °,et monitoring sites, s operated by Texas i (VA8 ) ..:.:. d , . h .. ..ns ..dd consu..... ro'ect t mi- annually to assist ti e r i y of Texas at Austin team in i titles. The current VAB i_= ii !ed below. Ms. r,s} `> ;er br. Or l:\ —52— AN ORDINANCE AUTHORIZING CITY MANAGER, OR 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 OAK PARK PARK AND BAYVIEW (N.J. WILLIAMS) PARK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease Agreement, with a five year renewal option, at the discretion of City Manager, or designee, with the Texas Commission on Environmental Quality for two, air monitoring station sites at Oak Park Park and Bayview (H.J. Williams) Park. The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 6151 day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years, with an option to renew for an additional five (5) year period; and the second and final reading of this ordinance is at least twenty eight (26) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. TCEO. Air Monitoring Cease. ORDINANCE —53— That the foregoing ordjp ce was read for the first time and passed to its second reading on this the /T� day of_ ,'2009, by the following vote: Joe Adame /„ Priscilla G. Leal Chris N. Adler John E. 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 Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: 261' day of May, 2009: R. ri9y eining First Assistant City Attorney For City Attorney TCEQ Air Monitoring Lease 5 +5 Ordinance 05182009 —54— Joe Adame Mayor 2 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY STATE OF TEXAS COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS This lease is entered into by and between the City of Corpus Christi, a Texas home ru municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the Texas Commission on Environmental Quality, acting through its duly authorized agent, Matthew R. Baker, P.E., Monitoring Operations Division. Section 1. Definitions. For the purposes of this Lease: Abandoned means that the Leased Premises become vacant or deserted for a continuous period of (30) thirty days. City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Park and Recreation Department. Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises means that portion of Oakpark Park and Bayview (H.J. Williams) Park found in Exhibits "A" and "B ". Lessee means the Texas Commission on Environmental Quality (TCEQ) or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. TCEQ Air Monitoring Lease 5 +6.05182009 Page i of 12 ExhitViC Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to install and maintain a continuous air monitoring station. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Leased Premises. The Leased Premises are certain real property, generally described as an area of land on Oakpark Park and on Bayview (H. J. Williams) Park and more specifically described on the attached and incorporated Exhibits "A" and "B ". Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold, City does not warrant its title to the Leased Premises. This Lease, and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for period of five (5) years, unless sooner terminated under another section of this lease. This Lease begins on the 61st day after final approval by the City Council. Section 7. Option to Renew. The Lessee has the option to renew this lease for five (5) years on the same terms and conditions as set out in this lease. Lessee must exercise this option by giving the City notice at least thirty (30) days prior to the last day of the term of the lease. Section 8. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises this Lease terminates automatically and City Manager may take immediate possession of the Leased Premises. Section 9. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to 'the effective date of termination. c. If the cessation of use occurs and continues for one (1) year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this TCEQ Air Monitoring Lease 5 +5 05182009 Page 2 of 12 —56— Lease by giving Lessee at least thirty (30) days notice prior to the effective termination date. d. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in this Lease. Upon termination or expiration of the Lease, the Lessee must remove the improvements from the Leased Premises. Section 10. Surrender. Subject to the holdover provisions in this Lease, Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage, or destruction where Lessee is without fault, excepted. Section 11. Consideration. a. For and in consideration of the rights and privileges granted in this lease, Lessee agrees to allow the City full access, via the Lessee's web page, to the monitoring information gathered by Lessee from the air monitoring station situated at the Leased Premises during the entire term of this Lease. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior consent of the Director. b. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director for review. c. If the Director consents to the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction and the construction is subject to inspection by the Director, City's Building Official, Director of Engineering Services, and their designated representatives. Section 13. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. TCEQ Air Monitoring Lease 5 +5 05182009 Page 3 of 12 —57— d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 14. Signs. a. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval:: b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (30) days of Director's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 18. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. TCEQAir Monitoring Lease 5 +5 05182009 Page 4 of 12 -58— Section 19. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Section 20. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 21. Utilities. Lessee shall pay for all utilities related to usage of Premises. Failure to pay any utility bill(s) prior lo the due date constitutes grounds for termination of this Lease. Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Indemnity. To the extent authorized by law, and in consideration of allowing Lessee to use the Premises, Lessee ( "Indemnitor ") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused TCEQ Air Monitoring Lease 5 +5 05182009 Page 5 of 12 —59— or is claimed to be caused by the contributing or concurrent negligence of lndemnitees, or any of them, but not if caused by the sole negligence of lndemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. Section 24. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit C, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit A, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. Section 25. Default. Any of the following events constitute default under this Lease: (1) Failure to pay utilities before the due date. TCEQ Air Monitoring Lease 5 +5 05182©0 Page 6 of 12 -60— (2) Failure to perform scheduled maintenance. (3) Abandonment of the Premises. (4) Failure to maintain any insurance coverages required in this lease. (5) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease, Section 26. City's Remedies on Lessee's Default. a. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the, notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in, the name of the whole and, upon the entry, this Lease terminates. b. In the event of default by Lessee under Section [26], the City has the option to pursue any one or more of the remedies provided in this lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy: (1) The City may enter into and upon the Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. (2) After retaking possession as set out, in paragraph 1 of this section, or upon abandonment of the premises by Lessee, the City may at the City's option relet the premises or any part of the premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this lease. The term of such reletting by the City is evidence of the fair rental value of the premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this lease for the balance of its term exceeds the fair rental value of the premises for that period. Section 27. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to in any other way enforce the Page 7 of 12 61— TCEQ'Ai ,eas8 5+5 05182009 provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorney's fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 28. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 29. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 30. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods; (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service: Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi TCEQ Attn: Director of Park and Recreation P.O. Box 13087 P. 0. Box 9277 Austin, Texas Corpus Christi, Texas 78469 -9277 78711 -3087 d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section, Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 31. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities: The delays or failures to perform extend the period of performance until these exigencies have been removed, The Lessee shall inform the City in writing TCEQ AirMcnilorinp tease 5+5 0 Page 8 of 12 —62— of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 32. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 33. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 34. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 35. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 36. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 37. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 38. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 9 of 12 —63— TCECI Air Monitoring Lease 5 +5 05182009 unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 39. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 40. Entirety Clause: This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 41,. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 42. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. Section 43. Effective Date. This Lease is effective on EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of July, 2009. TCEQ Air Monitoring Lease 5 +5 05182009'. Page 10 ' of 12 —64— LESSEE: TE S CO ISSION ON ENVIRONMENTAL UALITY By: Matthew R. Baker, F.E. Monitoring Operations Division STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on June, 2009, by Matthew R. Baker, P.E,, Monitoring Operations Division, on behalf of the Texas Commission on Environmental Quality. TCEO Air Monitoring Lease 5+5 Notary Public, State of Texas Page 11 of 12 —65— ATTEST: CI OF CORPUS CHRISTI Armando Chapa City Secretary 'Angel R. Escobar City Manager APPROVED AS TO LEGAL FORM: This day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on July , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. TCEO,Air Mon Loring Lease 5.5 051 82009 Notary Public, State of Texas Page 12. of 12 66— 7 NO A ACHMENT FOR THIS ITEM -69-- 8 AGENDA MEMORANDU PUBLIC G — ZONING (City Council Action Date: July 7, 2009) Case No 0509 -04: A request by Willard H. Hammonds, individually, and as independent executor of the estate of Jeannine D. Hammonds, for a change in zoning for the 1,0007 acre tract of land out of Lot F -2, Wilkey Addition Unit 2, from the "A -1" (Apartment House) District and an "A -2" (Apartment House) District to a "B -4" (General Business) District resulting in a change of land use from vacant to business, generally located south of South Padre Island Drive, west of Airline Road, north of Williams Drive, and east of East Manor Drive. Planning Commission's and Stairs Recommendation (Mao 27, 2009): Planning Commission and staff recommend approval of the Applicant's request for a change in zoning from the "A -1" (Apartment House) District and "A -2" (Apartment House) District to the "B -4" (General Business) District for the construction of overflow parking consisting of 82 parking spaces for two proposed restaurants that will front on South Padre Island Drive. Requested Council Action: Approval of Planning Commission's Recorr ndattons. Request: The applicant, Mr. Willard H. Hammonds, individually, and as independent executor of the estate of Jeannine D. Hammonds, is requesting a change of zoning on 1.007 acres from the "A -I" (Apartment House) District and "A -2" (Apartment House) District to the "B-4" (General Business) District for the construction of overflow parking consisting of 82 parking spaces for two proposed restaurants that will front on South Padre Island Drive. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned "A -1" (Apartment House) District and "A -2" (Apartment House) District. The purpose of the "A -1" (Apartment House) District is to provide for medium - density, multiple - family residence and is usable for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. The "A -l" District requires a 20 -,foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum 30 foot setback. The purpose of the "A -2" (Apartment House) Zoning District is to provide a district with a residential use with a higher density capability and other uses (i.e. Non - profit, religious, educational, philanthropic institutions, hospitals, nursing homes and homes for the aged). Residential density is a mum of 36.3 units per acre: The "A -2" (Apartment House) District requires a 20 -foot front yard setback and 5 foot side and rear yard setbacks, with a minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. Proposed Zoning The applicant is requesting a change in zoning to the "B -4" (General Business) Zoning District. The purpose of the "B -4" (General Business) District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off- site advertising uses are among the uses which are not allowed in the "13-0" District. The "B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required, Transportation and Circulation: The subject property has access to Williams Drive, Currently, Williams Drive is a 25 foot, 2 -lane, C3 Urban Collector street: The Urban Transportation Plan calls for the improvement of Williams Drive, increasing its capacity to 75 feet in width, as a 4- laneUrban Collector street. -73- Notification: Of the seven (7) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council fora change of zoning to be approved, rather than 'a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM/dlg Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) H;WLN- D[R\SHAREthi Planning Co Juan Perales, P:E., Interim Assistant City 'anager of Development Services Email: johnnyp @cctexas;com Phone: 361- 826 -3828 LR 4\0309.04. Witlard am 50 Agend. Memo doc Senior Planner CITY COUNCIL ZONING REPORT Case No.: 0509-04 Planning Commission Hearing Date: July 7, 2009 41 14 .5: Address- 5854 Williams Drive -EL Legal Description/Location: 1.0007 acre tract of land out of Lot F-2, Wilkey Addition 1 Unit 2, generally located south of South Padre Island Drive, west of Airline Road, north of Williams Drive, and east of East Manor Drive. Applicant: Mr. Willard H. Hammonds, individually, and as independent executor of the estate of Jeannine D. Hammonds. Owner Mr. Willard H. Hammonds, individually, and as independent executor of the estate of Jeannine D. Hammonds. Representative: Mr. Murf Hudson, Urban Engineering From: "A-1" (Apartment House) and "A-2" (Apartment House) Zoning Districts To "13-4" (General Business) Zoning District Area: 1.007 acres Purpose of Request: The Applicant is requesting a change in zoning from the "A-1" (Apartment House) and "A-2" (Apartment House) Zoning Districts to the "B-4" (General Business) Zoning District for the construction of overflow parking consisting of 82 parkin spaces for two proposed restaurants that will front on South Padre Island Drive. Site North Zoning "A-1" Apartment House District and "A-2" Apartment House District "13-4" (General Busine District Existing Land Use Vacant Future Land Use Medium-density Residential Commercial Commercial South "R-18" (One-Family Dwelling District) Vacant and Low-density Residential Low-density Residential East "A-1/13-4" (Apartment House/General Business) Districts Vacant Medium-density Residential West "RAH" (One-Family Dwelling District) Public/Semi-Public Public/Semi-Public Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for medium-density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for Medium-Density Residential uses. However, a modification to the plan could be supported for this area since the property is within close proximity to one Expressway area, one Arterial roadway area, and one Collector street area Map No.: 042035 Zoning Violations: None --75-- Zoning Report Page 2 Staff's Summary: Applicant: Willard H. Hammonds Case ti: 0509-04 Request: The applicant, Mr. Willard H. Hammonds, individually, and as independent executor of the estate of Jeannine D. Hammonds, is requesting a change of zoning on 1.007 acres from the "A-1" (Apartment House) and "A-2" (Apartment House) Zoning Districts to the "B-4" (General Business) Zoning District for the construction of overflow parking consisting of 82 parking spaces for two proposed restaurants that will front on South Padre Island Drive. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned "A-I" (Apartment House) Zoning District and "A-2" (Apartment House) Zoning District. The purpose of the "A-1" (Apartment House) District is to provide for medium-density, multi-family residences, and is usable for construction of garden-type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one-family dwelling districts. The "A-1" (Apartment House) District requires a 20-foot front yard setback and a five foot side and rear yard setback for one story structures. The side and rear yards setbacks increase by five feet for each additional story for two and three story structures to a maximum 30 foot setback. The purpose of the "A-2" (Apartment House) Zoning District is to provide a district with a residential use with a higher density capability and other uses (i.e. Non-profit, religious, educational, philanthropic institutions, hospitals, nursing homes and homes for the aged). Residential density is a maximum of 36.3 units per acre. The "A-2" (Apartment House) District requires a 20-foot front yard setback and 5 foot side and rear yard setbacks, with a minimum street frontage of 50 feet and a minimum lot size of 6,000 square feet. Proposed Zoning: The applicant is requesting a change in zoning to the "B-4" (General Business) Zoning District. The purpose of the "B-4" (General Business) District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off-site advertising uses are among the uses which are not allowed in the "B-4" District. The "B-4" District requires a 20-foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10-foot setback is required. Transportation and Circulation: The subject property has access to Williams Drive. Currently, Williams Drive is a 25 foot, 2-lane, C3 Urban Collector street. The Urban Transportation Plan calls for the improvement of Williams Drive, increasing its capacity to 75 feet in width, as a 4-laneUrban Collector street. —76- Zoning Report Page 3 Traffic Count: Applicant: Willard H. Hammonds Case 4: 0509-04 Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW Traffic Volume and Paved 2005 Section Williams Drive C3 Urban Collector 25 foot, paved 75 foot, 4-lane 9,019 Infrastructure Demand: o Water: An 8" water line runs from the property's southwest corner, parallel with Williams Drive to Staples Street. o Wastewater: The City of Corpus Christi bas an 8 inch wastewater line across the street from the subject property running to Staples Street and parallel with Williams Drive. o Stor water: A stormwater line exists and runs parallel with Wililams Drive. o Gas Gas lines do not exist at this site. Public Safety: Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics indicate a decline from 1261 crimes committed in 1993 to 839 crimes committed in 2005. The last year for which statistics are available is 2005. Fire: The closest Fire Station is Sta. # 14, located at 5901 S. Staples Street, approximately 5,925 feet from the subject property (1.12 miles). • Environmental Constraints: o FEMA Flood Zone: Flood Zone C — Areas of minimal flooding, areas outside the 1-percent annual chance floodplain, areas of 1% annual chance sheet flow flooding where average depths are less than 1 foot, areas of 1% annual chance stream flooding where the contributing drainage area is less than 1 square mile. • Comprehensive Plan Consistency: The adopted Future Land Use Map designates the subject property for Medium density Residential uses; therefore, the proposed "B-4" (General Business) Zoning District is not consistent with the City's Comprehensive Plan. However, a modification to the plan could be supported for this area since the property is within close proxiirdty to one Expressway, one Arterial right-of-way, and one Collector Street In addition to the Future Land Use Map, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. —77— Zoning Report Page 4 * CORPUS CHRISTI POLICY STATEMENTS: Applicant: Willard H. Hammonds Case 0509-04 a. ENCOURAGE ALL BUSINESS AREAS TO DEVELOP AND MAINTAIN A PLEASING ENVIRONMENT. A pleasant shopping environment is desirable to attract new shoppers and to coexist with nearby residents. The design of new structures should be sensitive in design to neighboring residential areas. Site planning should include such items as parking areas, landscaping, screening of lights, fumes, and noise from adjoining areas; control of internal auto-pedestrian circulation; access; protection of pedestrians; and open space, Advertising signs should be designed to be compatible with adjacent residential areas SOUTHSIDE AREA DEVELOPMENT PLAN (MO) POLICY STATEMENTS: B.6 - POLICY STATEMENT High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Staff Comment: When a commercial use directly abuts a residential neighborhood extra care must be taken by the City to assure that the impact from abutting uses on the neighborhood will not make residential life an unviable land use Buffering any proposed commercial development from the adjacent residential uses to the south and southeast would be highly recommended, Plat Status: The portion of the subject property is not platted. Department Comments: • The subject property will be utilized as a parking lot to serve proposed restaurants along South Padre Island Drive, Staff and Planning Commission Recommendation: Approval of the Applicant's request for a change in zoning from the "A-1" (Apartment House) and "A-2" (Apartment House) Zoning Districts to the "B-4" (General Business) Zoning District for the construction of overflow parking consisting of 82 parking spaces for two proposed restaurants that will front on South Padre Island Drive, —78- Zoning Report Page 5 Applicant: Willard H. Hammonds Case #: 0509-04 Number of Notices notification area Favor Opposition ailed Total — 7 within 200 foot notification area; _O outside — 0 (inside notification area); (outside notification area) — 0_ (inside notification area); (outside notification area) Attachments: 1. Neighborhood 2007 Aerial 2. Site — 2007 Aerial 3. Neighborhood — Existing Land Use 4. Site —Existing Land Use 5. Neighborhood — Future Land Use 6. Site- Future Land Use 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9, District Uses 10. City Charter — Article V-Planning —19- COMMENTS RECEIVED FROM PUBLIC NOTICES 1 l) Case No: 0509.04 Nam: William H. Hammonds Ckd ed = FAVOR X = OPPI corresponds' ro the ttnched map,) Total number mailed: Returned undeliverable: 7 0 Notices returned 0 wi the 200 -foot notification area: Favor: Oppositi Responses received Favor: Opposit ion • outside 1 0 200 -f t notification ar Res es received from owners llic>tnt of subjec 0 Op lion: 0 IV Unsolicited respo a received concerning ubJ Favor: Opposition: mg, C 0 97 ds -98- ARTICLE 9. `! b• disc (4) -44 HOUSE w G ONS Ord ante when referred to In IS highest density tesidcntiel ertain translmt 11te reguisttons set forth In this nrt or scl f ttstwhtre in this ie rlo ate cite regulau in Ihc' °A -2'" Ap t House District Tkis the rice is ersliy Iccated a wi sin the centre; peat of tho ciey and provide as well as entsesidence and Earn ittstituzihnat uses. V de b3sIlnps- A building or premises ahali b onfy farthe foikowitig ptt Anv sae pt ;tied intht "R »IA" one- family el ling District: c1uhs, Want h snd I m excepting Most Ibe chic: On as A .ant l(espltals; !n mental Ihrt, 4,t Accessory bus 10) A si gial , iortni andphilanihropiclnstittr iog ita and kattses for tko.ttged, but no nt Itntians alrea buildings ar clinics: ions. nli ch Wily dwellings. as follows:^ frentagt am pant I' bill' consisting of t sty (30) square o' king. moving, or ki ten (1Q) re more mutt; i which shall be seiback ten ( height at (20) so snd Icd in (b) Prop "es consisting ofm I nne hundred (1001 feet of au either one (1). forty (40 ) sy foot li Identification sign, Incorporate flashing, moving, ar intcrzni t Illumination or o foot ground or monument freestanding sign pa urding sign shall be set back ten (10) feet feet in height and may be illuminated li Ing shall be directed awsry from traffic flow on the adjnc Cranmgst sre ch sball not ot11 ( ►). { 4p) multi - fatuity properties shall be permitted o rporary basis, not to need thirty days, once a year. tvcd in this district. -99— (Ordine AT 45 Byer limb ad signs perksining to' Iltn I g aok axed tha follovriag paroatct dtvet d wika single-family, duplex, or k aq fed including rider signs, and - uadditio lyona,si P lsallowed, e of a building or premises o (Ordinance 2507, 03170104) ecd a ho Only sign, permitted. For t'fron oiling tiv Only one 151, sign hell; s allowed. The use th -' of this oa strcot fnra c inotu Itontage zmnga c uw or agars cawsw guiaf The parking re ulatimis fbr permitted uses are c fined in Artiste 22. k %oding Regulations 'Tbc all et Iotulkg ipns ftr isctkniktnd use ar¢ crtmuined'u ' tp ta; and 13u 24, and in additio may mooed sixty (60) f it devoted to na hinui nts for Actor so per nen the not apply to dormitories, or s focilitka am pasvided In laid t roma orapaaimenka- Q he' et; ama, tad bulk regulation conialtad in Article 27 ®wing shaII appl 5e atin 9 (40541 100 AT Haight, of. th de 24, which c td have the same to nor described therw ncf yard rcquiremen€ -27 Height, a, and bulk requirements i6 6c asset fonh in:the rations and regal nts shown therein, shsfl tae tt part of this as if all the notations and requlrcmcnta set co rth therein ete' 'R -IA" District all lots In platted subdIvisi ni y comply -18" Maria u minimum requirements. ed in Article 27. 0 R -TA -101 SINESS DISTRICT ULATIONS forth in th fonit tisnwhe In this: tdinanc ovine s is in this disltict s':ia dl ous $ tc istinj or Se se Rego f Skase A building or prembts shalt be used only for the fattativing purpo Any use peraaiti t the " 1 eS( Am nt pl iii,anrclosed buil ding; auditorium, or theater extept open nir deiva -in theaters. Athletic motorcycle,, U code anu4aetuttd iro natcs <an PAR ea S i, 621 62/61 Saks and repair otpiutnbmg, beating thcIrical, and air condhior and tire sales and servi ce within an enclosed building. Wholesale ho square feel in floot Mtn nd billiard parlors. aulI signs are allowed and ULATIONS PERMITS, tstng, and v Milk distributing s io or television bro building. tun. 6j Accessary huiidlna artd uses except that outside stor Is no booboo on the p studios„ and offices, but d auto parts than 6,000 (Ordinance 24566, regulated under ARTICLE 33w AND FILING FEES. N (Ordinance 026735,4/17 mind but ed. —102— (Ordinancoi4S66,6 @1281041 Section Section 16.4 Oftat in Article 2: (19) Pro (20) 5 Taverns, lounges; orbnrs: Automobile roe. peintit#g end y work re building when assoeieted with aerie sales eslablisb mcnL bjcct to tho epeeist tanditlooj szt Car washes. (24) Camper shell sales Corn tai pokinggarage, (26) Automotive repair, n 27A• of a building, hopping censor, (rdlna 23932+' d on are con nted in isle 22. used g Regulations, The off-strat Loading regulations for perm Section 1 U t mitt Area Reg red Ankle 24, and ln'uldition the roll RS Idols The. Stahl Than stall bt a' side yatd not len Ifian tan (10) feet {n wtds oat It 1A ",, 1B"." •IC" ". "A -1 ""A-1A or “Ay on 16.6 `S There shall be a My yard not leas than ten (10) feet in depth on the ream a lot adjoining an° 1A";4l!k- I8"r " "R•1C ' 14-r. "A- 1 ", "A -1 ' °,or "A-2 *residential Any boats, automobiles , recreational vthick% or menutiehired homes displayed formic shall oat be permitted in the yard men required by le 24, (Ordinance 22351, 02/ girt, uea. end _103_ e 27.. ARTICLE I' EIC 0 -49 DISTRICT RE ULATI° :etc, are. trte regular' y for rail! shoppanS brth elsewhere iu this Ordinance where referred w In hberhood Business District, This district provides e developed either es a uuir or in individual 0 pjxt[ ®as. A bsiiid€nk orpraisoa I be d only for flu fbtlor Any use G• • ut the "AB "Prof #0nal 011ica i}isaict Actainchilic itig tals.< Display roam [or sodiss' 0 be sold on tsrder whesn dice (4) up! Si shoo rook, houseliold ,applt s n total type plants, house i al! PP L_ FJVTAL #CN EOU 3f7i .P #1 °S,l't % AN c ign #s fitted wnbin ibis d I8) Pokel Studios: stab ed under ARTICLE 3. MHO PEES. No #Banta 026733, 4117106 }' .rvica tacos lnoludfri,bsOltat sfiops, banks, ile4sciy parlor ss4n cabs, r or telegraphic strvle SU04 s u7th or wi ut sicatioli eragas (excluding tav shall be ao sts tirgroce aps; (10) Self serv#ce Laundries, ouses incwinr 11[y onihe premises or ih it uekfng of within o building ennlaini Section 12- Seello012 -4 Olfsir in Articles 21 —104— Shalt be as of Send 5.01 hall 4e a side yard not I Elsan tent 1 O) Feet in widtt A ","R•1 ",' °R- IC ". "R•2 ",A.1 " } "q.1A^ or .1A. slraiI a rcar yard, rapt th ten {10) feet li A "a"R ^1 `°W"'R "IC ", "Ra2", "A-1", "A.1Ab: 12.5 9 -105— plh on the r A•2" reside Article 27, tS 1 joi 6-1 ARTICLE J1 "AB "AROy - 47 0 ISTRi REG s shoos ut forth in this aittclt, err alt forth alsewttere In this Ordinance whi he regulations In the °AB" fkcfsssional O Disrim. This d strir . >'deSc pmeni of high character in' cfsve undings with types ofu e uses so comrol ed as to be generally compatible with single- family or ntiylmated within ar nd)actnt to shtdistrict. 2 Klee Re ( 1), Any 'us Two-family dwellinp other t ' arsnufar# tipl family dwellings: A bu {7) g or preati thnli b A" 0 ip y Dwttling District. itf activity of which is.' and phila esnrida pie fnstttuuons; rovidcd the full No baildingg may be or display wtndow b't T no duple c id be no Illachiopy Wrloiruncel. telbcr than and in professional ar business eine s, used ar stored iatry' =or equipn lit the building 0 eluding a pharmacist's shop fur dispensing eupants of the building: provided, however, ti the building and further provided Thai rpiided In Ilene (13) of this section: lye o Child ca A nod dicsI iu. sisals no entree eta A business y be conducted witnts the bull ing for the convcniancc rte iding, pro vided there slap be no en tr to such place of business e building and er provided that Mere 'be no extcri� signs sing �h' alluvial and hair s#ylist shop, sendlo et; dancing or ether artistic htsiructfon, provkkd (a) No b h% mny be cons displiay'win 02M8 AB —106— prod II (d) 48 a dispiay from winds wa or doors; on storage of march` 1xe in tlic building pr'ou the !ly t®panuiittd �t Is provided in ul3j nrt on adjacent 01° tier ibathond properties R Etllnery er 1 Ctk No exterior sign aiss11 That shay be no adveri of dust, odor, v to SUP? Reserved, tandlir all'sij AL tOiN REf°iULA eo Iasi P hib regu ATS Al (14) Reserved, Accessory bulldingi and uses I ly' t sales =ovary to the mete use. ( rtes kin re Maria 5735, 411 024713„ 12178 )` Iliad in this district, Inc leg (Otnee 24715, 1211 2101) (ordinance 248t7, 09/11801) Red in Article 21 deg art The ell sirev1 lose ins regular ens foi irted rases we eor t;' , artd ytk itegelatlo Trio holgh and hulk Ariicfe 24, and lie tine roc tirllotvIng re�ulntdon aha11 N+i in 1y iss iar Hoar Wren per acre shall not apply to IInies are vide in divides] rooms err rtlu 1 *4 S moot height. arrd lwlk gulotions cs -107— aiaad in Article 21. ARTICLE S. "R-IA" ONE-FAMILY DWELLING DISTRICT REGULATIONS Section 54 The reguitglons set faith In this article or set forth elsewhere in this GriUnince what referred to In din Wide, art the regulations in the 'LI A" One-famlly Dwelling Dlinict. TIte purpoic of thls dislrkt b to provide for dngte-family residential development of relatively more spacious character together with such public buildings, schools, churches, public reactional facilities and accessory uses, as mry be fleecing or ore normally c orbit with residential surrowsdings. Ihe is located to protect existing *(high character and minim vacant land colts' Settles. 6-2 Use rations. A building or RC '4 44 shod be e for such development In the wily for the following 4 { I) Truck , or annum for hgaro of Mutt; trees and shrubs. hut not inducting the raising for ogle of birds, bees., R . or caw Janne, fish or other treantra to sudi el utub he objettlenbla to SUITO by natora Or Odors noise" at other San, and ided an retail or witinesale buSitt113 office or morn m an the { on U) Lny Uniting% other din manufactured •- pm= balls, tangles, convents. and itiortenerfam (Ordinance 22$5IO2fl ( 4) Congos and =cob, public mid noo-proSt p o and conditions under which g is con d equivalent to public taco' and litaltutions or highs kerning. lo connemion =h. the um nisch premises as a college or school, the mambo* melt he need for sIgnomolod100 Porable Agin which IM widtin !OD feet ot a public sle t for idernming Atm prentilled educational or ttletfa =idle *Ulm or politicizing hat events poifitled ntlii no Op net= my connorsisi m or earnmetatel too 35 percent of the sign arem Sign am within Oa public ern permitted without =rind= wended soh sign don not *orate fleshing. moving, or intennittent illuminerion. The ow= Of signs end scion footage ofpermissible sign area is itOt otherwise - - -limited—Any slaw not itt compliant with this par frir ue of colleges and schnois den tunic end ke 3. ed the =us of a ramsoonforming sign upon the registration of such sign with the Building • or his dui sommtantoive within six INA& of tha effective. date of this ad verWleg for etch sign: gnevereint intrituserprior to inning 1:19at (b) thnt the sigto is toed to or publicize educntion! or oda= athletic nents; 1,4 1.4^4 02/011 444 4'45 (c) the Salim °film sip; sod (4) the patents, of total ragit it�d to a ennottercial logo of All signs i red as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26-11 Nonconforming or this Zoning Ordinence. ( 6) Home occupations. ( 6) Nonprofit librarie.s or rouseumi, art galleries; public utility lnsllatjon for sewer, wets; gas. elntilc and telephone mains and Incidental appurtenances. 7) Public lay ■ golf courses, Cancel miniature golf rniirSel. Putting ginnfirs driving Vingfl and similar lIndvilla °Panted as business). nonpnifit, nongovemmatud public recentioa. and comountinj buildings. —108— 11-1A - 26 - ( 3) Railroad rights-of-way, Including strip of lend with tracks end ancillary facilities for track operations, but not including passenger stations, freight termineLs, switching and classillcation yards, repair shops. rondhouses, power houses, interlocking towers, and hiding. sanding and watering suctions. ( 9) Shell dredging In water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining wet or subdivision and which shill be removed upon completion or abandonment of such construction, or upon the expirstion of a period of two years tiom the time of erection of tub temporary btilidinsp, whichever is sooner. (11) Temporary non-lllurninated signs pertaining to the lease, hire, or side of a Wilding m premises on which such Ilan 15 not exceed the following (Ordinance 7, 03/03/04) taped with single- ily uses, the Sign nip not acted sit (6) squat feet, and t o a d d i t i o n a l l o w the u s e of . 4 4 4 4 i l y a b o x . O n l y one sip per (b) for titsdaveloped properties containhig not less titan dire* (3) aeres and not more then live (5) o9/98. ik 1041)1 00/ ox 1 height deists (8) feet aid sip st-ce of sixteenCIO square fret. Only one sign tier frestage In alkiwod. The use of cote letter-sand 11pr bos per premise h 14 44 CI 44 4 (c) Fornedeveloped =mien excettrig ha (5) actes, tee sign pay- not exceed at height ofeighi () femoral it Sign OM of 31 square fat Only one In per street fronng s ellowed, The ON Of one latareized flyer box otr premise is permitted, For the purposes of this nation, area frontage looludosfromogo along canal or golf tome, - (12)--Cbild (M Accasory Walk= and uses including, haat at a to, private pro" saves tapas. gad paimming moat borne ale grills, s afetreet parking eta spacas custnelarY arch bulledn ead Identification sign, which simil not utilize of Ins, moving, or Vat illionittatios and shalipat exceed thirty (30) spare feet in era for omitted public and aunt- phlic usgs. 414) Telecommunications 1 ject to the limitsanst In Article 27C. (Ordeal= 23612,04/13199) (is) ctjsj Permit (SLIP) tante Attic 254, it bed and breakfast home (B&B) or Wad breakfastlame with spatial events (figkaiSS), (Oidineece 24580, 9/11101) Sedan 54 Parking Repletion The parking readelions for omitted usts ire contained in Mick 22. Section 5.4 Offistnet Lading Reguistions. The offama loading repleitions far paudned uses are contained in Article 23, -109- 4A Attachment 1 City Ch rer — A icle V . Purpo and y council shall abiisn tomprehensive planning a continuous ental function in order o guide, regulate, and manage future development pment within the corporate limits and extraterritorial Jurisdiction of the cEty fo assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city, The members of the commission shall be appointed_ by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting In August and shall meet not less than once each month: Any vacancy In en unexpired term shall be filled by the clty council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and Implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all pro p. als to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to, the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding; zoning or zoning changes In a manner to Insure the consistency of any such zoning or changes In zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to Insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city coundl an the clty's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission In furnishing it such Information as Is necessary In relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city', The comprehensive plan shall' contain the clty's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial Jurisdiction of the city, or for portions ARTICLE V. PLANNING —110 thereof, Including neighborhood, community and, area -wide plans. The comprehensive plan shall Include the following elements. (1) A futur element; (2) An annexation element; (3) A transportation element; (4) An economI development, element; (5) A public services and facilities element, which shall include a capital Improvement program; (6) A conservation and environmental Duress element; and (7) Any other element the city council may deem necess or desirable In order to further the above Objectives Each element of the comprehensive ptarl shall Include policies for its Implementation and shall be implemented, In part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion' thereof, to the city ' manager, Who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. if the plan should be rejected by the council, It shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward It to the city manager for submission to the council In the same manner as originally provided. All amendments to the comprehensive plan ed by the planning commission shell be forwarded to the city manager and shall be subject to review and adoption In the same manner as for the original adoption of the comprehensive plan as set forth In this section. Sec. 5. Legal Effect of Comprehensive . All city Improvements, ordinances and regulatlonsr shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate Its recommendations to the round' which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shalt_ become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or, structure within the city until a plat shall be approved and flied. MINUTES GULAR PLANNING C©,MMISSIOP4 MEETING Connell Chambers - C Wednesday, May 27, 2009 5 :30 P.M. COMM Rudy Garen, Chairman' Absent A. Javier Floe ,Vice- Cltaln James'SkrobttrczYk John C, Tamez Johnny R. Martinez Evon J, Kelly Govind Nadkarni *Ai Mark Adamc + Absent John Taylor CALL TO ORDER A quorum was declared an ptreilic JJEARINGITTEh 2. NEW ZONING tterint Assistartl tttt Services n, AssistantDireetoi neat Services/Planning alda0a, AICP, Senior City Planer lobertPayn4 Senior City Planter Lisa We Senior City planner Annissa Garrett, City Planner Andrew Dimas Planning Technlci, Veronica Ocaftas, City Attorney •Are Elena Juarez, Recording Secretary' Debbie Golden, Recording Secretary No. 0509-04 ard'II. tiantmunds —A change of zonit -2" Apartment House District to "13-4" General Business District resulting in a change of land use from rto business LKEY Add 2, west 455.63 feet of Lott F -2, ally located south of South Padre Island I7riv west. trf Airline Drive, north of Williams Drive anj Manor Drive. Lisa War ti, Develnpmen[ Services }trasented the above sear via PowerPoiitt. M Wargo stated the applicant is Willard Hammond. ivts. Wargo stated the subject property is located south of South Padre Island nth' west of Airline Road, north of illiunts Drive and cast of East Manor Drive, Ms. Wargo stated a to applicants are requesting a change or'-roaiug from "A-1" and "A -2" A + cat House Distrjcls to "0.4" General Business District for the constrnet €on of 82 parking spaces, Ms. Wargo stated the purpose of the °A-1" Apartment Ho District is to provide for medium density, multiple- family residence and is usable for c apartments in appropriate locations, or for conversion of existing dwellings to ut older sections of the City. Ms. Wargo also stated the "A -1 District requires a 20 iback and a five foot side and rear yard setback for one story structures. Ms. Wargo stated and rear yard setbacks' increase by five feet for each additional story for two and three t structures to a maximum thirty (30) foot setback, Ms. Wargo further stated the purpose of "A-2" Aparttent House Zoning District is to provide a district with 'a residential use with is Irigltcr city capability and other institution. Ruses and the district requires a 20 -foot front yard stated the i3 t+° General usiu ss Disliici provides nd miscellaneous service activities and permits uses such as muI dweliints; Goat and aura sales, Lotcls and taverns. Ms. Wargo! stated there is a minimum franc setback oftwenty (2©) feet and rn side and rear yards, unles hereis resldoagial adjacency which would require a rninimum of ten (10) foot side and rear yards and does not have s maximum he t r qu'remain for structu Ms. Wargo stated staff Is recommending approval of applicant 's regttest. Ms. Wargo also added that the construction of the overflow parking consisting of eighty-two (82) parking spaces is for two proposed restaurants ihat will front an South Padre Island chive: td a for a test to Commissioner Nadkarni, to Comm is5 ed prop No one cnn i the "BA' District' ill nlla stated the property is adja{ a ion to approve was made by CatnonissionerNadkarni and seconded by 1TM issianer Skrobarczyk'. Motion passed with Chairman Garza and Commissioner.. arnebeing i3hsent, 09-04 A. nA Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WILLARD H. HAMMONDS, INDIVIDUALLY, AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF JEANNINE D. HAMMONDS, BY CHANGING THE ZONING MAP IN REFERENCE TO A 1,007 ACRE TRACT OF LAND OUT OF LOT F -2, WILKEY ADDITION UNIT 2, FROM "A -1" APARTMENT HOUSE DISTRICT AND AN "A -2" APARTMENT HOUSE DISTRICT TO A "B -4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Willard H. Hammonds, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 27, 2009, during a meeting of the Planning Commission, and on Tuesday, July 7, 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 CI OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a 1.007 acre tract of land out of Lot F -2, Wilkey Addition Unit 2, located south of South Padre Island Drive, west of Airline Road, north of Williams Drive, and east of East Manor Drive, from "A -1" Apartment House District and an "A -2" Apartment House District to a "B-4" General Business District (Zoning Map 042035) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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, HALE QaRt$ hared\ LEGAi- t7EV,SVCS\2009 Agenda\7 -71OR© 4 : 509-04 «Hammonds- wsikeyAddn- B>4:doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 7`h day of July, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: June, 29, 2009 eborah Walther Br Assistant City Attorney For City Attomey 1-1:1LEG -DI R \3harechLEGAL- DEV:SVCS12009 Age rid a17- 7 \ORO. ail ?509 -Q4- Hammonds- wiIkeyAdd Page 3 of 3 Corpus Christi, Texas day of 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, Respectfully, 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 G. Leal John E. Marez Nelda Martinez Mark Scott H:1LEG -DIR\ Shared\ LEGAL- DEV.SVC512QQ9 da \7 -7 \G ikeyAaan -a4d < 14 ARROA 1 $8 !ndApp ;g! tmm r:Fom, 0A-1" Apartment House District and "4 -?" Apartment House District e<. ,' veneral Business District 7 efittitarits 1 ";33 &333 3333aaaa33Pa3a333 333P33r:$a333$[3a333333e3.'.'r3 . ._.. >....____� >< >. ,o 1, �Sf'i /,(-7 CASE # 0509 -04 7. NEIGHBORHOOD - 200.7 AERIAL • CASE # 0509 -04 2.a. NEIGHBORHOOD - EXISTING LAND USE L;; ,,._„ y Y:5. 4 Fit, ;Sri,,.. fr:.., •hh �. •,n r;r•rriyN€' ..yUk b1= :tome -MN i;:.:} D'cih ;:eye G<• •EC ;r: - VAC 9P j .uu:::r:.:firft f -r. .. a!an. CP F TT z z z -.TTI> f RQPERTY ^ '44,0 O,p t CASE # 0509 -04 2.b. SITE- EXISTING LAND USE .- .rtr- ;iMi.Cn' - le,”! -C d G•r:.,:ly ...Ur. :4.4ii 3s.7.i era;l, .j.•rn put rir<ri_'h,',. •frrUH Witte MR I;:.:i Grsii::. G;, !Tint •DC •' a: ;r■ - VAC 9P j .:•u::'r:.Eho;t f -r. .. a!an. CP 2.400 TT y. U f, JUJU CT CASE # 0509 -04 3.a. NEIGHBORHOOD - FUTURE LAND USE !AF:: r„ykultural /Rv.n c.c io:Iria? - TOR R'.a;<I'.;::b.l% -cI? [)vNs! :eS': P.Irk - h'6'i> y Pe. s. • 1. F; _ ?.I•. I111::::rl Srvfl, . 1 : i 1pjll O011Si1y I'c.s - Pi;' 7'::1)a: i `je- 'l!?ibe ✓:::P F•P 4 ','oi: >;.,,. : :.:; O+i;::r+ -PC - cd;�a Placc:rcni - Ql..;he:.....• CO.;/ CcUccWi - ?nk; .,y l 1'.011 rrn:f..n. Frr.:- .r:•,>iion• CP 000 TT CASE # 0509 -04 .4.b. SITE- i L!TURE LAND GCSE - TOR cSL:(r, 'yJ'= OIL1 % -[ -R t:`i %; :.': ,'CU[: v:,seM1: ['.irk i 14j 11 OOnsi: :' {'i.c - i .1.1i•.° vi;i;C . Fr: I Pa k j %.:;:... (rLg 1piaauf - Jc) OtS::P - PC - c d,ia Place rent -':. C: >.w •e: cm: • CQ.1 .raD:l r rn; f,.,,.Prr.: - .r:•,>iion • CP .CUCCiu: i Pat n N. \cUL LIEN '1 r C oi 7) 0 (; :.. For N ;c7 ADO NOT 2A b. '::. SH, Nti do9,& ✓C;E CHOCL TP4C."7 P.". ..r R - 2 LEN AR.:c ? UNIT 3 C;' h DLEW ( ::.!- .1 ATES CASE # 0509 -04 5. SUBJECT PROPERTY CASE # 0509 -04 6. SITE EXISTING ZONING; NOTICE AREA & OWNERSHIP A-1 A[g'Enmi House tii9;i -t . d -ta apa X Haut Clint A Apa'4ntM Haem (NS t AtH PransIrad OlCE yGi1MI AT A”rtin:.n4'Tcu tp6lyd: @ i Nmgibuttoac S■snas- Maud #ioau au5na55. Cis§kt aan064 Ivt DEA NO ATTACHMENT FOR THIS ITEM -121- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 7, 2009 AGENDA ITEM: Public Hearing on the Proposed FY 2009-10 Operating Budget. This budget will raise more total property taxes than last years budget by $2,971,452 (General Fund $1,801,926, Debt Service Fund $989,600, and Special Revenue $179,926), or 4,1%, and of that amount, an estimated $1,910,359 is tax revenue to be raised from new property added to the tax roll this year This additional amount is due entirely to increases in property tax valuations and new property added to the tax roll and NOT to any increase of the current tax rate of $.563846. ISSUE: Section 102.006 of the Texas Local Government Code reads as follows: The governing body of a municipality shall hold a public hearing on the proposed budget Any person may attend and may participate in the hearing. REQUIRED COUNCIL. ACTION: Conduct the public hearing. Power Point Supplemental Information 0 Eddie Houlihan Assistant Director of Management and Budget —125— 11 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM Report Corpus Christi Convention and Visitors Bureau (CVB) Qua STAFF PRESENTER(S): Name Title /Position Depart 'en 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Keith Arnold CEO CVB 2. 3. PowerPoint Supplemental information -145- ission: o •rave overnight visitor$ to th Corpus Christi area! Top 10 for 2009 2 1 O 0 L > a) O W Ls v. 0 Ate 73 a) u) a) a) Ri _O T r-.. 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