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Agenda Packet City Council - 09/08/2009
Mir `.%ssa.. September 8, 2009 11:45 am - Proclamation declaring the month of September 2009 as "National Alcohol & Drug Addiction Recovery AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 8, 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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espahol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend William "Billy" C. Storms, Covenant Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting September 8, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of August 25, 2009. (Attachment #1 ) F. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code, Section 551- 071 regarding David Torres vs. City of Corpus Christi; Cause No. 09- 61260 -4; in the County Court at Law Number Four, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code, Section 551- 071 regarding Bryan Smith vs. City of Corpus Christi, Texas, Angel Escobar, in his capacity as City Manager; Cause No. 09- 1530-E; in the 148th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #4) 4. Clean City Advisory Committee 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. Agenda Regular Council Meeting September 8, 2009 Page 3 CONSENT AGENDA Notice to the Public CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving the purchase of new 9 -1 -1 dispatch consoles from Watson Furniture Group, Inc., of Poulsbo, Washington for a total amount of $175,227.26. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This purchase will replace the existing dispatch and call taker consoles in the 9 -1 -1 Center of the Police Department. Funds are available through the Public Safety Interoperability Communications Grant. (Attachment #5) Resolution authorizing the City Manager or his designee to execute a renewal of an interlocal cooperation agreement for a term of five (5) years for the Local Emergency Response Planning specific to extremely hazardous substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. (Attachment #6) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $378,906 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. (Attachment #7) b. Ordinance appropriating $378,906 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Agenda Regular Council Meeting September 8, 2009 Page 4 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. (Attachment #7) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2009 -2010. (Attachment #8) b. Ordinance appropriating $143,018 from the Texas State Library and Archives Commission into the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2009 -2010. (Attachment #8) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2009 -2010. (Attachment #9) b. Ordinance appropriating $80,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. (Attachment #9) a. Resolution authorizing the City Manager or his designee to accept the After School Archery Program Grant in the amount of $500 from the National Recreation and Park Association for the implementation of an after school archery program. (Attachment #10) Agenda Regular Council Meeting September 8, 2009 Page 5 11. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a $500 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund for the After School Archery Program. (Attachment #10) a. Resolution authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2008 Continuum of Care Grant for homeless supportive housing program renewals. (Attachment #11) b. Ordinance appropriating a grant of $717,499 from the U.S. Department of Housing and Urban Development for the 2008 Continuum of Care Grant Program in the Community Enrichment Fund No. 1071 for homeless supportive housing program renewal projects and activities. (Attachment #11) c. Motion ratifying the 2008 Continuum of Care ( "COC ") grant funding agreements with Nueces County Mental Health and Mental Retardation and the Salvation Army for singles and families to be effective September 1, 2009, and authorizing the City Manager or his designee to execute subrecipient funding agreements under the 2008 COC Grant terms as follows: (1) $122,673 for Nueces County Mental Health and Mental Retardation; (2) $309,537 for the Salvation Army; (3) $142,720 for Goodwill Industries of South Texas, Inc., and (4) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center, d.b.a. Charlie's Place, for homeless supportive housing program renewal projects and activities. (Attachment #11) 12. Ordinance appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building Improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and $44,500 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement for airport drainage improvements; changing the FY 2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417. (Attachment #12) Agenda Regular Council Meeting September 8, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of to agenda summary) 13. Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid with Malek, Inc., of Corpus Christi, Texas in an amount not to exceed $193,078 for the Corpus Christi International Airport Terminal Building — Addition of Chiller No. 3. (Attachment #13) 14. Motion authorizing the City Manager or his designee to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project, Air Rescue Fire Fighting Building Improvements Project, Terminal Re- Roofing Project (Old Wing) 2008 Project, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project. (Attachment #14) 15. Motion authorizing the City Manager or his designee to execute a construction contract for the Base Bid with B. E. Beecroft Company, Inc., of Corpus Christi, Texas in an amount not to exceed $265,000.00 for the Corpus Christi International Airport - Airport Rescue and Fire Fighting Facility (ARFF) Improvements. (Attachment #15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $2,572,782 for the American Bank Convention Center Chiller Replacement Project — 2009 for the Besse Bid, Additive Alternate No. 1 and Additive Alternate No. 2. (Attachment #16) 17. Motion authorizing the City Manager or his designee to execute a construction contract with Infinity Builders of Laredo, Texas in the amount of $249,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements for the Total Base Bid. (Attachment #17) (BOND ISSUE 2008) 18. Motion authorizing the City Manager or his designee to execute a construction contract with J.J. Fox Construction, Inc. of Portland, Texas in the amount of $634,036.50 for the Naval Air Station Corpus Christi (NASCC) Effluent Reuse Lift Station & Force Main for the Total Base Bid. (Attachment #18) Agenda Regular Council Meeting September 8, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Motion authorizing the City Manager or his designee to execute a construction contract with Bay Area Contracting & Construction, Inc., of Corpus Christi, Texas, in the amount of $118,000 for Health Department Laboratory Remodel 2009 for the Total Base Bid. (Attachment #19) 20. a. Ordinance authorizing the City Manager or his designee to execute a lease agreement with Bayfest, Inc. for Bayfest 2009 and related activities to allow use of Memorial Coliseum parking lots, and McCaughan Park during September 16 - 30, 2009; provide for Bayfest, Inc. paying 50% police and 100% of all other city costs. (Attachment #20) b. Motion approving an admission fee for Bayfest 2009 of seven dollars ($7.00) per day for adults and three dollars ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children age six and under are admitted free. (Attachment #20) c. Motion approving the application from Bayfest Inc. to temporarily close the following street sections for Bayfest 2009. Street closures to begin at the times specified below and all street closures to re -open at noon on Wednesday, September 30, 2009: (Attachment #20) 1) The temporary street closure of Born Street and Broadway Court between Water Street and southbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 2) The temporary street closure of Park Avenue from southbound Shoreline Boulevard to northbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 3) The temporary street closure of Kinney Street from Water Street to northbound Shoreline Boulevard; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. Wednesday, September 30, 2009. Agenda Regular Council Meeting September 8, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4) The temporary street closure of southbound Shoreline from Coopers Alley to Furman Avenue; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. Wednesday, September 30, 2009. 21. Ordinance temporarily suspending Section 55- 158(2), Code of Ordinances, City of Corpus Christi, and implementing a revised Reservoir Operations Plan for a 60 -day period; providing for effective dates; and providing for publication. (Attachment #21) J. PUBLIC HEARINGS: ZONING CASES: 22. Case No. 0809 -01 Alicia Romero: A change of zoning from "AB" Professional Office District to a "B -1" Neighborhood Business District on property described as Phillips, Block A, Lots 14, 15 and adjacent 30 feet of Lot 16, generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue. (Attachment #22) Planning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Alicia Romero, on behalf of Alicia Romero and David Romero, by changing the Zoning Map in reference to Phillips, Block A, Lots 14, 15 and adjacent 30 feet of Lot 16, from "AB" Professional Office District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 23. Case No. 0809 -02. Mostafa Bighamian: A change of zoning from "B -4" General Business District to an "1 -2" Light Industrial District on property described as Woodlawn Estates, Block 4, Lots 11 and 12, generally located on the north side of South Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. (Attachment #23) Agenda Regular Council Meeting September 8, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staff's Recommendation: Denial of the "I -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostafa Bighamian, on behalf of Mostafa Bighamian and Morteza Shafinury by changing the Zoning Map in reference to .98 acres out of Woodlawn Estates, Block 4, Lots 11 and 12, from "B -4" General Business District to "I -2" Light Industrial 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. 24. Case No. 0809 -03 Mary L. Molina: A change of zoning from "R-1B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as Alameda Park, Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street. (Attachment #24) 25. Planning Commission and Staff's Recommendation: Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "B -1A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mary L. Molina, by changing the Zoning Map in reference to Lot 31, Block 6, Alameda Park from "R-1B" One - Family Dwelling District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. STREET CLOSURE: a. Public hearing and First Reading Ordinance to consider abandoning and vacating a 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of Agenda Regular Council Meeting September 8, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way; subject to compliance with the specified conditions. (Attachment #25) b. Ordinance repealing Ordinance No. 7012 %, which authorized the City Manager to execute, for and on behalf of the City, a Revocable Easement for the use of a portion of public right -of -way and street of Ocean Drive, lying south of the south line of Lot 1, Markamay Estates, and east of the easterly line of Lot 1, Block 1, Alta Plaza, in the City of Corpus Christi, Nueces County, Texas. (Attachment #25) K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 26. Motion to adopt an ordinance setting a property tax rate of $0.563846 per $100 valuation. The ordinance prescribes the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2009 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (Attachment #26) 27. a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $1,393,181 from the U.S. Department of Housing and Urban Development under the American Recovery and Reinvestment Act of 2009 to fund the Homeless Prevention and Rapid Re- Housing Program, and to execute related subrecipient agreements with Catholic Charities for $357,841; Corpus Christi Metro Ministries for $357,840; Coastal Bend Center for Independent Living for $250,000; and the Salvation Army for $357,841 to provide homelessness prevention assistance, services, and activities. (Attachment #27) b. Ordinance appropriating a grant of $1,393,181 from the U.S. Department of Housing and Urban Development under the American Recovery and Reinvestment Act of 2009 for the Homeless Prevention and Rapid Re- Housing Program in the No. 1059 Grants Fund to provide homelessness prevention assistance, services, and activities. (Attachment #27) Agenda Regular Council Meeting September 8, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 28. Ordinance authorizing the City Manager or his designee to execute an amendment to lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2009 Buccaneer Days Festival and related activities, to reduce the amount of costs paid by the Commission for city services to $17,150. (Attachment #28) 29. Report and recommendations from Memorial Coliseum Subcommittee with possible action on the recommendations. (Attachment #29) (TO BE CONSIDERED AT APPROXIMATELY 5:00 P.M.) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 30. Report on "The Principal Story" documentary by KEDT -TV. (Attachment #30) 31. New Broadway Wastewater Treatment Plant Project Update. (Attachment #31) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting September 8, 2009 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at J. (j p.m., on September 3 2009. krAtelCIO Armando Chapa Arct City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 PRESENT Mayor Joe Adame Mayor Pro Tem John Marez' Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 25, 2009 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 12:36 p.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Pamela D. Dykehouse with St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of August 18, 2009. A motion was made and passed to approve the minutes as presented. Mayor Adame called for petitions from the audience. Gerry Sensing, 5426 Chevy Chase, spoke regarding the Keeping Every Youth in School (KEYS) event on September 12`h and requested that the Council listen to a the medical presentation on the Las Brisas Plant. Carolyn Moon, 4902 Calvin, spoke regarding the newspaper vending machines placed on the sixth floor and the effect of the Las Brisas plant on downtown redevelopment. Trian Serbu, 14310 Playa del Rey, spoke regarding development next to the Memorial Coliseum; Shoreline improvements; and the Bayfront Master Plan. Will Douglas, 5029 Royalton Drive, spoke on behalf of several retail businesses that oppose the storm water utility rate. Mr. Douglas also stated that he would like to see development along the Bayfront. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant and the effect the plant will have on the water supply. Mr. Wakefield presented pictures of the current conditions of various water resources. Margaret Fratile, 3606 Tripoli, spoke regarding the lack of code enforcement and building inspections at a business property located at 2747 S. Staples. John Dougherty, 658 Moray Place, spoke regarding the increase in wastewater fees. Tim Byerly, 7722 Jacinto, spoke in support of the swim center project for the Memorial Coliseum. Adam Scott, 5440 Everhart, spoke in support of the USA Swimming Center and invited the Council to attend a swim practice at Greenwood pool. Jerry Colmenero, 506 Ohio, spoke regarding an abandoned apartment building on Stillman Street and asked that the City fine the owner and asks them to maintain the building, properly vacate the building or tear it down. J.E. O'Brien, 4130 Pompano, spoke regarding the issuance of tax notes and the need for an internal auditor. Mary Ann Kelly, 4302 Schanen, spoke regarding the enforcement of ordinances on trashing. Roland Mower, CEO of the Corpus Christi Regional Economic Development —1— Minutes — Regular Council Meeting August 25, 2009 — Page 2 Corporation, spoke in support of the Las Brisas Energy Center and the impact to the economy. Abel Alonzo, 1701 Thames, asked the public to keep an open mind regarding the Las Brisas plant. John Kelley, 413 Waco, provided the Council with statistics on costs associated with the Las Brisas plant including non - attainment costs, increased health care costs, and increased water costs. * * * * * * * * * * * Mayor Adame opened discussion on Item 16 regarding the storm water utility rate. Assistant City Manager Oscar Martinez stated that staff recommended deferring action on the storm water rate during the budget discussions for a minimum of six (6) months to continue educating the public; work through policy issues and potential adjustments to the minimum bills; and placing caps on the utility rate structure. Mr. Martinez explained that staff has placed this item on the agenda to revisit and address whether the Council wants staff to continue with this issue. Mr. Martinez added that the staff would like the opportunity to continue, review, analyze and come back with a recommendation for Council regarding the storm water utility rate. Mayor Adame called for comments from the audience. Carol Scott, President of the Corpus Christi Independent School District (CCISD) Board of Trustees, stated that CCISD will incur a net $400,000 in additional expenses as a result of the utility rate and spoke regarding credit for implementing a storm water drainage educational program. Ms. Scott requested that the City finalize the details of the storm water drainage educational program credit to allow the district to have a full understanding or consider waiving the fees for school districts. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, stated that the Chamber membership is concerned that this proposal will cost businesses additional money and asked the council to not accept staffs recommendation and stop discussions on this matter today. J.E. O'Brien, 4130 Pompano, stated that in the 1990's, a storm water utility rate was considered and determined that it should not be formed. Mr. O'Brien acknowledged that the City does not need a storm water utility rate now. Bob Weatherford, ex -CEO of Gulf Compress, spoke against the passage of the proposed storm water utility charge and the increased cost to businesses with large impervious cover and small storm water usage. Mr. Weatherford stated that the City needs to be more proactive when working with businesses. Robert Sweezy, Vice President of Administration at Gulf Compress, reiterated Mr. Weatherford's statements and spoke regarding the City having the highest fees in the state for commercial and residential rates and communications with those businesses being extremely affected. Mr. Sweezy recommended that the City look for savings in the storm water budget; research other methods to fund storm water; have all the stakeholders involved; and provide credits for the best business practices. John Kelley, 413 Waco, stated that currently the storm water residential customer is subsidizing businesses. Mr. Kelley urged the Council not to kill this item and recommended implementing the rate over a three to five year period; encourage best practices; consider credits; involve the stakeholders; and review the ordinances in place. Leon Loeb, 921 N. Chaparral, encouraged the Council to set this issue aside until there is a complete understanding of the structure of the budget. Carolyn Moon, 4902 Calvin, stated that the Council should not completely kill this item because of all the work already done. Reagan Brown, 5830 McArdle, asked the Council to reconsider this item and consider the long term effect on the City of Corpus Christi. Mr. Brown stated that the City wants to attract large corporate citizens. Tim Glower, 415 Starr Street, stated that the Council needs to promote the community's image as a pro - growth community instead of adding additional taxes. -2-- Minutes — Regular Council Meeting August 25, 2009 — Page 3 The following topics pertaining to this item were discussed: the increased annual cost for Gulf Compress; whether Gulf Compress thinks they currently pay their fair share of storm water expenses; if the City has one of the highest water utility rates in the state; exemptions for school districts; credits for best practices; communication with stakeholders; implementation a storm water drainage educational program; long term solutions; equity; and the effect of the rate on the residents and commercial customers. Mr. Kieschnick made a rnotion to cease implementation of the storm water utiiity rate. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2009 -242 Motion to cease implementation of the storm water utility rate. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following platting ordinance amendment: 13. Public Hearing to consider and Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U. S. Highway 77, approximately one-haft mile outside of the City limits, from payment of wastewater lot or acreage fees pursuant to Section V.B.6.1) of the Platting Ordinance; requiring owner /developer to comply with the specified conditions. Interim Assistant City Manager Johnny Perales stated that under the platting ordinance, the City may exempt an area from payment of lot or acreage fees if it is determined that the development will not likely be served by utility services within the next 15 years. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 028281 Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U. S. Highway 77, approximately one -half mile outside of the City limits, from payment of wastewater lot or acreage fees pursuant to Section V.B.6.1) of the Platting Ordinance; requiring owner /developer to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye "; Leal was absent. Mayor Adame called for consideration of the consent agenda (Items 2 - 11). Mr. Johnny French requested that 5 be pulled for individual consideration. Council Member Adler requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: —3— Minutes — Regular Council Meeting August 25, 2009 — Page 4 MOTION NO. 2009 -236 Motion approving a service agreement with Tex - American Recycling, of Forth Worth, Texas for used tire disposal service in accordance with Bid Invitation No. BI- 0183 -09 based on low bid for an estimated annual expenditure of $83,160. The term of the service agreement will be for 12 months with an option to extend for up to two additional 12 -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services departments for FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3.a. ORDINANCE NO. 028275 Ordinance appropriating an amount of $63,123 from the Maintenance Services Fund Balance No. 5110 for the purchase of one (1) Trail King Low Boy Trailer; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $63,123. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3.b. MOTION NO. 2009 -237 Motion approving the purchase of one (1) Trail King Low Boy Trailer from Rush Equipment Center, of Houston, Texas in the amount of $63,123. The award is based on the Cooperative Purchasing Agreement with the Houston - Galveston Area Council of Governments (H -GAC). This unit is a replacement to the Fleet and will be used by the Street Department. Funds are available in the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MOTION NO. 2009 -238 Motion authorizing the City Manager or his designee to execute Change Order No. 13 to the construction contract with SLC Construction, LP, of Aransas Pass, Texas in the amount of $882,326.62 for a total restated fee of $8,660,546.85 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive to reroute the 24" force main diversion line and for drainage improvements to Schanen Ditch. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MOTION NO. 2009 -241 Motion authorizing the City Manager or his designee to execute a construction contract with Leoncitos, Inc. of Corpus Christi, Texas in the amount of $997,573.62 for the Broadmoor Senior Center Improvements 2008 for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) —4— Minutes — Regular Council Meeting August 25, 2009 — Page 5 The foregoing motion was passed and approved with the following vote: Adame, Adler. Chesney, Elizondo, Kieschnick, Leal, Marez, Mart inez, and Scott, voting "Aye ". 8.a. RESOLUTION NO. 028276 Resolution authorizing City Manager or designee to execute an Interlocal Cooperation Agreement with West Oso Independent School District regarding implementation of a Latchkey Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 028277 Ordinance appropriating $110,000 in the General Fund No. 1020 from revenue received from Latchkey program in the West Oso Independent School District; changing FY 2009- 2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenues and appropriations by $110,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. ORDINANCE NO. 028278 Revising Section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; and providing for publication. (First Reading — 08/18/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. ORDINANCE NO. 028279 Revising Section 16 -4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the Technical Construction Codes Fees after a declaration of a local state of disaster; providing for publication. (First Reading — 08/18/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. ORDINANCE NO. 028280 Abandoning and vacating a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road public right -of- way; subject to compliance with the specified conditions. (First Reading — 08/18/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —5— Minutes — Regular Council Meeting August 25, 2009 — Page 6 (Note: Ms. Leal originally was absent for the vote on Items 2 -11 and asked for the Council's concurrence to include her vote. Council concurred with her request.) Mayor Adame opened discussion on Item 5 regarding the Packery Channel Boat Ramp Maintenance Dredging. Johnny French, 4417 Carlton, spoke regarding the lease requirement to maintain the beach in front of the seawall and the additive alternate placement area further south. Director of Engineering Pete Anaya stated that the placement areas have been coordinated with the Army Corps of Engineers. Council Member Kieschnick asked questions regarding the water quality issues. Mr. Anaya stated that the water quality is part of the permit with the Texas General Land Office (GLO). In response to Council Member Scott, Mr. Anaya said that this project has been coordinated with the GLO and the Corp of Engineers. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2009 -239 Motion authorizing the City Manager, or his designee, to execute a construction contract with Javeler Construction Company of New Iberia, Louisiana in the amount of $399,540 for the Packery Channel Boat Ramp Maintenance Dredging for the Total Base Bid and Additive Alternate No. 1. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 6 regarding Bond 2008 design coordination and project management services. Council Member Adler asked questions regarding the cost to oversee the 2008 bond election. Director of Engineering Pete Anaya explained that for the Bond 2004 project, the City spent approximately $6.5 million over four (4) years for project management services averaging $1.6 million per year. Mr. Anaya stated that the City has added staff to the Engineering Department to improve efforts and minimize the cost of project management services. Council Member Scott directed staff to provide a cost comparison between the cost for project management services for Bond 2004 and the cost for Mr. Nadkarni's services on Bond 2008. A brief discussion ensued regarding the Engineering Department staffing levels. In response to Council Member Adler, Mr. Anaya explained that Mr. Nadkarni originally work on the preliminary worked performed with Bond 2008 and transitioned to the management phase. Mr. Anaya added that the other firms assisting in the preliminary work helped with the design work for the projects. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2009 -240 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Nadkarni, P.E., d.b.a. Govind Development, LLC, of Corpus Christi, Texas, in the amount of $247,500 for a total restated fee of $296,250 for Bond 2008 Design Coordination and Project Management Services. The term of the contract will be for 12 months with an option to extend for up to two additional 12 -month periods. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the ad valorem tax rate: -6- Minutes — Regular Council Meeting August 25, 2009 — Page 7 Interim Director of Financial Services Constance Sanchez explained that this item was the second public hearing that is required by the state property tax code when an amount of property taxes imposed exceed the preceding year's property taxes. Ms. Sanchez stated that although the proposed tax rate of $0.563846 does not exceed the rollback rate, it does exceed the effective tax rate of $0.554865 which means it produces more property tax revenues than the preceding year because of increased property values. MayorAdame called for comments from the audience. J.E. O'Brien, 4130 Pompano, stated that when the valuation goes up, the tax rate should come clown including the debt service. Mary Ann Kelly, 4302 Schanen, spoke regarding the increased valuation and asked the Council to adopt a reduction to the tax rate. MayorAdame stated that during the September8, 2009 Council Meeting beginning at 12:00 p.m. at City Hall, the City Council will vote on the proposed tax rate. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following annexation: 14.a. Public Hearing to consider and a Resolution granting the petition of the Port of Corpus Christi Authority for annexation of approximately five tracts, totaling approximately 6.635 acres, of submerged land, owned by the Port of Corpus Christi Authority, abutting the southern shoreline of Nueces Bay into the City of Corpus Christi, Texas. Senior City Planner Bob Payne referred to a powerpoint presentation including the issues related to the annexation; an aerial photo; background; the area of proposed disannexation; and the areas of water for annexation. Bill Green, representative of the Port of Corpus Christi Authority endorsed this item and encouraged the Council's favorable consideration. The following topics pertaining to this item were discussed: the disannexed subject properties; the Ocean House location; Rincon Industrial of the proposed Las Brisas plant. Mr. Elizondo made a motion to close the public hearing, seconded passed. Mr. Chapa polled the Council for their votes as follows: 14.a. RESOLUTION NO. 028282 , stated that the Port use of the proposed Park; and the location by Ms. Martinez, and Resolution granting the petition of the Port of Corpus Christi Authority for annexation of approximately five tracts, totaling approximately 6.635 acres, of submerged land, owned by the Port of Corpus Christi Authority, abutting the southern shoreline of Nueces Bay into the City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marezwas absent. —7— Minutes — Regular Council Meeting August 25, 2009 — Page 8 14.b. ORDINANCE NO. 028283 Ordinance annexing approximately five tracts, with approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shoreline; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 14.c. ORDINANCE NO. 028284 Ordinance disannexing approximately four tracts, with approximately 187.76 acres, of uplands owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shoreline; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 14.d. ORDINANCE NO. 028285 Ordinance disannexing approximately 37.37 acres of submerged lands owned by Nueces Bay WLE, LP, and Centex Cement Corporation north of the southern shoreline of Nueces Bay; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 15.a. regarding the establishment of the Advisory Committee on Community Pride. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 028286 Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory Committee on Community Pride; providing for publication. (First Reading — 08/18/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. -8- Minutes — Regular Council Meeting August 25, 2009 — Page 9 Mayor Adame referred to Item 15. b. and the following board appointments were made: Advisory Committee on Community Pride James Chrobocinski (Appointed) J. Kyle Davidson (Appointed) Will Douglas (Appointed) Evonne M. Gottsch (Appointed) Ryan Griffith (Appointed) Mark Minutaglio (Appointed) C. Michelle Peters (Appointed) Philip John Ramirez (Appointed) Stacy Richards (Appointed) Ryan Ridlehuber (Appointed) Monica McLeod Sawyer (Appointed) Mayor Adame referred to Item 18 regarding an update of the Regional Health Awareness Board (RHAB). Dr. James Mobley, Chairman of the Regional Health Awareness Board, referred to a powerpoint presentation including a background on the meetings; the mission statement; board composition; board representatives; active and prospective inquiries; the 2009 goals; the current budget; and website. In response to Ms. Leal, Dr. Mobley stated that the City /County Health Department was addressing the swine flu epidemic and has not been addressed by the RHAB at this time. Mayor Adame referred to Item 19 regarding the Corpus Christi Regional Transportation Authority (RTA) Annual Report. Ed Carrion , CEO of the RTA, referred to a powerpoint presentation including the mission statement; background; types of service, customers, and reasons for riding the bus; funding sources; operating budget; benefits of public transportation; partnerships; and initiatives. The following topics pertaining to this item were discussed: a bus stop for the Las Colonies area; the amount of funding the RTA contributes for the maintenance of damaged roads; and the City providing brochures to inform the public of the RTA's services for the economically challenged. Mayor Adame referred to Item 17 regarding the Crime Control and Prevention District quarterly report. Acting Chief of Police John W. Moseley provided a brief overview including the graffiti eradication program; the pawn shop detail; and the juvenile assessment center. The following topics pertaining to this item were discussed: fiscal responsibility of the board; the work performed by Graffiti Coordinator Deanna McQueen and staff; the consideration to purchase AR15s for officers through a one -time expenditure; and coordinating with code enforcement to improve the condition of targeted neighborhoods. Council Member Adler invited the Council to view the City Council's entry at the First Friday Awareness Program for Breast Cancer Awareness on Thursday, August 27, 2009 at the Art Museum of South Texas. ** * * * * * *** *** -9- Minutes — Regular Council Meeting August 25, 2009 — Page 10 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:36 p.m. on August 25, 2009. * * **: ***** * * ** —1 0— 2 NO ATTACHMENT FOR THIS ITEM -13- 3 NO ATTACHMENT FOR THIS ITEM -17- 4 a. CLEAN CITY ADVISORY COMMITTEE — Three (3) vacancies with terms to 7 -8 -11 representing the following categories: 1- Member of the Beautify Corpus Christi Association and 2- Community at Large. DUTIES• To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. MEMBERS TERM Paul A. Castorena (Educator) 07 -08 -10 Scot McCampbell Barker (Chamber) 07 -08 -10 Brian Cornelius (Hauler) 07 -08 -10 *Daiquiri Richard (Beautify), Chair 07 -08 -09 Paige Dinn (Comm. at Large) 07 -08 -10 *John Elford (Comm. at Large) 07 -08 -09 Teresa Klein (Comm. at Large) 07 -08 -11 *Mikell Smith (Comm. at Large),Vice 07 -08 -09 Joan Veith (Comm. at Large) 07 -08 -10 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non - voting ORIGINAL APPTD. DATE 07 -08 -08 06 -09 -09 07 -08 -08 07 -08 -08 07 -08 -08 07 -08 -08 02 -24 -09 07 -08 -08 07 -08 -08 (Note: The Clean City Advisory Committee is recommending the reappointments of Daiquiri Richard (Beautify Corpus Christi Association), John Elford (Community at Large) and Mikell Smith (Community at Large). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Daiquiri Richard (Beautify) 11 John Elford (Comm at Lg) 11 Mikell Smith (Comm at Lg) 11 NO. PRESENT 10 9(lexc) 10(1exc) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation — 2 1 — °A° OF ATTENDANCE LAST TERM YEAR 91% 82% 91% OTHER INDIVIDUALS EXPRESSING INTEREST Sarah Dianne Baugh Beverly Benavidez Dianna Bluntzer -Dura Erica Graeber Bowen Barry L. Brown Angelica Carmona Chief Operating Officer, Dash Truck & Equipment Sales, Inc. Graduate of Del Mar College. Attending Texas A &M University - Corpus Christi. Activities include: TxDOT Mentor Protege Program, Calallen Baptist Church Activities, Buccaneer Commission and Buc Days. (Community at Large)(8- 11 -09) Student. Received Associate of Science and Bachelor of General Studies from Drury University at Springfield, Missouri. Recipient of Army Commendation, Army Achievement and Army Good Conduct Medals. (Community at Large) (3 -2 -09) Realtor. Received BA in Art History from The University of Texas at Austin. Attended Sotheby's, London, United Kingdom, Works of Art Program, Universidad Iberoamericana, Ciudad de Mexico and Loyola University, New Orleans. Recipient of Multiple Sales Achievement Awards. (Community at Large) (9- 21 -09) Human Resource Specialist, United States Coast Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (Community at Large) (2- 12 -09) President, Corpus Christi Region, Kleberg First National Bank. United States Navy Reserve Officer - Captain. Received Bachelor's Degrees from Southeastern Louisiana University and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. (Community at Large) (8- 26 -09) Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (Community at Large) (6 -5 -09) —22— Aaron Castro Becky Flores Shannon Gabriel Mike Garey Patrick Geary Photo Journalist, KZTV 10. Currently Student at Texas A &M University - Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (Community at Large) (5- 11 -09) Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (Community at Large) (1- 19 -09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (Community at Large) (8- 14 -09) 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. (Community at Large) (4- 22 -09) Owner, Fiesta Insurance Corporation, Attended University of Houston. Member of Chamber of Commerce. (Community at Large) (5- 18 -09) Diane Gordon -King Executive Coordinator, Padre Isles Property Owners Association. Attended College. Activities include: Church Finance, Communications and Evangelism Committees. (Community at Large) (8 -6 -09) Ken Hobbs, Jr. Assistant/Safety/Environmental Manager, H & H Iron and Metal, Inc. Attended OSHA and TCEQ Seminars Regarding Recycling and Environmental Impacts of Solid Waste. (Community at Large) (6 -3 -09) Cynthia Hopkins - Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from the American University at Washington DC. Activities include: Cubmaster Pack 232, AWANA Commander, Sunday School Teacher, Homeschooling Organization of South Texas, and Kaffie Middle School PTA. Recipient of Silver Beaver Award South Texas Council Boy Scouts of America. (Community at Large) (5 -8 -09) -23-- 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. (Community at Large) (64-09) 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. (Community at Large) (5- 18 -09) William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (Community at Large) (5- 28 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (Community at Large) (1- 21 -09) Rick Martinez Peter G. Melve Keith Parker Cesar 0. Rodriguez Physician's Liaison, Nurses on Wheels. Attended Del Mar College and University of Phoenix -On Line Activities include: Board of Directors - American Cancer Society, Board of Directors - Friends of Nurses on Wheels Hospice and Vice Chair -Beach Ball -Texas State Aquarium. (Community at Large) (9/2/09) 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. (Community at Large) (3 -2 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE Serves on the CCCIC /Loan Review Committee. (Community at Large) (4- 23 -09) General Manager, Oneta Company. Received BS in Administrative Science /Economics from Yale University at New haven, Connecticut and MBA from Harvard Graduate School of Business Administration at Boston, Massachusetts. Activities include: Yale Alumni Schools Committee. (Community at Large) (8- 10 -09) —24— Juan Rodriguez Samantha Sandate Cookie Silverman Janet Zuniga Chief of Interpretation and Education, Recycling Coordinator, Padre Island National Seashore. Received BA in History from Florida International University. Activities include: JCC and Congregation Beth Israel. Recipient of United Hospital Fund Volunteer Award and Star Awards. (Community at Large) (1-22-09) Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae - Kwon -Do and Challenge Academic Team. (Community at Large) (5- 29 -09) Homemaker. Attended Texas Tech University. Activities include: Alpha Child and Board of Directors — Jewish Community Center. (Community at Large) (9 -2 -09) Senior, West Oso High School. Activities include: Student Council and Interact Club. (Community at Large) (5 -29- 09) —25-- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/08/2009 AGENDA ITEM: Motion approving the purchase of new 9 -1 -1 dispatch consoles from Watson Fumiture Group, Inc., of Poulsbo, Washington for a total amount of $175,227.26, The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This purchase will replace the existing dispatch and call taker consoles in the 9 -1 -1 Center of the Police Department. Funds are available through the Public Safety interoperability Communications Grant. ISSUE: The PSIC grant provides funds for the purchase of new consoles. BACKGROUND INFORMATION: The PSIC grant is providing 80% of the funds to replace the existing dispatch and call taker consoles in the 9 -1 -1 Center of the Police Department. The City is providing a 20% match from the Law Enforcement Trust Fund. These funds were appropriated with the grant acceptance on 06/09/2009. REQUIRED COUNCIL ACTION: Approval of purchase. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of the grant on 06/09/2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. Attachments: Quotation from Watson Furniture Group —29— 7 John w. Moseley Acting Chief of Police [ohnm(alectexas.com 886 -2603 '' CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No.: EC07 -07 Date Prepared: 51172009 Buying Corpus Christi Police Department Agency: Contractor: Watson Furniture Group, Inc. dba Watson Dispatch Contact Jay Vesely Person: Prepared Lael Delve By: Phone: (361) 886 -2600 Phone: (800) 426 -1202 Fax: Fax: (360)394 -1323 Email: Email: Idelvo@watsonfumiture.com Catalog / Price Sheet Name: Watson Dispatch General Description of Product: 911 Console Furniture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . A: Calalog /:Price S#ieettitem being: puroiased temiae.Betuw= Attach AdditioriarSheotTfN''icessary: • Quan Description Unit Pr Total 0 See Attached Sheet 0 0 b F Jam♦ 0 u L °. F f : ".,x R�, 21 1 .t-. t. • '� 1 "qi :? 4 �1 0 s. 1 '^ `3itZ-v ...ti k fl- i= :f -.',1 o. h7"4.,1, y 5 hk,.. _ W. 0 0 0 0 0 Total From Other Sheets, If Any: 184449.75 Subtotal A: 184449.75 B:Unpublishad Options,Accessory'or Service items.= Itemize$ elow' -Altach'AddUional Sheet If Necessary.','.'.'.'.'.'.' .' '. .'.'.'.'.•.'.'.' ................................... .............................. (Note:UFpua65ht;d hQIttS'are. apy.whiGh wer@ rlotsUbptit[ed •2nd'RnGed'ip'GOPtractor's bid +). • . • .' .' • • .' .' . ' Quart Description Unit Pr Total 0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Cheek: The total cost of Unpublished Options (Subtotal B) cannot exceed 25%o the total from Section A. For this transaction the percentage is: 0% ............................... ............................... ...... C..Otheir.Allmoances; Dueoudts,.Trad'e -tuS, F.reighi, M'aRe Ready'otMVi cetbneius Charger.'.'.'.'. '.','.'.'.'.'.'.'.'.'.'.'.'.'.' ' additional 5% discount Delivery & Installation Included - 9222.49 Subtotal C: - 9222.49 :. Delwwery Date.: —3 11 -; : • : :1) Total Purehase Price (A +$+C):: 17522726 Page 1 of 1 QUOTATION Watson Furniture Group NO 0905011201 20245 T000e Trees lane N$Y 0490: 51162003 POUISbo. WA 55370 Expiration Date 1012911009 13604394 -1200 To: Corpus C0US5 PUIice Department 321 John Sartain Corpus Christ. T% 76469 ADN', Email. PROJECT: Corpus Clual1POlIce Department Dispatch Console FUrn0Wle Synergy FUI1 LiM,Inear4Fleed 06000ng: Colpu,00410PO4 PUBUSR00 OPTIONS Oly Una Part Number Description SYNERGYCENTER LIPL 710E0 PRIMARY SINGLE CONFIGURATION, 30' 1 ea, 006703048640%% SIDE SECT- .40' CENTER SECTION, ARCHED, 48' PANEL HEIGHT, NO 5 MUL]IPORT, NO ]CS ea 0000042364901 SYN000000MER LIFT EXTENSION SINGLE CONFIGURATION, 42` DEEP, 36' WIDTH ARCHED, 46' PANEL HEIGHT, LEFT HAND 1 ea OCXiS <254A48R SYNERGY CENTER LIFT EXTENSION SINGLE CONFIGURATION, 42' DEEP, 3 5f WI0TH,ARCHE0, 455 PANEL HEIGHT, RIGHT HAND 1 ea 00024 TENSION CONTROLLED, PERFORATED, REAR ACCESS OUTSIDE DOORS 5 24' WIDE tENSIONCOMROLLEO, PERFORATED. REAR ACCESS 0127510E DOORS 1 ea 00030 30-WIDE 3 1 ea. 00036 TENSION CONTROLLED PERFORATED. REAR ACCESS OUTSIDE 00000 36' WIDE 0 00.7752930A4600 SYNERGY FLU LIFT SINGLE 000510URATI00 79" SIDE SECTION, 36" CENTER SECTION 0802E0, 48' PANEL HEIGHT, NO POWER, NO SOS 7 ea 002554224 A40L SYNERGY FULL LIFT EXTENSION SINGLE CONFIGURATION, 42' DEEP, 24- WIOTX ,pRLHE0. 47'70 NFL ME1G Hi, 1070 H4Np 2 ea 0727042290406 SYNERGY 7011 LIFT EXTENSION SINGLE CONFIGURATION, 42' DEEP, 24- WIDTH,ARCiaE0,46' PANEL HEIGHT, RIGHT HAND 7 ea OFECL46 SYNERGYFLSL LIFT SINGLE ENO GAP, LH 48 PANEL HEIGHT 10 ea 0001¢ TENSION SONZR01100, PERFORATED, REAR ACCESS OUTSIDE DOORS 18"wIOE IS ea 00E124 TENS1ONC0MR0LLED , PERFORATED, REAR ACCESS OUTSIDE DOORS 24-1/DOE 7 00036 TENSION CONTROLLED, PERFORATED, REAR ACCESS 005000E 00000 36 -WIDE HLAC CONTRACT PRICING Oat 001110 -0AC Cost) 001OSIOn 2,500 $ 1,941 5 1,94100 2,121 3 1.741 1 1,74075 3,161 5 2,371 $ 337675 166 5 126 5 120.00 175 3 131 5 13125 203 S 1522 3 16225 5 11,735 5 8.600 5 70,428 00 3 2,159 $ ISIS $ 1133425 3 2,159 3 1,615 $ 3,23850 5 050 5 400 5 341250 5 150 5 iu 5 112500 5 160 5 125 5 1 80600 5 203 5 152 3 1,05575 2 ea 05575555555555 00 SYNERGY FU L LIFT SINGLE 00076 URAt1001 24' SIDE 20026007 36' S 11,1)6 3 8,004 S 17,607 00 CENTER SECTION, ARCHED 40' PANEL HEIGHT, NO POWER, NO 7C$ 1 ea OFB 1304299048 SYNERGY FILL LIFT BRIDGE SINGLE CONFIGURATION, 42' DEEP, Of' 1 2339 S 2126 $ 2,125 50 DV/13TH, ARCHED, 40' PANEL HEIGHT 2 00 07E0148 070750GY FLRL LIFT SINGLE END CAP. LH 46 PANEL HEIGHT 5 050 5 408 5 97500 5 ea OL FPB fifi AeEXX SYNERGY LINEAR FIXE0 PRIMARY SINGLE CONFIGURAT10N .66'WI070, S 2,420 0 1,320 S 9091.50 ARCHED.40' PANEL HEIGHT, NO ASATIP0RT, NO ]CS d ea Q551555254855 SYNERGY LINEAR FIXED PRIMARY SINGLE CONFIGURAt10K )2'W101H, 5 3541 3 1906 S ],62300 ARCHED, 48' PANEL WEIGHt,00 MULTIPOOT, NO TCG 1 ea OLBR54242A43 SYNERGY LINEAR BRIDGE, SINGLE CONFIGURATION, 42' DEEP, 42' S 1,154 $ 1,313 3 1112.50 WIDTH ARCHED, 48' PANEL HEIGHT 1 ea OLD 0.6.42.240.40 PANEL LINEAR 001000, SINGLE CONFIGURATION, 43' DEEP, 24' WI020, ARCHED. 40' PANEL HEIGHT 5 1534 S 1.151 3 1,15650 7 ea 07E0401 SYNERGY LINEAR SINGLE END CAP,10, 46' PANEL HEIGHT 3 `.,100 5 625 1 5,775.00 ] ea 0100468 SYNERGY LINEAR SINGLE END CAP, RH. 405 PANEL HEIGHT $ 1.100 3 025 5 577500 1 ea. OLFPS]2h40 %% SYNERGY LINEAR 010E0PRIMARY SINGLECONFIGURAT10N, 77" WIDTH, 5 2,040 1 1906 5 1,905.]5 ARCHED, 40' 700E1 HEIGHT. NO MUL0IPOR0. NO TLS 1 ea 01E0481 SYNERGY LINEAR SINGLE ENO CAP. LH 46' PANEL HEIGHT 1.100 025 325.00 1 ea 0100488 SYNERGY LINEAR SINGLE ENO CAS, 00,40' 700010EIGM 1,100 025 025.00 23 ea AMR 3 ea MPBF.22 31 ea 0002470 1 ea CC 03070 1 ea 0003070 3 ea 0004270 20 ea TRW. 20 ee 466934 1 ea 069223 7 ea 069727 2 ea 069256-017 a Subtotal Published Options 070001DER MOTO PEDESTALS - PENCIL BOX FILE 22" DEEP, 17' WIDE, 26- HIGH PULL OUT SHELF 24' WOE, AO ON PIE. 01? SHELF 20' VIIDE,000 ON PILL OUT SHELF 36'WIOE.A00 ON PULL OOI SHELF 47' WIOE.ADO ON DESKTOP RACK MOUNT.] HIGH KEYBOARD ENERGY CHAIN MONITOR ARM. TABLE STAND TWO MONITORS. NON -HEIGHT 004007AOLE, TWO HORIZONTAL. 0' FOCAL ADJUSTMENT 100NIT0R ARM -TABLE STAM1'O, FOUR MONITORS, NONHEIGM ADJUSTABLE. TWO 0YE R I W O. 0' 60001 ADJUSTMENT MONITOR ARM- TABLE STAND. FIVE MONITORS, NON - HEIGHT ADJUSTABLE, TWO OYER THREE, 0' FOCAL ADJUSTMENT UN0UB110000 OPTIONS ply Unit Part Number 0050017000 ta ea ea ea ea 0ubtoIOBUnpublhlo4 Oplans 223 167 3,09575 1023 771 231300 100 75 2,32500 110 03 87 120 90 9000 150 113 337 50 580 915 0.70000 69 52 1.03500 743 1 557 5 5925 1.328 3 996 S 6,97200 2.825 5 2.119 5 423750 04.449 75 Lift Un11N.AC COS1) Extension OTHER COSTS City Unll Part Number Oean1p0on ea Dispatch Degre07 oupncnm '66on 5051-OTeo Cants Na NONE000PHEM CHARGES IE%TENOE0760804MY. ETC,) City Unll Part NUm0e0 00.0047000 ea Subtotal.,NOn£gulpmenl Charges GRAND TOTAL 1l2l 0017H0AC Cost) S S U S llsl 010.0114AC 00511 0 004,449.71 v rs o0067/1400peer 00 v0sp0n 1.1,0 wweww4 por.em nn mewmnv0onw. atv 412412.0 dayartx 'Keep retpnr,ve wanbW to Witten snwueewc eempmortvemalza 0lannw100000 -31- 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/8/09 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning specific to extremely hazardous substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. ISSUE: The parties to the Interlocal Agreement wish to continue operating under the terms of the Interlocal Agreement as has been done in years past. Nueces County and the Port of Corpus Christi Authority agree to support the LEPC by contributing $10,000.00 each per year. The City's contribution will be in -kind and will provide office space, utilities, and all appurtenant services, including legal, to enable the LEPC Administrator to fulfill obligations under State and Federal Law. REQUIRED COUNCIL ACTION: Passing of the resolution. PREVIOUS COUNCIL ACTION: This Interlocal Agreement was first authorized by Council in 1992, and then renewed in 1996. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the resolution. Attachments: 1. Resolution 2. Interlocal Agreement —35— Richard Hooks Fire Department RLH @cctexas.com 826 -3932 BACKGROUND INFORMATION The Interlocal Agreement for local emergency response planning specific to extremely hazardous substances was first authorized in 1992. It was subsequently renewed by the parties in 1996. The term of the last agreement expired in 2002. The parties have continued to operate under the terms of the agreement to date. At this time the City, the County, and the Port wish to renew the agreement for another five year term with an additional one year automatic extension. This agreement continues the terms of the prior agreements, and complies with the Texas Disaster Act of 1975 and is made by the parties to further implement the Federal Emergency Planning and Community Right -to -Know Act, 42, U.S.C. 11001, et. seq. -36- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A RENEWAL OF AN INTERLOCAL COOPERATION AGREEMENT FOR A TERM OF FIVE (5) YEARS FOR THE LOCAL EMERGENCY RESPONSE PLANNING SPECIFIC TO EXTREMELY HAZARDOUS SUBSTANCES WITH NUECES COUNTY, CITY OF CORPUS CHRISTI, AND PORT OF CORPUS CHRISTI AUTHORITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: September 2, 2009 T. risha Dang Assistant City Attomey For City Attomey —37— ar:Cnr inrflp Ana _ 1 PDC rinr Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott RESOLINTERAGR - LEPC.doc -38- -# 4 7) /mod/ INTERLOCAL COOPERATION AGREEMENT FOR LOCAL EMERGENCY RESPONSE PLANNING SPECIFIC TO EXTREMELY HAZARDOUS SUBSTANCES STATE OF TEXAS COUNTY OF NUECES } } On October 27, 1992, the Nueces County (County), the City of Corpus Christi (City), and Port of Corpus Christi Authority (Port) entered into the first agreement for the purpose of providing for the administration of the Local Emergency Planning Committee for Nueces County. This Agreement continues the terms of the prior agreements, and is made by and between the County, City, and Port, hereafter referred to collectively as the "Participants," to further implement the Federal Emergency Planning and Community Right -to -Know Act (Act), 42 U.S.C. 11001, et. seq. On June 24, 1987, the State Emergency Response Commission (SERC), as required by 42 U.S.C. 11001(b) and (c), designated each county as an emergency planning district and authorized the county judges to appoint the members of the local emergency planning committee for their districts. The Nueces County Judge has designated the City's Fire Chief as Chairman of the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC). Section 11003(c)(3) of the Act, Comprehensive Emergency Response Plans, requires designation of a Community Emergency Coordinator. The LEPC Chairman has been designated as the Community Emergency Coordinator for this emergency planning district. The Community Emergency Coordinator makes the determinations necessary to administer and implement the local emergency response plan. This Agreement (1) further facilitates implementation of the Act by creating an administrative position to assist the LEPC Chairman/Community Emergency Coordinator with extensive Federal compliance requirements; (2) identifies the leading role of the City as the Administrator for the LEPC; and (3) provides funding for training and administrative assistance to the LEPC. I. TEXAS DISASTER ACT This Agreement is in harmony with the requirements of the Texas Disaster Act of 1975, Government Code, Sec. 418.107(6), which allows political subdivisions to make agreements for the purpose of organizing emergency management services, and allows the creation of local emergency management groups to meet broad emergency and disaster management challenges. While both the County and City have independent emergency management programs, which are designed to respond to a broad range of disasters, the LEPC provides a mechanism for the coordination of emergency management efforts responding to incidents involving hazardous materials. The LEPC supports, but does not supplant the efforts or authority of the City and County emergency management programs. The City and County have committed to cooperate and coordinate their emergency response efforts, including the operation of a unified emergency operation center. LEPC- INTLOC(PMAL).DOC Page 89- 1 of 4 - II. PARTICIPANT FUNDING The Participants agree to support activities of the LEPC for emergency response to extremely hazardous substances, with funds and in -kind contributions committed by each totaling at least the value of $30,000.00 per year. The Port and County shall each contribute $10,000.00 to the fund each year this Agreement is in effect. These monies shall be deposited with the LEPC Administrator (City) for each fiscal year, which year runs from August I through July 31, as shall be reflected in the LEPC by -laws. The City shall provide office space, telephone, utility, and all appurtenant services, including legal, to enable the Administrator and an Administrative Assistant to fulfill obligations of the Participants under State and Federal law. III. CITY ADMINISTRATOR The Participants further acknowledge that the City serves as Administrator of the LEPC for purposes of implementing the federally mandated plan and required training under the Community Right -to -Know Act. The City shall employ an Administrative Assistant to assist the LEPC Chairman/ Community Emergency Coordinator. The Administrative Assistant shall be a paid City employee, whose position shall be civilian managerial, funded as described in paragraph II, for so long as the City acts on behalf of the LEPC as Administrator. The Administrative Assistant shall also serve as the LEPC Information Coordinator. Compensation for the Administrative Assistant may be further supplemented, as necessary, from anticipated voluntary contributions made by private industry members of the LEPC. The City reserves the discretionary right to relinquish the position of Administrator upon thirty days' written notice to the County and the Port, and should the County Judge fail to reappoint the Fire Chief as LEPC Chairman/Community Emergency Coordinator, the City may, at its option, withdraw from this Agreement upon thirty days' notice to the County and the Port. IV. FISCAL PROVISIONS This Agreement is subject to the annual availability of current revenues by the local governments, who are parties to this Agreement. The City shall keep accurate accounts of receipts and disbursements. All monies will be deposited in the name and to the credit of LEPC in an interest bearing account. The LEPC Chairman, or his designee, will approve all disbursements, taking proper vouchers for such disbursements. An account of all transactions and the financial condition of the LEPC shall be rendered at the regular LEPC meetings or whenever requested. Although the LEPC fund shall be separate and custodial in nature, the annual LEPC budget drawn from such fund shall be approved by the City Council in the form of an appropriation. V. ADMINISTRATIVE DECISIONS LEPC- INTLOC(FINAL).DOC Page 2 of 4 —40— Section 11003(c) of the Act provides that the Community Emergency Coordinator "shall make determinations necessary to implement the [local emergency response] plan." However, the Participants agree that any major policy or administrative decisions will be made jointly by the LEPC and Community Emergency Coordinator /LEPC Chairman. VI. DURATION OF AGREEMENT AND RENEWAL The term of this Agreement is five years, beginning on June 1, 2009. This Agreement shall be automatically extended for a subsequent year, unless any party gives written notice to the other Participants of its intent to withdraw from the agreement or requests an amendment to the agreement. Any Participant may withdraw upon ninety (90) days notice. This Agreement may be amended in writing upon approval of Participants. LEPC- INTLOC(FINAL).DOC Page 3 of 4 —41 Nueces County, Texas By: «dry Lai% tyj, amuel eal, Jr., Cou dge Diana Barrera, County Clerk APPROVED: Laura Garza Jimenez, County Attorney By: � I / /iii Bit County Attorney Date Port of Corpus Christi ut ity of Nueces County By: John LaRue xe u e City of Corpus Christi By: Angel Escobar, City Manager ATTEST: By: Armando Chapa, City Secretary APPROVED: Date Date By:t BM/ Assistant City Attorney Date ra l s 1 4- >mei LEPC- MTLOC(FINAL).DOC Page 4 of 4 —42— 7 AGENDA MEMORANDUM Date: September 8, 2009 SUBJECT: South Texas Library System grant for state fiscal year 2009 -2010 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of$ 378,906 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010. b) Ordinance appropriating $ 378,906 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission (TSLAC) designates and funds ten regional library systems each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971 -72 and continues to be so designated in state fiscal year 2009- 2010. The purpose of South Texas Library System is to provide supplementary and auxiliary services to its 54 member libraries in a twenty -six county area of South Texas. Corpus Christi Public Library is both administrative headquarters for STLS and a fully participating member of STLS. The plan of service and budget are developed in consultation with: member library representatives; an advisory council of six laymen; the director of Corpus Christi Public Libraries; and Texas State Library and Archives Commission. Current projects that will be continued are: Administration, Consulting including Literacy, and Continuing Education. The contract provides funds for four full -time staff members, library materials, supplies, equipment, telecommunications, travel, postage, printing, and professional services. Corpus Christi Public Libraries will receive $3,000 in adult literacy services. In addition, the City will receive $26,414 in indirect costs calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant is from September 1, 2009 through August 31, 2010. The amount for SFY 2008 -09 was $ 394,978. The total amount disbursed for Texas systems is $4,175,000, and is distributed based on the following formula: 34 %- of total amount is divided equally among systems 33 %- of the amount is proportioned by the number of member libraries in the system 33 %- is proportioned on a per capita basis of the population residing within system boundaries A $300,000.00 minimum grant is given to those systems that do not meet formula requirements, i.e., the smaller populated systems based in Abilene, Amarillo, El Paso, and Lubbock. The amounts awarded appear below. The number in parenthesis represents the number of public libraries in the system. —45— South Texas Library System Grant Page Two Houston Area Library System (68) - Houston $646,047 North East Texas Library System (105) - Garland $644,327 Central Texas Library System- Austin (79) $471,695 North Texas Regional Library System (73) - Fort Worth $469,318 South Texas Library System (54) - Corpus Christi $378,906 Alamo Area Library System (46) - San Antonio $364,707 Big Country Library System (39) - Abilene $300,000 Texas Panhandle Library System (27) - Amarillo $300,000 Texas Trans Pecos Library System (13) - El Paso $300,000 West Texas Library System (34) - Lubbock $300,000 REQUIRED COUNCIL ACTION: Contracts in excess of $50,000 and appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. .( ( Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com —46— A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $378,906 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $378,906 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2009 -2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: August 24, 2009. Courtney Dome! Assistant City Attorney For City Attorney —47— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —48— AN ORDINANCE APPROPRIATING $378,906 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $378,906 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2009- 2010. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of September, 2009. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: August 24, 2009 Courtney Domel Assistant City Attorney for City Attorney —49— 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, Council Members Joe Adame Mayor 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 —50— 8 AGENDA MEMORANDUM SUBJECT: Corpus Christi Public AGENDA ITEMS: DATE: September 8, 2009 Interlibrary Loan for state fiscal year 2009 -2010 a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $ 143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2009 -2010. b) Ordinance appropriating $ 143,018 from the Texas State Library and Archives Commission into the no. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been a regional referral center since 1967 -68 and continues to be so designated in the state fiscal year 2009 -2010. The purpose of Interlibrary Loan is to facilitate the lending and borrowing of books and other materials among libraries throughout the United States. Participating libraries in the 26 counties of South Texas are assigned to route their requests through this regional center. The contract will provide personnel funds for three full -time staff members, costs for use of the computerized lending network, supplies, equipment maintenance, printing, postage, telephone, and travel. In addition, the city will receive $10,466 in indirect costs, which is calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant period is for September 1, 2009 through August 31, 2010. The grant for SFY 2008 -9 was $ 148,694. REQUIRED COUNCIL ACTION: Contracts in excess of $50,000 and appropriation of funds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com —53— A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $143,018 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2009 -2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: August 13, 2009. Courtney Dome! Assistant City Attorney For City Attorney —54— Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —55— AN ORDINANCE APPROPRIATING $143,018 FROM THE TEXAS STATE LIBRARY AND ARCHVIES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $143,018 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2009 -2010. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of September, 2009, ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED S TO FORM: August 13, 2009 Courtney Domel Assistant City Attorney For City Attorney —56— 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, Council Members Joe Adame Mayor 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 —57— 9 AGENDA MEMORANDUM Date: September 8, 2009 SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state fiscal year 2009 -2010 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2009 -2010. b) Ordinance appropriating $80,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2009 -2010; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System since 1971 -72 and continues to be so designated in state fiscal year 2009 -2010. Each regional library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staff in using and maintaining information resource technology. South Texas Library System (STLS) provides supplementary services to its fifty -four member libraries in a twenty -six county area of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fifty -four member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel funds for one full time staff member and associated costs for telecommunications, equipment, professional services, travel, and supplies. The City will be reimbursed $6,025 for administering this grant; this indirect cost recovery is calculated at 14 percent of salaries. No funding will be required or requested from the City. The grant period is for September I, 2009 through August 31, 2010. The amount for SFY 2008 -09 was $ 79,000. REQUIRED COUNCIL ACTION: Contracts in excess of $50,000 and appropriation of funds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries 826 -7070 herbc @cctexas.com -61- A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $80,000 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2009 -2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi Assistant Secretary APPROVED AS TO FORM: August 24, 2009. Courtney Domel Assistant City Attorney For City Attorney —62— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —63— AN ORDINANCE APPROPRIATING $80,000 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2009 -2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $80,000 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2009 -2010. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: August 24, 2009 p Courtney Domel Assistant City Attorney for City Attorney —64— 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, Council Members Joe Adame Mayor 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 —65— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept the After School Archery Program Grant in the amount of $500 from the National Recreation and Park Association for the implementation of an after school archery program. B. Ordinance appropriating a $500 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund for the After School Archery Program; and declaring an emergency. ISSUE: The City of Corpus Christi Parks and Recreation Department has qualified to receive funding for the After School Archery Program through the National Recreation and Park Association. REQUIRED COUNCIL ACTION: Action is required to accept the After School Archery Program grant, appropriate grant funds and authorize the City Manager or his designee to accept any related documents. PREVIOUS COUNCIL ACTION: none FUNDING: The National Recreation and Park Association, in partnership with the National Alliance for the Development of Archery, is providing funding for this grant. CONCLUSION AND RECOMMENDATION: Staff recommends approval. 4112. . y Galt k, Director Parks a F Recreation Department 826 -34.4 sallyq (cctexas.com Attachments: Background Confirmation of Funding -69- BACKGROUND INFORMATION The National Recreation and Park Society (NRPA) has partnered with the National Alliance for the Development of Archery (NADA) to increase participation and create sustainable programming for youth in our community. Grants of five hundred dollars ($500) have been awarded to one hundred Park and Recreation agencies and community based organizations throughout the U.S. that currently provide or are interested in starting youth archery programs. The After School Archery Program (ASAP) combines proven training techniques with lesson plans, instructor training and easy access to equipment. The ASAP grant award will be utilized to provide services to the Parks and Recreation Summer Youth Programs due to budgetary cuts. The program will provide service to 500 youth. These youth will receive instructional training and opportunities to practice their newly acquired skills on a weekly basis for a total of eight (8) weeks. Existing staff will be trained to carry out program goals and objectives. The City of Corpus Christi Parks and Recreation Department is one of five organizations receiving this grant in the state of Texas. —70— After School Archery Grant RSVP 709 Page 1 of Exit this survey After School Archery Program Grant RSVP Congratulations! Your agency /organization has been selected as a Fall 2009 /Winter 2010 After School Archery Program grantee. The National Alliance for the Development of Archery, in partnership with NRPA, are thrilled that you are taking part in this national initiative to increase participation and create sustainable programming for youth in your community. As a component of the After School Archery Program grant, we are happy to supply your agency /organization with a grant in the amount of $500. The funds may be used to purchase archery equipment, programmatic resources and materials, and staff training relevant to the ASAP program. By completing this electronic RSVP form, your agency /organization agrees to the comply with the items listed below. NRPA must receive a completed RSVP form prior to distribution of any grant funds. THE DEADLINE FOR SUBMISSION I5 FRIDAY, JULY 17,2009 Please note: All Grant Checks must be cashed and /or deposited within 90 days and all funds expended by December 31, 2009. All grantees will be required to submit electronic copies of purchase receipts. Agency /Organization Name City of Corpus Christi Parks & Recreation Departmen * 2. Contact information fo First Name Last Name Address: Address 2: City /Town: State: person accepting the 2009 After School Archery Program grant.'— Clint Wyatt 1201 Leopard St. Corpus Christi TX Texas ZIP /Postal Code: 78401 Email Address: cl i ntw @cctexas.com -7 A er School Archery Grant RSVP 7_09 Phone Number: 361- 826 -3157 3. Shipping address - NO PO Boxes. Only complete if different than address above. Location must be able to accept delivery from express carriers. Agency / Organization Name Recipient Name Shipping Address Shipping Address City State: Zip Code: -- select state -- * 4. Grantee agrees to accept this $500 grant and work towards engaging youth in introduction to archery programs. 4® YES 0 NO Page 2 0 s 5. Grantee agrees to contact NADA to inquire about equipment purchase options and connecting with local certified archery instructors. YES 0 NO 6. Select the item(s) and where you anticipate spending grants funds for your archery program. Choose all that apply. An answer is required, if you select "other" please include a brief description of the item(s) d Bows l�J Quivers Arrows Armguards Finger tabs ri Bow stringer and Nocking f Netting C Targets —72 3 "After School Archery Grant RSVP 7_09 Page 3 bin Education Materials Program items i.e, workbooks, manuals etc. C Instructor Fees E Certification Course Fees Awards /Prizes Other (please specify) f3 -73 -74- Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT THE AFTER SCHOOL ARCHERY PROGRAM GRANT IN THE AMOUNT OF $500 FROM THE NATIONAL RECREATION AND PARK ASSOCIATION FOR THE IMPLEMENTATION OF AN AFTER SCHOOL ARCHERY PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a $500 grant from the National Recreation and Park Association for the implementation of an after school archery program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: Lisa Aguilar L,% Senior Assistant City Attorney For City Attorney , 2009 H:\LEG- DIR \Lisa\2009 Resolutions \ RES- authGrant- AfterSchoorArT5 7Program.doc Page 2 of 2 Corpus Christi, Texas Day of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR \Lisa\2009 Resolut ions\ RES- authGrant- AfterScho514firryprogram.doc Page 1 of 2 ORDINANCE APPROPRIATING A $500 GRANT FROM THE NATIONAL RECREATION AND PARK ASSOCIATION IN THE NO. 1067 PARKS AND RECREATION GRANT FUND FOR THE AFTER SCHOOL ARCHERY PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $500 grant from the National Recreation and Park Association is appropriated in the No. 1067 Parks and Recreation grant fund for the After School Archery Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: _AILA 2-7 , 2009 urn 47. t..� t -1 Lisa Aguilar() Assistant City Attorney For City Attorney H: \LEG -DI R \Lisa\2009 Ordinance\ ORD- appropGrant- AfterSchoaTtery.doc Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\LEG- DIR \Lisa\2009 Ordinance\ ORD- appropGrant- ANerSchO4rchery.doc 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8, 2009 AGENDA ITEM: A. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ACCEPT AND IMPLEMENT THE 2008 CONTINUUM OF CARE GRANT FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS. B. ORDINANCE APPROPRIATING A GRANT OF $717,499 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2008 CONTINUUM OF CARE GRANT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. C. MOTION RATIFYING THE 2008 CONTINUUM OF CARE ( "COC ") GRANT FUNDING AGREEMENTS WITH NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION AND THE SALVATION ARMY FOR SINGLES AND FAMILIES TO BE EFFECTIVE SEPTEMBER 1, 2009, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUBRECIPIENT FUNDING AGREEMENTS UNDER THE 2008 COC GRANT TERMS AS FOLLOWS: (1) $122,673 FOR NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION; (2) $309,537 FOR THE SALVATION ARMY; (3) $142,720 FOR GOODWILL INDUSTRIES OF SOUTH TEXAS, INC; AND (4) $142,569 FOR THE COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER DBA CHARLIE'S PLACE, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES. ISSUE: Acceptance, appropriation and execution of agreements for the 2008 Continuum of Care grant received from HUD. REQUIRED COUNCIL ACTION: Acceptance and appropriation in the amount of $717,499, and execution of agreements regarding 2008 Continuum of Care grant funds to Nueces County Mental Health and Mental Retardation, The Salvation Army, Goodwill Industries of South Texas Inc. and the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place. PREVIOUS COUNCIL ACTION: On October 14, 2008, the City Council approved a resolution to submit the "HOME 2009" Continuum of Care grant application to HUD. On June 9, 2009, the City Council approved an ordinance to appropriate $295,226 for Wesley Community Center and Corpus Christi Metro Ministries. CONCLUSION AND RECOMMENDATION: Accept the 2008 Continuum of Care Grant funds for Community Planning and Development Programs, appropriate $717,499 for 2009/2010 projects and activities approved by City Council on October 14, 2008, and execute agreements. Le C . *g} Margie C. ose Assistant City Manager /Interim Neighborhood Services Director MargieR o(%cctexas.com 361.826.3232 —81— BACKGROUND INFORMATION As the Lead Agency of the Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to certain timetables set forth by the grant application process, writing Exhibit 1 (narrative), ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the Continuum of Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each Subrecipient to ensure program compliance and all other responsibilities associated with grant administration. The following is a breakdown of the 2008 Continuum of Care grants funding application. The total below represents the HUD allocation not inclusive of the match requirements provided by each recipient. It is estimated that the economic impact of the award of $717,499 combined with $295,226 (previous council item) for a total Continuum of Care award of $1,012,725 will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The estimated $5M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. Entity/Program Term of Agreement Budget 1 Nueces County Mental Health and Mental Retardation September 1, 2009 — August 31, 2010 $122,673 2 The Salvation Army /Project September 1, 2009 — $181,143 Bridge for Families Transitional August 31, 2010 Housing The Salvation Army /Project $128,394 Bridge for Singles Transitional Housing 3 Goodwill Industries of South October 1, 2009 — $142,720 Texas/WORK 2000 Supportive September 30, 2010 Services 4 Charlie's Place Sunrise Recovery October 1, 2009 — $142,569 House /Supportive Services September 30, 2010 Projects total $717,499 It is estimated that the economic impact of the award of $717,499 combined with $295,226 (previous council item) for a total Continuum of Care award of $1,012,725 will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The estimated $5M is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless Issues Partnership (HP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long- standing relationship and processes established and maintained by the HP Committee and Community Development remains in place, thus allowing for a seamless and continuation of homeless services. Of the total Continuum of Care award of $1,012,725, the City of Corpus Christi will receive 2'%% of 5% of the grant allocation for the grant administration. This equates to approximately $25,318. —83-- A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ACCEPT AND IMPLEMENT THE 2008 CONTINUUM OF CARE GRANT FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWALS. 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 all documents necessary with the U. S. Department of Housing and Urban Development to accept and implement the 2008 Continuum of Care Grant for homeless supportive housing program renewals. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2009 Eliza" th R. Hundley' Assigtant City Attorney for the City Attorney EHres239.doc —84— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres239.doc —85— AN ORDINANCE APPROPRIATING A GRANT OF $717,499 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2008 CONTINUUM OF CARE GRANT PROGRAM IN THE COMMUNITY ENRICHMENT FUND NO. 1071 FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $717,499, received from the U.S. Depart- ment of Housing and Urban Development for the 2008 Continuum of Care Grant Program, is appropriated in the Community Enrichment Fund No. 1071 for Homeless Supportive Housing Program renewal projects and activities. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: August 31, 2009 Eli peth R. Hund -y Assistant City Attorney for the City Attorney EHord267.doc —86— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Council Members Joe Adame Mayor 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 EHord267.doc —87— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8, 2009 AGENDA ITEM: Ordinance appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and transferring $44,500 into the Airport 20008 Debt Service Fund No, 4641 for Debt Service on Airport Improvements and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement of airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417 and declaring an emergency. ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration and fund the debt service on bonds issued for completed terminal building improvements. PFC revenue must be appropriated prior to any expenditure. REQUIRED COUNCIL ACTION: All Ordinances require Council approval. PREVIOUS COUNCIL ACTION: On April 28, 2009, City Council approved Ordinance No. 028135 appropriating $907,292 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $432,842 into the Airport 2000A Debt Service Fund No. 4640 and $424,450 into the Airport 20008 Debt Service Fund No. 4641 for Debt Service on Airport Improvements and reimbursing $50,000 to the Airport Capital Reserve Fund 3020A for airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $907,292; and declaring an emergency.. FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $684,417 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A: Background Ordinance —91— Fernando A, Segundo Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes and /or budgets for completed, in- progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council- adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. ADDITIONAL PREVIOUS COUNCIL ACTION: 1. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002 -2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency. (Ord 025519) 2. May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency. (Ord. 025743) 3. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord. 026112) 4. July 25, 20060rdinance appropriating $ 729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $ 729,319 and declaring an emergency (Ord. 026885) 5. July 25, 2006 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency. (Ord. 026887) 6. July 25, 2006 Ordinance appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declaring an emergency (Ord. 026886) 7. August 29, 2006 Ordinance appropriating$1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641; and declaring an emergency ( Ord. 026960) 8. July 15, 2008, City Council approved Ordinance 027758 appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $1,076,812 into the Airport 2000A Debt Service Fund No 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $1,856,054; and declaring an emergency Exhibit A —93— AN ORDINANCE APPROPRIATING $684,417 FROM THE UNRESERVED FUND BALANCE IN PASSENGER FACILITY CHARGE FUND NO. 4621 AND RETAINING $70,000 TO FUND AIRFIELD RESCUE FIRE FIGHTING BUILDING IMPROVEMENTS, TRANSFERRING $469,917 INTO THE AIRPORT 2000A DEBT SERVICE FUND NO. 4640 AND $44,500 INTO THE AIRPORT 2000B DEBT SERVICE FUND NO. 4641 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS, AND TRANSFERRING $100,000 TO THE AIRPORT CAPITAL RESERVE FUND 3020A FOR REIMBURSEMENT FOR AIRPORT DRAINAGE IMPROVEMENTS; CHANGING THE FY2008 -2009 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $684,417; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation, in the amount $684,417, is made from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 to be appropriated as follows: retain $70,000 in Passenger Facility Charge Fund No. 4621 to fund Airfield Rescue Fire Fighting Building improvements, transfer $469,917 into the Airport 2000A Debt Service Fund No. 4640 and $44,500 into the Airport 2000B Debt Service Fund No. 4641 for debt service on airport improvements, and transfer $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement of airport drainage improvements. SECTION 2. The FY2008 -2009 Capital Budget, adopted by Ordinance No. 028006, is changed to increase appropriations by $684,417. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary A_PROVED: August 31, 2009 Eli �'eth R. Hund ey As tant City Attorney for the City Attorney EHord266.doc —94— Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Council Members Joe Adame Mayor 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 EHord266.doc —95— 13 AGENDA MEMORANDUM September 8, 2009 SUBJECT: Corpus Christi International Airport Terminal Building — Addition of Chiller No. 3 (Project No. 10034) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid with Malek, Inc., of Corpus Christi, Texas in an amount not to exceed $193,078.00 for the Corpus Christi International Airport Terminal Building — Addition of Chiller No. 3. ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the motions as presented. 2 Fred Segundo Director of Aviation 361 -289 -0171 ext. 1213 fredsecctexas:com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 peteanecctexas.com H:\ HOME \KEVINS \GENAIR_ restored \Chitler2009AddChiller3NAK 9rstrMemo.doc Page 1 of 1 BACKGROUND INFORMATION SUBJECT: CCIA Terminal Building — Addition of Chiller No. 3 (Project No. 10034) PROJECT DESCRIPTION: The project provides for the installation of a new centrifugal chiller in mechanical plant of the Hayden Head Terminal Building at Corpus Christi International Airport. The work includes the installation of a new primary piping system and primary pumps for the new chiller. Electrical work will include the installation of a new motor control center and new . breaker for the main switch board to power the new motor control center. The project provides direct digital control system modification so the new chiller is integrated into the existing control system. The systems will be complete including other essential electrical, mechanical and structural work required for a complete operating system. This chiller is the third chiller to be installed and will provide greater cooling system reliability, increase the service life over the use two chillers, and allow for future expansion of the Terminal. BID STRUCTURE: The project was bid as a base bid. BID INFORMATION: Bids from five (5) firms were received, and publicly opened on Wednesday, August 26, 2009. The total of the base bids ranged between $193,078.00 and $311,500.00. See Exhibit B. The low qualified bid (base bid) was submitted by Malek, Inc. of Corpus Christi, Texas. The FAA has requested the City to expedite the award of the contract. FUNDING: Funds are available from FM Grants and Aviation Capital Reserve CIP funds. The FM has increased the percentage of their grants to 95% of the project cost which requires a 5% local funding match. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 210 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the project and recommends proceeding. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid. FUTURE COUNCIL ACTION: • Council will be requested to authorize any change orders as may be required. —100 - H:\ HOME \KEVINS \GENAIR _restored \ Chiller2009AddChiller3 AwdConstrBkgExhA.doc Exhibit A Page 1 of 1 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: December 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 (Ordinance No. 028006). July 21, 2009 — Ordinance appropriating $2,010,220 from the Federal Aviation Administration Grant No. 3 -48 -0051- 045 -2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance /Storage Equipment Building, Phase III, Perimeter Service Road, Phase I1, rehabilitate Terminal Building, Phase I and Widen Taxiway B -4, Phase I at the Corpus Christi International Airport; and declaring an emergency. PRIOR ADMINISTRATIVE ACTIONS: July 27, 2009 — Administrative execution of an agreement with Bath Engineering Corporation of Corpus Christi, Texas in the amount of $33,120.00 for professional design, bid and construction phase services for the Corpus Christi International Terminal Building — Addition of Chiller No. 3. Exhibit A -1 Page 1 of 1 H: \HOME \KE VI NS \GEN\AIR_ restored\ Chiller2009AddChiller3\ Ald6gnstrPriorActionsExhA -1.doc Z W -4 0 0 O 2 0 ° 0 < °o al 1- m 00- 2m� 2 J Z 0W - ~ Z ma W F Z CO x N 7 a O O ENGINEER'S ESTIMATE: $300,000 TIME OF COMPLETION: 210 Calendar Days Scott Electric, Co. 2001 N. Port Avenue Corpus Christi, Texas 78401 zN O 0 0 ci 00 ^n O° w UNIT PRICE E in a E J Pro Tech Mechanical, Inc. 523311137, Suite C -9 Corpus Christi, Texas 78408 F- 2 0 Q < 8 O o in N ✓ 9 O o N 0 R' a E- z o E N a E J Mechanical, ]9 , Texas 78426 AMOUNT 0 0 8 0 (.> i N 0 0 o M N N tu 0 E a 1- 2 D E (n a E J c. Texas 78469 1- 2 O Qw 0 0 o 0 P ori 00 N N W 0 K 6 )-- 2 £ N E J , Texas 78498 AMOUNT 1 o o o 10 m w 0 0 in 0 K a 1- 2J E 0 a E Corpus Christi International Airport Chiller Replacement 2006 (Project No. 10034) F 0 0 Z pa m U w o _EF;a 0a Tai o p » 3 `c0 c E 000 om 'mc 'o v c3 E "a £ G vn o 2� Po 8 mx 6NC avii W.0NNN c y a'S j C" '�" y s v a o 0 5 _° _i o p c °o day 3 n G a m m Y '3^ 'o E v h w°% S m o «c ` 2 ry co 1- o BID ITEM 0 m W Q W CCIA Terminal Building — Addition of Chiller No. 3 (Project No. 10034) Preliminary Project Budget September 8, 2009 FUNDS AVAILABLE: Aviation CIP FAA Grant Funds $239,260.35 Airport 2000A CIP Fund $ 12592.65 Total $251,853.00 FUNDS REQUIRED: Construction Contract $193,078.00 Project Contingency (5 %) $ 9,655.00 QA/QC Testing Contract $ -0_ Engineering Design $ 33,120.00 Geotechnical Investigation $ -0- Construction Inspection (included in A/E fee) $ -0- Survey $ -0- Engineering Project Liaison $ 5,000.00 Incidental Expenses (Printing, Advertising, etc.)$ 8,000.00 TOTAL $251,853.00 H1HOMEVCEVINS \GEN AIR_ restored\ Chiller2009AddChiller3 \AIVgstrBudgetExhadoc EXHIBIT "C" Page 1 of 1 File \ Mproject \councilexhibits \exh10034.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE Wj,y i= \ CORPUS CHRISTI INTERNATIOJJAL \`':‘ \ AIRPORTip a j`— \\ `\ N \\ \ , E 1 PROJECT # 10034 MCG'LOI N RO% SITE PLAN NOT TO SCALE EXHIBIT "D" CCIA TERMINAL BUILDING - ADDITION OF CHILLER NO. 3 -104- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -26 -2009 MOW OS WV OMR 14 AGENDA MEMORANDUM September 8, 2009 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034. AMENDMENT: The amendment provides for construction management and full time resident construction inspection for the project listed in the motion. CONSULTANT SELECTION /PROJECTS: The City selected PGAL for Airport engineering services through an RFP for a multi- year service agreement. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FM Discretionary funds. A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 2004. The local sub - consultant on the projects will be Coym, Rehmet and Guiterrez. Geotechnical, engineering materials testing, inspection and laboratory testing services are being provided by the local PSI office. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Fred Segundo Director of Aviation 361- 289 -0171 ext. 1213 fredsta'�-cctexas. com ,ZPete Anaya, P.E. �" Director of Engineering Services 361 -826 -3781 petean(a?cctexas. com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map H.∎HOMEUCEVINSIGENWIR _restored \ 20041mprovemen tsNAE- PGAOAEAmd23AwdMerno doe —107— BACKGROUND INFORMATION ADDITIONAL INFORMATION: Corpus Christi International Airport has successfully received a number of FAA grants that has resulted in multiple construction projects to be proceeding simultaneously. The number of projects has resulted in significant complexity requiring an increased level of construction management and project inspection. The projects are significant enough to warrant a full time inspector on site. It was determined the best way to achieve the level of inspection and management required was through an amendment of the engineering contract with PGAL of Houston, Texas. On site inspection and contract management will be performed by PGAL's sub - consultant engineering firm of Coym, Guitierrez and Rehmet, of Corpus Christi, Texas. Approximately 76% of the contract value will be performed by Coym, Guitierrez and Rehmet. CONTRACT SUMMARY: The amendment will result in the consultant performing intensive construction management and full time inspection services on site. The projects being addressed by the amendment include the Corpus Christi International Airport: • Airfield Equipment and Maintenance Facility Project #10028; • Air Rescue Fire Fighting Building Improvements Project #10025; • Terminal Re- Roofing Project (Old Wing) 2008 Project #10026; • Toll Plaza Foundation Repairs; and • Terminal Building Addition of Chiller No. 3 Project #10034. A contract summary is attached. See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to authorize: • Award of any change orders that may require Council action; and • Award of future construction contracts engineering and engineering contract amendments when authorized by FAA. FUNDING: Funding is available from Airport Capital Reserve Funds and FAA Grants. The FAA will fund 95% of the cost for this contract. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —108- H: \HOME \KEVINS \GEN\AIR restored \20041mnrnvementn \AF -PQAI \AFAmd23AwdRknFyhA dnr EXHIBIT A Page 1 of 1 CONTRACT SUMMARY PGAL will provide Professional Construction Management and Inspection Services for upcoming construction of the CCIA Airfield Equipment and Maintenance Facility (CC PN 10028), CCIA ARFF Improvements (CC PN 10025), CCIA Terminal Re- Roofing Project (Old Wing) 2008 (CC PN 10026), Toll Plaza Foundation Repairs, and Chiller Installation. Amendment 23 construction management services will be provided by PGAL. PGAL will provide construction inspection and engineering through its sub - consultant engineering firm of Coym, Guitierrez and Rehmet, L.P. of Corpus Christi, Texas. Construction Management and Inspection Services for the Toll Plaza Foundation Repair will be provided only if the project proceeds during the construction of the other projects for which those services are being provided through this amendment. Construction Management for the Chiller Installation project is separately contracted by the City with the engineering firm of Bath Engineering Corporation. PGAL will therefore provide inspection services for the Chiller installation project as needed and requested. The scope of services will include services as provided by the Scope of Services as follows: 1. Provide Project Manager and Engineer to manage and oversee all aspects of Construction Management and Inspection Program, The Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. The Project Manager will coordinate various aspects of project including assuring proper staffing levels as well as prepare billing and other oversight tasks. 2. Provide a full -time Civil Inspector(s) trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. Airport and Engineer understand that the Inspector will cover multiple projects and may not be present for all construction activities depending on the day -to -day work load. 3. Ensure all on -site employees will be badged as required. 4. Provide off -site clerical and technical staff for preparation of proper construction management and inspection documentation. 5. Participate in pre- construction conference with Project Manager and Inspector(s) in attendance. 6. Attend weekly construction meetings and help resolve design and construction matters. 7. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 8. Consult with Airport on changes in scope or design that affect cost and make recommendations to Airport for solution. 9. Review and coordinate contractor's progress schedule and critical path updates with the contractor and airport representatives. 10. Monitor amounts owed to the Contractor for progress and final payments. 11. Monitor and report on status of traffic control, barricades, SW3P, and other on -going safety /operational tasks deemed as necessary. H: \HOME \KEVINSIGEN\ AIR_ restored\ 2004Improvements \AE -PGALL Amd23AwdExhg.doc Exhibit B Page 1 of 2 12. Make pre -final and final inspections with the Airport staff and provide a statement of completion for the project. 13. Review the Contractor's as -built construction drawings and prepare records of project as constructed. Summary of Fees, is amended by the authorize construction management and inspection services for an additional fee not to exceed $212,150.00. A summary of the schedule of fees is attached as Exhibit B -23. Construction Management and Inspection services fees will be invoiced in a format that clearly indicates the project for which the fee is being invoiced. Invoices for services provided by Amendment No. 23 will be based on the Engineer's estimate of the percentage of the services completed. Invoices for travel, per diem and lodging will be evidenced by a copy of invoices. Invoices will be submitted only once per month. The restated total not to exceed fee inclusive of all expenses is $3,310,747.60. HAHOME \KEVINS \GEMAIR_ restored\ 2004Improvements\AE -Pamd23AwdExhadoc Exhibit B Page 2 of 2 File : \ Mproject\ councilexhibits \exh10028- 25- 26- 34.dwg 625 .TPUECES BAY CORPUS C3fRrs i BAY LOCATION MAP NOT TO SCALE 0 CC 0 0 0 0 O m HWY 44 o CORPUS CHRISTI 1 INTERiITIONALnJ �AlRPORTd I MCGLOIN ROAD PROJECT # 10025- 10026- 10028 -10034 1 AGNES RD. L. 84 I CY CC 0 0 w BEAR LANE EXHIBIT "C" AMENDMENT NO. 23 AIRFIELD EQUIPMENT AND MAINTENANCE FACIL{fl! CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 -08 -2009 WI NOM 15 AGENDA MEMORANDUM September 8. 2009 SUBJECT: Airport Rescue and Fire Fighting Facility (ARFF) Improvements (Project No. 10025) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid with B. E. Beecroft Company, Inc.. of Corpus Christi, Texas in an amount not to exceed $265,000.00 for the Corpus Christi International Airport - Airport Rescue and Fire Fighting Facility (ARFF) Improvements. ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00 FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motions as presented. Fred Segundo Director of Aviation 361 -289 -0171 ext. 1213 fredst cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C. Budget Exhibit D. Location Map ,HOMPIKEVR:S,.GENa;I R_:eslo:ed20041mp:oecma Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(c`i cctexas.com -115- d3onsl .1:?r:ccdoc Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Airport Rescue and Fire Fighting Facility (ARFF) Improvements (Project No. 10025) PROJECT DESCRIPTION: The project provides for the widening of the existing 6 -bay doors on the ARFF from 14- feet in width to 16 -feet in width to suit larger ARFF vehicles. Construction requires the complete removal of the existing doors and supports and complete reconstruction of the door supporting structures, and the affected areas of the building facade, parapet walls, roof and other items as required. The new bay doors shall meet all criteria for design strength, wind loading, and other criteria such as insulation and weather stripping. Additionally, the new doors shall meet the requirements of FAA Advisory Circular (AC) 150/5210 -15A for "Vehicle Bay Doors" as applicable. The project includes resealing of the exterior joints around the perimeter of the building, including cleaning, new backer rod and sealant, BID STRUCTURE: The project was bid as a base bid. BID INFORMATION: Bids from four (4) firms were received, and publicly opened on Wednesday, August 19, 2009. The total of the base bids ranged between $265,000.00 and $490,684.00. See Exhibit B. The low qualified bid (base bid) was submitted by B. E. Beecroft Company, Inc. of Corpus Christi, Texas. The FAA has requested the City to expedite the award of the contract. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The FAA has increased the percentage of their grants to 95% of the project cost which requires a 5% local funding match. The project budget is attached. See Exhibit C. TIME OF COMPLETION: The contract provides for the work to be complete within 120 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the project and recommends proceeding. RECOMMENDATION: Aviation, Engineering and the project consultant have reviewed the bids and recommend award of the Base Bid. FUTURE COUNCIL ACTION: Council will be requested to authorize any change orders as may be required. —116- -:\ HOME \KEVINS \GENWIR restoredl20041mprovements\ 10066ARFF2008 \AwdConstrBkgExhA.doc Exhibit A Page 1 of 1 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: August 19, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility (Motion 2008 -221). December 16, 2008 — Second Reading Ordinance - Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 (Ordinance No. 028006). January 13 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services (Motion 2009 -007). July 21, 2009 — Ordinance appropriating $2,010,220 from the Federal Aviation Administration Grant No, 3 -48- 0051 - 045 -2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance /Storage Equipment Building, Phase III, Perimeter Service Road, Phase 11, rehabilitate Terminal Building, Phase I and Widen Taxiway B -4, Phase I at the Corpus Christi International Airport; and declaring an emergency. PRIOR ADMINISTRATIVE ACTIONS: November 17, 2008 — Administrative execution of an agreement with PSI, Inc. of Corpus Christi, Texas in the amount of $6,745.00 for Geotechnical Services for the Airfield Equipment and Maintenance Facility. H:\ HOME\ KEVINS\ GENAIR_ restored12004Improvements \100666f 2008 \AwdConstrPriorActionsExhA -1.doc Exhibit A -1 Pase1of1 A.MS.R. Inc $ 490,684.00 0 e 0 W 0 0 00 04 0 J $ 291,475.00 THE OF COMPLETION ENGINEERS ESTIMATE: v 0 u7 0 x a rc 0 2 0 te 0 a N 0 0, 0 0 Q T w CC PROJ NO. 5 0 ce 0 w rc rc 510 OUANTIT 0 w 0 N ID 0 0 0 D TOTAL BID: -118- Exhibit B Page 1 of 1 Airport Rescue and Fire Fighting Facility (ARFF) Improvements (Project No. 10025) Preliminary Project Budget September 8, 2009 FUNDS AVAILABLE: Aviation CIP FAA Grant Funds $503,177.95 Airport PFC Fund $ 26,483.05 Total $529,661.00 FUNDS REQUIRED: Construction Contract $265,000.00 Project Contingency (10 %) $ 26,500.00 QA/QC Testing Contract $ 5,000.00 Engineering Design (pro rated) $170,044.00* Geotechnical Investigation $ 6,745.00 Construction Inspection (est.) $ 14,840.00 Survey $ 15,532.00 Engineering Project Liaison $ 14,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 12,000.00 TOTAL $529,661.00 *Fee is based on additional engineering documentation, design, and surveying that FAA authorized. The construction project does not include elements approved by FAA for design that are included in the engineering fee. FAA declined to authorize funding to proceed with construction at this time for the following: • Adding approximately 30 -feet width of new Portland cement concrete pavement to the entire perimeter of the existing ARFF apron to better suit ARFF vehicle turning, parking and other maneuvers; • Remove and replace areas of the existing ARFF apron pavement that are exhibiting failure; • Construct a new ARFF station access road to the south connecting to Taxiway D. The new ARFF road is to be constructed of Hot -Mix Asphaltic Pavement (HMAC) and is to be about 973 -feet long and 24 -ft wide. The new ARFF road will require a new dual 7'x4' culvert to cross the existing ditch that parallels Taxiway D. Repairs to Taxiway lighting system will also be required; and • Re -grade the existing ditch around the ARFF station midfield area to drain more effectively. Also replace the existing culvert crossing under the north ARFF access road to bring it up to the required 25 -yr capacity. H:\ HOME \KEVINS \GEN\ AIR_ restored \20041mprovements \1006BIRf flDS AwdConstrBudgetExhC.doc EXHIBIT "C" Page 1 of 1 File : \ Mproject \councilexhibits \exh10025.dwg LOCATION MAP NOT TO SCALE 0 CL 0 T 0 N , PROJECT # 10025 \ � CORPUS CHRISTIJt iNTEANATIOAL4fi s — t Ll `a ti MCGLOIN ROAD c\ , SITE PLAN NOT TO SCALE EXHIBIT "D" AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS 120_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 -08 -2009 :r.- 16 AGENDA MEMORANDUM City Council Action Date: September 8, 2009 SUBJECT: American Bank Convention Center Chiller Replacement - 2009 Project No. 4368 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of $2,572,782.00 for the American Bank Convention Center Chiller Replacement Project — 2009 for the Base Bid, Additive Alternate No. 1 and Additive Alternate No. 2. ISSUE: The chillers were installed when the Center was originally constructed, were overhauled approximately 1995 and are approaching the end of their reliable service life. The units are essential to occupancy of the Center and the comfort of citizens and visitors using the facility. FUNDING: Funding is available from the Bayfront Tax Notes 2008 CIP Fund. RECOMMENDATION: Staff recommends approval of the motions as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteancctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H \ HOME \ KEVINS \GEN\CONVCTR\CHILLER\Chillorso8 AwdMemo. do; —123— AGENDA BACKGROUND INFORMATION SUBJECT: American Bank Convention Center Chiller Replacement - 2009 Project No. 4368 PROJECT DESCRIPTION: The project consists of: Base Bid • supplying mechanical and electrical demolition to remove the existing centrifugal chillers, chilled water pumps, condenser water pumps, cooling towers, control system and roofing system at the cooling towers; and • installation of three (3) new 450 ton centrifugal chillers, new primary chilled water pumps, new condenser water pumps, new cooling towers, new controls (central plant and air handlers), new terminal units, new variable frequency drives, and all electrical and structural work necessary for the project. Additive Alternate Bid No. 1 Provide new secondary chiller water pumps and variable frequency drives. Additive Alternate Bid No. 2 Provide new corrosion resistant coating for existing air handling units AHU -2, AHU -4B, AHU -6, AHU -12, AHU -22, and AHU -23. BID INFORMATION: The City received proposals from four bidders (see Exhibit "B" Bid Tabulation) on June 17, 2009. The bids ranged from $2,498,686.00 to $2,832,000.00 for the Base Bid. The bid for the recommended award of the Base Bid, Additive Alternate No. 1, and Additive Alternate No. 2 ranged from $2,572,577.00 to $2,945,000.00. All four proposals were properly executed and submitted in compliance with the bidding requirements for this project. The engineer's opinion of probable cost was $2,562,903.00. The consultant and staff recommend award to the qualified low bidder for the Base Bid, Additive Alternate No. 1 and Additive Alternate No. 2. FUNDING: Funding is available from the Bayfront 2008 CIP Fund. CONTRACT TERMS: The contract stipulates the project must be complete in 210 calendar days. The demolition and construction of the project will occur during cooler months of the year. The contractor is required to provide temporary chillers as may be needed during the project. ADDITIONAL INFORMATION: Bids for the project were originally opened on April 22, 2009. The bids were administratively rejected on May 4, 2009 after the two apparent low bidders withdrew their bids. The bids were withdrawn due to material errors and omission which state law permits without penalty. The next lowest bidder proposed base bid of $2,848,000 was almost EXHIBIT "A" Page 1 of 2 H: \HOME \KEV INS \GEN \CONVCTR \CHI LLER\Chillers08\AwdBkpExhA.doc $350,000 higher than originally budgeted. The plans and contract documents were restructured to permit the project to be re -bid to remain within project budget. HiHOME \KEVINS \GEN \CONVCTR\ CHILLER \Chillers08WwdBkg tdoc EXHIBIT "A" Page 2 of 2 PRIOR ACTIONS PRIOR COUNCIL ACTION: July 29, 2008 — a. Resolution amending Resolution No. 027649, which approved project to be funded through tax notes, to allow the transfer of funding between the individual approved projects as needed, while remaining within the authorized principal amount (Resolution No. 027783). b. Ordinance amending Ordinance No. 027708 which authorized issuance of tax notes in principal amount of $22,260,000 to all allow for the transfer of funding between the individual approved projects as needed, while remaining within the authorized principal amount (Ordinance No. 027784). August 12, 2008 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount not to exceed $267,990.00 for the American Bank Center Chiller System Upgrade /Replacement project (M2008 -206). PRIOR ADMINISTRATIVE ACTION: May 4, 2009 — Issuance of Addenda No. 3 to reject bids opened on April 22, 2009 to permit restructuring of bids to lower project cost after the two low bidders withdrew as permitted by statute due to material errors and omissions in their bids. Exhibit A-1 Page 1 of 1 —1 2 6— TABULATION OF BIDS TIME OF COMPLETION: 210 Days (Base Bid) to I Val/ AMOUNT oo 0 0 o o a 0 0 0 0. °o oo m c m 00 N N 2945 000 .00 W K a J J Wethertrol PO Box 4881 Corpus Christi Texas ]Ad0.Q Z p o o 00 0 o o o o o T° N Cl o b N N 731500.00 F W N N Malek 2521 Antelope Corpus Christi Texas 78408 AMOUNT o 0 0 0 0 m m m o m m m tl N N 0 0 c- o^ i I0 N F W U_ a N J J M81or & Miller PO Box 260609 Corpus Christi Texas 78426 t j p ¢ o 0 0 o 0 0 cp 00 0°n m n n N ry MI a J J J Engineers Estimate Bath Engineering Corpus Chrsti Texas 78411 Z O o 0 0 0 0 0 m oo co `°v N v m N UNIT PRICE N In N CITY OF CORPUS CHRUSTI - AMERCAN BANK CONVENTION CENTER CHILLER REPLACEMENT ,PROJECT NO. 4368 N Z 0 N J J J p r r � p F W N a v 9 ° y C @ N 00 W CV u ma v°i Z y w` v « v 0 m E E 3 0@ ac 3 3 -6.— a « v>° ry 6 7 v' 3 v v E 9 0 v 3 c m x v v, I v 'o V v N m C D c tx MC 0 o o' m 3 m @ m c C N = C N g ° rt.- X C d@ y O N L @ m Z C S ° o�; 3a 3 3-D° Eo O1s o`"c O13 E o n 3 ,- w`c c qU v coQ'°a _ ] �Q p° L w- . C S o ° O Q C W 3 R V a W P. U a g of N pi w ry `u o c y >'« 0 v v s o$° t@ 3 0 °c v n°� 2 v ° a w 9 o S o a u a ¢ t� 3 0@ C t@ ._ a a a m a o G Q U W U! F Z o cp Ed w —127 ¢ m to PROJECT BUDGET Chiller Replacement — 2009 Project No. 4368 September 8, 2009 FUNDS AVAILABLE: Bayfront Development 2008 CIP Fund (Tax Notes) $3,113,461.77 $3,113,461.77 FUNDS REQUIRED: Construction (Malek, Inc.) $2,572,577.00 Contingencies (4 %) 102,900.00 Consultant (Bath Engineering Associates) 267,990.00 Administrative Reimbursements 14,000.00 Engineering Reimbursements 15,000.00 Misc. (Printing, Advertising, etc.) 12,000.00 Total $2,984,467.00 Variance $128,994.77 Remaining Funds will be used for Selena Lighting Control Project Phase 1. —1 2 8— Exhibit C Page 1 of 1 File project \ councilexhibits \ exh4368b. dwg SHIP CHANNEL eo• 7 e SOLOMON OROZ COP.Pus OCRI577 BA 5 VICINITY MAP NOT TO SCALE PROJECT #4368 EXHIBIT "C" AMERICAN BANK CENTER - CHILLER SYSTEM UPGRADE /REPLACEMENT -129- CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06-30-2009 NMI MIS OW NMI 17 AGENDA MEMORANDUM DATE: September 8, 2009 SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements (BOND ISSUE 2008) (Project No. 3391) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Infinity Builders of Laredo, Texas in the amount of $249,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements for the Total Base Bid. (BOND ISSUE 2008). ISSUE: Both the H.E.B. and Al Kruse Tennis Centers are widely used by citizens throughout the community as well as for leagues and tournament play. Both facilities are in need of several repairs. This project will make improvements to both tennis centers. H.E.B. renovations will provide for Courts 3 and 4 for base repair and concrete overlay. Al Kruse renovations include court improvements, repair and painting walkways, aesthetic upgrades, fencing, retaining wall repairs, benches, new roof on club house and new air conditioning. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A construction contract is required to complete the project and requires City Council approval. FUNDING: Funding is available from the Park and Recreation 2009 CIP Fund (Bond 2008). RECOMMENDATION: Staff recommends approval of the motion as presented. Sally Gavlik Director of P s and Recreation 361/826-3464 sallyo cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map —133— Pete Anaya, P.E., Director of Engineering Services 361/826 -3781 petea n(cr�cctexas.com H:\IIOMEUCe11yO\GEN\PARKS AND REC\3391 -11E8 and Al Kruse tennis Centers Court lmprov\Concttucuion\2 AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements (BOND ISSUE 2008) (Project No. 3391) PROJECT DESCRIPTION: Consists of concrete overlay, asphaltic tennis court repairs and painting, new wind screens and miscellaneous repairs and H.E.B. and Al Kruse Tennis Centers and air conditioning replacement at Al Kruse Tennis Center. BID INFORMATION: On August 12, 2009, the City received proposals from two (2) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $249,000 to $326,186 for the Total Base Bid. The estimated cost of construction is $215,000. Infinity Builders of Laredo, Texas was the low bidder on the project. The city's consultant, Dykema Architects, has verified references of Infinity Builders; and all references have been complimentary. The City's consultant, Dykema Architects, and City staff recommend a contract be awarded to Infinity Builders in the amount of $249,000 for H.E.B. and Al Kruse Tennis Centers Court Improvements (BOND ISSUE 2008) for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 180 calendar days, with completion anticipated in April 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —134— H:UIOME KcIIVO\GEN\PARKS AND REN391 -HER ard AI Kruse tennis Cm\ers Conn Imorov \Consimction3 AGENDA BACKGROUND Mc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: H.E.B. and Al Kruse Tennis Centers Court Improvements (BOND ISSUE 2008) (Project No. 3391) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 02800 PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 4. May 20, 2009 — Executed a Consultant Contract with Dykema Architects, Inc. in the amount of $23,900 for H.E.B. and Al Kruse Tennis Centers Court Improvements (BOND ISSUE 2008). HAHOME \Ke11Y01GEN\PARKS AND RE03391 -HE9 and Al Kruse Lewes Centers Cour l SfieTrnction\a PRIOR PROJECT ACTIONS.dac EXHIBIT "B" Page 1 of 1 8 U N K 0 — LL mp Oy F OU F0 ? ww aw z 0 z w LL 0 F Z w 1- H re a. w w 0 T CO 0 0 0 6 a f 0 LL 0 w 5 1= Barcom Commercial 5826 Bead Ln. Corpus Christi, TX 78405 Z o0 Q co r us M X00 0) <o 0 6 0 N O en M 00 N 0 ei 49 00 0 S $1,009.00 $1,258.00 $1,258.00 00 co 0 r W °o N N R H $6,524.00) o N 0 td K o I7 M Oi °o CO m M N UNIT PRICE $326,186.00 O O O o 9 O N 9 2 to N3 I $6,524.00 Infinity Builders 6948 US Hwy 83 South Laredo, TX 78046 AMOUNT 2 O O N 63 8 O O O N 49 O_ 0 h cs $700.001 $3,000.001 0 0 O W 0 Oo w 0 M Oo w o Y h 49 O Y N 49 o N 6J to 0 0 to Nw 0 N o p 8 o O N M UNIT PRICE 0 2 o o Oi O N 0 ci ° 4, $3,000.00 00 (6 o) 4, O of r 6 O N H.E.B. AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS Project No. 3391 ITEM DESCRIPTION m $ to c Fumish all labor and materials, tools, and necessary equipment, and to perform the required work at the locations set out by the plans and specifications and in strict accordance with the contract documents. (TOTAL BASE BID (Additive Bid Item No. 1 Removal of existing ceramic floor tile and base in the Men's Shower at Al Kruse Tennis Center and providing new ceramic tile flooring and base. TOTAL ADDITIVE BID ITEM NO. 1 Additive Bid Item No. 2 Painting of all interior walls of the clubhouse ,at Al Kruse Tennis Center. (TOTAL ADDITIVE BID ITEM NO. 2 Additive Bid Item No. 3 Painting of the interior walls in the Men's and Women's Locker Rooms at Al Kruse Tennis Center. TOTAL ADDITIVE 61D ITEM NO. 3 Additive Bid Item No. 4.. '. eacn or me remaining seven wures vain c coats black asphalt and 2 coats of finish at Al Kruse Tennis Center. TOTAL ADDITIVE BID ITEM NO. 4 Additive Bid Item No. 5 6 Seating and re- striping of the existing parking lot at Al Kruse Tennis Center. TOTAL ADDITIVE BID ITEM NO. 5 TOTAL ADDITIVE BID ITEMS NOS. 1,2,3,4.5 ITOTAL BASE BID r N 0) V N —136— EXHIBIT "C" Page_— PROJECT BUDGET H.E.B. AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS Project No. 3391 September 8, 2009 FUNDS AVAILABLE: Park and Rec 2009 CIP (Bond 2008) $300,000.00 FUNDS REQUIRED: Construction (Infinity Builders) $249,000.00 Contingencies (10 %) 24,900.00 Consultant (Dykema Architects) 23,900.00 Reimbursements 1,500.00 Misc. (Printing, Advertising, etc.) 700.00 Total $300,000.00 FUNDS REMAINING $0.00 The following Additive Bid Items will be awarded as Change Orders subject to the availability of funds. 1. Additive Bid Item No. 1 consisting of the removal of existing ceramic $700.00 floor tile and base in the Men's Shower at Al Kruse Tennis Center and providing new ceramic tile flooring and base. 2. Additive Bid Item No. 2 consisting of the painting of all interior walls $3,000.00 of the clubhouse at Al Kruse Tennis Center. 3. Additive Bid Item No. 3 consisting of the painting of the interior walls $913.00 in the Men's and Women's Locker Rooms at Al Kruse Tennis Center. 4. Additive Bid Item No. 4 consisting of a unit price per tennis court to $6,743.00 patch and paint each of the remaining seven courts with two (2) coats black asphalt and two (2) coats of finish at Al Kruse Tennis Center. 5. Additive Bid Item No. 5 consisting of the sealing and re- striping of $5,568.00 the existing parking lot at Al Kruse Tennis Center. TOTAL ADDITIVE BID ITEM NOS. 1,2,3,4 & 5 $16,924.00 —137— File \ Mproject \councilexhibits \exh339 BAY PROJECT LOCATION N Kruse Tennis Center JsP ECES CORPUS CSRIS27 BAY AGUES CORPUS CHRISi1 INTERNATIONAL NRPORT LOCATION MAP NOT TO SCALE PROJECT LOCATION HEB Tennis Center ICI see SS CID PROJECT SITE Al Kruse Tennis Center 502 King St, Corpus Christi, Tx PROJECT SITE HEB Tennis Center 1520 Shely St, Corpus Christi, Tx F-11-1 SITE PLAN PROJECT # 3391 NOT TO SCALE SITE PLAN NOT TO SCALE EXHIBIT "E" HEB AND AL KRUSE TENNIS CENTERS COURT IMPROVEMENTS (BOND ISSUE 2008438_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-14--2009 SIMI IMPS MPS ISOM ■• 18 AGENDA MEMORANDUM City Council Action Date:. September 8, 2009 SUBJECT: NAS Corpus Christi Effluent Reuse Lift Station & Farce Main Project No. 7407 / CIP No. WW 36 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with J.J. Fox Construction, Inc. of Portland, Texas, in the amount of $634,036.50 for the NASCC Effluent Reuse Lift Station & Force tvfain for the Total Base Bid, ISSUE; This project will allow for the reuse of effluent from the Laguna Madre Wastewater Treatment Plant at the new golf course at NAS Corpus Christi. An effluent pumping station end distribution line will be built and extended to the limits of the NAS Corpus Christi property, The project has bid and Council approval is required in order to award the construction project. FUNDING. Funding for this project will come from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826 -1801 fostercfa).cctexas.corn Additional SuPport Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Background Information Prior Project Actions Bid Tabulation Project Budget Location Map Pete Anaya, RE. Director of Engineering Services 361/826 -3781 peteanC7a cctexas.com It1MOMMflachO$t tGEMWesfawatuNIOT .NAS EfRuent Haute Fars Metn%Cansuuc ntAcenda Memo dos —1 4 1— AGENDA BACKGROUND INFORMATION SUBJECT: NAS Corpus Christi Effluent Reuse Lift Station & Force Main Project No. 7407 / CIP No. WW 36 PROJECT DESCRIPTION: This project consists of constructing an effluent pump station and a new force main from the Laguna Madre Wastewater Treatment Plant to Naval Air Station Corpus Christi for effluent irrigation at the NASCC golf course. Ultimately, the City and NASCC plan to construct a new entrance road connecting NAS Drive to Dimmit Drive, allowing for more efficient public access to the golf course and other non- restricted areas (Post Exchange, hospital, etc.). The project consists of approximately 6,100 linear feet of 12 -inch PVC force main, a 1.2 MGD effluent pump station, flow meter, electric controls, 5' X 5' & 6' X 6' concrete junction boxes, air release valve assemblies, dewatering, brush clearing and pavement repair, in accordance with the plans, specifications and contract documents. BID INFORMATION: On August 5, 2009, the City received proposals from eight (8) bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $634,036.50 to $1,239,233.60. The estimated cost of construction is $1,360,000. City staff and the consultant, LNV Engineering, recommend that the contract be awarded to J.J. Fox Construction, Inc. of Portland, Texas in the amount of $634,036.50 for the NAS Corpus Christi Effluent Reuse Lift Station and Force Main. CONTRACT TERMS: The project is estimated to require 270 calendar days, with completion anticipated in June 2010. PROJECT BACKGROUND: LNV Engineering was contracted by the City of Corpus Christi to investigate and evaluate alternatives for irrigating a golf course located at Naval Air Station Corpus Christi (NASCC) with Type II reclaimed effluent (Le., treated wastewater) from the Laguna Madre Wastewater Treatment Plant (WWTP). The Laguna Madre WWTP currently operates under an existing 20/20 (BOD/TSS) effluent discharge permit. The permit allows for an average flow of 3 MGD (million gallons per day), a peak flow of 9 MGD, and has no nutrient limits. The purpose of the investigation was twofold: to provide a way to beneficially reuse the effluent from the Laguna Madre WWTP instead of conveying it directly into the Laguna Madre, and to reduce the demands on the City's potable water system. The overall project has been separated into two phases. This project is Phase 1 and was assigned to the City of Corpus Christi. The work includes an effluent lift station and force main from the Laguna Madre WWTP to the southern NASCC property line. Phase 2 has been assigned to NASCC and will involve the installation of the remaining portion of the line which will convey the effluent from their property line to a proposed storage reservoir located on NASCC property. H: \ HOMEtRachelie GENIWaslewateA7407-NAS Effluent Reuse Force Man1CoreA4caletelenda Background.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: NAS Corpus Christi Effluent Reuse Force Main Project No. 7407 / CIF No. WW 36 PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 2. February 24, 2009 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $123,584 for a revised fee of $138,584 for the NAS Corpus Christi Effluent Reuse Force Main project for design of a new effluent force main. (Motion No. 2009 -048) PRIOR ADMINISTRATIVE ACTION: 1. April 29, 2008 — Administrative approval of a Small Contract for Consultant Services with LNV Engineering in the amount of $15,000 for the NAS Corpus Christi Effluent Reuse Force Main project for the completion of a feasibility study on the reuse of the effluent. 2. August 14, 2009 — Administrative approval of a Small Geotechnical Testing Agreement with Rock Engineering and Testing Lab in the amount of $6,650 for the NAS Corpus Christi Effluent Reuse Force Main project. —143— H: \ HOME\Rachelle \GEMWastewaler\7407 -NAS Effluent Reuse Force Main\Gonstruction \Prior Project Actions ooc EXHIBIT "B" Pale 1 of 1 Z 0 W m J ma 0 g 0 F_ U Q 0 J 0 - f H SLC Construction 1165 Rodeo Drive Aransas Pass, TX 78336 TOTAL PRICE $ 33,000.00 $ 8 397 50 $ 335,312.50 $ 33,750.00 $ 27,500.00 $ 22,800.00 II $ 7 600 00 $ 263,030.04 II $ 17,200.00 $ 218750 1 $ 7,620.00 II N IC CO 0 69 $ 3,625.00 II N N hM1 (0 0 W. 69 69 �'. $ 19,500.00 II $ 5,000.00 $ 30,380.00 $ 1 134 92 $ 450.00 0 0 O)9 0 N O N » 69 $ 6,250.00'' $ 3.827.88 • $ 3,750.00 $ 2,500.00 II $ 10.000.00 O O to w $ 3,032.75 $ 2.850 00 $ 19,375.00 $ 20 000 00 $ 1.875.00 $ 8.959.54 03 M (0 0) w w t.; U a $ 33,000.00 $ 4193.75 $ 335,312.50 $ 33.750.00 $ 27,500.00 $ 22,800.00 $ 1.900.00 0) N V w $ 537.50 $ 2.187.50 )n h N CO w 0 V) ^ r w $ 3,625.00 $ 15,337.50 $ 17.837.50 $ 6,500.00 $ 5,000.00 00) 0 0 N 1p w w 0 r- V $ 62.50 $ 25.00 $ 6,250 00 $ 0.63 $ 3,750 00 $ 1,25000 $ 10,000 00 $ 3,750 00 00 h )9 w 19 $ 19,375.00 $ 20,000.00 $ 375.00 $ 12.91 Ram -Bro Contracting 904 Industrial Ave Robstown, TX 78380 i TOTAL PRICE 0 0 O 0 O N N w $ 110,000.00 $ 34,000,00 $ 30,000.00 $ 28,000.00 $ 7,200,00 0 0 (0 0 I� 0 N » $ 27,200.00 $ 1,800.00 o o o 0 (0 N w O O o 0 N h (0 w O 9 O 0 N 0 w $ 10,500.00 $ 12.000.00 $ 25,500,00 $ 45,000.00 0 0 0 0 03 0 0 C} 0 N 0 w 19 0 0 0 N f9 0 0 0 0 0 vi O n 0 6 69 69 0 0 0 0 o N O` O (0 0 0 f9 i$ 5,000.00 $ 4,000,00 $ 48,000.00 o 0 0 O 0 03 F9 $ 6,932.00 $ 2,736.00 $ 40,000.00 $ 20,000.00 $ 1,250 A0 II $ 8,328.00 O 0 0 0 O O 0 M U°n 1$ 25,000.00 $ 1.,500.00 o O 0 a o w li $ 34,000.00 $ 30,000.00 O o o o d a o0 N f » e9 $ 850.00 $ 1,800.00 0 0 t o `� «, $ 7,500.00I 0 0 o w 0 69 $ 10,500.00 3 12,000.00 $ 8,500.00 $ 45,000.00 $ 18.00 $ 12.00 0 0 m w $ 45.00 I $ 15.00 00 0 0 o N a (O e9 (9 $ 5,000 00 $ 2,000 00 $ 48,000.00) $ 5,000.00 $ 4.00 $ 36.00 $ 40,000.00 $ 20,000.00 $ 250.00 I $ 12.00 Jhabores Construction P.O Box 60089 Corpus Christi, TX 78466 Q w p K I-- a $ 25,000.00 $ 17,000.00 $ 110,000.00 $ 42,000.00 $ 33,000.00 $ 15,000.00 $ 6,600.00 $ 170,128.00 $ 23,488.00 $ __ 400.00 0 0 O V ° 3 42,500.00 $ 3,445.00 $ 16,000.00 $ 0 0 o a 0 $ 25,000.00 $ 3,038.00 $ 2,244.00 $ 420.00 $ 6,400.00 $ 275.00 $ 6.800.00 $ 3,038.00 $ 10,000 00 I $ 7,400.00 $ 15,500.00 $ 3,200.00 $ 5,199.00. $ 2,280.00 $ 10,000.00 $ 20,000,00 ($ 2,500.00 $ 4,164,00 0 0 m o m w w UNIT PRICE O O O 0 O O o O O N N 0 N 03 M O 0 O O o O 09 $ 42,000.00 $ 33,000.00 $ 15,000.00 $ 1,650.00 O O 0 N CS $ 734.00 $ 400.00 O O N ^ M $ 8,500.00 $ 3,445.00 00'000,9 L $ 00'000'91. $ �s 5,200.00J $ 25,000.00 $ 0.50 $ _ 33.00 O 0 0 M M 0 0 00000 0 0 0 N t 9 N 0 0 0 0 O 0 p W M 0 0 O O O N f 9 O O O O o O W $ 3,700.00 $ 15,500.00 $ 3,200.00 O O O O M O 0 M 0 $ 10,000 00 $ 20,000 00 $ 500.00 $ 6.00 onstruction ox 1179 TX 78374 TOTAL PRICE $ 1,000.00 $ 5,000.00 $ 110,000.00 $ 27,900.00 $ 23,000.00 0 0 0 0 °0 00 o> o ➢ 00 0 0 0 N 00 N 0 $ 32,000.00 $ 250.00 $ 4,800.00 0 0 00 0 N 0 0 00 N 0 $ 8,000.00 3 9,000 00 $ 24,000 00 0 0 0 0 $ 24,304 00 $ 1,700.00 0 0 $ 3,600,00 $ 75.00 '.$ 2,500.00 3 12,152.00 '., $ 2,500.001 $ 5,00000 $ 5,00000 $ 4,000.00 $ 4,332.50 $ 1,520.00. 3 3,000.00 $ 20,000.00 $ 375.00 ' $ 6,940.00 $ 634,036.50 w I$ 1.000,00 $ 2,500.00 O O O o O w $ 27,900.00 $ 23,000.00 00'009'L $ 00'000'01 $ 1 $ 33.00 $ 1,000.00 $ 250.00 $ 100.00 O o O 0 0 w 3' 5,000.00 $ 8,00000 00'000'9 $ 00000'6 $ O O a N 0 O 69 I $ $ 4.00 25.00 O O N w I $ 45.00 $ 15.00 $ 2.500.00 $ 2.00 O O U o O » O O s vJ N w $ 2,500.00 $ 5,000.00 $ 4,000.00 O o N o N (9 w $ 3,000 00 $ 20,000 00 0 0 O O w w REUSE LIFT STATION & FORCE MAIN PROJECT NO. 7407 DESCRIPTION MOBILIZATION SITE CLEARING AND STRIPPING 11.2 MGD EFFLUENT LIFT STATION WITH WET WELL ASSOCIATED PIPING, PUMPS, RTU (COMPLETE ASSEMBLY WITH ANTENNA)(SUPPLIED ONLY, NOT INSTALLED) FLOW METER AND VAULT ;12" GATE VALVES 12" (C900 DR 18 PVC EFFLUENT) FORCE 'MAIN 12" DIP BENDS (ANY ANGLE) x,12" PRESSURE PLUG 124" PVC SANITARY SEWER PIPE (SDR 26) 1 AIR RELEASE VALVE ASSEMBLY & 5' FRP MANHOLE ABOVE GROUND AIR RELEASE VALVE ASSEMBLY 5' x 5' JUNCTION BOX 16' X 6' JUNCTION BOX SLIDE GATES DEWATERING FOR LIFT STATION & MANHOLES DEWATERING FOR EFFLUENT LINE 4" PVC PIPE 16' CURB AND GUTTER REMOVE AND 'REPLACE ASPHALT UTILITY PAVEMENT REPAIR [FLEXIBLE BASE PAVEMENT REPAIR TRAFFIC CONTROL TRENCH SAFETY FOR FORCE MAIN TRENCH SAFETY FOR JUNCTION BOXES I SEEDING BY -PASS PUMPING STORM WATER POLLUTION PREVENTION PLAN (SW3P) SILT FENCE REMOVE AND REPLACE FENCE EXPLORATORY EXCAVATION UNANTICIPATED UTILITY ALLOWANCE BOLLARD PIPELINE MARKERS 4" WATERLINE REMOVAL 11 TOTAL BASE 81D ~ (0 J U J J J 03 Ili LL J Q Q W W LL J G 03 G Q W w G Q w w CO J LL LL J J U } j- J 0 N CO LL J J (0 J N� J U 0 N J J LL LL J J (n (9 J J Q LL W O N 0- 6,076 I Q 5I - CJ O CO m co r o0 V) 1 6,076 N �- 1,733 76 5 694 I .- N (7 C N O N 0 0 O r (0' 0 0 ' 0 0 0 �` N N N N M N N N N (0 h N N 0 0) N N 0 (7 C) N CJ Cl C! V' V) (0 (0 -144- over the amou The totals reflected here are the Unit Price x Qty. Section B -2 -7 states, "The unit price shall gove The areas with bold borders indicate an error in an extension or an addition err EXHIBIT " a" Austin Engineering Co P.O. Box 342349 r, 1A 10134 TOTAL II jN( Y V DU,UUU,UU $ 35,000.00 $ 196,500.00 $ 27,000.00 $ 22,000.00 $ 20,000.00 1 $ 8,400,00 $ 261,268.00 $ 36,800.00 $ 3UU.UU $ 3,744.00 $ 48,000,00 $ 3,650.00 O t o< N c `- m 6 19,ouu.uu $ 40,200,00 $ 15,000.00 0 0 O 0 (O 69 69 0 0 0 0 O O n M N M $ 9,200,00 $ 325.0011 $ 7,500.00 D 0 0 D 0 0 J O 4 V 0 O (9 - N N 9 M F9 0 0 00 co n 00 t9 F9 0 0 0 0 O 0 0 r- O 69 0 0 N- Q 0 0 0 m N CO M 69 0 0 0 0 O O 0 0 1)-(0e1 O N M 49 0 0 0 0 0 CO 0 N N 6 OI 0 0 N 0 69 1_ ( 2 O d C 61.1 u 9 $ 17,500,00 $ 196,500.00 $ 27,000.00 $ 22,000.00 $ 20,000.00 $ 2,100.00 $ 43,00 0 O O <-M 74 69 0 0 0 m r 69 00'009'6 $ 1 11 $ 3,650.00 0 C N C Na D WV $ 13,400.00 $ 15,000,00 Il e «.501 ) 0 3 0 O ) M, > (9 0 0 N 6969 0 0 u 0 0 0 N O6 m v0i n Wd $ 32,000,00I $ 20,000.00 0 C 0 C O C 0< CO c 699 oo'oos'i $1'' 0 0 N 1969 $ 60,000.00 $ 20,000.00 S 174 nn ) 0 ) 0 > M N 6w ro 09 W co re 0 U N ❑ a y0 • U m 0 LL O� O • 0 Q0 Z F • Z 0 z W LL 0 Z V 2 m C2 • c a ❑ 0 W 0 0 ❑ T Wo a R T 9 m y C N `t dO aN 74 74 0 1- m W N 0 N N m r N 74 W O) 0) co 0 M 74 r m M m r oi N N 74 $ 27,589,79 o 0) Q 0) m N N () 69 6 N m N 69 O CO m N t- 0 m 0 CO 04 4 me N M W 68 0 N m M a) co m m O Q 0 74 69 O co ai 74 m 0 N 0 0 M N O m 0 N 0) m R N O C` Q 60 O' m m N f` 74 $ 4,316.42 W M 69 69 m n Q 0 74 0)) ri N 0) 49 $ 75,752.92 74 74 69 0 0 O) 0 '- m r 0 a 64 ` a) n 6V u 0 0 0 N M N 0 0 0 01 C] m CV (9 69 W 49 69 74 69 Nt m N 69 m 69 74 O N 69 n m » W 69 $ 20,868.33 74 LO 0 CO 0 0 N co o 0-0' -00 CD CO n 0 N as L6 6 Q 0 N 69 M 69 1949 W fA CO ri co m 0 0 n 49 O 00 O N 69 69 O 0 0) O O N 49 O m O m N O O 0 0 Cn 0 N 49 O M m 00 a O 00 60 69 0 CA N 0)0 N 0 v M 69 m 69 m N M O N 74 N co O 0 74 O m 74 O 0) m 69 m 0 O m 69 0) m 0 N V O oM C 74 O co O 0 m m 49 O N N 74 Q N O O 0 0 74 0 °m VI 0 N ri 49 $ 255,500,00 $ 30,000.00 0 O N 49 0 N 69 0 co N 74 0 0 O 0 0 m 69 0 Om 0i w 0 co 0 74 0 0 N N N O 0 0m N N O OO co 74 0 m W 69 0 0 0 00 0 o O O 0 O m N 49 0 74 O° 0 0 m 0 W °O W 74 0 0 74 00 0)) 49 N O 0 CV N 69 O 0 O° N M O m° N O O 0 m N N 0 74 to O N V (9 CO 6) 0) O C • X ~ as- o e) O N Q to C 0) on co co Q W O a 0 00 w 0 °O h 49 $ 165,000.00 0 °o w $ 22,000.00 00 to 4i 74 $ 291,648.00 O O 0 0 0 N 74 49 $ 57,500,00 00 N 49 °O O N O 0 O N w 0 O 49 $ 40,000.00 74 OO N M w I OO O N 49 0 O N 49 00 O m O O 0 0 O N 69 0 49 0 m N O N m O O O N 60 N N 49 H ❑ a 0 O ° 49 0 N 74 $ 165,000.00 $ 27,000.00 O O O° O 49 O a)a) 74 O m O O° m O °O N 49 0 CD 0 N 0 N N O 69 °o N m 74 $ 40,000.00 0 0 0 00 Q N CO 69 0 °o N 69 $ 15,000,00 0 0 0 m a 0 m 74 0 O N 69 °o °O N O N 0O 0 N 74 o° °o 00 NI M N O 74 U 0 0 LL 0 a O N 4 LL 2 U a00 w K f H W LL W 0 U Q 2 DESCRIPTION 2 Q 0 F w w FI- >i 00 _I> m 2Z W0 0 ❑ N W W wa wD 0-Xa 0zJ Uw¢ FZN ¢? -J D ❑ Z a H 5 O LL 0) w J 1- 0 a 0 LL W J LL LL w m CC 0 0 m N N W ❑ a a a COU1 W CC 2 Z 0 0 N 0 ta2 O U Z --9 N 0 CO 0 0 2 X m U' W 0 o6 w a a > v J 0 0. 2 0 V LL F- 0 0) a O 09 0 V Z a F TRENCH SAFETY FOR JUNCTION BOXES 0 Z 0 W N 0 a 5 a 0) G m 0 1- a a z 0 ID -J J 0 o- w K2 2 OS N W W V Z w LL N 0 2 W LL W 0 5 a K O Q O 5 a W z a a O a 5 0 CO 4) J J W J W 6 -J J LL J 0) J w U Q -J J N 0 0 0 N CO O O CO N 0 m N o N N m r 0 m M N m r m 0) O m n O N m N N CO N m W CO CO 0 0 —145— 0 shall govern over the a H EXHIBIT `6C" PROJECT BUDGET NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN Project No. 7407 August 25, 2009 FUNDS AVAILABLE: Wastewater CIP Fund (No. 36)...... $1,240,000.00 FUNDS REQUIRED: Construction (J.J. Fox Construction, Inc.)..... Contingencies ( 10%) ............................... Consultant (LNV Engineering) ................... Testing (Rock Engineering and Testing Lab) Construction Inspection.. Reimbursements ..... ............................... Misc. (Printing, Advertising, etc.) ................ Total.................... ............................... . FUNDS REMAINING: —146— $634,036.50 63,403.65 138,584.00 6,650.00 22,191.00 25,361.00 2,500.00 $892,726.15 $347,273.85 EXHIBIT "D" Page 1 of 1 File \ Mproject \councilexhibits \exh7407b.dwg LOCATION MAP NOT TO SCALE n PROJECT # 7407 fC�..Il .Vii! !t SOUTH PADRE ISLAND DRIVE VICINITY MAP NOT TO SCALE EXHIBIT 'E" NAS CORPUS CHRISTI EFFLUENT REUSE FORCE MAIN 117 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -05 -2009 NNW NM SOS Iwo Mr OS 19 AGENDA MEMORANDUM DATE: September 8, 2009 SUBJECT: Health Department Laboratory Remodel 2009 (Project No. 5278) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay Area Contracting & Construction, Inc., of Corpus Christi, Texas, in the amount of $118,000 for Health Department Laboratory Remodel 2009 for the Total Base Bid. ISSUE: A portion of this project is funded by Health Grants approved by the Texas State Department of Health Services. Supplemental funding will be provided by the Health Department Operating and other Grants. This project focuses on the renovation of existing plumbing and restroom areas and the replacement of ceilings and flooring. Other improvements include modifications to space utilization to increase efficiency of programs. Building envelope components contributing to water infiltration will be repaired and replaced as needed. FUNDING: Funding is available from the Health Grants Fund and General Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Annette Rodriguez MPH Acting Director of Health Department 361/851 -7203 annetter@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Prior Project Actions Tabulation of Bids Project Budget Location Map Anaya, P.E., Director of Engineering Services 361/826 -3781 petean(a cctexas.com —151— H HOME\XeIIyO \GEN\PURLIC HEALTH & SAFETY\5278- Health Department Laboratory Remodel- 2009 \Conxm,c ion \2 AGENDA MEMO dor BACKGROUND INFORMATION SUBJECT: Health Department Laboratory Remodel 2009 (Project No. 5278) PROJECT DESCRIPTION: Consists of: 1. Renovation of existing restrooms to create two unisex restrooms, one with new, easily decontaminated shower to serve the BSL -3 Lab. 2. Removal of VCT flooring and installation of new sheet vinyl flooring and wall paint in all areas except BSL -3 Lab and Ante Room. 3. Demolition of casework in Rooms 48 -52. 4. Demolition of ceiling system, lighting and air devices and reinstallation of new suspended ceiling system, light fixtures and air devices in Rooms 48 -52 and restrooms. All work shall meet the current requirements /standards of the American with Disabilities Act (ADA) and the Texas Department of Licensing and Regulation (TDLR) and shall be in accordance with the plans, specifications and contract documents. The project will provide decontamination facilities that meet the requirements of the Centers for Disease Control to maintain certification of the Bio- Safety Laboratory, and to meet the surge capacity required for testing in case of an health emergency. New casework will be awarded in a separate contract for a future project. BID INFORMATION: On August 19, 2009, the City received proposals from seven (7) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $118,000 to $154,999 for the Total Base Bid. The estimated cost of construction is $134,730. Bay Area Contracting & Construction, Inc. of Corpus Christi, Texas was the low bidder on the project. The city's consultant, SolkaNavaTorno, LLC, has verified references of Bay Area Contracting & Construction, Inc.; and all references have been complimentary. The City's consultant, SolkaNavaTorno, LLC, and City staff recommend a contract be awarded to Bay Area Contracting & Construction, Inc. in the amount of $118,000 for Health Department Laboratory Remodel 2009 for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 70 calendar days, with completion anticipated in November 2009. FUTURE COUNCIL ACTION: Future council action is requested for two (2) 12 feet by 24 feet outside air conditioned storage facilities for emergency health equipment. PROJECT BACKGROUND: On Monday, June 1, 2009, the Community Preparedness Section — Bioterrorism Discretionary Fund Project Phase 2 Grant was awarded by the Texas State Department of Health Services for the amount of $132,328 in which any unused funds will expire Monday, November 30, 2009. —152— EXHIBIT "A" Page 1 of 1 H.\HOME KeIIyO \GEN\FUBLIC HEALTH & SAFETY \5278 - Health Depanment Laboratory Remodel - 2009 \ConslmctionU AGENDA BACKGROUND doc PRIOR PROJECT ACTIONS SUBJECT: Health Department Laboratory Remodel 2009 (Project No. 5278) PRIOR COUNCIL ACTION: December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. July 7, 2009 — Executed Consultant Contract with SolkaNavaTorno, LLC in the amount of $25,615 for Health Department Laboratory Remodel 2009. 5. July 27, 2009 — Executed Ratification for Asbestos Testing Services with All Points Environmental, Inc. in the amount of $394 for Health Department Laboratory Remodel 2009, EXHIBIT "B" Page 1 of 1 H \HOME\RellyO \GENWIJBLIC FIEALTH & SAFETY15278- Health Department Label-awn; rmd6Zn,09 \Construnion\4 PRIOR PROJECT ACTIONS.doo J co O U FU D al ILI QW F 2 0 2 W w 0 2 W H ce w w W a) K W W Z 0 Z W c0 9 N 0 0 Z 0 h J 0. 2 0 0 u. 0 0 W 0 E L rn co j O U J N o C 0 To cg m m 5 m< D CO Z co III Finn —154— 2 0 $127,000.00 $127,000.001 Gi st 0 9 0 0 0 TF N H o 0 o o 0 0 )U N N N N VI 3uil Bo le,' W 0 U_ o N N 2 yi D o 0 o o p 0 o of ai :oast Construe Conchos Rive istin, TX 7871' AMO u9 4, 0 UNIT PRI( 0 0 o a o o ',DUN' °o 0 co 8 os 4, st 0 0 0 ng So xis 0 UNIT PRIG 44 HEALTH DEPARTMENT LABORATORY REMODEL 2009 Project No. 5278 .. DESCRIPTION (Base Bid Furnish all labor and materials, tools, and necessry equipment, and to perform the work required at the locations set out by the Drawing and Specifications and in strict accordance with the Contract Documents. (TOTAL BASE BID —154— 0) w w 1- K 0 U U a w 0 03 0 LL O 0 Q U P O 3Z D 0 mw Q W Z U' Z w L O Z w 1- ✓ a w 0 rvices, LLC. 3lenoak TX 78418 AMOUNT 0 q 0) rn S w 0 0 rn rn UNIT PRICE. 0 0 Oi rn is B.E. Beecroft Co., Inc. 2222 Laredo St. Corpus Christi, TX 78405 AMOUNT 0 oo Oi a u of m i» UNIT PRICE o oo Oi aP v a w Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, TX 78405 AMOUNT tri 0) N (0 w oo (6 a) N N w w U_ a F- D o0 of N tn. ro 0 HEALTH DEPARTMENT LABORATORY REMODEL 2009 Project No. 5278 IIDESCRIPTION ,e Bid Furnish all labor and materials, tools, and necessry equipment, and to perform the work required at the locations set out by the Drawing and Specifications and in strict 'accordance with the Contract Documents. ITOTAL BASE BID w a 0 U U- 0 w 0 0 T R • O N U 8 o J m Eo; O 0 in w g0a D o W M < Q O Q F- COO —155— EXHIBIT "C" Page 2 of 2 PROJECT BUDGET HEALTH DEPARTMENT LABORATORY REMODEL 2009 Project No. 5278 September 8, 2009 FUNDS AVAILABLE: Health Grant Fund $88,534.00 Health Department Operating Fund (FY2009 -2010) and other Grants $80,575.00 FUNDS REQUIRED: Construction (Bay Area Contracting & Construction, Inc.) $118,000.00 Contingencies (10 %) 11,800.00 Consultant (SolkaNavaTorno, LLC) 25,615.00 Testing (All Points Environmental, Inc.) 394.00 Construction Inspection 3,540.00 Reimbursements 8,260.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $169,109.00 FUNDS REMAINING (Health Grant) $0.00 —156— : \ Mproject \councilexhibits \exh5278.d 9 1 eUnC ml ut sI JI6A IEWNAT I cmve I I`uca:n Ir. 1.. 4 " LOCATION MAP NOT TO SCALE 0 —i� ,NtIECTS aay / 1. cows CHRISTI BJ4 PROJECT LOCATION Health Department Laboratory St 44140%ap / rn43v PROJECT SIT E Heatth Department Laboratory 1702 Horne Rd, Corpus Chris r. PROJECT # 5278 SITE PLAN Nor TO SCALE EXHIBIT +E+ HEALTH DEPARTMENT LABORATORY REMODEL 2009 -15i7- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -19 -2009 20 AGENDA MEMORANDUM SUBJECT: Bayfest Inc. "Bayfest 2009" AGENDA ITEM: DATE: September 8, 2009 A. An Ordinance authorizing the City Manager, or his designee, to execute a lease agreement with Bayfest, Inc. for Bayfest 2009 and related activities to allow use of Memorial Coliseum parking lots, and McCaughan Park during September 16 - 30, 2009; provide for Bayfest, Inc. paying 50% police and 100% of all other city costs; and declaring an emergency (Exhibit B). B. Motion approving an admission fee for Bayfest of seven dollars, ($7.00) per day for adults and three dollars, ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children age six and under are admitted free. C. Motion approving the application from Bayfest Inc. to temporarily close the following street sections for Bayfest 2009. Street closures to begin at the times specified below and all street closures to re -open at noon on Wednesday, September 30, 2009 (Exhibit C). I. The temporary street closure of Born Street and Broadway Court between Water Street and southbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. II. The temporary street closure of Park Avenue from southbound Shoreline Boulevard to northbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009. III. The temporary street closure of Kinney Street from Water Street to northbound Shoreline Boulevard; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. Wednesday, September 30, 2009. IV. The temporary street closure of southbound Shoreline from Coopers Alley to Furman Avenue; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m. Wednesday, September 30, 2009. ISSUE: A. Bayfest, Inc is requesting the use of the Memorial Coliseum parking lots, and McCaughan Park during September 16 - 30, 2009. B. Bayfest, Inc. is requesting the approval of admission fees of seven dollars, ($7.00) per day for adults and three dollars, ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices for Bayfest 2009. C. Bayfest Inc. necessitates the temporary closure of several public streets which include Born Street and Broadway Court from southbound Shoreline Boulevard to Water Street and Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard starting —1 61 — Wednesday, September 16, 2009 at 9:00 a.m. and ending Wednesday, September 30, 2009 at 12:00 p.m. and Kinney Street from northbound Shoreline Boulevard to Water Street and southbound Shoreline Boulevard from Coopers Alley to Furman Avenue starting Friday, September 18, 2009 at 12:00 p.m. and ending on Wednesday, September 30, 2009 at 12:00 p.m. Bayfest Inc. has requested the above mentioned street closures be approved by the City Council for Bayfest 2009. REQUIRED COUNCIL ACTION: A. City Council's action is required for use permits. B. City Council's action is required to authorize fees charged in conjunction with closing of streets for public events. C. Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the use permit and street closures for last year's Bayfest 2008. RECOMMENDATION: Staff recommends approval of this ordinance and motion as presented. Sally G lik, Direct •j of Parks and Recreation 826 — 3464 SallyG ©cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Lease Agreement Exhibit "C" Site Map Exhibit "D" Street Closure Applications Exhibit "E" Insurance Requirements —1 6 2— r_ Pete Anaya, P.E., Director of Engineering Services 826 — 3781 PeteAn @cctexas.com EXHIBIT "A ": BACKGROUND INFORMATION Background Information: Ms. Sue Madry, event coordinator of Bayfest, Inc., has requested temporary street closures for Bayfest 2009. Bayfest 2009 festivities will occur on September 25 — 27, 2009. Bayfest, Inc. has agreed to comply with the applicable city code requirements for this type event and has notified 100% of all property owners abutting the street sections requested for temporary closure. All traffic control measures have been agreed upon in accordance with the lease agreement. Traffic control devices and required security personnel will be in place to provide for the safety and transportation needs of both pedestrians and vehicular traffic. Street Closings: Bayfest Inc. special event necessitates the temporary closure of several public streets which include Born Street and Broadway Court from southbound Shoreline Boulevard to Water Street and Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard starting Wednesday, September 16, 2009 at 9:00 a.m. and ending Wednesday, September 30, 2009 at 12:00 p.m, and Kinney Street from northbound Shoreline Boulevard to Water Street and southbound Shoreline Boulevard from Coopers Alley to Furman Avenue starting Friday, September 18, 2009 at 12:00 p.m. and ending on Wednesday, September 30, 2009 at 12:00 p.m. Ms. Sue Madry, event coordinator, has requested temporary street closures for Bayfest 2009 to allow for preparatory work; such as, installing booths, security fencing and electrical work. —163— Exhibit "A" State of Texas § BAYFEST SHORT TERM 2009 LEASE Know All By These Presents: Page 1 of 19 County of Nueces § This short term LEASE AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or designee, and Bayfest, Inc., a Texas non - profit corporation, ( "Bayfest "), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation. b. Bayfest - means Bayfest, Inc., a Texas non - profit corporation. c. Bayfest's Agent— means a duly authorized representative of Bayfest, Inc. d. Premises - means the site for the Bayfest Event, as more fully described on the attached and incorporated Exhibit A. e. Event - means the annual festival and related activities sponsored by Bayfest. f. City Manager - means the City's City Manager or designee. g. Parks Director - means the City's Director of Parks and Recreation or designee. h. City Traffic Engineer - means the City's Traffic Engineer or designee. i. Police Chief - means the City's Police Chief or designee. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Attorney - means the City's Attorney or designee. 1. Projects —means Bayfront realignment repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease, m. City Secretary - means the City's City Secretary or designee. 2. Term. This Lease Agreement takes effect upon execution by the City Manager. Bayfest will be entitled to use of the non - street Premises from September 16 to September 30. The use periods are more fully described in Exhibit B incorporated and attached hereto. City Manager may authorize amendment to Exhibit B for the year 2009. C :Documents and Settings \RebeccaPe\ Desktop\ Bayfest2009.Short.TermLease.dac 1 64— Exhibit "B" Page 2 of 19 3. Premises. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: Memorial Coliseum Parking Lots and McCaughan Park. 4. Premises Revisions. Requests by Bayfest for use of additional City -owned areas requires prior written approval from the Parks Director. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram (Exhibit C, to be attached at least 2 weeks prior to Event). Bayfest must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Bayfest must pay City a one -time Special Event Permit fee in accordance with City ordinance. 7. Payment of City Costs. In consideration for the use of City property, Bayfest will pay the City within 30 days after the City submits a bill to Bayfest for the actual costs incurred for services rendered, including, but not limited to, any City services provided by the Parks & Recreation Dept., Police Dept., and any other City department. The Parks Director will bill Bayfest for these costs within thirty (30) days after the Event each year. The bill will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest's Agent, the Parks Director will furnish reasonable supporting documentation of these charges within ten (10) calendar days. If there is a hurricane or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event include but are not limited to: 1. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. Damages may be repaired by Bayfest, subject to approval of the Director. 2. Costs of labor contracted for clean up, or additional clean up required by the Director of relevant City departments, at applicable City rates for the year billed; see B.1. and Section 22. below. (Bayfest will be given the opportunity to hire and work its own clean -up crew during and after the Event.) C:Documents and Settings\RebeccaPe1Desktop\ Bayfest .2009.Sbort.Term.lease.doc- 165 — Page 3 of 19 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. Bayfest will be responsible for 100% of all City non - police Direct Costs and 50% of police actual costs for 2009 Event. 4. Costs of set -up and takedown, at applicable city rates for the employees assigned for the year billed, see 8.2. And 8.3. below. Parks Director will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Bayfest. B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ( "City Services ") including but not limited to: 1. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Bayfest must provide plastic trash bags for the trash barrels. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the Event annually. 3. Provide Park Construction Crews one 8 -hour day before and after the Event (two days total) annually to transport Bayfest's property to and from Bayfest's warehouse; remove hay and sand from designated Bayfest Premises; and dispose of used vendor tickets. 4. Furnish and /or transport barricades, signs, cones, etc. to the Premises (see Section 13). 5. Provide other services requested by Bayfest's Agent. C. Notice of Costs. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Lessee representatives and execute an exhibit describing City Services to be provided for the Event and the cost to be paid to City. That exhibit shall be attached as Exhibit E. Notwithstanding the cost shown in Exhibit E, Lessee shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit E. D. Late Payment Fee. Bayfest's failure to pay City's bill within 30 days after submittal to Bayfest shall result in a late payment fee being assessed against Bayfest. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. C: \Documents and Settings\RebeccaPe\ Desktop\ Bayfes t.2009.Short.Term.Lease.doe 16 6— Page 4 of 19 8. Deposit. Bayfest must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Bayfest within 30 days after the Event. 9. Annual Planning Meetings. Four months prior to each year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Lessee: Director of Parks and Recreation Bayfest, Inc. City of Corpus Christi P.O. Box 1858 P.O. Box 9277 Corpus Christi, TX 78403 -1858 Corpus Christi, TX 78469 -9277 (361) 880-3461 (361) 887-0868 FAX (361) 880 -3864 FAX (361) 887 -9773 11. Temporary Street Closures (Exhibit D, attached). All temporary street closures requested by Bayfest are subject to the requirements of City Ordinances, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. Bayfest will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). in addition, Bayfest will provide no more than 5 parking passes for City personnel scheduled to work during the actual Event and related activities. 13. Barricades, Traffic Signs. Bayfest must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions /facilities affected by the street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Bayfest must pay the cost of additional signage. C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest .2009.Short.Term.Lease.doe - 167 — Page 5 of 19 14. Signage and Advertising. On Premises signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Bayfest's Agent may request inflatable advertising only for Events that receive national television exposure, which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. Bayfest must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided throughout the duration of the Event. 16. Insurance. Bayfest's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Bayfest and its volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non -owned automobiles on Premises with at least the statutory bodily injury $25,000 per person, $50,000 per occurrence, $ 25,000 property damage limits. Bayfest's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non -owned automobile liability insurance with at least a $500,000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Bayfest's Events on Premises then Liquor Liability insurance in the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. In addition, Bayfest must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Bayfest. Bayfest agrees to comply with the insurance provisions on attached Exhibit F. 17. Indemnity. Bayfest must indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, C: \Documents and Settings \RebeccaPe \ Desktop \ Bay fest.2009.Short.Term.Lease.doe- 168 — Page 6 of 19 expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of Bayfest or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Bayfest, Inc. Lease to use the Premises and those portions of Shoreline and streets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with the expressed or implied invitation or permission of Bayfest, or when the injury or damage is the result, proximate or remote, of the violation by lndemnitees, Bayfest, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where lndemnitees actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bayfest Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Bayfest, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame specified in the written notice of safety hazards. 19. Damages to City Property. Landscaped areas within the Premises must be protected during the Event. City will provide Bayfest's Agent a punchlist of damage C: \Documents and SetdngsiRebeccaPe\ Desktop \Bayrest 2009.Short.Term.Lease.doo— 1 6 9— Page 7 of 19 to City property defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore all items on the punchlist, Parks Director may do so and bill Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all holes in grassy areas made by Bayfest or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Bayfest or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City's Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Bayfest must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Bayfest must also obtain a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection, a Fireworks Permits from the Fire Department, and any permits required by the Coast Guard for water events. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest may designate the zone, but it will not be less than 10 -feet by 20 -feet in the immediate area around each food and beverage booth, The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its own clean -up crew during and after the Event. If the Parks Director determines that additional clean -up is necessary, she will give Bayfest's Agent 2 hours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Bayfest. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Bayfest provides the Parks Director prior written assurances that Bayfest will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. C:kDocuments and Settings\RebeccaPe\ Desktop\Bayfest2009.Short Term.Lease.r)or 170— Page 8 of 19 24. Temporary Buildings. Bayfest must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All the buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on or at the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 26. Permissible Markings. No paint or semi - permanent markings will be permitted on sidewalk or streets or pavement. Lessee may only use chalk or tape markings to mark locations on the sidewalk or street. Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Bayfest agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to Bayfest. In the event of appeal, the decision of the City Council will be final. This Lease Agreement in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Bayfest must, at all times in its use of the Premises, provide driveway access for emergency equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Bayfest to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest entitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by or estoppel against City. In case of termination City is C: \Documents and Settings \RebeccaPe \Desktop \Bayfest.2009.Short Term.Lease.doC— 1 71— Page 9 of 19 entitled to retain any sums of money theretofore paid by Bayfest and the sums inure to the benefit of City as a set -off against any debt or liability of Bayfest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfest acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Bayfest with the terms and conditions contained within this Lease. 32. Not Partnership or Joint Venture. This Lease may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Bayfest by the City are compensation for provision of City services as described herein and for the right of Bayfest to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non - discrimination. Bayfest warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Bayfest may provide a temporary six -foot (6') chain link fence around the Premises, with gates for access. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. The fence posts must not be located on any pavement or street. 37. Admission Fee. Bayfest may charge an admission fee. Special events connected with Bayfest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Security Officers duties. Security Officer means sworn peace officers directly paid C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest2009.ShortTerm,Lease.deel 72— Page 10 of 19 by Bayfest. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security guard as well as a sworn peace officer. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off -site crowd and traffic control including cross walks and intersections within one -half mile of Event site, as needed, and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Publication. Bayfest agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2009. LESSEE BAYFEST, INC. Name: President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by , President of Bayfest, Inc., a Texas non - profit corporation, on behalf of the corporation. Seal: Notary Public, State of Texas My Commission Expires Notary's Printed Name ATTEST: CITY OF CORPUS CHRISTI C:\Documents and Settings \RebeccaPe\ Desktop\ Bayfest .2009.Short.Term.Lease.doe - 173— Armando Chapa City Secretary APPROVED Page 11 of 19 `Angel R. Escobar City Manager Lisa Aguilar, Assistant City Attorney for City Attorney C: \Documents and Settings \RebeccaPe\ Desktop \ Bayfest.2009.Short .TermLease.dee 1 7 4— Page 12 of 19 EXHIBIT A Description of Premises C: \Documents and Settings\RebeccaPeDesktop\Bayfest2oo9 .Short.Term. Lease.doc -1 75— EXHIBIT B BAYFEST YEAR 2009 Page 13 of 19 NONEXCLUSIVE USE: Wednesday September 16 through 11:59 a.m. September 24, 2009, and September 29 through September 30, 2009. EXCLUSIVE USE: 12:00 p.m. Friday September 25, 2009 through 12:01 a.m. Monday September 28, 2009. C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest2009 .Short.Termlease.decl 7 6— Page 14 of 19 EXHIBIT C Event Layout Diagram (to be provided at least 2 weeks prior to the Event). C\Documents and Settings \RebeccaPe\ Desktop \ Bayfest2009 .Short.Term.Lease.doe— 17 7 — Page 15 of 19 Exhibit D Temporary Street Closures C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest .2009.Short.Term.Lease.des 1 7 8— Exhibit E Services to be provided by City, and cost estimates BAYFEST 2009 Estimated Expenses* Page 16 of 19 Parks and Recreation (credit account 343697- 1020 - 12910) $ 21,000.00 Police (28,900 at 50%) $ 14,450.00 Fire $ 75.00 Street Services $ 2,600.00 TOTAL: $ 38,125.00 *Bayfest may or may not use all services estimated on this sheet. C: \Documents and Settings \RebeccaPe\ Desktop\ Baytest2009 .Short.Term.lease.doc. 1 7 9— Page 17 of 19 EXHIBIT F INSURANCE REQUIREMENTS A. Bayfest must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Bayfest must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Bayfest must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal lnjury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY 1. Vendors providing and / or selling alcohol $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- Owned, Non -owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and large items $500,000 COMBINED SINGLE LIMIT C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest .2009.Short.Term.Lease.dat 1 80— Page 18 of 19 2. Bayfest workers and volunteers AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Bayfest employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Bayfest must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Bayfest will be promptly met. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In the alternative, a copy of a policy endorsement with the required cancellation language is required. CADocuments and Settings \RebeccaPe \Desktop \Bayfest.2009.Sbort TermLease.doa— 1 8 1— Page 19 of 19 • The name of the event, including exact dates including move -in and move out dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items. • At a minimum, a 30 -day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. 2008 Bayfest ins. req. 5 -6 -08 ep Risk Mgmt. C: \Documents and Settings \RebeccaPe\ Desktop\ Bayfest .2009.Short.Term.Lease.dpq 1 8 2— COOPERS ALLEY SCALE: N.T.S BAYFEST 2009 EVENT SITE MEMORIAL COLISEUM 0 MCCAUGHAN PARK McGEE BEACH 4 cosc LEGEND: i44 v. O Mlle OM STREET CLOSURE SEPT. 16 — SEPT. 30 STREET CLOSURE SEPT. 18 — SEPT. 30 EVENT FENCE LINE EXHIBIT "B" SUBJECT: BAYFEST 2009 - STREET CLO §tS Exhibit "C" Traffic Engineering Div. Engineering Services Dept. City of -- Corpus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: Address: 1,C 1 7 N;. C �I�ia)]ot e v c CorpusChristi AN-AmtflCadry 11111! City: C: rs�;; C.'kds -t State: \ iC . Zip: LICij Phone #: 3 (p I ,Y 7 - 04; In >! Fax #: Email: 5«C @ _5k,sc,nC a c C' C?Ili 2. Name of Proposed Event R c: 1 S -4- I— tr. c 3. Date of Planned Event S it, pt- AA . tt 2 5- aA,I V, (046 } ,7 3-h fC0 4. Key Contact Individual S ,L l iue4 y Phone #: 3(r), h377 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE �'� "t /�C 11, S�ct 'f �tl(tt(-+))))))��to vV2�)1e5 (let/ Sf �C- MI'ak-)' I(n.aC +Oi �\ t -��- I t`•r <-�i kik- Ca OCV J 8 fOeu nj0 e.'�- r7nv;- .V -4v .. . t± ho et :Vt'l,, t 1-a (nic Grl< Y'ivice -ciao\ No C1-4in cb co), he /:S Iv) eLInc. 4-e .SeA'4 i+<-+Ct She're tint 5 -\--ca r 4 1 /V'\ <( �'r � � (t, y, p ein0 e i= `I (i ? O C 11 c\ n 00 f ` �^ -1 1. i \tIJn ✓l(. �Isi to 1\C+ -+'* ) ��1�1.;. /r\[) S hofe.'c) \e. A-l� lA)c \ -i'Y` J t S. 3.00_4A-00e „,,,4 .Shur line -crarn Cit - �r5 All y -*o Yeiv.6\11 s4v�, 6. Purpose of Event and Detailed Description of Activities tanned: I In 4 'Ter, �t) Vr -� ' ��.�P,�.x- )N i I � rY\v�S t C }, �'.Y \-t.cY CC`11- L 1 co, e /41r.)��_4,)s� .ry c r s . �r v ,r� fi1'S PIly y C �?,: t o n'h,4 '1 f S Iv ti� f rtl -fie SSP r.��.� r v+SiCr4 S Con i✓cc... / 7. List foods and beverages to be served: t r ( y Lc5i5) Socic55 A a,r.4)Ly) PY% ho! ��� 5 %lY DS) Page 1 of 8 —184— Exhibit "D” 8. Services Requested by the City: 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —185— K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. .11 %f 5;,,e n1 a Event Chairman /Organizer Signature // -1-t'51 -1-- n c on�Orin Organization g g anization c / Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361- 826 -3547 • Fax: 361 - 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 —186— INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. l�^ Witness my (our) hand(s) this 3 date of Al U S4- 20 IM Permit Applicant Signature � Fe&f I c . Company Na Page 4 of 8 —187— EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Underground Hazard 4. Products / Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 11. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Closure Permit ins. req. 5 -8 -08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date Page 5 of 8 —188— DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required; application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organiz ation, the purpose of the event, and a diagram illustrating the street or streets to be closed and the lay out of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover adm inistrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49 -16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord. No. 027349, § 5, 7 -24 -2007) Sec. 49 -17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00) /five hundred thousand dollars ($500,000.00) /one hundred thousand dollars ($100,000.00) Page 6 of 8 -189- and for large events of five hundred thousand dollars ($500,000.00)ione million dollars ($1,000,000.00) /one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi- tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi- tenant buildings of properties abutting that portion of the street to be closed to vehicular traf fic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. i) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 -190- n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8 -28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6 -15 -1983) Sec. 49-19. Reserved. http:// www. municode. com/ resources /gateway.asp ?pid= 13945 &s id =43 Chapter 49 Streets and S idewalks' Division 2, Temporary_Closerof Streets Sec. 49 -15 through Sec. 49 -19 Page 8 of 8 -191- ACORD CERTIFICATE OF LIABILITY INSURANCE OP IDTS THEJ13-1 Nm DATE 1°D 08/25/09 P11088DER Borden Insurance P. 0. Box 1066 Corpus Christi TX 78403 -1066 Phone: 361 -882 -6543 Fax: 361- 654 -2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED The Junior League of CC 4050 Weber Corpus Christi TX 78411 INGURER A. x.11&100 - „,.ar CONNENCUL GENERAL UABIOTY 1NSVRER B' u.zssy,on xvv,.a=, ccp.nv 01/31/09 5100830.0 EAC1100CURRENCE 51001310. OAANGE 000ENTEO PREMI5E51Eaavx'ercy IR5VRER E MT$E0PNIN551 celwa Lill V CRMVCJ LFE POLICIES Of IN SIT LISTED BELOW HAVE BEEN 1ISUE0 TO THE 1NSVR E0TLO AQABOVE FOP THE POLICY PER100 INDICATED. NOWATNSTANDING ANYRE °NREMENT, 1ERL10R CONDITION OE ANY CONTRACTOR OTHER D000MENT W TR RESPE T TO NMCH TITS CERTIFICATE NAY 0E ISSUED ON MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEOHEREIN IS SULIECT TOFU ITTTERMS. EVOLUSIONSANOCOTOITIOXS OT WW1 Pct OLES. AGGREGATE V.WTS SHOWS MAY NAVE BEEN 0301-1030 BY 010311105. },not LTR ;use ttPEOF 111011XLE POITLYNYI+HER 001100 300301NE DATE IMM51001 OLICY 30011ATON DATE INMDOIWI Um5 CENERALLIABILITY X CONNENCUL GENERAL UABIOTY PHPK374763 01/31/09 01/31/10 EAC1100CURRENCE 5 1,000,000 OAANGE 000ENTEO PREMI5E51Eaavx'ercy *100,000 MT$E0PNIN551 celwa 1 5,000 CLAIMS MADE X 000UR PEflSO NALAA OV IN NRV 11,000,000 X GENERALAGGREGATE s 2,000,000 1008301101100 APPLIES PER. POKY TEC 100 08050005.00%P/OP AGG $ 2,000,000 A ADTO X X MOBILE wIwTV ANY AOTO ALL OWNED ANTON SCNCOULEOAUTGS HIRED AUTOS NPNOWNE0 AUTOS PHPK374763 - 01/31/09 01/31/10 000511130 SINGLELLNR Ii..de "1 s 1,000,000 BGGRV WORE PD POW} BODILY INAIRY IPe; aaNexl PRO DAMAGE DOT • 1T0i i GARAGE LIABILITY AItt AUTO AUTO ONLY- ENACUOENT i 300 THAN 1 faro oc UTOLY: AGG S 3001ssNM8RETLA _J 118°8Itt OCCUR f ( CIAIMS MADE 0001300111E gETENP°11 S FACNOCCVNRENCE S AGGREGATE 1 1V°A%EP6 COWEN9Al10N M'° EMPLOYERS' WBILITY ANY PROPTIE OWPARTNEPE%ECUINE OFFICERMENOER EXCWO'(50 V yes 531 undo SPECIAL PRON9IP`i56ebw V. STpN °TH- TORV LIMITS ER EL EALH ACC10ENT S EA 01PEASE . 08(001 °YEE i E L 015EA5E- POLICY LIW0 i Is 00NER Liquor Liability 103632901 09/07/08 09/07/09 Each Occ $1,000,000 GenAggreg $1,000,000 03001JPTI Additional holder Liability. °N OFOPERATIONSILOLA,D0 VENICLESIE%LLVSWNS A553580 Et 00 RSEI.RHT ISPELNL PROVISIONS Insured as required by written contract in favor of certificate applicable to the Auto Liability, General Liability and Liquor CERTIFICATE HOLDER SAAR -FE Bayfest Arts Festival, Inc. P 0 Box 1858 Corpus Christi TX 78403 AGGRO 25 (2001/08) 511011.0 ANY03 THE 100535000$I110001I0ES RE CANCELLED BEFORE TILE EXPIRATION DATE TEREOF, mE 15000NOW50RER WILY ENDEAVOR TO MOIL NOTICE10mE CERTIFICATE HOLDER NAMED TO OW LEFT. BUT FAILURE TO 00 SO SHALL OPP NO OBLIGATION ORUAB111TY 0f ANY RIU50P05 THE INSURER 105 AGENTS OR -192- REPRESENTATIVE 10 DAYS WRITTEN ©ACORD CORPORATION 1988 Exhibit "E” DER ACORDTM CERTIFICATE OF LIABILITY INSURANCE 127 DATE (MWDENTYY) 8/26/09 PRODUCER K & K Insurance Group, Inc. 1712 Magnavox Way P.O. BOX 2338 Fort Wayne, In 46801 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED BAY rEST, INC. & BAYFEST ARTS FESTIVAL, INC P. O. BOX 1858 CORPUS CHRISTI, TX 78403 INSURER A: GREAT AMERICAN ASSURANCE COMPA INSURER B. COMMERCIAL GENERAL LIABILITY INSURER C, 12: 01AM 7/15/09 INSURER 0: EACH OCCURRENCE INSURERS: Dpn1AGE TO RENTED PREMISES (Ea occu,erm� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC-NOT COVERED INS LTR WID'y INSRDl TYPE OF INSIIRANC.P POLICY NUMBER POLICY EFFECTIVE DATEIMMIDDIYYI POLICY EXPIRATION DATFIMWDDNYI LIMBS A GENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY PAC0568824795 12: 01AM 7/15/09 12: O1AM 7/15/10 EACH OCCURRENCE $ 1000000 Dpn1AGE TO RENTED PREMISES (Ea occu,erm� 5 300000 5 5000 CLAIMS MADE I XI OCCUR MEDEXP(Any one person) X GENT Owners & Contractors PERSONAL 8, AOV INJURY $ 1000000 VOLUNTEERS GENERAL AGGREGATE $ NONE AGGREGATE UHT APPLIES PER: POLICY PFC LOC PRODUCTS - COMP /OP AG G I$ 5000000 Part Lgl Liab $ NC A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAC0568824705 12 :OlAId 7/15/09 12:01AM 7/15/10 COMBINED SINGLE LIMIT (Ea accident) S 1000000 BODILY INJURY (PH-person) BODILY INJURY IPeraccident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT 5 OTHERTHAN EA ACC $ AUTO ONLY: AGG EXCESSIUMBRELLA — LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE 5 5 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETO W PARTNER@XECUTIV E OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below WCSTATU- OTH- TORY LIMITS 08 E.L. EACH ACCIDENT 5 EL DISEASE - EA EMPLOYEE, $ E.L. DISEASE- POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS , LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT, SPECIAL PROMS 0N5 EI ENT: FESTIVAL EVENT DATE: 9/25 -27/09 PLUS SETUP /TAKE DOWN. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATTN: TERRI CARDONA 1901 N. SHORELINE CORPUS CHRISTI, TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN'- RER, ITS AGENTS OR REPRESENTATIVE`° AUTHORIZED REPRESS ACORD 25 (2001/06) -193- © ACORD CORPO • ON 1988 DER ACORD,N CERTIFICATE OF LIABILITY INSURANCE 1533128 ° "'E8 /26 0 ' PRODUCER K & K Insurance Group, Inc. 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 4 INSURED BAYFEST, INC. & BAYFEST ARTS FESTIVAL, INC P. 0. BOX 1858 CORPUS CHRISTI, TX 78403 I INSURERA: GREAT AMERICAN ASSURANCE COMPA GENERAL X INSURERS: PAC0568824705 INSURE180: 12: O1AM 7/15/10 INSURER 0: S 1000000 INSURER E: $ 300000 $ 5000 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC =NOT COVERED INSRIADD'l1 LTR MILD TYPF OF INSURANCE POLICY NUMBER POLICY EFFECTIVE CATEIMMIODNYI POLICY EXPIRATION DATFIMMIDDIYYI LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PAC0568824705 12 : 01AM 7/15/09 12: O1AM 7/15/10 EACH OCCURRENCE S 1000000 DAMAGE TO RENTED PREMISES (Ea occurence) $ 300000 $ 5000 CLAIMS MADE rXI OCCUR MEDEXP(Any one person) X GEN'L Owners & Contractors PERSONAL&ADV INJURY $ 1000000 VOLUNTEERS GENERAL AGGREGATE $ NONE AGGREGATE LIMIT APPLIES PER: POLICY IFCPRO- T LOC PRODUCTS - COMP/OP AGG S 5000000 Part Lgl Liab $ NC A AUTOMOBILE X LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAC0568824705 12 :01AM 7/15/09 12: O1AM 7/15/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) BODILY INJURY Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANYAUTO AUTO ONLY- EA ACCIDENT $ OTHERTHAN EA ACC 5 AUTO ONLY: AGG 5 EXCESS /UMBRELLA LIABILITY ^I OCCUR I I CLAIMSMADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE 5 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below WC STATU- I GTH- TORY LIMITS I ER E.L. EACH ACCIDENT $ EL. DISEASE- EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT /SPECIAL PROVIS ONS EVENT: FESTIVAL EVENT DATE: 9/25 -27/09 PLUS SETUP /TAKE DOWN. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CMG ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY AGENTS OR REPRESENTATIVE�I� TY OF ANY KING UPON THE IN RER, ITS AG AUTHORIZED REPRESS ATIJjE -194- ©ACORD CORPO ON 1958 IMPORTANT If the certificate holder is an. ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001(08) -195- ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH BAYFEST INC. FOR BAYFEST 2009 AND RELATED ACTIVITIES TO ALLOW USE OF MEMORIAL COLISEUM PARKING LOTS AND MCCAUGHAN PARK DURING SEPTEMBER 16 - 30, 2009; PROVIDE FOR BAYFEST, INC. PAYING 50% POLICE AND 100 % OF ALL OTHER CITY COSTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a Lease agreement with Bayfest, Inc. for Bayfest 2009 and related activities. A copy of the Lease Agreement is on file with City Secretary. The Agreement provides for use of Memorial Coliseum parking lots snd McCaughan Park during September 16 - 30, 2009, as described in the Lease agreement. The Agreement also provides for Bayfest, Inc. paying 50% of police costs and 100% of all other city costs. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 27, 2009 By:��' Lisa Aguilar 0 Assistant City Attorney for City Attorney Joe Adame Mayor —196— Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott -197- 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8, 2009 AGENDA ITEM: ORDINANCE TEMPORARILY SUSPENDING SECTION 55- 158(2), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, AND IMPLEMENTING A REVISED RESERVOIR OPERATIONS PLAN FOR A 60 DAY PERIOD; PROVIDING FOR SEVERANCE; PROVIDING FOR EFFECTIVE DATES; AND PROVIDING FOR PUBLICATION. ISSUE: On July 13, 2009, the City of Corpus Christi received a letter from the City of Alice requesting that we release water from Choke Canyon when the elevation of Lake Corpus Christi reaches 78 ft-msl, to avoid cavitation of their pumps. On August 5, 2009, we received a letter from the City of Beeville requesting that the elevation of Lake Corpus Christi not be allowed to drop below 80 ft -msl, for the same reason. To address the City of Alice's and Beeville's water supply concerns while also managing the reservoirs responsibly, the City of Corpus Christi proposes a temporary variance to current reservoir operations to trigger water supply releases from Choke Canyon Reservoir when Lake Corpus Christi (LCC) water levels drop to 80 ft-msl. This would temporarily change the LCC trigger level to be 6 ft higher when Lake Corpus Christi water levels "call on" water from Choke Canyon Reservoir. Both entities have raw water contracts that are based on a composite rate rather than the raw water cost adjustment that all other customers pay. While Alice's contract is based on prior year's budgeted expenditure, Beeville's contract is based on prior year actual expenditures. The City has always billed the three composite rate customers (Alice, Beeville, and Mathis) based on the methodology in the Beeville contract. The composite rate is normally lower than the raw water cost adjustment. However, all three contracts allow them to pay the lower of the two rates. These contracts need to be revised to a take or pay contract to take to protect our ratepayers from the risk we incur as we invest in providing current and future water supply for the region. The current contracts disproportionately place an unfair risk/burden on the City of Corpus Christi and the proposed contract amendments will greatly increase our ability to manage our investment with a reasonable level of risk. This is a temporary ordinance which will expire within 60 days. This temporary modification to the Revised Reservoir Operations Plan will allow the City time necessary to renegotiate the current water supply contract and ascertain the capital investments planned to make the necessary upgrade to the pumping facilities. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS COUNCIL ACTION: None —201— CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Proposed Ordinance f °` Gustavo Gonzalez, P.E. Director, Water Department gustavogo@cctexas.com 826 -1874 —202— BACKGROUND INFORMATION The City of Corpus Christi operates its Choke Canyon Reservoir/ Lake Corpus Christi (CCR /LCC) system to optimize water supply while maintaining provisions pursuant to the 2001 TCEQ Agreed Order for passage of freshwater inflows to the Nueces Bay and Estuary for ecosystem health. in response to the drought of record which occurred during the mid /late1990s, the City of Corpus Christi implemented a modified Phase IV Policy to maximize the yield of the CCR/LCC system and revised the Lake Corpus Christi target elevation to 74 ft-msl which triggers water supply releases from the Choke Canyon Reservoir.' This operation policy allows for sufficient unused storage capacity in LCC during drier conditions to capture runoff and flow generated by local rainfall events that may occur downstream of Choke Canyon. Prior to implementing the current reservoir operations policy of releasing stored water from Choke Canyon Reservoir when Lake Corpus Christi water level is at 74 ft-msl, the City of Corpus Christi contacted raw water supply customers with intakes in Lake Corpus Christi and requested feedback regarding the minimum water level elevation in which their water supply intakes would still be operational. The water supply entities reported 74 ft-msl as the minimum Lake Corpus Christi water level for continuous intake operation. Following this feedback, the City Council approved an ordinance on March 13, 2001 to amend the City's Code of Ordinances related to Article XII Water Conservation Chapter 55, Utilities, to establish automatic water conservation measures and codify rules for drought contingency. The water conservation measures included approval of "continual operation of the reservoir system to maximize water supply with Lake Corpus Christi allowed to go down to 74 feet mean sea level before releases from Choke (Canyon Reservoir). "2 This ordinance was developed in conjunction with requested amendments to the TCEQ Agreed Order to include reopening the Rincon Overflow Channel, construction of pipeline and pumps to deliver freshwater to the Upper Nueces Delta, and implementation of a monitoring program to evaluate benefits of freshwater delivery to a focused area of the Nueces Delta and Bay system. A yield analysis conducted using the City of Corpus Christi Water Supply Model indicates little change in yield between 74 ft and 80 ft elevation triggers. On August 21, 2009, Lake Corpus Christi water levels were at 82.1 ft -msl (or 31 % Of capacity) and the combined CCR/LCC system was at 59% capacity. Pursuant to the adopted Drought Contingency Plan, the City of Corpus Christi is required to implement automatic demand reduction measures if combined reservoir levels fall below 50% of the reservoir system storage capacity. 1 These water supply releases are in addition to the minimum flows released from CCR to the Frio River for run of the river water rights. 2 City Council Agenda Memorandum, Approved by Ron Massey and Jimmy Bray, as posted March 9, 2001. 3 City of Corpus Christi and HDR Engineering, "Updates Di enhancements to Lower Nueces River Basin Bay and Estuary Model and Corpus Christi Water Supply Model," January 2006. Page 1 of 4 ORDINANCE TEMPORARILY SUSPENDING SECTION 55- 158(2), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, AND IMPLEMENTING A REVISED RESERVOIR OPERATIONS PLAN FOR A 60 DAY PERIOD; PROVIDING FOR SEVERANCE; PROVIDING FOR EFFECTIVE DATES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. During the period this ordinance is in effect, Section 55- 158(2), Code of Ordinances, is revised to read as follows: "Sec. 55 -158. Operations plan for reservoir system. "To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi /Choke Canyon Reservoir System as follows: "(1) A minimum of two thousand (2,000) acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. "(2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy four (71) eighty (80) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre -feet per month requirement." SECTION 2. After the expiration of this ordinance, Section 55- 158(2), Code of Ordinances, will continue to read as follows: "Sec. 55 -158. Operations plan for reservoir system. "To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi /Choke Canyon Reservoir System as follows: "(1) A minimum of two thousand (2,000) acre -feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. "(2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy -four (74) feet before water is released from Choke TEMPORARY RESERVOIR OPERATING PLAN ORDINANCE 09012009 —204— Page 2 of 4 Canyon Reservoir in excess of the two thousand (2,000) acre -feet per month requirement." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance takes effect on September 9, 2009, and expires on November 8, 2009, unless the Alice Water Authority and Beeville Water Supply Districts execute new or amended take or pay raw water supply contracts with the City in which they agree that the price of water is the current raw water cost adjustment for outside the city limits customers. If the Alice Water Authority and Beeville Water Supply Districts execute new or amended take or pay raw water supply contracts prior to November 8, 2009, the amendment to Section 55- 158(2), Code of Ordinances, this ordinance continues to remain in effect until the section is amended by a future ordinance. SECTION 5. 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 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor TEMPORARY RESERVOIR OPERATING PLAN ORDINANCE 09012009 —205- Page 3 of 4 APPROVED: September 1, 2009 R. Jay Reining / First Assistarit City Attorney For City Attorney TEMPORARY RESERVOIR OPERATING PLAN ORDINANCE 09012009 —206— Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott TEMPORARY RESERVOIR OPERATING PLAN ORDINANCE 09012009 —207— 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 8, 2009) Case No. 0809 -01, Alicia Romero: A change of zoning from "AB" Professional Office District to a "B1" Neighborhood Business District resulting in a change of land use from professional office to neighborhood business on the property described as PHILLIPS, BLK A, LTS 14, 15 & ADJ 30 FT OF LT 16, generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue. Planning Commission's and Staff's Recommendation (August 5, 20091: Approval of the `B -1" Neighborhood Business District for a Nutritional Sales Center. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: Existing Land Uses: The subject is proposed as a Nutrition Sales Center and was previously used as a beautician and barber shop under the "AB" Professional Office District. The property contains an existing, one -story 882 sq. ft. building, with approximately 1,536 sq. ft of unimproved available parking space. There is sufficient area surrounding the existing building for the required parking. Existing Zoning: The subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses and also includes single - family, duplex, multiple - family uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. The district requires a front yard setback of twenty (20) feet, and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet, or three (3) stories. Proposed Zoning: The `B -1" Neighborhood Business District allows for single - family, duplex, multiple family, office professional service and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless the subject property is located adjacent to a residential district; in which case a ten (10) foot rear yard setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the `B -1" District. Transportation and Circulation: The subject property is located on the comer of Baldwin Boulevard and Cleo Street. Baldwin Boulevard is a minor undivided arterial providing for citywide and inter - neighborhood traffic mobility, and functioning at a lower level than a secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access than the secondary arterial right -of- way. The subject property has access to Cleo Street, a two lane, Urban Collector road with a 30' foot paved right -of -way. —211— C. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Cleo Street/ Baldwin Blvd. Urban Collector /Minor Arterial 30' paved/ 95ft. ROW, 60' paved Baldwin = 12,515 Infrastructure Demand: + Water: The subject property has a 6" water line running along Cleo Street in front of the subject property, and a 2" water line to the south of the subject property along Baldwin Blvd. • Wastewater: There is an 8" wastewater line that runs along the back of the property, parallel with Cleo Street. + Stormwater: There is an existing stormwater line located at the corner of the property along Baldwin Blvd. Public Safety: + Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D50. Crime statistics show a total of 1,003 crimes committed in 1993, decreasing to 947 crimes committed in 2005. The last year for which statistics are available is 2005. C. Fire: The closest Fire Station is Station #3, located at 1401 Morgan St., approximately 6,118 feet from the subject property. Environmental Constraints: + FEMA Flood Zone: "X" :Areas outside the 1% annual chance floodplain.. • Soils: Urban Land Class Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned _3_stars out of a possible 5 stars. Comprehensive Plan Consistency: C. CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. HWPLN- DIR\SHARED \I. Planning Commission \ 2009 CC\Sept'09 \0809 -01 Alicia Romero\ AGENDAMEMO 0809 -01 doc -212- The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and /or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested "B-I" Neighborhood Business District is consistent with the Future Land Use Map which supports Commercial uses. Since the area is experiencing a transition of residential uses to office and commercial uses, a change of zoning to a Commercial use category is acceptable Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: The proposed business /commercial use will be required to construct a solid fence adjacent to the neighboring residentially zoned areas prior to receiving a Certificate of Occupancy for the proposed use to be consistent with this Policy. HIGH - VOLUME TRAFFIC SHOULD BE SEPARATED FROM RESIDENTIAL AREAS OR OTHER NOISE - SENSITIVE LAND USES. Residential areas should be planned so that they are buffered from noisy high volume roads. Special attention should also be given to the location characteristics between high noise activities such as industrial uses, transportation facilities, and noise - sensitive uses such as parks and hospitals. Staff Comment: In addition to the screening fence required by the City's Zoning Ordinance, limited operating hours are recommended so as not to disturb the neighboring residential uses. •:• WESTSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: 13. COMMUNITY DEVELOPMENT B.5 - POLICY STATEMENT D) Within the rehabilitation target areas shown in Figure 5 (attached), the maximum amounts for which families may apply to the Emergency Repair Grant Program should be increased, aggressively promote single- family, commercial. and industrial rehabilitation loan programs, and develop additional means of providing financial assistance for these areas. Staff Comment: The proposed project site falls within Area #1 of the Westside Area Development Plan's "Targeted Code Enforcement and Rehabilitation Area ". The H:\PLN -DIR \SHARED \I. Planning Commission @009 CC Sepi'0910809 -OI Alicia RomerolAOENDAMEMO 0809 01 -213- project proposes a commercial use and is consistent with the intent of the ADP's commitment to rehabilitate these areas. C. LAND USE / ZONING C.5 — POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; E) Landscaping; and F) Other transitional land uses. Staff Comment: The Applicant will be required to screen the proposed business from the neighboring residential developments to the north and partially existing to the east, by constructing a solid fence along the residential uses and providing vehicular landscape screening prior to receiving a Certificate of Occupancy for the proposed use to be consistent with this Policy. Notification: Of the twenty -six (26) 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 for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361 - 826 -3828 FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planne FI VPLN- DIR\SHARHD \I Planning Commission\2009 CCS9p1'09 \0809 -Oi Al lcia Rommo \AGFNDAMHMO 0809 -01 do:, - 2 1 4- CITY COUNCIL ZONING REPORT Case No.: 0809 -01 Planning Commission Hearing Date: August 5, 2009 Applicant & Legal Description Applicant: Alicia Romero Owner: David & Alicia Romero Representative: David & Alicia Romero Address: 2322 Baldwin Blvd., Corpus Christi, TX 78405 Legal Description /Location: PHILLIPS BLK A, LTS 14, 15 & ADJ 30 FT OF LT 16 generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue. Zoning Request From: "AB" Professional Office District To: "B -1" Neighborhood Business District Area: 0.49 acres Purpose of Request: Nutrition Sales Center. Zoning Existing Land Use Future Land Use Site "AB" Professional Office District Professional Office Use Commercial North "R -1 B" Single Family Residential Low Density Residential Low Density Residential East "R-1B" Single Family Residential/ "AB" Professional Office District Professional Office /Medium - Density Residential Commercial/ Medium - Density Residential out "RIB" Single Family Residential/ "B -1" Neighborhood Business Commercial /Low Density Residential Commercial /Low Density Residential West "B -1" Neighborhood Business Commercial Commercial ADP, Map & Violations Area Development Plan. This lot is located in the Westside Area Development Plan and is planned for Commercial uses. The proposed change in zoning to a "B -1" Neighborhood Business District is consistent with the Westside Area Development Plan and the adopted Future Land Use Map which designates the area for Commercial uses. Map No.: 047042 Zoning Violations: None Staff's Summary: Existing Land Uses: The subject is proposed as a Nutrition Sales Center and was previously used as a beautician and barber shop under the "AB" Professional Office District, The property contains an existing, one -story 882 sq. ft. building, with approximately 1,536 sq. ft of unimproved available parking space. There is sufficient area surrounding the existing building for the required parking. Existing Zoning: The subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses and also includes single- family, duplex, multiple- family uses (maximum 3630 units per acre), rooming and boarding houses, clinics, beauty cuiturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in the building or on the property lot. The district requires a front yard —215— Zoning Report Page 2 Applicant: Alicia Romero Case #: 0809 -01 setback of twenty (20) feet, and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet, or three (3) stories. Proposed Zoning: The `B -1" Neighborhood Business District allows for single - family, duplex, multiple family, office professional service and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless the subject property is located adjacent to a residential district; in which case a ten (10) foot rear yard setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the `B -1" District. Transportation and Circulation: The subject property is located on the corner of Baldwin Boulevard and Cleo Street. Baldwin Boulevard is a minor undivided arterial providing for citywide and inter - neighborhood traffic mobility, and functioning at a lower level than a secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access than the secondary arterial right -of- way. The subject property has access to Cleo Street, a two lane, Urban Collector road with a 30' foot paved right -of -way. • Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Cleo Street / Baldwin Blvd. Urban Collector /Minor Arterial 30' paved/ 95ft. ROW, 60' paved Baldwin = 12,515 Infrastructure Demand: • Water: The subject property has a 6" water line running along Cleo Street in front of the subject property, and a 2" water line to the south of the subject property along Baldwin Blvd. • Wastewater: There is an 8" wastewater line that runs along the back of the property, parallel with Cleo Street. • Stormwater: There is an existing storrnwater line located at the corner of the property along Baldwin Blvd. Public Safety: • Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D50. Crime statistics show a total of 1,003 crimes committed in 1993, decreasing to 947 crimes committed in 2005. The last year for which statistics are available is 2005. • Fire: The closest Fire Station is Station #3, located at 1401 Morgan St., approximately 6,118 feet from the subject property, -216- Zoning Report Page 3 Applicant: Alicia Romero Case #: 0809-01 Environmental Constraints: FEMA Flood Zone: "X" :Areas outside the 1% annual chance floodplain.. Cs Soils: Urban Land Class Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned _3_stars out of a possible 5 stars. Comprehensive Plan Consistency: CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and /or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested "B-I" Neighborhood Business District is consistent with the Future Land Use Map which supports Commercial uses. Since the area is experiencing a transition of residential uses to office and commercial uses, a change of zoning to a Commercial use category is acceptable. The Applicant will be required to submit a site plan to the Ciry's Development Services Department for review prior to receiving a Certificate of Occupancy for the proposed use. Residential Policies: INCOMPATIBLE INDUSTRIAL AND. COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: The proposed business /commercial use will be required to construct a solid fence adjacent to the neighboring residentially zoned areas prior to receiving a Certificate of Occupancy for the proposed use to be consistent with this Policy. -217- Zoning Report Page 4 Applicant: Alicia Romero Case #: 0809 -01 HIGH- VOLUME TRAFFIC SHOULD BE SEPARATED FROM RESIDENTIAL AREAS OR OTHER NOISE - SENSITIVE LAND USES. Residential areas should be planned so that they are buffered from noisy high volume roads. Special attention should also be given to the location characteristics between high noise activities such as industrial uses, transportation facilities, and noise - sensitive uses such as parks and hospitals. Staff Comment: In addition to the screening fence required by the City's Zoning Ordinance, limited operating hours are recommended so as not to disturb the neighboring residential uses. WESTSIDE AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: B. COMMUNITY DEVELOPMENT 13.5 - POLICY STATEMENT D) Within the rehabilitation target areas shown in Figure 5 (attached), the maximum amounts for which families may apply to the Emergency Repair Grant Program should be increased, aggressively promote single- family, commercial, and industrial rehabilitation loan programs, and develop additional means of providing financial assistance for these areas. Staff Comment: The proposed project site falls within Area #1 of the Westside Area Development Plan's "Targeted Code Enforcement and Rehabilitation Area ". The project proposes a commercial use and is consistent with the intent of the ADP's commitment to rehabilitate these areas. C. LAND USE / ZONING C.5 — POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: A) Main roads; 13) Public and institutional buildings; C) Open space; D) Scale of design; E) Landscaping; and F) Other transitional land uses. Staff Comment: The Applicant will be required to screen the proposed business from the neighboring residential developments to the north and partially existing to the east, by constructing a solid fence along the residential uses and providing vehicular landscape screening prior to receiving a Certificate of Occupancy for the proposed use to be consistent with this Policy. Plat Status: The subject property is platted. —218— Zoning Report Page 5 Applicant: Alicia Romero Case #: 0809 -01 Planning Commission & Staff Recommendation: Approval of the `B -1" Neighborhood Business District for a Nutritional Sales Center. E 0 a Number of Notices Mailed 26 Total, 26 within 200 ft. notification area; Ooutside notification area Favor - 0 (inside notification area); 0 (outside notification area) Opposition 0 (inside notification area); 0 (outside notification area) As of July 27, 2009: Attachments: I. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart -219- CASE # 0809 -01 4. SITE- 2007 AERIAL P:r,- .:...t Refer td Mao ?'or Neighborhood E•::r!o, La.si Use 41so available di !. !. !..ccte.:as.com C;177 LOCATION 114A Pr Christi • SUB. `EcT • FRO EO.Ti.:..:...... 41 :0 CASE # 0309 -01 2.a. NEIGHBORHOOD - EXISTING LAND USE Estate Residential - ER L/ Light Industrial - LI [ - Low Density Res. - LDR 1 y11 1 Heavy Industrial - Hl "-d Dc nsity Res- - MDR !?SP Public Semi- Public - PSP I--ra: 1 Density Res. - HDR 1 1 Park Ile Home - MN [ GC f Drainage Corridor - DC - VAC '' CP Conservation/Preservation - CP ”rofi bnal Office - PO n water erciai - COM Map Scale: 1:10,000 sU &.1EC.T -_, PROPERTY LOCATION MAP[ • City of C.nrikii NIRRIIRRINS - �v SOBJECT 4444. \ T ~\ \, S-,. -, \ 1 A ic� ROPERT ;� v, / \ -4 e- A / w / : . v�� vv r w P • / _-. ,s v ; ..1.1, ��- �,. ,, , ,,� .. A / \ \! 1 . ',:',..../, `',,,,, 'v t 400 > r . 8'60 ///''''''- u "- - x ` / : r .- ; A / 77,6 SY:9 Pypp. ren E' ve$ opmentS:..l. <a CASE # 0809 -01 2.b. SITE- EXISTING LAND USE Enate Residential - ER [ - Low Density Res. - LDR "-d Dr nsity Res- - MDR I a: r: ■.1 Density Res. - HDR • t' r Ile Home - MN iJrofi bnal Office - PO gmmercial - COM Light Industrial - LI 1 HI 1 Heavy Industrial - Hl ?`P Public Semi- Public - PSP Park [ GC [ Drainage Corridor - DC CP Conservation/Preservation -CP n Water I I Map Scale: 1-2.400 SUBJECT" 1^. ��PROPERiY 1 ^\ _i 1", / `tst. LOCATION MAPI a ..."'"' 1 city of 01-11111., Christi • •i4. CDR \':y .� LI ;Ora G if • v \ v A,4 / S ' \v / T \ 7- kph I v / SUBJE.T v r /PROPERTY / COM A\ j co !\ T f L O P / v 4 4, ci \ / 1110R \LDR \, Oka L DR 1 7. �� v v i ' v - v v PSP \ \ \• LD \• -� \ i \ /"--- A/� %•\ ct - v / \ D • 7\ \' / \ .9 LDR / - A / /` D/ \ - / ' \ / \ 7 ' \ 7 \ \ \ 7/ / 'CO/1 LDR L'IIM w COfv 7 CO Ni / MDR - - • COM \ ~ f Feet '\ \ LD R / / i / LDli / j /47 MD'R \ " i\ / 400 8-00 r MDR •\ Defier nt0 ••/,LDR \. / / `\ Tr. `'S.`i99 FYeparen ev ve$ opmentS:..l. <a CASE # 0809 -01 3.b. SITE- FUTURE LAND USE Agricultural /Rural - AR - Tourist - TOR 1 Estate Residential - ER Ra,aarch /Business Park - RBP - Low Density Res. - LDR f Li ] Light Industrial - LI -- - �' !sity Res. - MDR Heav1 Industrial - HI gh Density Res. - HDR I Pub!., Semi - Public - PSP Ile Home - MH Park - 1 ...cant -VAC - Drainage Corridor - DC ' 'on Tonal Office - PO DP Dredge Placement - DP _ _ iV:.. rcial - COM l ] Water GP Conservation/Preservation •Cf Transportation Plan .4 +ferib!s Collector -m - -. Ex pi oss/✓ay5 urur. Parkway -+°° +} Rol:road Map Scale: 1:2.400 sUB.1EGT -1t. ' PROPER Y � 1 \ / LOCATION MA PI v a w.ws 1 t..'ity of Christi 7fl& sO9 Prepa -v:8y /5RR tc&d,ment Services CASE # 0809 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Pet [mailmen! House District 418 Apatrnanl House District P-2 "raiment house pjf -t AB Professional Office District AT Arai truant-Tourist LLstd.t B -1 Ne1e b [marl euaine o D>rolFt B14 filnigDorhood Buslnea:. Gott to -2 Bayfroa Puffiness DlstrlcF BRA bainer Island Business District B -i BBrine s Distant B-4 Pteneral Blusintsci District F-3 Primo; BUSiitess Roast B5 Frimao 8usiuess Core District ED Cori LIS Chrisll Beach Design DISC F:R Farr Rt. al District HE Patel pal- Cultural Landmark Preservation 101 OD' -i Limited Industrial District cart Industri l District 3 Heavy IndustrialDst-mt RCM Planned Unit Dev5opment R ? Ora Family Opening Gist rot R =B Our Family Defiling Glaarlb! R - +r or- Family Rxelltg D >rrtct R-2 PrEltiple Dap ling 4stdot RR One Family Grueling Dispirit RE Residential Sstote Dlstuar R- H icenbause Dnemngt trkt SP G:01 Perini sal.a Tlilvel Trailer Park PISS, T-1a Menufaeturad Hine Pall DLtdet .i denuraolured Homo 9 bdiv sion [Rolm' 4e (f istor v a- A Cone ?DO 's:etl v Ot e a Z. a @achedow eeTV timbre no oputaaied COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -01 Name: ALICIA ROMERO Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 26 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H :\PLN- DIR\SHARED \l. Planning Commission \2009 P02009 Public Comments \0809- 02.doc —231— dlHSKSNMO 10- 6080160, BnbsoPpoN 600\ Dd 600duolsswwoO Buluueld'L \O3BVHS\ IO-NldVH mma -000 -400 <0mm mmmmm0000000000 00000 °q N m WW NN NNNNNN N N N 1400000 om 0Pmm0Pmm000000umm����= 8°0800 00800000go0°g8000Soo 'g °O Bo °O ° °0 °o $$m °0 °m °8$8 N °NOS 88808r186888888888882888888 0 m+ on 'o O w on r 3 3 3 0 0 A 3 0 3 0 0 0 0 0 0 m r 3 A Z 00 DD0Dm0DOmmm0CD0DDDDDDDDD000a 3m 222y<<y 2HtZ AOTm(AA A A AAA T< K D 2 c-y 0111 CC�N mpg- DD - IAAAAD Dr0 T 00 33pO��OmNiD000m0 mLDi 4Di GI GDImy8OV ' Dy ZZDm T "CT <m Dem'D3m2mm< nnom0A 09 mmmz D, Aj A1TACHMC'Y -#-8 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth 11: 100 More Policies for Implementation ", provided by the Smart Growth Network. Zoning Case:_ #0809 -01 Alicia Romero From: "AB" to "B -1" Answer Pts. Weight Score Will the request promote development that fosters the following? 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail /service? 3 uses added 2 uses added 1 use added 3 2 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 1 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 2 + uses 3 2 1 x2 0 2. Takes advantage of compact building design. 3 Utilizes reduced setbacks and /or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? Yes 1 x 3 3 Manages and effectively provides a transition between higher and lower - density neighborhoods? Yes No 1 0 x 2 0 3. Creates a range of housing opportunities and choices. 3 Implements a range of housing options with a variety of types and unit sizes within the community? (condos, townhomes, single- family, apartments) Yes No 1 0 1 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and /or low- income homeowners and individuals to reduce building costs and uses available resources more effectively? Yes No I 0 x 3 3 The project promotes development (residential, commercial, office) with a wide range in pricing available for varying income levels for sale or lease? Yes No 1 0 x 3 0 4. Creates walkable neighborhoods. 6 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance commutes? Yes I x 3 3 Will incorporate sidewalks or a bike or pedestrian path into the final development or connects to existing sidewalks? Yes No I 0 x 3 3 Promotes development so children are close enough to walk to school? Yes No 1 0 x2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 5 The building is an existing building that is historic in any way, or provides focus on a historical, cultural, or natural attributes? Yes No 1 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Yes No 1 0 x 2 2 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No I 0 x 3 3 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x3 0 —233— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 3 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 areas; utilizes land management techniques, to decrease the amount of pollution No 0 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 3 minimum) to replace trees being removed? No 0 x 3 Provides community green open space or includes useable green space for Yes 1 x 3 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strew thens and directs develo ' ment toward existin ' communities. 21 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 'A to'/ mile 1 /2 +miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 would make the property a productive piece of land? No 0 x 3 3 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 3 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No I 0 x 2 0 8. Provides a variety of transportation choices. 3 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 0 9. Makes development decisions predictable, fair and cost effective. 10 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes I No 0 x2 2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes 1 x 3 3 Point Grading System: Smart Growth Rating Total Points 57 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * —234— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 5, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman ABSENT A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez ABSENT Johnny R. Martinez Evon J. Kelly ABSENT Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Mark Simon, Plans Examiner Coordinator Lisa Wargo, Senior City Planner Robert Payne, AICP, City Planner Deborah Brown, City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. 111. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING a. Case No. 0809 -01 Alicia Romero — A change of zoning from "AB" Professional Office District to "B -l" Neighborhood Business District resulting in a change of land use from professional office use to neighborhood business use PHILLIPS, BLK A, LTS 14, 15 AND ADJ 30 FT OF LOT 16, generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue. Lisa Wargo, Development Services presented the above stated case via PowerPoint presentation. The applicant is Alicia Romero. Ms. Wargo stated the applicant is requesting to rezone .49 acres formally known as PHILLIPS LTS 14, 15 & ADJ 30 FT OF LT 16 BLK A, and generally located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue, from "AB" Professional Office District to "B -1" Neighborhood Business District to establish a nutrition sales center. Ms. Wargo stated the subject property is zoned as an "AB" Professional Office District. This district permits business and professional office uses and also includes single - family, duplex, multiple- family uses (maximum 36.30 units per acre), rooming and boarding houses, clinics, beauty culturist and hair shop, studio for an artist, clinics and hospitals. Retail sales uses, including storefront displays are not permitted. No machinery or equipment other than what is customarily found in a professional or business office shall be used or stored in lse5building or on the property lot. The district Planning Commission Minutes 2009 Page 2 requires a front yard setback of twenty (20) feet and a side and rear yard setback of ten (10) feet. The maximum height in the "AB" District is 45 feet or three (3) stories. Ms. Wargo stated the `B -1" Neighborhood Business District allows for single - family, duplex, multiple family, office professional service and retail uses, This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the "B -I" District. Ms. Wargo stated staff recommends approval of the `B -1" Neighborhood Business District for a Nutritional Sales Center, subject to site plan submittal and the `B- 1" Neighborhood Business District regulations, prior to scheduling review by the City Council. There are no outstanding code violations. There were twenty-six (26) notices mailed within the 200' notification area and two (2) outside the notification area with zero (0), zero (0) returned in opposition and one returned undeliverable. Faryce Goode- Macon, Development Services, stated she would like to make one correction to staffs recommendation. Mrs. Goode -Macon stated the "B -1" District will not be subject to a site plan. In response to Commissioner Skrobarczyk, Mrs. Goode -Macon stated no traffic, ingress, egress problems are projected and lighting and shielding issues are covered under nuisance ordinance should there be a complaint. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Garza, Commissioner Tamez and Commissioner Kelly being absent. -236- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALICIA ROMERO, ON BEHALF OF ALICIA ROMERO AND DAVID ROMERO, BY CHANGING THE ZONING MAP IN REFERENCE TO PHILLIPS, BLOCK A, LOTS 14, 15 AND ADJACENT 30 FEET OF LOT 16, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Alicia Romero, on behalf of Alicia Romero and David Romero, 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, August 5, 2009, during a meeting of the Planning Commission, and on Tuesday, September 8, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Phillips, Block A, Lots 14, 15 and adjacent 30 feet of Lot 16, located on the northeast side of Baldwin Boulevard, approximately 571 feet southeast of South Port Avenue, from "AB" Professional Office District to "B -1" Neighborhood Business District. (Zoning Map 047042) (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. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 8\ORD2a3r1ny0809 -01- Romero B -1.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 8th day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: September 1, 2009 ( /Deborah Walther-Brown Assistant City Attorney For City Attorney J✓ H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 8 \ORD.ZSning0809 -01- Romero B -1.doc 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:\ LEG -DIR \Shared \LEGAL -DE V.SVCS\2009 Agenda \9- 8 \OR2.aving08D9 -01- Romero 84.doc CASE # 0809 -01 PLANNING COMMISSION & STAFF RECOMMENDATION EXHIBIT A FROM: AB TO: 8 -1 23 t7 -Z0 -09 7 iv/47a auh c; L PM R- ICON: rn2r2ZA_S'AaitxG -4y 1 11 s s ?bp/a- Zt 6,94, ! //3^"` awl �e 54uasi'iti 7T-24 Le o, ogofet M(S. UNTIL 4 'v-. 7Jvc i) Erneyeney 7 O4/61" Scek,g. y 344- vivi7LMi /y6s FA 5 4,11/4'h -243- AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 8, 2009) Case No. 0809 -02, Mostafa Bighamian: A change of zoning from "8-4" General Business District to an "I- 2" Light Industrial District resulting in a change of land use from general business to light industrial on the property described as WOODLAWN ESTS, BK 4, LTS 11 & 12, generally located on the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. Planning Commission's and Staff's Recommendation (August 5, 2009): Denial of the "I -2" Light Industrial District. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: Request: The applicant is requesting a change of zoning on .98 acres from a `B -4" General Business District to an "1 -2" Light Industrial District. The Applicant would like to legally perform auto body detailing and painting indoors. Background: During the years 1982 -1983: The subject property was utilized as catering business named "Elite Catering" 1996: The subject property received Building Permits for Commercial Remodeling /General Repair. 2000 -2002: The subject property operated a business under the name "Nation Rent ". 2004: The subject property operated a business under the name "P & S Touch Ups" 2005: The subject property operated a business under the name "Auto Accent" and "Absolute Detailing ". 2008: The subject property is shown in City records as being utilized as a "Retail/Trade /Eating Drink Establishment" December 22, 2008: The subject property receives a citation from the City's Code Enforcement Division for operating an automobile painting business as an illegal land use within the B -4 "General Business District ". The citation also included complaints from the surrounding neighborhood of odor, noise, insufficient setbacks for the portable accessory buildings, and lack of screening fence between the business and neighboring residential use. 2009: The subject property operated a business under the name "Absolute Detailing" and "Absolute Car Care Center ". June 18, 2009: The subject property was cited by the City's Code Enforcement Division for performing automobile spray painting operations onsite. Although the facility has approved booths for spray painting associated with auto sales being the primary use, the spray painting use alone is a nonconforming and illegal use in the current B -4 "General Business District ". July 14, 2009: The Applicant submitted a request to the City's Zoning Division to rezone the property to the "1-2" Light Industrial Zoning District. -244- Existing Land Uses: The subject property is currently being used as an auto repair and auto body detailing facility that includes indoor auto body painting within approved booths, and is currently non- conforming in its zoning compliance and use. Auto painting as a stand alone use is permitted in the Industrial Districts. Auto sales businesses are allowed auto painting as an accessory use to the primary use in Business Districts. Existing Zoning: The subject property is zoned `B -4" (General Business) 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. Heavy auto repair is defined in Article 3, Section 3 -1.053 of the City's Zoning Ordinance as: "Automotive Repair, Heavy. Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing'; impound yards for wrecked vehicles in association with wrecker services; repair of heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. The "B -4" District requires a 20 -foot front yard setback, and no side or rear yard setbacks unless the proposed use is located adjacent to a residential district, in which case a 10 -foot setback is required. Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback, and no side or rear yards unless the proposed use abuts a residential district; in which case a -10 foot side and rear set back is required. The "1 -2" District does not have a minimum lot size, lot frontage, height limitation, open space, or floor area intensity factor requirement. The "I -2" Light Industrial District allows for heavy auto repair, per the Zoning Ordinance. Transportation and Circulation: The subject property is located on the comer of South Padre Island Drive frontage and Clare Drive. South Padre Island Drive is an F -1, 6 -lane freeway in this area, with additional frontage roads. Clare Drive is a local collector road, 2- lanes, with 25 feet paved. Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips S.P.LD. F -1 Freeway /Expressway 400', 4 -10 lanes, paved. existing 11,050 Clare Drive CI Local Collector 50' right -of -way with two lanes, 25'paved. 60' Not available Infrastructure Demand: C. Water: An 8 inch city water line is located in front of the subject property along S. Padre Island Drive, and a 6 inch line is located along Clare Drive. H:\PLN -DIR\ SHARED\ I. Planning Commission\2009 CC �52O9 -02 Mosiafa Rlgham ian \ACENDAMEMO 0809 -02 Rev doc C. Wastewater: An 8 inch wastewater line runs along Clare Drive and along the back of the subject property line. •• Storm water: There is a 1 inch storm water pipe with inlets located approximately 435 feet southeast of the site for connection. Public Safety: Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C30. Crime statistics up to 2005 show a decrease from 1,919 crimes committed in 1993 to a low in 2005 of 1,230 crimes. The last year for which statistics are available is 2005. Cs Fire: The closest Fire Station is Station # 11, located at 910 Airline Drive, approximately 7,710 feet from the subject property. Environmental Constraints: 4 FEMA Flood Zone: Property is in FEMA flood zone X, and is not in a velocity zone. C. Flight Zone: The property is not located under any Flight Zones. Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned 2 stars out of a possible 5 stars. Plat Status: The subject property is platted. Comprehensive Plan Consistency: C. CORPUS CHRISTI POLICY STATEMENTS: POLICIES - INDUSTRIAL A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively- priced industrially -zoned land for expansion should be supported. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be WLN- DIRSSHARELPI Planning Comm&sionn2004 rtZ4fiar09 -02 Mostafa HighamlanlAGENDAMEMO 080e -02 Rev doe encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Policy Statement 13.1: The City Council, hereby, adopts the Future Land Use Plan as a guide to future land use decisions. The Plan provides guidance for future land use decisions including rezoning, platting, fiscal management and capital improvement planning. The Plan supports environmentally sound development and the efficient provision of public services and facilities. The future land use plan recommends those uses that may also be acceptable. Those uses described as "also acceptable" are likely to require special buffering to assure compatibility with adjacent uses, or perhaps some other improvements to meet the full intent of the Comprehensive Plan. Staff Comment: The Southeast Area Development Plan supports commercial uses at this site so the existing "B -4" General Business District is compatible with the Southeast Area Development Plan but the requested "1 -2" Light Industrial District is not; the Applicant's rezoning request is to allow for the continuation of auto body spray painting in approved booths that are already present onsite. Policy Statement B.2: A few steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas; b. Noise impacts from non - residential uses should be reduced by creating an open space buffer between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly, but are usually most effective when applied in combination to provide the desired effect; c. Placing low intensity activities next to single family uses. Policy Statement B.5: Industrial zoned areas in the Southeast should not be expanded more then shown in the Future Land Use Plan. Existing industrial uses should be permitted to continue and allowed limited expansion as shown in the Future Land Use Plan. Staff Comment: The subject property is located adjacent to an established R -IB low density single-family development. Recently the Planning and Zoning Division has received a complaint concerning more noise coming from the subject property and at later times during the day. The operational business hours at the subject property are from 8:00 am to 6:00 pm, Monday through Friday, and 9:00 am to 3:00 pm on Saturdays. Notification: Of the nine (9) notices mailed to the surrounding property owners one (1) notices were returned in favor and five (5) were returned in opposition totaling (17.85 %). The 20% rule is not invoked, however case should be considered controversial due to public interest. 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 for a change of zoning to be approved., rather than a simple majority. Unless such proposed H- \PLR -DIR \SHARED \ I Planning Commission \2009 CC\Sep4'09 \0809-0? Mestere Bleharman \AGEM)AMEMO 0809 -02 Rev doe 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 /ej Attachments: I. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) HoPLN- DIRSHAREO\I Planning Co Juan Perales, P.E., Interim Assistant City Manager of Development Services Email: johnnyp @cctexas,com Phone: 361-826-3828 ion \2009 CZS4p8090809 -02 Movar Bighamlan\ AGENDA MEMO 0809-02 Rev doc Senior Planner ILL) CITY COUNCIL ZONING REPORT Case No.: 0809 -02 Planning Commission Hearing Date: 08/05/09 Applicant: Mostafa Bighamian 2 Owner: Shafinury Morteza & Mostafa Bighamian aRepresentative: Mostafa Bighamian Address: 6358 S. Padre Island Drive, Corpus Christi, TX. Qom„ iu Legal Description/Location: WOODLAWN ESTS BK 4, LTS 11 & 12, generally located on A the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. Zoning Request From: "B -4" General Business District To: "1 -2" Light Industrial District Area: .98 Acres Purpose of Request: Applicant is requesting a change of zoning from the "B -4" General Business District to the" 1-2" Light Industrial District to allow for auto detailing and painting indoors. Zoning Existing Land Use Future Land Use Site B -4 "General Business District" Commercial Commercial North R -B "One- Family Dwelling District Low Density Residential Low Density Residential East B -4 "General Business District" Commercial Commercial South B -3 "Business District" Commercial Commercial West B -4 "General Business District" Medium-Density Residential Commercial ADP, Map & Violations Area Development and is Light - Industrial Commercial Map No.: Zoning City Council Plan: This tract of land is located in the Southeast Area Development Plan planned for future commercial land uses. The proposed change in zoning to an "I -2" use is not consistent with the adopted Future Land Use Map designation of use for this site. 041035 Violations: Unauthorized Use Violation extended pending Planning Commission and rezoning request determination, issued 8/03/2009. Staff's Summary: Request: The applicant is requesting a change of zoning on .98 acres from a "B -4" General Business District to an "1 -2" Light Industrial District. The Applicant would like to legally perform auto body detailing and painting indoors. Background: During the years 1982 -1983: The subject property was utilized as catering business named "Elite Catering" 1996: The subject property received Building Permits for Commercial Remodeling /General Repair. —249— Zoning Report Page 2 Applicant: Mostafa Bighamian Case #: 0809 -02 2000 -2002: The subject property operated a business under the name "Nation Rent ". 2004: The subject property operated a business under the name "P & S Touch Ups" 2005: The subject property operated a business under the name "Auto Accent" and "Absolute Detailing ". 2008: The subject property is shown in City records as being utilized as a "Retail /Trade /Eating Drink Establishment" December 22, 2008: The subject property receives a citation from the City's Code Enforcement Division for operating an automobile painting business as an illegal land use within the B -4 "General Business District ". The citation also included complaints from the surrounding neighborhood of odor, noise, insufficient setbacks for the portable accessory buildings, and lack of screening fence between the business and neighboring residential use. 2009: The subject property operated a business under the name "Absolute Detailing" and "Absolute Car Care Center ". June 18, 2009: The subject property was cited by the City's Code Enforcement Division for performing automobile spray painting operations onsite. Although the facility has approved booths for spray painting associated with auto sales being the primary use, the spray painting use alone is a nonconforming and illegal use in the current B -4 "General Business District ". July 14, 2009: The Applicant submitted a request to the City's Zoning Division to rezone the property to the "1 -2" Light Industrial Zoning District. Existing Land Uses: The subject property is currently being used as an auto repair and auto body detailing facility that includes indoor auto body painting within approved booths, and is currently non- conforming in its zoning compliance and use. Auto painting as a stand alone use is permitted in the Industrial Districts. Auto sales businesses are allowed auto painting as an accessory use to the primary use in Business Districts. Existing Zoning: The subject property is zoned "B -4" (General Business) District. The purpose of the "13-4" 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. Heavy auto repair is defined in Article 3, Section 3- 1.05.3 of the City's Zoning Ordinance as: "Automotive Repair, Heavy. Repair of bodies, frames, or fenders, painting, undercoating, or rust proofing': impound yards for wrecked vehicles in association with wrecker services; repair of heavy load vehicles such as recreational vehicles, tractor trailers, commercial dump trucks, or transit vehicles; or other similar heavy repair services. 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". The `8-4" District requires a 20 -foot front yard setback, and no side or rear yard setbacks unless the proposed use is located adjacent to a residential district, in which case a 10 -foot setback is required. —250— Zoning Report Page 3 Applicant: Mostafa Bighamian Case #: 0809 -02 Proposed Zoning: The purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback, and no side or rear yards unless the proposed use abuts a residential district; in which case a -10 foot side and rear set back is required. The "1 -2" District does not have a minimum lot size, lot frontage, height limitation, open space, or floor area intensity factor requirement. The "I -2" Light Industrial District allows for heavy auto repair, per the Zoning Ordinance. Transportation and Circulation: The subject property is located on the comer of South Padre Island Drive frontage and Clare Drive. South Padre Island Drive is an F -1, 6 -lane freeway in this area, with additional frontage roads. Clare Drive is a local collector road, 2- lanes, with 25 feet paved. t Traffic Count: Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2001 Average Daily Trips S.P.1 D. F-1 Freeway /Expressway 400', 4 -10 lanes, paved. existing 11,050 Clare Drive CI Local Collector 50' right -of -way with two lanes, 25'paved. 60' Not available Infrastructure Demand: Water: An 8 inch city water line is located in front of the subject property along S. Padre Island Drive, and a 6 inch line is located along Clare Drive. e Wastewater: An 8 inch wastewater line runs along Clare Drive and along the back of the subject property line. Storm water: There is a 1 inch storm water pipe with inlets located approximately 435 feet southeast of the site for connection. Public Safety: Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C30. Crime statistics up to 2005 show a decrease from 1,919 crimes committed in 1993 to a low in 2005 of 1,230 crimes. The last year for which statistics are available is 2005. Fire: The closest Fire Station is Station i 11, located at 910 Airline Drive, approximately 7,710 feet from the subject property. -251- Zoning Report Page 4 Applicant: Mostafa Bighamian Case #: 0809 -02 Environmental Constraints: 3 FEMA Flood Zone: Property is in FEMA flood zone X, and is not in a velocity zone. Flight Zone: The property is not located under any Flight Zones. Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned 2 stars out of a possible 5 stars. Plat Status: The subject property is platted. Comprehensive Plan Consistency: CORPUS CHRISTI POLICY STATEMENTS: POLICIES - INDUSTRIAL A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along LH. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concem is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - Priced industrially -zoned land for expansion should be supported. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. —252— Zoning Report Page 5 Applicant_ Mostafa Bighamian Case k: 0809 -02 • SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: Policy Statement B.1: The City Council, hereby, adopts the Future Land Use Plan as a guide to future land use decisions. The Plan provides guidance for future land use decisions including rezoning, platting, fiscal management and capital improvement planning. The Plan supports environmentally sound development and the efficient provision of public services and facilities. The future land use plan recommends those uses that may also be acceptable. Those uses described as "also acceptable" are likely to require special buffering to assure compatibility with adjacent uses. or perhaps some other improvements to meet the full intent of the Comprehensive Plan. Staff Comment: The Southeast Area Development Plan supports commercial uses at this site so the existing "13-4" General Business District is compatible with the Southeast Area Development Plan but the requested "I-2" Light Industrial District is not; the Applicant's rezoning request is to allow for the continuation of auto body spray painting in approved booths that are already present onsite. Policy Statement B.2: A few steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas; b. Noise impacts from non - residential uses should be reduced by creating an open space buffer between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly, but are usually most effective when applied in combination to provide the desired effect; c. Placing low intensity activities next to single family uses. Policy Statement B.5: Industrial zoned areas in the Southeast should not be expanded more then shown in the Future Land Use Plan. Existing industrial uses should be permitted to continue and allowed limited expansion as shown in the Future Land Use Plan. Staff Comment: The subject property is located adjacent to an established R -1B low density single-family development. The Applicant has provided screening from the neighboring development by constructing a solid fence between the two properties. However, recently the Planning and Zoning Division has received a complaint concerning more noise coming from the subject sub'ectpro property property and ront 8`00 am to 6.00zpm, Monday through Friday, and 9:00 am to 3 :00 J P P ry f pm on Saturdays. —253— Zoning Report Page 6 Department Comments: Applicant: Mostafa Bighamian Case #: 0809 -02 • The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas. • The proposed project is not consistent with the Adopted Future Land Use Map • The proposed Light Industrial use does not provide a smooth transition from the adjacent, existing Low Density Residential Development to the north. • The proposed Light Industrial use is not compatible with the adjacent, existing Low Density Residential Development to the north. Planning Commission & Staff Recommendation: Denial of the "I -2" Light Industrial District. Number of Notices: Within 200 foot notification area: 9; outside notification area: 0 Favor — 0 (inside notification area); 0 (outside notification area) Opposition 5 (inside notification area); 0 (outside notification area) 17.85% (As of September 2, 2009) Attachments: 1. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart —254— ("STY - Ni Loi_S,„r, WOOD LA NNEX d ,4ck T E 5 300 • Fp2.' CASE # 0809 -02 4. SITE- 2007 AERIAL SUBJECT PROPERTY Refer td Mao ?'or Neighborhood E•::•!o., La.si Use 41so available di !. !. !..ccte.:as.com ! OCAT!ON MAP] rE ;; ty of i'rus �.h risti -4 ti r 5' A • f: U. GI S UBJEC'T PROPERTY L A ' N Vi 1 V CASE # 0809 -02 2.a. NEIGHBORHOOD - EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res- - MDR ■.1 Density Res. - HDR U r r Ile Home - MH nt- VAC vrofi bnal Office - PO immercial - COM WI ll a`p Lt. CP Map Scale: 9:10,000 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water ! OCAT!ON MAP] SUBJECT "'ROPERTY\ ty of nrpus �.h risti SUBJECT{ PROPERTY\ / ;<. Ni �`� y \ / --..V / - t\ /\ ^-,V� �f� / \. V \., 0 Q / ! 0 04 , / y /44- / o " - / r 4uil 0 _"s .2009 CASE # 0809 -02 2.b. SITE- EXISTING LAND USE Enate Residential - ER Low Density Res. - LDR "-d Dr nsity Res. - MDR ■.1 Density Res. - HDR Ile Home - MH nt- VAC vroh bnal Office - PO nnmercial - COM IH,I la`p Lt. GP Map Scale: 1 2.400 Light Industrial - LI Heavy Industrial - Hl Public Semi - Public - PSP Park Draivage Corridor - DC Conservation/Preservation - CP Water LOCAT!ON MAP] SUBJECT PROPERTY i / /LDR/ LOR Y SUBJECT PROPERTY\ MDR LDR \` F 1 .,......k, k A. �� -.,j r k\ �'L7JR �'�. V ,� V Q-7 4:-'---.,_ ,V / �-, 2 LDR t / '�� Z '� 1 V !-� �.��tiC-\A �✓ / / Sr' • t et- CASE # 0809 -02 3.b. SITE- FUTURE LAND USE Agricultural /Rural • AR - Tourist - TOR 1 Estate Residential - ER =e.•] Rc,aarch /Business Path - RBP - - Low Density Res. - LDR f Li ] Light Industrial - LI - I ,sity Res. • MDR Heavl Industrial - HI —7h Density Res. - HDR Thrl Pub'' Semi - Public - PSP lie Home - MH Park - 1 .cant VAC - Drainage Corridor - DC ' 'on Tonal Office • PO DP Dredge Placement - DP _ an. ,..✓cial -COM l ] Water GP Conservation/Preservation • CP Na 0,9 CON Transportation Plan .4 +ferib's Collector ---- Exprasslvays ur- -. Parkway } Railroad Map Scale: 12.400 v a O! LDR cm CCM ! OCAT!ON MAP] SUBJECT PROPERTY ty of ( nrpus �.h risti CASE # 0809 -02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP At Apartment Hex Dtiri t 1 -1 Limited Industrial Distnct 414 .pal _N kouee D77nd 1-2 c oIi Industrial District R-2 Apar dint house Oldie 1-3 Heavy Industrial DBprl41 HE Professional tncn District PIMP Planned line Depolopment AT Arai ineent-Tcurisi LLstrict R- A Cre Family Deeding District B -1 leeigiadoi hoot: Ausine o SRAld R---8 Onr Family Deelling t nnvlct P-14 eleigiborhood Buslnerea D[Yi[t R -ir or- Family Deell tg D >d[ct E-2 Bayirsof Business Davie R-2 Nariltipla inrel ling nlstnat L-1A Ea, ner Island Business District RA One Family Dw Ili no Desist E -i Breiness Distant RE Residential Estate DintrInn $-4 teeneral Boehm:. District R -H Teendouse Dueling District 8d Prlroara BualitesZ Diced BP SP O:101 Perltid B-4 Primara 'Business Core District H-la Tavel Trailer Park Dlbt4n RD Cori us Finish Beach Design Diet T=1a Mnnufaetmad Halle Pale Daft FR Fatal RLI al Diirlat a denuraalured Homo S bdiviDon HE Hester eal- Cultural Landmark [Retrial Preservation l ©J x' Proadrty 00 vier 0rrner 200' /is cfle, a.'me snp dba oryr tea. Ale X Aopea -- SUBJECT PROPERTY MAP City Of Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -02 Name: Mostafa Bighamian Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 9 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 6 (43.71 %) II. Responses received from outside the 200 -foot notification area: Favor: 1 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Applicant — "Helping economy and neighborhood" Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H- \PLN -DIR\ SHARED \I. Planning Coni�sion'2009 PC\2009 Public Comments \0809- 02.doc m m 0 -266- 1019 VSVISONI ONV X3. 11SIHHO SOdtlOO 1S3 NMV1000M UfrOL o 8 m co m .+ n ,47TAcNm6N7 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for " provided by the Smart Growth Network. Zoning Case:_ #0809 -2 Mostafa Bighamian From: "B -4" to "I -2" Answer Pts. Weight Score _ Will the request promote development that fosters the following? 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- serving retail /service? 2 uses added I use added 2 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes I No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and /or compact development that supports more �,es 1 stores and restaurants within a neighborhood boundary, or creates opportunities No 0 x 3 to pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower - density Yes 1 x2 neighborhoods? No 0 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 within the community? (condos, townhomes, single- family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 homeowners and individuals to reduce building costs and uses available No 0 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 3 range in pricing available for varying income levels for sale or lease? No 0 x 0 4. Creates walkable neighborhoods. 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- No 1 0 x 3 distance. commutes? 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 development or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes No 1 0 x2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides Yes 1 x 2 focus on a historical, cultural, or natural attributes? No 0 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 1 0 x 2 Development Plan, the Future Land Use Map, and /or Comprehensive Plan? No 0 Promotes shopping and makes retail centers distinctive and attractive Yes 1 3 destinations and gathering places where residents frequent on the weekends? No 0 x 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x3 0 —267— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. Preserves critical areas for water - quality protection including wetlands, riparian zorridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 areas; utilizes land management techniques, to decrease the amount of pollution entering the water system and preserve wildlife habitats? No 0 Does the project implement green building techniques or standards for reducing Yes 1 x 3 environmental impacts? No 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x 3 minimum) to replace trees being removed? No 0 Provides community green open space or includes useable green space for Yes 1 x 3 0 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 farmland? No 0 7. Strengthens and directs development toward existing communities. 8 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than''/ mile 2 x 4 /to `/z mile 1 1/2+ miles 0 2 Is the availability of existing public services, such as police, fire, schools and health, sufficient to serve the project? Yes No 1 x 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 x 3 would make the property a productive piece of land? No 0 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 No 0 communities? Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 0 Is the project in an area with declining school enrolment that threatens its in Yes 1 x 2 neighborhood schools with closure or support residential use areas with No 0 historically declining school enrollment? 6 8. Provides a vane of trans to ation choices. 2 The proposed project is accessible by multiple modes of transportation (auto, bus, biking, walkin_)? 3 modes 2 modes 1 x 3 rail, 1 The project within walking distance to public transit? (Within 1,000 ft) Yes No 0 x 3 9. Makes develo i ment decisions • redictable, fair and cost effective. 6 1 The project is consistent with the Future Land Use Map and Comprehensive Yes x 2 Plan? No 0 The project is consistent with the Area Development Plan? Yes No 1 0 x 2 Is the proposed project located along transportation corridors where traffic is funneled to right-of-ways capable of handling the increased traffic without Yes 1 x 3 3 significantly decreasing the transportation levels of service for surrounding No 0 areas? 1 Will the project design incorporate systems for reducing storm water runoff or Yes x 3 retention? No 0 provide onsite Does project contribute to the economic vitality and diversity of the community high Yes 1 x 3 3 or propose commercial or industrial development in areas with chronic *eve ? No 0 unemdlo mentor Point Grading System: Smart Growth Rating Total Points 2"9 4. nn_conte =�4 +* 60- 79nts = * * ** 80-100 pts = ***** ** -20 pts = * 21 -39 pts. —268— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 5, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman ABSENT A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez ABSENT Johnny R. Martinez Evon J. Kelly ABSENT Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Mark Simon, Plans Examiner Coordinator Lisa Wargo, Senior City Planner Robert Payne, AICP, City Planner Deborah Brown, City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espaiiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. [II. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING b. Case No. 0809 -02 Mostafa Bighamian — A change of' zoning from "B-4" General Business District to "[ -2" Light Industrial District resulting in a change of land use from general business to light industrial use WOODLAWN ESTS, BK 4, LTS 11 & 12, generally located on the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. Ms. Wargo presented the above case via PowerPoint presentation. Ms. Wargo stated the applicant is requesting to rezone the property formally known as Woodlawn Estates, Block 4, Lots 11 & 12 from "B -4" General Business District to "I-2" Light Industrial District. The .98 Acre property is generally located on the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. Ms. Wargo stated the subject property is zoned "B -4 ". The purpose of the "B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Permits uses such as multiple- family dwellings, boat and auto sales, hotels, and taverns. 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, tlt�g 2 l0 -foot setback is required. Planning Commission Minutes 2009 Page 2 Ms. Wargo stated the purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. Ms. Wargo stated the site future land use map shows the subject property as being planned for Commercial use and the surrounding properties planned as: to the north low density residential, to the south commercial, to the east commercial, and to the west commercial. Ms. Wargo stated nine (9) notices were sent within the notification ication area . nd zero (0) outside the radius with zero (0) in favor and six (6) opposition Ms. Wargo stated on December 22, 2008 the subject property received a citation from the City's Enforcement Division for operating an automobile painting business as an illegal land use with "B-4" General Business District. The citation also included complaints from the surroundings neighborhood of odor, noise, insufficient setbacks for the portable accessory buildings, and lack of screening fence between the business and neighboring residential use. Ms. Wargo stated the subject operated a business under the name "Absolute Detailing" and "Absolute Car Care Center" Ms. Wargo further stated on June 18, 2009, the subject property was cited by the City's Code Enforcement Division for performing automobile spray painting operations onsite. Although the facility has approved booths for spray painting associated with auto sales being the primary use, the spray painting use alone is a nonconforming and illegal use in the current B -4 "General Business District ". On July 14, 2009 the applicant submitted a request to the City's Zoning Division to rezone the property to the "1 -2" Light Industrial Zoning District. Ms. Wargo stated the following were departmental comments: The rezoning request does not take advantage of expansion of industrial use within existing industrially zoned areas; the proposed rezoning request is not consistent with the Adopted Future Land Use Map; the proposed rezoning request is not consistent with the Southeast Area Development Plan; the Planning & Zoning Division is still receiving complaints from the neighboring development of excessive noise being generated by the current use and staff at the subject property. Staff recommends a limiting operational use of the business to reduce the noise being produced at later hours. Ms. Wargo stated staff recommends denial of the Applicant's request to rezone the subject property from the `B -4" General Business District to the "1 -2" Light Industrial District In response to Vice -Chair Huerta, Mrs. Goode -Macon stated staff does not recommend a Special Permit. Public hearing was opened. Mostafa Bighamian, property owner, stated the business has been operating for eight (8) years. There has apparently been a conflict between a neighbor and an employee and the employee in question has been fired. All codes have been passed and the City has issued a Certificate of Occupancy. Mr. Bighamian stated not allowing this —270— Planning Commission Minutes 2009 Page 3 business to operate will affect not only for the eighteen (18) employees but for eighteen (18) families as well. Mr. Bighamian stated the tenant is only requesting equal treatment. The tenant has been at the location for eight (8) years and had not had any issues with then neighbors. Mr. Bighamian also stated Lundquist Paint & Body is "B -4" Zoning and is operating the same type business as his tenant. In response to Commissioner Adame, Mrs. Goode -Macon stated the use in question at Lundquist Paint & Body is an accessory use to the dealership. Mr. Delbosque, 1429 Claire Drive, came forward in opposition. The police have been called over seventy-four (74) times last year and as of March of this year twenty- four (24) times. Mr. Delbosque stated his son has breathing and hearing health issues. Jose Saenz and Gilbert Luna have noise violations pending. Mr. Delbosque stated he has issues with trash being thrown into his yard in addition to illegal dumping in the ditch and in his yard. Mr. Delbosque stated a crew manager at the property location threatened his family and has an attempted murder charge on his arrest record. Mr. Delbosque stated his family lives in fear and other neighbors feel the same but are in fear of coming forward. In response to Vice -Chair Huerta, Mrs. Goode -Macon stated issues with fumes and ventilation were not addressed because the case at hand is related strictly to zoning. Lilly Silva, 6358 South Padre Island Drive, came forward in favor. Ms. Silva stated she is the co -owner of the business at the property location. Ms. Silva stated she does not run background checks on her employees and she primarily employs persons from half -way houses to allow them an opportunity at gainful employment. Ms. Silva stated she believes Mr. Delbosque may actually rent at the adjacent property and has no financial obligation. Ms. Silva stated the Special Permit will give the business a chance. Ms. Silva stated they have had a Certificate of Occupancy for eight (8) years and have had no issues with the fire marshal. Ms. Silva stated the business is in Occupational Safety and Health Administration (OSHA) compliance as well as city compliance. In response to Vice -Chair Huerta, Ms. Silva stated the business closes at 8 p.m. and there is no activity at the location after 8 p.m. Ms. Silva stated there is security on location after 8 p.m. Ms. Silva also stated calls or complaints made to the police can not always be substantiated and she believed the previous stated complaints to be frivolous. In response to Commissioner Taylor, Mrs. Goode -Macon stated there is no previous Special Permit. In response to Vice -Chair Huerta, Mrs. Goode -Macon stated the department is aware of the business operating in the "B -4" zoning district as Absolute Detailing and was unaware of the automotive body or other operations and has been "B -4" since at least the last thirty (30) to thirty-five (35) years. In response to Vice -Chair Huerta, Ms. Silva stated in regards to setbacks all detail ports have been moved forward to the front of the property. Mr. Joe Ortiz, 3723 Mendan Hall, came forward in favor. Mr. Ortiz stated families will be displaced and believes the previous complaints are not truthful. Mr. Ortiz stated he is in support of the Special Permit and the business has operated for nearly -271- Planning Commission Minutes 2009 Page 4 ten (10) years. Mr. Ortiz stated he would like the Commission to take into account the police reports and accounts having been from the same person. In response to Mr. Ortiz, Commissioner Nadkarni, stated notices were sent and 43% of property owners within the notification area with six of the surrounding property owners in opposition. In response to Mr. Ortiz, Vice -Chair Huerta stated the business has been in operation for eight (8) years not ten (ten) as stated by Mr. Ortiz and that for eight (8) years the business has not been compliant and has been violating the ordinance. Mr. Huerta further stated the home in all likelihood was in existence before the business. In response to Vice -Chair Huerta, Mrs. Goode -Macon stated Development Services is unsure how long the business has been operating in non - compliance. Paul Hurt, 137 Tropical Lane, came forward in favor. Mr. Hurt stated people have a tendency to use governmental bodies as a "hammer" and encouraged the Commission to take this into consideration. Mr. Hurt stated this business provides a service, employs families and does not want to see business move out of town. Mr. George Oresco, 6630 Vienna Drive, came forward and stated he has been to the property. Mr. Oresco stated the property's compressors have been moved up to the main building, the fence is being replaced and the detailing part of the business is operating along the fence along the apartment complex. Mr. Oresco stated the business has been approved by the Fire Department. Mr. Oresco further asked the Commission to take into account whether anyone was ever arrested at the property when considering the number of police complaints. Mr. Bighamian, came forward in favor and stated one additional point. Mr. Bighamian stated most of the police complaints have come from the same complaintant. Public hearing closed. Commissioner Skrobarczyk stated it is unfortunate the business is not compliant. Commissioner Martinez stated some of the larger businesses mentioned previously have certain requirements such as buffers that must be followed. In response to Commissioner Adame, Mrs. Goode -Macon stated an applicant cannot apply for a special permit but must apply for the desired district, in this case an "I- 2" Light Industrial District. The Planning Commission or the City Council have the ability to make the use achievable through a Special Permit. Upon staff review a Special Permit was not recommended due to buffer spacing and because of the commercial designation on the future land use map. Motion to approve staffs recommendation and deny the requested zoning was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Garza, Commissioner Tamez and Commissioner Kelly being absent. —272— Planning Commission Minutes 2009 Page 5 Mrs. Goode -Macon stated this case would be forwarded to the City Secretary's office for scheduling with City Council and the notification of that meeting will be met in accordance with State Law which will occur within six (6) to eight (8) weeks. —273— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAFA BIGHAMIAN, ON BEHALF OF MOSTAFA BIGHAMIAN AND MORTEZA SHAFINURY, BY CHANGING THE ZONING MAP IN REFERENCE TO .98 ACRES OUT OF WOODLAWN ESTATES, BLOCK 4, LOTS 11 & 12, FROM "B -4" GENERAL BUSINESS DISTRICT TO "I- 2" LIGHT INDUSTRIAL 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 Mostafa Bighamian, on behalf of Mostafa Bighamian and Morteza Shafinury, 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, August 5, 2009, during a meeting of the Planning Commission, and on Tuesday, September 8, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on .98 acres out of Woodlawn Estates, Block 4, Lots 11 & 12, located on the north side of S. Padre Island Drive, approximately 2,800 feet southeast of Airline Drive, from "B -4" General Business District to "1 -2" Light Industrial District. (Zoning Map 041035) (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. H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 6 \ORD- zoning 0509 -02 Bighamian I -2.doc —274— 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 day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: September 1, 2009 " ;1 Deborah Walther Brown= - Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 8 \OFJygning 0509 -02 Bighamian I -2.doc 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 s H:\ LEG -DIR\ Shared\ LEGAL- DEV.SVCS\2009 Agenda \9- 8 \OMning 0809 -02 Bigharnian I -2.doc 4 5 ULFWAY S grr n WOOOLAW SPID /R AIj AnDITI. 1 B -4 PA &'E 1LAZA 1/16/2009 Prepare • By: SRR a enf .f D-y ••me ►�GL•'C�V CENT S/D B- CASE # 0809 -02 APPLICANT'S REQUEST EXHIBIT/ FROM: 8-4 TO: 1 -2 ORDINANCE: '"--jLOCATION MAP 24 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 8, 2009) Case No. 0809 -03, Mary L. Molina: A change of zoning from "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District resulting in a change of land use from single family residential to neighborhood business on the property described as Alameda Park, Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street. Planning Commission's and Staffs Recommendation (August 5, 2009): Denial of the Applicant's rezoning request for the "B -1" Neighborhood Business District, in lieu thereof, approval of the `B -IA" Neighborhood Business District for this property. Requested Council Action: Approval of Planning Commission and Staffs Recommendation. Summary: Request: The owner is requesting a change in zoning from the "R-1B" One Family Dwelling District to a `B -1" Neighborhood Business District for a mixed residential and clothing alteration business use. Existing Land Uses & New Development Requirements: The subject property is currently vacant. The Applicant plans to demo the existing home onsite and rebuild another 2,200 sq. ft. building; 1,000 sq. ft. of the new building will be used for the alteration business, and 1,200 sq. ftt will be utilized as a single - family residential use. Commercial and residential mixed construction must comply with the International Building Code (IBC) for building, structural, electrical, plumbing, mechanical, and fire code requirements. The off - street parking requirement for residential use is two parking spaces, and one space for every 200 sq. ft. of building floor area for the alteration business (in this case, 5 spaces for 1,000 sq. ft.) for a total of seven off - street parking spaces. Landscaping will also be required along the front of the proposed building, as well as a solid fence along the north and east property lines of the subject property. The number of signs allowed for the subject property is one 64 sq. ft. freestanding sign, with a maximum height of 20 feet. Wall signs may not exceed a maximum of 25% of the wall fronting a right -of -way. One minimum twenty-five foot wide commercial driveway is permitted for the subject property. Existing Zoning: The subject property is Located in a section of Everhart Road that is experiencing a trend in which single- family residential uses are being converted to office, retail /personal service and commercial uses. The fact that the homes are fronting on an arterial street and are accompanied with high volumes of traffic, make this area less desirable for single family uses. This trend is evident in other parts of the city of Corpus Christi, for example, on Airline Road between Gollihar Road and McArdle Road; Weber Road between McArdle Road and South Padre Island Drive; Kostoryz Road between Horne Road and South Padre Island Drive. In 2001, City Council initiated a change of zoning along McArdle Drive from Airline Road to Lum Ave., to a `B -1" Neighborhood Business District and long Airline Road from McArdle Road to Lum Ave. to a "B -1" Neighborhood Business District. These two areas were originally developed with single - family homes but had become undesirable for such use with frontage along the major arterial streets. Such lots were converted to office and commercial /personal service uses. -281- The subject property is zoned as an "R-1B" One Family Dwelling District. The "R-1B" District allows for single - family residential, churches, parish halls, public and non -profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a twenty-five (25) foot building setback from the street right -of- way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty-five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -IB" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The "B -I" Neighborhood Business District allows for single- family, duplex, multiple family, office professional service, custom dress making and tailoring, and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The "B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the "B -1" District. In comparison, the "B -1A" Neighborhood Business District also allows for the alteration /tailoring/dressmaking and residential use, and provides for a pedestrian oriented neighborhood with compatible commercial uses, preserve community aesthetics along city streets, and to protect and enhance traffic flow on city streets. This district provides primarily for retail shopping, personal service and office uses for a single lot or multi -lot development to serve the needs of a residential neighborhood. This district is intended for use where conversion of residential uses to non - residential uses is occurring on arterial and collector streets. This district is generally not intended for use where the only access will be a local residential street. Transportation and Circulation: The subject property has access to Everhart Road. Currently, Everhart Road is a four lane minor arterial road with a 95' foot right -of -way. The minor arterial provides for citywide and inter- neighborhood traffic mobility but functions at a lower level than the secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access than the secondary arterial. There are currently no plans for upgrades. Traffic Count: u �O na Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Everhart Road Minor Arterial 95ft. ROW 14,306 ADT Infrastructure Demand: + Water: An 8 inch city water line is located in front of the subject property along Everhart Road, and a 4 inch line is located along the back of the property along the property line. Wastewater: A 27 inch wastewater line runs along Everhart Road, and an 8" line runs along the back of the subject property line. Stormwater: A stormwater line runs the length of Everhart Road. Public Safety: H \RLN- DIR'SHAREDU Planning Commission \2“10gC82:00 \0809 -03 Mary L Mollina\AGENDAMEMO 0809-0 AOc • Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C20. Crime statistics show a total of 1993 crimes committed in 2002, and 1910 crimes committed in 2005. The last year for which statistics are available is 2005. • Fire: The closest Fire Station is Station # 1 I, located at 910 Airline Drive, approximately 8,235 feet from the subject property Environmental Constraints: • FEMA Flood Zone C: Moderate to low risk of flooding, areas outside the I -percent annual chance floodplain. Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned 3 stars out of a possible 5 stars. Comprehensive Plan Consistency: •b CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested `B -I" Neighborhood Business District is not consistent with the Future Land Use Plan which supports Professional Office uses at this site. Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: The proposed business /commercial use will be required to construct a solid fence adjacent to the neighboring residentially zoned areas to be consistent with this Policy. HIGH - VOLUME TRAFFIC SHOULD BE SEPARATED FROM RESIDENTIAL AREAS OR OTHER NOISE - SENSITIVE LAND USES. 11 VPLN- DIIeSHAREDU Planning CommissionL009'C213910809.0: Mary L MollinaAAGENDAMEMO 0809 -0: doc Residential areas should be planned so that they are buffered from noisy high volume roads. Special attention should also be given to the location characteristics between high noise activities such as industrial uses, transportation facilities, and noise - sensitive uses such as parks and hospitals. Staff Comment: In addition to the screening fence required by the City's Zoning Ordinance, lirnited operating hours are recommended so as not to disturb the neighboring residential uses. The Applicant's land use statement indicates that the operating hours of the business will be Monday — Saturday, from 9:00 am to 6:00 pm. •3 SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: POLICY STATEMENT 8.12 Much of the area long Everhart Road between SPID and Staples Street is transitioning from residential, office and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses. Over a period of years the increase in traffic flow on Everhart Road has made residential areas less desirable for residential use and attractive for intensive commercial redevelopment. The City's Special Permit (Zoning Ordinance) has been used to grant general commercial uses for many of these properties while retaining the underlying low intensity zoning district. As this area continues to redevelop with commercial uses, the City should require property owners to develop their properties in a way that will minimize negative impacts to adjacent residential neighborhoods and lesser commercial uses still going through transition. The following design objectives and list of prohibited uses should be applied to this area. a. No loading areas allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. b. No trash dumpsters allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. c. Lighting directed away from residential areas. d. No public address systems allowed and noise attenuation techniques may be required. For example, noise attenuation may include an eight foot screening wall instead of a standard 6' fence. Another example might be to prohibit garage doors along the rear of a building (side next to residential zoned area) to reduce noise from auto repair shops. e. Prohibited uses - uses associated with noise or high traffic generation beyond the usual business hours of 8 a.m. to 7 p.m. should be prohibited. Such uses would include but are not limited to bars, clubs, dance halls or taverns; billiard parlors, bowling alleys, or skating rinks; 24 hour printing, publishing or engraving. Implementation of these design objectives should be accomplished by the existing Special Permit process. Staff Comment: The subject property is located within the vicinity mentioned by this policy. The use immediately to the north of the subject property is still zoned for residential purposes, and is planned for Professional Office use through the adopted Future Land Use Map, and the property to the south is zoned "B-IA" Neighborhood Business. Staff feels that during the transition period of this neighborhood that the "B -IA" Neighborhood Business district would be more appropriate for this site since it also allows for the alteration/tailoring /dressmaking and residential use. Since the proposed building will only be one -story and therefore will not exceed the 26 foot maximum height, and the property H \PLN -DIR \SHARED \I Planning Commission38:902(83‘.3)910809 -03 Mary L. Mollina\AGENDAMEMO 0809 -03 dor meets the minimum lot square footage, lot width, and the maximum building square footage, Staff recommends consideration of the `B -IA" Neighborhood Business District. In addition, the alteration business use proposed for the subject property does not typically produce high traffic or sound volumes. Notification: Of the twenty -nine (29) notices mailed to the surrounding property owners one (1) notices were returned in favor and one (1) were returned in opposition totaling (7.14 %). 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 for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Juan Perales, P.E, Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361- 826 -3828 FGM /ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner t' V H \PLN -DIR \SHARED \I Planning Commission \2ous -t2:ppDvsv809.03 Mary L. Molina \AGENDAMEMO 0609 -03 doc CITY COUNCIL ZONING REPORT Case No.: 0809 -03 in Commission Hearing Date: August 5, 2009 Applicant & Legal Description Applicant: Mary L. Molina Owner: Same Representative: Same Address: 629 Everhart., Corpus Christi, TX 78412 Legal Description/Location: Alameda Park, Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street. Zoning Request From: "R -1B" One - Family Dwelling District To: "13-1" Neighborhood Business District Area: .17 acres (7440 sq. /ft.) Purpose of Request: Alterations shop and single family residence mixed use. Zoning Existing Land Use Future Land Use Site "R -IB" One - Family Dwelling District Low Density Residential Professional Office North "R-1B" One- Family Dwelling District Low Density Residential Professional Office East "R-18" One - Family Dwelling District Low Density Residential Low - Density Residential South "B-1A" Neighborhood Business District Commercial Commercial West R -1B" One - Family Dwelling District Low Density Residential Low - Density Residential ADP, Map & Violations Area Development Plan: This lot is located in the Southeast Area Development Plan and is planned for professional office uses. The proposed change in zoning to a "B -1" Neighborhood Business District is not consistent with the adopted Future Land Use Map which designates the area for professional office uses. Map No.: 043038 Zoning Violations: None Staff's Summary: Request: The owner is requesting a change in zoning from the "R -1B" One Family Dwelling District to a `13-1" Neighborhood Business District for a mixed residential and clothing alteration business use. Existing Land Uses & New Development Requirements: The subject property is currently vacant. The Applicant plans to demo the existing home onsite and rebuild another 2,200 sq. ft. building; 1,000 sq. ft. of the new building will be used for the alteration business, and 1,200 sq. ft. will be utilized as a single - family residential use. Commercial and residential mixed construction must comply with the International Building Code (IBC) for building, structural, electrical, plumbing, mechanical, and fire code requirements. The off - street parking requirement for residential use is two parking spaces, and one space for every 200 sq. ft. of building floor area for the alteration business (in this case, 5 spaces for 1,000 sq. ft.) for a total of seven off - street parking spaces. Landscaping will also be required along the front of the -286- Zoning Report Page 2 Applicant: Mary Molina Case #: 0809 -03 proposed building, as well as a solid fence along the north and east property lines of the subject property. The number of signs allowed for the subject property is one 64 sq. ft. freestanding sign, with a maximum height of 20 feet. Wall signs may not exceed a maximum of 25% of the wall fronting a right -of -way. One minimum twenty -five foot wide commercial driveway is permitted for the subject property. Existing Zoning: The subject property is located in a section of Everhart Road that is experiencing a trend in which single- family residential uses are being converted to office, retail /personal service and commercial uses. The fact that the homes are fronting on an arterial street and are accompanied with high volumes of traffic, make this area less desirable for single family uses. This trend is evident in other parts of the city of Corpus Christi, for example, on Airline Road between Gollihar Road and McArdle Road; Weber Road between McArdle Road and South Padre Island Drive; Kostoryz Road between Horne Road and South Padre Island Drive. In 2001, City Council initiated a change of zoning along McArdle Drive from Airline Road to Lum Ave., to a `B -1" Neighborhood Business District and long Airline Road from McArdle Road to Lum Ave. to a `B -1" Neighborhood Business District. These two areas were originally developed with single- family homes but had become undesirable for such use with frontage along the major arterial streets. Such lots were converted to office and commercial /personal service uses. The subject property is zoned as an "R-1B" One Family Dwelling District. The "R -1 B" District allows for single- family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a twenty-five (25) foot building setback from the street right -of- way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty-five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 726 units per acre and a building height of 35 feet not to exceed three (3) stories. Proposed Zoning: The "B -1" Neighborhood Business District allows for single- family, duplex, multiple family, office professional service, custom dress making and tailoring, and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the "B -1" District. In comparison, the "B -I A" Neighborhood Business District also allows for the alteration /tailoring/dressmaking and residential use, and provides for a pedestrian oriented neighborhood with compatible commercial uses, preserve community aesthetics along city streets, and to protect and enhance traffic flow on city streets. This district provides primarily for retail shopping, personal service and office uses for a single lot or multi -lot development to serve the needs of a residential neighborhood. This district is intended for use where conversion of residential uses to non - residential uses is occurring on arterial and collector streets. This district is generally not intended for use where the only access will be a local residential street. Transportation and Circulation: The subject property has access to Everhart Road. Currently, Everhart Road is a four lane minor arterial road with a 95' foot right -of -way. The minor arterial provides for citywide and inter - neighborhood traffic mobility but functions at a lower level than the secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access than the secondary arterial. There are currently no plans for upgrades. -287- Zoning Report Page 3 Traffic Count: Applicant: Mary Molina Case #: 0809-03 Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Everhart Road Minor Arterial 95ft. ROW 14,306 ADT Infrastructure Demand: • Water: An 8 inch city water line is located in front of the subject property along Everhart Road, and a 4 inch line is located along the back of the property along the property line. • Wastewater: A 27 inch wastewater line runs along Everhart Road, and an 8" line runs along the back of the subject property line. Stormwater: A stormwater line runs the length of Everhart Road. Public Safety: • Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C20. Crime statistics show a total of 1993 crimes committed in 2002, and 1910 crimes committed in 2005. The last year for which statistics are available is 2005. • Fire: The closest Fire Station is Station # 11, located at 910 Airline Drive, approximately 8,235 feet from the subject property Environmental Constraints: 4• FEMA Flood Zone C: Moderate to low risk of flooding, areas outside the 1- percent annual chance floodplain. Relationship to Smart Growth (See Attachment # 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles and the request has earned _3_stars out of a possible 5 stars. Comprehensive Plan Consistency: •3 CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan -288- Zoning Report Page 4 Applicant: Mary Molina Case #: 0809 -03 and /or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The requested `B -1" Neighborhood Business District is not consistent with the Future Land Use Plan which supports Professional Office uses at this site. Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: The proposed business /commercial use will be required to construct a solid adjacent to the neighboring residentially zoned areas to be consistent with this Policy. HIGH - VOLUME TRAFFIC SHOULD BE SEPARATED FROM RESIDENTIAL AREAS OR OTHER NOISE - SENSITIVE LAND USES. Residential areas should be planned so that they are buffered from noisy high volume roads. Special attention should also be given to the location characteristics between high noise activities such as industrial uses, transportation facilities, and noise - sensitive uses such as parks and hospitals. Staff Comment: In addition to the screening fence required by the City's Zoning Ordinance, limited operating hours are recommended so as not to disturb the neighboring residential uses. The Applicant's land use statement indicates that the operating hours of the business will be Monday — Saturday, from 9:00 ant to 6:00 pm. SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: POLICY STATEMENT B.12 Much of the area long Everhart Road between SPID and Staples Street is transitioning from residential, office and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses. Over a period of years the increase in traffic flow on Everhart Road has made residential areas less desirable for residential use and attractive for intensive commercial redevelopment. The City's Special Permit (Zoning Ordinance) has been used to grant general commercial uses for many of these properties while retaining the underlying low intensity zoning district. As this area continues to redevelop with —289— Zoning Report Page 5 Applicant: Mary Molina Case #:0809 -03 commercial uses, the City should require property owners to develop their properties in a way that will minimize negative impacts to adjacent residential neighborhoods and lesser commercial uses still going through transition. The following design objectives and list of prohibited uses should be applied to this area. a. No loading areas allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. b. No trash dumpsters allowed within 50' of the rear property line and within 10' of the side property lines which abut single family zoning districts. c. Lighting directed away from residential areas. d. No public address systems allowed and noise attenuation techniques may be required. For example, noise attenuation may include an eight foot screening wall instead of a standard 6' fence. Another example might be to prohibit garage doors along the rear of a building (side next to residential zoned area) to reduce noise from auto repair shops. e. Prohibited uses - uses associated with noise or high traffic generation beyond the usual business hours of 8 a.m. to 7 p.m. should be prohibited. Such uses would include but are not limited to bars, clubs, dance halls or taverns; billiard parlors, bowling alleys, or skating rinks; 24 hour printing, publishing or engraving. Implementation of these design objectives should be accomplished by the existing Special Permit process. Staff Comment: The subject property is located within the vicinity mentioned by this policy. The use immediately to the north of the subject property is still zoned for residential purposes, and is planned for Professional Office use through the adopted Future Land Use Map, and the property to the south is zoned `B -1A" Neighborhood Business. Staff feels that during the transition period of this neighborhood that the `B- 1A" Neighborhood Business district would be more appropriate for this site since it also allows for the alteration/tailoring /dressmaking and residential use. Since the proposed building will only be one -story and therefore will not exceed the 26 foot maximum height, and the property meets the minimum lot square footage, lot width, and the maximum building square footage, Staff recommends consideration of the "B -1A" Neighborhood Business District. In addition, the alteration business use proposed for the subject property does not typically produce high traffic or sound volumes. Plat Status: The subject property is platted. Planning Commission and Staff Recommendation: Denial of the Applicant's rezoning request for the `B -t" Neighborhood Business District, in lieu thereof, approval of the "B -I A" Neighborhood Business District for this property. -290- Zoning Report Page 6 Applicant: Mary Molina Case #: 0809 -03 Number of Notices Mailed 29 Total 29 within 200 ft. notification area; 0 outside notification area Favor - 1 (inside notification area); 0 (outside notification area) Opposition - 2 (inside notification area); 0 (outside notification area) 7.14 % As of August 10„ 2009: Attachments: 1. Site 2007 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart -291- T' ( Q'E PL ACEP5 S•:H0 Ppl N 'GitR q-- & ,ac &, r O Fv 2% • .. V ' 'I / A AVA L O7�€ menern ti 9- 4;S1JBJECT PROPERTY A 'f -s SEV f ll N- FUN D'REE E R H A'R,T E R Puh �.. __ r.. ra• -_. - -4- CASE # 0809 -03 4. SITE- 2007 AERIAL 0 Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at Www.cctexas.corn SUBJECT \\ PROPERTY LOCATION MAP t„, City of Corpus Christi '' � Dom.. A ' <�' ••, o' Q `1 • " JJC V c) .: k \ rte - 40-- -. ?rte ~ • c. M 8;0 CASE # 0809 -03 2.a. NEIGHBORHOOD - EXISTING LAND USE c Estate Residential - ER 1 LI I Light Industrial - LI [ - Low Density Res. - LDR 1`11 1 Heavy Industrial - Hl "'d Dr nsity Res- - MDR !?SP Public Semi- Public - PSP Density Res. - HOR 1 1 Park i , t' r Ile Home - MN Drainage Corridor - DC 'nt - VAC '' CP Conservation/Preservation - CP ”rofi "oval Office - PO n water mlmerciai - COM Map Scale: 7:70,000 ]LOCATION MAP City of c fir N1:, Christi m L 1 I VAC! IC CASE # 0809 -03 2.b. SITE- EXISTING LAND USE ER [f Lrght Industrial - L! LDR - 1 Heavy Industrial - Hl MDR r - Public Semi - Public - PSP HDR Park ..., i Drainage Corridor - DC OP Conservation/Preservation - CP - PO in Water Estate Residential - Low Density Res. - Med Density Res. - High Density Res. - Mobile Home - MH Vacant - VAC Professional Office Cotmnercial - COM Map Scale: 1:Z400 115-/ / LOCATION MAP SUS iECT \\ PROPERTY t„, City of Corpus Christi _� /\ ?\." Loa / �ACI I v / f � -- 4, LOP i '-'--\. �o,�� coM COM / CDR 9 \ \ v \ \ .p \ a \� \ \ 7)\\\ \\ LDR /� PO \d L\DR PO /SUBJECT ' PROPERTY COM ~y' y / \_ " P / LDR h / LDR LB / \ i ti \- / 4 \ r / /\ .1fro O CASE # 0809 -03 3M. SITE- FUTURE LAND USE Agricultural /Rural - AR Estate Residential - ER [. - = Low Density Res. - LDR - ° Med Density Res. - MDR HL! High Density Res. - HDR ITT1 Mobile Home - MH VAC I Vacant - VAC Poi Professional Office - PO Lai Commercial - COM m Transportation Plan cr�stl�g Proposed • Arterials - - -4. Collectors - - -- Expressways Parkway Railroad [r. --I=1 Tourist -TOR Research /Business Park - RBP Light Industrial - Li [ -1 Heavylndustrial - HI I Public Semi- Public - PSP Park Drainage Corridor - DC OP Dredge Placement - DP [ J Water CP Conservation/Preservation - CP Map Scale: 1:2.400 \\ LpR' -v / \\ / \ \ / 'Y \ ].':h 2009/ : 8 / \ / Feet fc Depsri of0eveoep pare ffeu. .a r T >-... "/ 115-/ / LOCATION MAP SUBJECT ,\PROPERTY t„, City of Corpus Christi 14 POP E PLA 2 5 SHOPPING CTR 7A D 22 5 P ®PE' PLACE. 5 4 — 23 /SP' SUBJECT ROPERTY 0 21 DR ETD E E 20 T ERR. Dep 118 9 7120'2009 epared 8y: KAB.,.. of Deve epmer{t Servic/ es CASE # 0809 -03 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -, AMA A -2 AB AT 8 -1 8 -1A 8 -2 B-28 B -3 B-4 8 -1 8 -6 8D FAR HC Apartment House District Apartment House Diavlct Apartment Hmne Diavlct Protessional Office Disrtt Apartment - Towns[ Dlstrlct Ataighboi hood BUShea. DIStf Neighborhood BUShaas Dt11rct BayficntEdna :too Dlstrct Barrer Dares 8650,11 District Bastresa Dlstrlct General Bush ,1s District Flvnary Business DASnlst H muted lndusi■ .el Distact I -2 Light 1636sttat District I-3 Heavy Industrial Dtstrst POD Planned Unit Development 8- IA One FamllyClzeWng Costricr 8 -18 Ore ramily DC '.5-666X[ R -1C One Fanfty DwsNng 006tct R-2 ,V!05ple °waging Dist ct Pot Ogre Family Dwelling District HE Residential Estate District R -'H Townhouse Dwelling Di58iel SP Specel Pef mit Rlmary Business Cave Dlsbkt 8-14 Travel ➢'seer Pala Olblst crowns Chi Bit Beech Design Dist 7-18 Manufonn ed Home Perk DisMUt Ferro Rural District 7-10 Mani lecnil ed Home Subdivision Historical-Cullum! Landmark Dlshkrt &eseva Gon Subject Property Owners wIh 200' buffer m .favor A Owners ndtt in 200a listed on V 003,961 attached wanerchiy table 80 in 0000s/too SUBJECT PROPERTY ,,, LOCATION MAP COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -03 Name: MARY L. MOLINA Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 29 0 Notices returned from within the 200 -foot notification area: Favor: 1 Opposition: 1 (7.14 %) #27 Ignacio Perez/Karen Risney, 4141 Meridian Ave: "Do not want another business across my bedroom window" II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 —303 - HAPLN- DIR\SHAREDAI. Planning Commission\ 2009 PCA2009 Public Comments V0809- 03.doc H: \PLN -DIR \SHARED\. Planning Commission\2009 PC\2009 Notices\Aug'09 \0809- 03_OWNERSHIP_LIST.xls I wm -J m I,A N.1M-.0 01 A CO CO 0 A Cl) 0 ON + 0 01 N 0 0 A 0 a 10 n 0 T 0 J 7 0 N 0 0 0 W O $ 11 TI -� Ci 2 aI AI A. 1'i 1 nmi pml ZNI Ng( �c1 on 'n > ml Z 1 0' -0 El ZZ nZA U5-ZV n= i KA —i mp N0 g A ' 0 m 1 • 1 -I -I -I a -I ti -I X X XXX XXXXX -I -i XXXX -I -I 1 - -1 XXXXX -i -1 Xx '-∎ -I XXXXXXr -I -i ti T ID N -I M J - J 00000 CO J 00' - Ai - A r i r _. W(J ++a 0 JO -• 0 CO J OA1 A 01 p + IV DI 0 D I/ -1 0) CO r 0) CO c maa • 'A Wa ■ •AA +001a rp00c 4 + 0— C a (.3 > + CA) 41 PI 0, O0[0C 00mO 0 70000 70000 0 e Co m 0 CORO J 61 N A ll • A A.A u w c 0111n 1 C Co II 0 1O I0 a c • +m`A' 1 C J 41N , oi-a 0 c 0 2 ) 0 0 a' A 41 DIO l000O co 7 000c Dim CO Ca ).0 lY n� 0 0 C A C Co CI N C (D 0 0 0 I C C u i 0 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to Smart Growth 11: 100 More Policies fo Implementation ", provided by the Smart Growth Network. toning Case :_ #0809 -03 Mary Molina From: _ "R -1B" to "B -1" Answer Pts. Weight Score Will the request promote development that fosters the following? 1. Mix land uses. 8 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail /service? 2 uses added 1 use added 2 1 x 3 6 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 2 2 + uses 1 2. Takes advantage of compact building design. 2 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities Yes x 3 to pursue a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower- density Yes 1 neighborhoods? No 0 x 2 2 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 within the community? (condos, townhomes, single- family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and /or low - income Yes 1 homeowners and individuals to reduce building costs and uses available No 0 x 3 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 6 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- Nos 1 0 x 3 distance commutes? 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 development or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 3 The building is an existing building that is historic in any way, or provides Yes 1 focus on a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 1 x 2 Develo.ment Plan, the Future Land Use Ma., and/or Com.rehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive Yes 1 destinations and gathering places where residents frequent on the weekends? No 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 3 —305— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 areas; utilizes land management techniques, to decrease the amount of pollution No 0 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x 3 minimum) to replace trees being removed? No 0 0 Provides community green open space or includes useable green space for Yes 1 x 3 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x2 farmland? No 0 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than % mile 2 x 4 %< to Yz mile 1 h + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 x 3 health, sufficient to serve the project? • 0 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 would make the property a productive piece of land? No 0 x 3 3 Will the project encourage commercial and retail investment in underserved Yes 1 x3 communities? No 0 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with Yes No 1 0 x 2 historically declining school enrollment? 0 8. Provides a variety of transportation choices. 9 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 6 The project is consistent with the Future Land Use Map and Comprehensive Yes I x2 Plan? No 0 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 0 . x 3 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 3 provide onsite retention? No 0 x 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes x 3 3 Point Grading System: Smart Growth Rating Total Points 52 0 -20 Ms = * 21 -39 nts.= * * 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * —306— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 5, 2009 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman ABSENT A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez ABSENT Johnny R. Martinez Evon J. Kelly ABSENT Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Mark Simon, Plans Examiner Coordinator Lisa Wargo, Senior City Planner Robert Payne, AICP, City Planner Deborah Brown, City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la eomision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING c. Case No. 0809 -03 Mary L. Molina — A change of zoning from "R-1B" One - family Dwelling District to "B -1" Neighborhood Business District resulting in a change of land use from single- family residential to neighborhood business and single- family residential uses Alameda Park, Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street. Ms. Wargo presented the above stated case via PowerPoint presentation. The applicant is Mary Molina. The applicant is requesting to rezone .17 acres formally known as Alameda Park, Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street from "R -I B" One - Family Dwelling District to "B -1" Neighborhood Business District for the construction of a 2,200 square foot alteration shop and single family residence. Ms. Wargo stated The "R-IB" One - Family Dwelling District provides for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses. The district requires a minimum 6,000 square feet per lot with a minimum 50 foot width, 25 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 35 feet / three stories. The maximum density in the district is 7.26 units per acre. —307— Planning Commission Minutes 2009 Page 2 Ms. Wargo stated the applicant is requesting to rezone the property to the `B -1" Neighborhood Business District, which allows for single- family, duplex, multiple family, office professional service and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the `B -I" District. Site Existing Land use map, showing the subject property and the properties to the north, east, and west, as being used for low- density residential purposes, and the property to the south being used for commercial purposes. The Southeast Area Development Plan states the following; POLICY STATEMENT B.I2: Much of the area long Everhart Road between SPID and Staples Street is transitioning from residential, office and neighborhood commercial use to a more intensive commercial use. As this transition occurs the City will encourage the most intensive nodes of commercial development at the intersection of SPID and Staples Street. Between these high intensity nodes of commercial development the City will encourage a transition to a combination of unrestricted neighborhood commercial uses and some limited general commercial uses. Ms. Wargo stated staff comment is the subject property is located within the vicinity mentioned by this policy. The use immediately to the north of the subject property is still zoned for residential purposes, and is planned for Professional Office use through the adopted Future Land Use Map, and the property to the south is zoned `B -IA" Neighborhood Business. Staff feels that during the transition period of this neighborhood that the `B -IA" Neighborhood Business district would be more appropriate for this site since it also allows for the alteration /tailoring/dressmaking and residential use. Since the proposed building will only be one -story and therefore will not exceed the 26 foot maximum height, and the property meets the minimum lot square footage, lot width, and the maximum building square footage, Staff recommends consideration of the `B -IA" Neighborhood Business District. In addition, the alteration business use proposed for the subject property does not typically produce high traffic or sound volumes. The Applicant proposes operating business hours between 9:00 am to 6:00 pm, Monday — Saturday, and currently has 5 full -time employees and two -part-time employees. Ms. Wargo stated staff recommends denial of the applicant's rezoning request for the `B -1" Neighborhood Business District, in lieu thereof, approval of the `B -IA" Neighborhood Business District, subject to site plan submittal and the `B -IA" Neighborhood Business District regulations, prior to scheduling review before the City Council. Ms. Wargo stated within the notice area 29 notices were mailed out with one (1) notice in favor and I in opposition for 7.14% Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Martinez and seconded by Commissioner Adame. Motion passed unanimously with Chairman Garza, Commissioner Tame and Commissioner Kelly being absent. -308- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARY L. MOLINA, BY CHANGING THE ZONING MAP IN REFERENCE TO .17 ACRES OUT OF ALAMEDA PARK, BLOCK 6, LOT 31, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -1A" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mary L. Molina, 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, August 5, 2009, during a meeting of the Planning Commission, and on Tuesday, September 8, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on .17 acres out of Alameda park, Block 6, Lot 31, located on the northeast side of Everhart Road, approximately 465 feet south of Avalon Street, from "R -1 B" One - Family District to "B -1A" Neighborhood Business District. (Zoning Map 043038) (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. 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. C: \DOCUME -1 \rebeccah \LOCALS -1 \ Temp \ORD- zoning0809 -g dialina B-1A.doc Page 2 of 3 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 day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: August 31, 2009 Deborah Walther Brown Assistant City Attorney For City Attorney C: \DOCUME- 1 \rebeccah \LOCALS -1 \Temp \ORD- zoning080930 Norma B- 1A.doc 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 CADOCUME- 1\rebeccah 1LOCALS -11Temp \ORD- zoning0805 -q3 Molina B- IA.doc 25 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 8, 2009 A. Public hearing to consider and First Reading Ordinance to consider abandoning and vacating a 9,955.05 - square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way, subject to compliance with the specified conditions. B. Ordinance repealing Ordinance No. 7012 %, which authorized the City Manager to execute, for and on behalf of the City, a Revocable Easement for use of a portion of the public right of way and street of Ocean Drive, lying south of the south line of Lot 1, Markamay Estates, and east of easterly line of Lot 1, Block 1, Alta Plaza, in the City of Corpus Christi, Nueces County, Texas. ISSUE: GHS Land, LTD, Owner of the property, is requesting to amend the Revocable Easement granted to the original owners for the use of a portion of the Ocean Drive public right -of -way, and to abandon, vacate, and purchase the 9,955.05- square foot portion of dedicated public right -of -way, for the future development of the right - of -way. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. PRIOR COUNCIL ACTION: August 28, 1963 (Ord. No, 70121/2) - Council approved and granted a Revocable Easement to the Owners of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D - Background Information - Ordinance - Site Location Map — Ordinance 7012'A -315- 7 i4_ Juan Perales, Jr., P.E. Interim ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: GHS Land, LTD, ( "Owner ") of 3285 Ocean Drive, is requesting the abandoning and vacating of the 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right -of -way, and west of the current Ocean Drive public right -of -way, to allow for the future development of that portion of the dedicated public right -of -way. In August 28, 1963, (Ord. 70121/2) the City granted a Revocable Easement to Oscar and May Spitz, ( "Owners ") of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. The original Owners had been maintaining the said portion of dedicated public right -of -way in front of their property since 1963. Ordinance 70121/2, must be repealed by City Council, prior to the abandoning and vacating of said dedicated portion of public right -of -way by paying fair market value and purchasing said right of way from the City. All public and franchised utilities were contacted regarding this closure request. City Storm Water Department has an existing 24" RCP storm sewer fine within the right -of -way and is requiring that a minimum 15 -foot wide drainage easement be retained within the right -of -way. City Gas Department has an existing 4" gas line within the right -of -way and is requiring that a minimum 10 -foot wide utility easement be retained within the right -of -way. None of the other city departments or franchised utility companies had any facilities within the public right -of -way. There were no objections regarding the proposed portion of public right -of -way abandonment. Staff recommends that the Owner pay the fair market value of $47,789.00 for the abandonment and vacation of the 9,955.05- square foot portion of the Ocean Drive public street right -of -way, prior to closure going to City Council. The fair market value fee assessed for the Ocean Drive street closure is discounted for the retaining of the utility and drainage easements. As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of the Ocean Drive public right -of -way. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A -316- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 9,955.05- SQUARE FOOT PORTION OF DEDICATED PUBLIC RIGHT OF WAY (OCEAN DRIVE), LOCATED NORTH OF THE ALTA PLAZA DRIVE PUBLIC RIGHT -OF -WAY AND WEST OF THE CURRENT OCEAN DRIVE PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, GHS Land, LTD is requesting the abandonment and vacating of a 9,955.05 - square foot portion of a dedicated public right -of -way (Ocean Drive), located north of Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, September 8, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 9,955.05- square foot portion of a dedicated public right -of -way, as recorded in Volume 14, Page 13 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. That the abandonment and vacation of the above public right -of -way easement is conditioned upon Owner's compliance with the following: 1) Owner pay the fair market value of $47,789.00 prior to the street closure ordinance for the abandonment and vacating of the 9,955.05- square foot portion of the Ocean Drive public street right -of -way going to City Council for approval. 2) Repeal Ordinance 7012 %, which authored and granted a Revocable Easement to the Owners of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 8 \ORDabandon- vacate- AItaPiazaDrive.doc Page 2 of 3 3) City Storm Water Department has an existing 24" RCP storm sewer line within the right -of -way and is requiring that a minimum 15 -foot wide drainage easement be retained within the right -of -way. 4) City Gas Department has an existing 4" gas line within the right -of -way and is requiring that a minimum 10 -foot wide utility easement be retained within the right -of -way. 5) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the recordation of the street closure, an up -to- date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. H: \LEG -DI R \Shared \LEGAL -DE V. SVCS\2009 Agenda \9- 8 \ORO3t8 rn ion- vacate- AltaPlaza Drive.d oc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of September, 2009, by the following vote: Joe Adame Priscilla Leal Chris N. ,Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: September 1, 2009 ' ' By:;, -L,t �1 �;, eborah Walther Browne`' Assistant City Attorney For City Attorney Joe Adame Mayor H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9 -8 \ORD + abah3bn- vacate- AItaPiazaDrive.doc ORDINANCE REPEALING ORDINANCE 7012 1/2, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A REVOCABLE EASEMENT FOR USE OF A PORTION OF THE PUBLIC RIGHT OF WAY AND STREET OF OCEAN DRIVE, LYING SOUTH OF THE SOUTH LINE OF LOT 1, MARKAMAY ESTATES, AND EAST OF THE EASTERLY LINE OF LOT 1, BLOCK 1, ALTA PLAZA, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 7012'/2, passed and approved on August 28th 1963, which authorized the City Manager to execute, for and on behalf of the City, a revocable easement for use of a portion of the public right of way and street of Ocean Drive, lying South of the South line of lot 1, Markamay Estates, and East of the Easterly line of Lot 1, Block 1, Alta Plaza, in the City of Corpus Christi, Nueces County, Texas, is hereby repealed. SECTION 2. 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 8th day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: September 1, 2009 „Alp' cat eborah Walther Browrt' Assistant City Attorney For City Attorney —320— 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 —321— 2 15 o> 41, 20 221 1 137 227 25 3233 26 21 22,- 3241 o y 1 27 22 3259 29 3225 28 328 3246 19 3260 20 3270 21 3218 Cit Proposed Alta Plaza Street ROW 9,955.05 SQ. FT. 111 126 10 11- 123 122 13 no 12 18 106 31 1 23 3302 3302 4 24 109 5 101 3344 3344 3333 3333 110 3330 106 • 105 3344 101 0 100 200 Feet Proposed Public Right of Way Closure LZZZZZZA Right of Way 8 450' Buffer 50' Buffer 6116/2009 Prepared By: 05 Department of Development Services-GIS LOCATION MAP o, RO W OCATIQN r..ri City of Corpus Christi AN ORDINANCE AUTHORIZING THE CITY I.AN GER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A REVOCABLE EASEMENT FOR USE OF A PORTION OF THE PUBLIC RIGHT OF t' /AY AND STREET OF OCFAN DRIVE, LYING- SCUTit OF THE SOUTH LINE OF LOT 1, MARKAMAY ESTATES, AND EAST OF THE EASTERLY LINE OF LOT 1, BLOCK 1, ALTA PLAZA, IN THE CITY OP CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING THE TERMS OF SUCH EASE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, APPLICATION HAS BEEN MADE BY OSCAR SPITZ AND WIFE, Mar SPITZ, FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A GRAVELED AND/OR PAVED SURFACE DRIVEWAY OVER A PORTION OF THE PUBLIC RIGHT OF WAY AND STREET OF OCEAN DRIVE, LYING SOUTH OF THE SOUTH LINE OF LOT 1, RARKAMAY ESTATES, AND EAST OF THE EASTERLY LINE OF LOT 1, BLOCK 1, ALTA PLAZA, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH SUCH DRIVEWAY TO RUN IN A GENERALLY SEMICIRCULAR DIRECTION FROM TN.. SOUTH BOUNDARY LINE OF LOT 1 TO THE PRESENTLY DESIGNATED ALTA PLAZA STREET, AND TO DE OF SUCH WIDTH AS OWNERS SHALL DETERMINE; FOR THE RIGHT TO CONSTRUCT, INSTALL AND MAINTAIN WHITE BRICK COLUMNS WITH DECORATIVE CASTINGS AND/OR LIGHTS ON EITHER SIOE OF SAID DRIVEWAY NEAR THE POINT THAT SAME ENTERS THE PRESENTLY DESIGNATED ALTA PLAZA STREET; FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A DECORATIVE ELECTRIC LAMP POLE AND LIGHT, WITH NECESSARY WIRING ON SAID PUBLIC RIGHT OF WAY AND STREET; AND FOR THE RIGHT TO FILL IN ALL OR ANY PART OF SAID PUBLIC RIGHT OF WAY AND STREET AND TO PLANT AND MAINTAIN GRASS, SHRUBS AND TREES ON ALL OR PART OF SAID PUBLIC RIGH" OF WAY AND STREET; AND WHEREAS, THE CITY COUNCn. DEEMS IT IN THE BEST INTEREST TO GRANT A REVOCABLE EASEMENT TO OSCAR SPITZ AND WIFE, MAY SPITZ, FOR SHE PURPOSES OUTLINED HEREIN.:BOVE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ECTION 1. THAT THE CITY MANAGER, FOR AND ON ?EHALF OF THE/, CITY OF CORPUS CHRISTI, BE, AND HE IS HEREUY, AUTHORIZED AND DIRECTED -323 - 7012 • EXHIBIT D TO EXECUTE A REVOCABLE EASEMENT AND DELIVER THE SAMC TO OSCAR SPITZ AND WIFE, AUTHORIZING THE CONSTRUCTI.OF AND MAINTENANCE OF A GRAVELED AND /OR PAVED SURFACE DRIVEWAY OVER A PORTION OF THE PUBLIC RIGHT OF WAY AND STREET OF OCEAN DRIVE, LYING SOUTHTOF THE SOUTH LINE OF Lot 1, I4ARKAMAY ESTATES, AND EAST OF THE EASTERLY LINE OF LOT 1, BLOCK 1, ALTA PLAZA, IN THE CITY OF CORPUS CHRISTI, i4UECES COUNTY, TEXAS, WITH SUCH DRIVEWAY TO RUN IN A GENERALLY SEMICIRCULAR DIRECTION FROM THE SOUTH BOUNDARY LINE OF LOT 1 TO THE PRESENTLY DESIGNATED ALTA PLAZA STREET, AND TO DE OF SUCH WIDTH AS OWNERS SHALL DETERMINE, AND FOR THE CONSTRUCTION, MAINTENANCE AND BEAUTIFICATION OF THE AFORESAID AREA, ALL AS MORE FULLY DET OUT IN THE REVOCABLE EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. -324- 4 THE STATE OF TExx; COUNTY OF NIECES REVOCABLE EASEMENT 1 1 KNU: ALL MEN BY THLL PRESENTS: ATTACHED HERETO, MARKED EXHIBIT A °, AND MADE A PART HEREOF 16 A PLAT OF MARKAMAY E.•TATES, AN AUDITION TO THE CITY OF CORPUS CHRISTI, TEXAS. TIIE PROPERTY DESCRIBED AS LOT 1 OF SAID MAAKAMAY ESTATES IS OWNED DY OSCAR SPITZ AND WIFE, MAY SPITZ. DELINEATED IN RED ON SUCH PLAT, ANO LYING SOUTH or THE SOUTH LINE OF SAID 1.•T 1, AND EAST or THE EASTERLY LINE OF L::T 1, BLOCK 1, ALTA PLAZA, 15 SHOWN A PART OF THE PRESENTLY IMPROVED PORTION OF THE PUBLIC RIGHT OF WAY ANO STREET OF OCEAN JRIVE (WHICH PUBLIC RIGHT OF WAY AND STREET HAS IN THE PAST BEEN KNOWN AS SHEL1. ROAD AND/OR DELORES STREET). THE AREA DELINEATED IN GREEN ON SUCH PLAT IS CLAIMED BY CITY OF CORPUS CHRISTI TO HE FART OF SA10 OCEAN DRIVE) HOWEVER, SUCH CLAIM IS DISPUTED BY THIRD PARTI'..,, ANN FURTHER REFERENCE IN THIS AGREEMENT TO SAID PUBLIC RIGHT OF WAY AND STREET SHALL REFER ONLY TO INC AREA MARKED IN RED ON THE ATTACHED PLAT. OSCAR SPITZ AND MAY SPITZ, HEREINAFTER REFERRED TO AS SECOWC PARTIES, AS OWNERS OF SA10 LOT 1 AND AS ABUTTING PROPERTY OWNERS OF SAID PUBLIC RIGHT OF WAY AND STREET, ARE CNTIYLED TO FULL ACCESS THERETO WITH FULL RIGHTS OF INGRESS ANO EGRESS THCREOVER. CITY Or CORPUS CHRISTI, TEXAS (HEREINAFTER REFERRED TO AS CITY), HAS AND EXERCISES FULL POWER, CONTROL, DOMINION AND OWNERSHIP or SAID PUBLIC RIGHT OF WAY AND STREET. SECOND PARTIES HAVC REQUESTED THAT CITY GRANT TO THEM THE RIGHT TO CON- STRUCT AND MAINTAIN A GRAVELED AND/OR PAVED SURFACE DRIVEWAY OVER SAID PUBLIC RIGHT of WAY ANO STREET; SUCH .'.RIVE'WAY TO RUN IN A GENERALLY SEMICIRCULAR 41UECTION FROM THE SOUTHERLY BOUNDARY LINE Or 3A10 LCT 1 0 7HC PRESENTLY IRSI'NATFU ALTA PLAZA STREET, AND TO DE or SUCH WIDTH AS SCCONU PART I CS U$.,LL DETERMINE; AND HA'JE FURTHE: REOLESTE° A GRANT -325- FROM CITY Of THE RIGHT TO CONSTRUCT, INSTALL AND HAINTAIPi WHITE °RICK COLUMNS WITH DECORATIVE CASTINGS AND/OR LIGHTS ON EITHER SIDE OF SAID DRIVEWAY NEAR THE POII:T THAT SAME ENTERS THC PRESENTLY DESIGNATED ALTA PLAZA STREET; HAVE R;OUESTCD A GRANT FROM CITY or INC RIGHT TO CON- STRUCT AND MAINTAIN A DECORATIVE ELECTRIC LAMP POLO AND LIGHT, WITH NECESSARY WIRING, ON SAID PUOLIC RIGHT Of WAY ANO STREET, AND HAVE ALSO REQUESTED A ORAUT FROM CITY OF TNC RIONT TO FILL IN ALL OR PART OF SAID PUBLIC RIGHT OF WAY AND STREET, AND TO PLANT AND MAINTAIN GRASS, SMRn'CIS AND TREES ON PART OR ALL or SAID 0U$LIC RIGHT OF WAY AND STREET. CITY 15 AGREEABLE TO GRANTING SUCH RIGHTS AND EASEMENTS 70 SCco::b PARTIES WITH THE UNDERSTANDING AND UPON THE CORDITi ONS THAT THE SAME SHALL DC REVOCABLE IN WHOLE OR Jo PART AT SUCH TINE THAT CITY INCORPORATES ALL OR ANY PART OF SUCH PUUI..0 RIGHT OF VAY ANO STREET INTO 175 TRAFFI': PLAN FOR MOVING TRAFFIC ALONG OR OFF OR 1073 OCEAN O IVE AND/ON ALTA 'LAM LiTRI :ETD IT BEING U4DERST00U Aiii1 AGREE') It I ITT AND LC' >•:° PARTS CS THAT SUCH PUOLIC RIGHT OF WAY AND ;STREET 15 AN Ir :TCGRA'. PART OF AND IS 'EEOCD roll CITY'S ®TRE'•:T PLAN SYSTEM, A'W FUTURE IMPROVEMENTS THERETO. NOAH, PA.REFORC, KNO.. ALL MIN UY THEM P;LSENT.I THAT THE CITY OF CORPUS CHRISTI, T1. %AS, ACTING BY AHD THROUGH ITS DULT AUTHORIZED CITY MANAGER, HERBERT v. WHITNEY, FOR AND ut CONSIDCRATION OF THE PREMISES AND THE SUM OF GNE DOLLAR ($1.00) IN HAND PAID DY USCA4 J.PITZ ANO WIPE, MAY SPITZ, THE RECEIPT OF WHICH 15 HEREBY ACKHOWLCOGCD AND CONFESSED, HA:S CRANTCO, SUL) AN) CONVEYL'O, AND we TNESC PRCSC'ITA DOES i7ANT, sLLL ANJ CONVEY, UPON THE CONDITIONS HEREINAFTER STATED, UNTO Inc SA10 OSCAR SPITZ AND WIFE, MAY SPITZ; (1) THE RIONT TO CONSTRUCT AND MAIRTAIN A GRAVELED OR PAYED ORIVCWAY OlKK 34,3 PUU_IC RIGHT Or WAY :ANO STREET SHOW. 1 RED ON THE PLAT ATTACHE., AS CXH1.°+IT A° j NI TM SUCH i)R IVEwAY TO PUN 'N A GCNC13ALLY .,: "1ICIRCULAR UIRECTIUN FROM THE SOUTH UOUNDARY LINE OF LOT 1 TO THE PPCSENTLt DESIGNATED ALTA P;.AJA STREET, AND TO GE or LL'Lh WIDTH a .tOHC, PART IL'] SP.r L. JETCIiM !'.(y` (2) 7HC. RIGHT TO CONSTRU( , INSTALL A;11) :_,1 n.. ..... TL URI..K •.i).UN JCS vi TH :A:COR:.'!'••I CASTINGS ANr3 /L(. —326 - ;_iGHT3 L. .. :Tjtti :.:DC SAP: . •t:lyl.`•AY .LAP 1H!. PO: :1A7 S /NtC t!ULnS THE PRESENTLY DESIGNATED ALTA PLAZA STREET; (3) THC : ?1GH1 TO CONSTRUCT AND MAINTAIN A DECORATIVE ELECTRIC LAMP POLE ANC LIGHT Y ITH NECESSARY WIRING OR 5AI0 PUBLIC RIGHT OF WAY AND STREET; (k) THE RIGHT TO FILL IN ALL OR ANY PART OF SAID PUBLIC RIGHT OF L1 /Y AND STREET AND TO PLANT AND .MAINTAIN GRASS, SHRUBS AND TREES ON ALL OR PART OF SAID PU0•_IC RIGHT OF WAY AND STREET. 1 � TO HAVE AND TO HOLD THE SAME UNTO INC SAID OSCAR SPITZ AND WIFE, WAY SPITZ, THEIR HEIRS, SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE AT ANY AND ALL TIMES TO ENTER UPON SAID PUBLIC RIGHT OF WAY AND STREET FOR THE PURPOSE OF CONSTRUCTING APO rMA:NW NING THE IMPROVEMCNTS HEREINABOYE SET FORTH', AND IT t5 FURTHER UNDERSTOOD THAT THE FOREGOING EASEMENTS AND RIGHTS ARE GRANTED UPOFI THE FOLLOWING CONDITIONS: (A) IT IS UNDERSTOOD ROD ACRCED THAT THE EASEMENTS HE:M:BY GRANTED WAY RE REVOKED IN WHOLE ON N PART 13Y THC CITY OF CORPUS CHRISTI AT ANY TIME; SECOND PANTIES TO HAVE NOT LESS THAN NINETY JAYS Par 0R WRITTEN NOTICE OF SUCH REVOCATION. (a) THAT SECOND PARTIES WILL SAVE AND KEEP HARMLESS THE CITY OF CORPUS rHRIST1 FROM ANY AND ALL CLAIMS FOR LIAUII ITY BY REASON OF !WE IMPROVEMENTS, USE AND MAINTENANCE OF SAID PUBLIC RIGHT OF WAY AND STREET. (C) THAT THE USE OF SAID A @FA HERESY GRANTED SHALL IN NO WAY INTERFERE WITH THE OPERATION DY THE C TY or ANY UTILI1Y LI NCS OR THE MAINTENANCE THEREOF. (4 THAT THE RIGHTS HEREBY ;RANTED SHALL r +OT CE APPLICABLE TO, NOR BE C::CRCISE.D 1.1 OR ON THE PRESENTLY PAVED PORTIONS or OCEAN J"IYE OR ALTA PLAZA STREET. (E) THAT SCCON. f'I,T1ES SHALL NOT 5Y v1RTUC OF THIS •m SEEMENT ACQUIRE ANY PROPRIETARY PI:,HT5 OR DEL I CAT IV^:'_ It. :,AID Pu,,IC ^.IGHT OF NAY AND STREET; PROVIDED, FURTHE.r, HOI:EVCR, THAT m:0 E,ISTI »•; RIGHTS OR —327— INTERESTS 1t4,AND TO SAID PUBLIC RICHT or (:AY AND STREET OR THE USC THEREOF NOW OWNED OR HELD BY 'ECOHD PARTIES AS ABUTTING PROPERTY OWNERS ARE OR SHALL BE WAIVED, HCLINCHISYLD, DIMII s,r»1, TRANSFERRED CP OTHERWISE AFFECTED HEREBY. (F) THAT THIS ATFEEMC'r7 SHALL BE AND CONSTITUTE A COVENANT 1UNI4ING WITH THE LAND TO SAID LOT 1, MARKAMAY ESTATES. IN TESTIMONY 'WHEREOF, THE CITY of CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BC EXECUTED THIS THE DAT OF JULY, 1963. CITY OF CORPUS CHRISTI, TEXAS AT1Eo T: BY HERBERT W. %HITuEv CITY MANAGER CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY Of JULY, 1963: CITY - ATTORNEY THE STATE OF TEXAS. 1 COUNTY OF NUECES i BEFORE ME, THE UNDERSIGNED AUTHORITY, Dt: THIS DAT PERSONALLY APPEARED HERBERT w. WHITNEY, KNOWN TO HC TO DE THE CItn MANAGER OF TNC CITY OF CORPUS CHRISTI, Ti xAS, AND THE SAME PERSON WHO SIGNED FORE - GOINO INSTRUMENT, AND ACKNOWLEDGED TO HE THAT HC EXECUTED THE SAME AS THE ACT OF THE CITY OF CORPUS CHRISTI, TEXAS, AND A3 CITY MANASER THEREOF FOR THE PURPOSES ANOCONBIDERATION THEREIN EXPRESSED, GIVEN UNDER MY HAND AND SEAL Of OFFICE THIS THE DAY OF JULY, 1963. NOTARY PIIULIC IN AND FOR MUCCCS COUNTY, TExAS THE A.UOC: arnr.T AND EA5EMMC::T IS NCi:L:', ACuLpvC.: b. DSEA't 'PITZ AJU s:'FL, MA`- .. Tz, WHO ACR,'F TO KEEP "L';FORM THE FfhOIT100/5 IMPOSE') BY SAIn AA":T A:.T EASEMC': T, THAT THE` A r THE TCR.S OF `4i SAME. -328- LJU..J GY A.L GF as" DATED THIS OAY OF , 1963. OSCAR SPITZ MAY SPITZ THE STATE C3' TC>.,4 COUNTY OF NUECE': BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PER: APPEARED C%CAR SPITZ Anil MAY SPITZ, HIS WIFE, 00TH XNOWr: TO MC ' THE PERSONS WHOSE NAMES ARE SUOSCRIOEO TO THE FOREGOING IIISTRUMI AND ACXdOWLEODLD TO MC THAT THEY EACH EXECUTED INC SAME FOR THE POSES AND CONSIDERATIONS THEREIN EXPRESSED, AND THE SAID MAY SP1 THE WIFE OF SAID OSCAR SPITZ, HAYING BEEN EXAMINED DY MC PRIYIL' APART FROM HER HUSBAND, AUD HAVING THE SAME FULLY EXPLAIRED. TO I 'THE SAID MAY SPITZ, ACKNOWLEDGED SUCH INSTRUMENT TO BC HER ACT / AND SHE DECLARED THAT SHE HAD WILLINGLY SIONCD THE DAME FOR THE AND CON,IOCRAITO, THEREIN EXPRESSED, AND THAT SHE DID NOT WISH 17. GIVEN UN)LR NY HAND AND SEAL OF OFFICE, THIS THE OP , 1963. NOTARY PUBLIC IM /WO FOR NUCcES ,. TE XAS -329- THAT THE FOREGOING ORDINANCE WAS /p,E4 /9 FOR THE rig PASS D 0 IT5 SECOND READING ON THIS THE ( / DAY OF 19 (. 3 y BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE; JR. THAT THE FOREGOING ORDINA�EEI WAS READ FOR T.E S OND ME AND PASSED TO ITS THIRD READING ON THIS THE C/ I DAY OF , y "! r DY THE FOLLOWING VOTE: THAT THE FORE FINALLY ON THIS THE THE FOLLOWING VOTE: ATTES CITY SECR JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. I ORDINANCE AS, READ FOR THE THIR E AND PASSED DAY OF 19 (- y BY JAMES L. BARNARD (L. [ -C' JAMES H. YOUNG - /(4.. JACK R. BLACKMON /_ JOSE R. DELEON 1[ , l' M. P. MALDONADO / W. J. ROBERTS LCF's (' W. H. WALLACE, JR. W..• PASSED AND APPROVED, THIS ME / DAY of �� c ✓, `f y 19 (1 APPROVEC AS TO LEGAL /FORM THIS 1 DAY OF I ( 19 : P, THE 3'81)LOF CORPUS CHRISTI , rrXAS 26 AGENDA ITEM: Motion to adopt an ordinance setting a property tax rate of $0.563846 per $100 valuation. The ordinance prescribes the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2009 and for each succeeding Year thereafter until otherwise provided and ordained and such other years as the same may be applicable, and declaring an emergency. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8, 2009 ISSUE: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a property tax rate before the later of September 301h or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service ($0.199175) and the rate needed to support the city's maintenance and operations expenditures ($0.364671) for FY 2009 - 2010. The proposed tax rate exceeds the effective tax rate of $0.554865 per $100 valuation. Section 26.05(b) of the Code provides that a motion to adopt an ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form, "I move that property tax rate be increased by the adoption of a tax rate of $0.563846 per $100 valuation, which is effectively a 1.62 percent increase in the tax rate." Additionally, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of the month, at which time it will be presented for City Council approval. REQUIRED COUNCIL ACTION: Adoption of property tax rate by ordinance as submitted. PREVIOUS COUNCIL ACTION: July 21, 2009 — City Council voted to schedule September 8, 2009 for adoption of the property tax rate of $0.563846 per $100 valuation and voted to schedule two public hearings on the proposed property tax rate for August 18, 2009 and August 25, 2009. July 28, 2009 — City Council adopted the City budget for fiscal year 2009 -2010 based on the proposed property tax rate of $0.563846 per $100 valuation. August 18, 2009 — City Council held a public hearing to enable taxpayers to express their views on the proposed property tax increase. August 25, 2009 — City Council conducted a second public hearing on the proposed property tax revenue increase. —333— FUTURE COUNCIL ACTION: September 29, 2009 or October 13, 2009 — City Council to approve the 2009 Tax Levy based on the adopted tax rate of $0.563846 per $100 valuation. (Date subject to receipt from Nueces County Tax Office.) CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the property tax rate of $0.563846 per $100 valuation for tax year 2009 to support maintenance and operations and debt service by making a motion that property taxes be increased by the adoption of a tax rate of $0.563846 per $100 valuation, which is effectively a 1.62 percent increase in the tax rate. <s 1 ......LO Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachments: Background information 2009 Property Tax Rates publication printed in the Caller -Times on Sunday, August 2, 2009 —334— BACKGROUND INFORMATION The FY2009 -2010 budget approved by City Council on July 29, 2009 included a proposed property tax rate of $0.563846 per $100 valuation, allocated between the General Fund (M &O) and the Debt Service Fund (I &S) at $0.364671 and $0 199175 per $100 valuation, respectively. Although the property tax rate of $0.563846 per $100 valuation does not exceed the rollback rate of $0.581837, it does exceed the effective tax rate of $0.554865 which triggered the required two public hearings. In compliance with the financial policies adopted by the City Council on May 19, 2009, the FY2009- 2010 budget was prepared with the assumption that the City will adopt a property tax rate necessary to provide that the General Fund operating revenues equal or exceed the current budgeted expenditures. The sum of the M &O rate of $0.364671 per $100 valuation and the I &S rate of $0.199175 per $100 valuation makes up the proposed FY2009 -10 property tax rate of $0.563846 per $100 valuation. —335-- Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 2, 2009 209 Property Tat Rates he CUy of Corps Chhti This notice commas 2009 Properly cox rap for City of Caps Christi. It animas s p[omWion about twee tax rites. Last yew's tax rote is the actual reset the taahg unit wed to damning property taxes ha year. This yew's offiet(ve tax not would irq Me the same toad taxes as last year if you compare properties toad in both years This yeses sailboat tan rate is the highest ter rattle taxing unit an sot befem teq yas an start tax rollback procedure..: In each am these rate are found by dividing the total amount of taxes by the tax base . Oho total value of bumble property) with S hebat as required by state -law. The rate are given per 5100 of property value. Let net tea rote l.sn yew's operating taxes 546921433 LOW ,s debtuxes 525,629,167 Lin yeses total taxes 512.553.10D LSyaaes nix bas 512,167,662,447 Layer's toad tar rate 036314616100 Tile yenta tee 911 rase: Lary/to mijuardimtes 570.512,352 (Idler subtracting rotes on lam property) + This yeses adjusted tax base 512,720.630,$13 (afore subtitling value of new property) = This yew's effective tax rite 0.554565 /5100 (Afmdmam raft mden anis publishes notices and holds hearings.) The yeses relMek tax rate Leitrim's adjusted operating taxes (after S45.071,4 iS sublimating totes on loo poperty and agitating for any transferred function, tax inaenrem fnancing stale criminal justice mandate, wake enhanced indigent health cam expenditures) .r This yeses adjusted tax base 512.726630,113 = This yew's affective operating rote 0.35431715100 x =1W rat's maximum operating rate 0.382662 3100 +This yeses deli rate 0.1991753100 = This yeats total rollback rate 0.581837 3100 Statement of tacraWDarase If City of Corpus Christi adopts a 2009 tax rate equal to the effective tax rate of 50354865 per 5100 of value, taxes would decrease competed to 200* taxes by 5221,921. Schedule A - Uueacumbered Fund Balances The following estimated balances will be left in the wits property tax accounts at the end of the fiscal yew. These balances are not encumbered by a coneapanding dent obligation. Type of Property Tan Fund funeral Fund Debt Service Fund -336- 524.403,485 59114.110 Schedule B - 2009 Debt Service The unit plans to pay the following amounts for long -term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Description of Debt 1996 Certificates of Obligation 2000 Certificates of Obligation 2001 General Obligation 2001A General Obligation. 2002 Certificates of Obligation 2002 Start lnfnnucture Note 2003 General Obligation 2004 Certificates of Obligation 2004 General Obligation 2005 General Obligation 2005 Certificates of Obligation 2006 Certificates of Obiligation Principal or Interest to be CoabactPayment Paid from to be Paid from Properly Properly Tatter Tam 5250,000 512,875 Other Anemia Total robe Paid Payment 5557 5263,432 5680,000 566,978 5775 5747,753 53,210,000 51,089,631 50 54,299,631 5398 5139,398 51,285,000 51,206,773 51,100 52,492,873 51,250,000 $56,250 50 51,306,250 5905,000 5115,875 5800 51,021,675 5275,000 5254,821 51,350 5531,171 51,565,000 5169,500 $750 51,735,250 52,330,000 53,966,763 5750 56,297,513 5270,000 5637,979 51,450 $909,429 5365,000 5840,944 51,450 51,207,394 5120,000 519,000 2007 Certificates of 50 Obligation 2007 General Obligation 2007A General 51,150,000 51,303,013 5750 52,453,763 Obligation 2008 Tax Notes 5965,000 5220,352 2008 Certificates of 5220,000 5588,800 Obligation 2009 General 53,910,000 53,356,282 Obligation 2009 Certificates of 5735,000 5217,113 Obligation Total Required for 2009 Debt Service 533,883,760 - Amount (if any) paid from funds listed in Schedule A 5398,335 - Amount (if any) paid from other resources 58,302,455 - Exceas collections last year S0 Total to be paid from taxes in 2009 525,182,970 + Amount added in anticipation that the unit will 5778,855 collect only 97,00% of its taxes in 2009 = Total Debt Levy 525,961,825 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 901 Leopard, Suite 301, Corpus Christi, Texas 78401. Name of person preparing this notice: Ramiro "R" Canales, CTA Title: Nueces County Tax Assessor - Collector Date Prepared: July 25, 2009 5100,873 5859 5101,732 SO 5159,938 52,508 5162,446 5376 51,185,728 5376 5809,176 5376 57,266,658 5376 5952,489 -337- AN ORDINANCE SETTING A PROPERTY TAX RATE OF $0.563846 PER $100 VALUATION; PRESCRIBING THE PROPERTY TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2009 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2009 as follows: $0.364671 for the purpose of maintenance and operation 0.199175 for payment of principal and interest on debt $0.563846 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.92 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $10.35. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2009 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.364671 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2009 and for each succeeding tax year thereafter, until otherwise H: \LEG- DIR \Lisa\2009 Ordinance\Ord -Ad Valorem Tax Rate 2009v3.doc —338— provided and ordained, an annual ad valorem tax of $0.199175 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2009 -2010 H: \LEG- DIR \Lisa\2009 Ordinance \Ord -Ad Valorem Tax Rate 2009v3.doc -339- Principal Interest & Fees Total 1996 Certificates of Obligation $250,000 $13,432 $263,432 2000 Certificates of Obligation $680,000 $67,753 $747,753 2001 General Obligation $3,210,000 $1,089,631 $4,299,631 2001A General Obligation $120,000 $19,398 $139,398 2002 Certificates of Obligation $1,285,000 $1,207,873 $2,492,873 2002 State Infrastructure Notes $1,250,000 $56,250 $1,306,250 2003 General Obligation $905,000 $116,675 $1,021,675 2004 Certificates of Obligation $275,000 $256,171 $531,171 2004 General Obligation $1,565,000 $170,250 $1,735,250 2005 General Obligation $2,330,000 $3,967,513 $6,297,513 2005 Certificates of Obligation $270,000 $639,429 $909,429 2006 Certificates of Obligation $365,000 $842,394 $1,207,394 2007 Certificates of Obligation - $101,732 $101,732 2007 General Obligation $162,445 $162,445 H: \LEG- DIR \Lisa\2009 Ordinance \Ord -Ad Valorem Tax Rate 2009v3.doc -339- 2007A General Obligation $1,150,000 $1,303,763 $2,453,763 2008 Tax Notes $965,000 $220,728 $1,185,728 2008 Certificates of Obligation 220,000 589,176 809,176 2009 General Obligation 3,910,000 3,356,658 7,266,658 2009 Certificates of Obligation 735,000 217,489 952,489 Total required for 2009 debt service $19,485,000 $14,398,760 $33,883,760 Less: Amount paid from unencumbered fund balance 398,335 Less: Transfers for self- supporting debt 8,302,455 Total to be paid from taxes in 2009 $25,182,970 In addition to the ad valorem tax levy totaling $74,318,208, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2009 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2010, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon H: \LEG- DIR \Lisa\2009 Ordinance \Ord -Ad Valorem Tax Rate 2009v3.doc —340— ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 81h day of September 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 2, 2009 Lisa Agu Assistance' ity Attorney for City Attorney Joe Adame Mayor H: \LEG- DIR \Lisa\2009 Ordinance \Ord -Ad Valorem Tax Rate 2009v3.doc —341— 27 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 8, 2009 A. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $1,393,181 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 TO FUND THE HOMELESS PREVENTION AND RAPID RE- HOUSING PROGRAM AND TO EXECUTE RELATED SUBRECIPIENT AGREEMENTS WITH CATHOLIC CHARITIES FOR $357,841, CORPUS CHRISTI METRO MINISTRIES FOR $357,840, COASTAL BEND CENTER FOR INDEPENDENT LIVING FOR $250,000, AND THE SALVATION ARMY FOR $357,841 TO PROVIDE HOMELESSNESS PREVENTION ASSISTANCE, SERVICES, AND ACTIVITIES. HPRP FUNDING (1) Catholic Charities of Corpus Christi, Inc. - $357,841 for funding to provide financial assistance, housing relocation and stabilization services and data collection. Facility is located at 1322 Commanche. (2) Corpus Christi Metro Ministries - $357,840 for funding to provide financial assistance, housing relocation and stabilization services, housing search and placement, legal services and data collection. Facility is located at 1919 Leopard Street. (3) Coastal Bend Center for Independent Living - $250,000 for funding to provide financial assistance, housing relocation and stabilization services, housing search and placement and data collection. Facility is located at 1537 7in Street. (4) The Salvation Army, a Georgia Corporation - $357,841 for funding to provide financial assistance, housing relocation and stabilization services and data collection. Facility is located at 513 Josephine Street. 5) City of Corpus Christi - $69,659 for grant administration which equates to 5% of the Homeless Prevention and Rapid Re- Housing Program. B. ORDINANCE APPROPRIATING A GRANT OF $1,393,181 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE HOMELESS PREVENTION AND RAPID RE- HOUSING PROGRAM IN THE NO. 1059 GRANTS FUND TO PROVIDE HOMELESSNESS PREVENTION ASSISTANCE, SERVICES, AND ACTIVITIES; AND DECLARING AN EMERGENCY. —345— ISSUE: City staff is recommending fund allocations and appropriations in the amount of $1,393,181 to four (4) Subrecipient's for the Homeless Prevention and Rapid Re- Housing Program (HPRP), which requires City Council approval. These funds were received from the U.S. Department of Housing and Urban Development. REQUIRED COUNCIL ACTION: Authorize the City Manager or designee to execute HPRP agreements with Catholic Charities of Corpus Christi, Inc., Corpus Christi Metro Ministries, Coastal Bend Center for Independent Living and The Salvation Army, a Georgia Corporation. Council action is also need to appropriate $1,393,181 for the Homeless Prevention Rapid Re- Housing Program (HPRP) project/activities. PREVIOUS COUNCIL ACTION: On April 21, 2009, City Council amended the FY2008 Consolidated Annual Action Plan to add $1,393,181 in HPRP funds. FUNDING: HPRP in the amount of $1,393,181 funding from the U.S. Department of Housing and Urban Development through the American Recovery and Reinvestment Act of 2009 RECOMMENDATION: Authorize the City Manager or designee to execute HPRP agreements with Catholic Charities of Corpus Christi, Inc., Corpus Christi Metro Ministries, Coastal Bend Center for Independent Living and The Salvation Army, a Georgia Corporation. Also, accept and appropriate $1,393,181 for HPRP project/activities. I)9W0 SQL Margie C. Rose Assistant City Manager/Interim Neighborhood Services Director MargieR(cr�cctexas.com 361.826.3232 ADDITIONAL SUPPORT MATERIAL Background Information —346— BACKGROUND INFORMATION As a result of the current economic recession, Congress signed into law the American Recovery and Reinvestment Plan on February 17, 2009, a nearly $800 billion stimulus package that provides $1.5 billion for Homeless Prevention and Re- housing. The U.S. Department of Housing and Urban Development (HUD) was designated by Congress as the administering agency of these prevention funds. The funds were distributed to local and state government entities using current Emergency Shelter Grants (ESG) funding formula. These prevention funds can be used for homeless prevention and re- housing activities. Based on the homeless prevention fund formula allocation, the City of Corpus Christi will receive $1,393,181 in federal funds. Local governments can sub -grant the funding or administer the program itself or choose a combination of the two. Sub - grantees are required to expend at least 60% of funds within two (2) years of the date that funds become available to them, and 100% within three (3) years of such date. The City of Corpus Christi, throughout the implementation of the action plan, will continue to pursue its goal to coordinate and foster strategic partnerships with governmental and community - based agencies to leverage resources essential to strengthening families, developing human capital and sustaining a community safety net. The City sought proposals from qualified applicants, whose main focus is on housing for the homeless and at -risk households by providing temporary financial assistance, housing relocation and stabilization services. The target populations are persons facing housing instability and individuals and families who are experiencing homelessness. Homeless Prevention funds are not eligible to pay for any mortgage costs, legal or other fees associated with retaining homeowner's housing. REQUEST FOR PROPOSAL (RFP) PROCESS May 18, 2009 - Staff released a RFP for funds provided by the HPRP June 5, 2009 - RFP was due back to Community Development Staff reviewed the four proposed RFP's (see Table 1 for the proposed budgets). Based on the available funding, Staff asked each proposed sub - grantee to modify their budgets to reflect the recommended amounts (see Table 2). —347— Table 1 Proposed Budgets as Submitted Category/Agency Catholic Charities Corpus Christi Metro Ministries The Salvation Army Coastal Bend Center for Independent Living Financial Assistance $1,019,185 $285,000 $467,100 $202,200 Housing Relocation and Stabilization Services $119,633 $215,000 $172,500 $23,400 Housing Search and Placement $57,500 $23,400 Credit Repair 0 0 0 0 Legal Services 0 0 0 0 Data Collection $115,045 $8,000 $1,500 $1,000 Total Requested $1,253,863 $577,000 $650,100 $250,000 Table 2 Recommended Budgets as Revised CategorylAgency Catholic Charities Corpus Christi Metro Ministries The Salvation Army Coastal Bend Center for Independent Living Financial Assistance $247,841 $176,800 $252,920 $191,263 Housing Relocation and Stabilization Services $75,000 $133,300 $103,500 $28,620 Housing Search and Placement $35,650 $28,617 Credit Repair Legal Services $7,130 Data Collection $35,000 $4,960 $1,331 $1,500 Staff Recommendation $357,841 $357,840 $357,841 $250,000 The City of Corpus Christi will receive 5% of the grant allocation for the grant administration which equates to $69,659. Funds to support the proposed activity are being provided through HUD's Homeless Prevention Rapid Re- Housing Program (HPRP) using the current ESG funding formula that requires a 100% dollar match on all funding; however, the HPRP does not require the match funding. All respondents awarded contracts as a result of this RFP must fully comply with all applicable federal, state, and local laws, rules, regulations and policies that are applicable to HUD. -348- PROGRAM INTENT Services to individuals and families who are homeless or would be homeless can seek this assistance, Four Categories of Assistance: - Financial Assistance - Housing Relocation and Stabilization Services - Data Collection and Evaluation - Administrative Costs 1) Financial Assistance • Short term rental assistance equivalent to 3 months • Long term rental assistance equivalent (4 -18 months) • Security deposits • Utility deposits, • Utility payments (a total of 18 months including payments in arrears) • Moving cost assistance • Motel and hotel vouchers - up to 30 days (Only if NO appropriate shelter beds are available and subsequent housing has been identified but is not immediately available for move -in by program participants) 2) Housing Relocation and Stabilization Services Case Management • Counseling • Developing, securing and coordinating services; • Monitoring and evaluating program participant progress; • Assuring that program participants' rights are protected and • Developing an individualized housing and service plan (including a path to permanent housing stability following financial assistance • Eligibility must be certified at least once every 3 months • Determine rental subsidy (100% of rent or graduated declining subsidy) Housing Search and Placement • Assist individuals or families in locating, obtaining and retaining suitable housing • Tenant counseling; • Assisting individuals and families to understand leases; • Securing utilities; • Making moving arrangements; • Representative payee services concerning rent and utilities; • Mediation and outreach to property owners related to locating or retaining housing -349- Legal services • Help people stay in their homes • Assist program participants with legal advice or representation in administrative proceedings related to tenant/landlord matters or housing issues. • Legal services related to mortgages are not eligible. Credit Repair (Assist program participants with critical skills related to): • Household budgeting • Money management • Accessing free personal credit report • Resolving personal credit issues 3) Data Collection — must be conducted through the use of Homeless Management Information Systems (HMIS) 4) Administrative Costs - Fiscal Agent (City of Corpus Christi) - an agency to handle the funding disbursement to contractors PURPOSE The purpose of the HPRP is to provide homeless prevention assistance to households who would otherwise become homeless (consider the impact of the current economic crisis) and to rapidly re -house individuals and families who are currently homeless as defined by section 103 of the McKinney -Vento Homeless Assistance Act (42U.S.C. 11302). City of Corpus Christi should consider serving to eligible populations: • Persons who are still housed but at risk of becoming homeless, and • Persons who are already homeless Participant(s) must have at least an initial consultation with a case manager who can determine the type of assistance needed to meet their needs. Households must be at or below 50% of Area Median Income. Households must be either homeless or at risk of losing its housing and meet both of the following circumstances: • No appropriate subsequent housing options have been identified, and The household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. ACTIVITIES INELIGIBLE FOR CONSIDERATION A. OTHER RECOVERY ACT COVERED PROGRAMS: All other activities covered under Recovery Act funds other than HPRP including Child Care and Employment Training. Mortgage Costs are ineligible, including fees, taxes, or other costs of refinancing a mortgage to make it affordable (or legal fees related to the above). —350— B. OTHER COSTS: Construction rehabilitation; credit card bills; consumer debt; car repair or other transportation costs; travel costs; food; medical or dental care and medicines; clothing and grooming; home furnishings; pet care; entertainments activities; work or education related materials; and cash assistance to program participants directly. C. DISCHARGE PLANNING: Development of discharge planning programs in mainstream institutions such as hospitals, jails or prisons. D. DIRECT PAYMENT TO PARTICIPANTS: All support provided to program participants must go directly to third party providers like landlords or utility companies. E. AN ASSISTED PROPERTY MAY NOT BE OWNED BY THE GRANTEE, SUBGRANTEE OR THE PARENT, SUBSIDIARY OR AFFILIATED ORGANIZATION OF THE SUBGRANTEE. —351— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $1,393,181 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 TO FUND THE HOMELESS PREVENTION AND RAPID RE- HOUSING PROGRAM AND TO EXECUTE RELATED SUBRECIPIENT AGREEMENTS WITH CATHOLIC CHARITIES FOR $357,841, CORPUS CHRISTI METRO MINISTRIES FOR $357,840, COASTAL BEND CENTER FOR INDEPENDENT LUNG FOFL $250,000, AND THE SALVATION ARMY FOR $357,841 TO PROVIDE HOMELESSNESS PREVENTION ASSISTANCE, SERVICES, AND ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is ; >:urtlherized to accept a grant, in the amount of $1,393,181., from the U. S. Department of Housing and Urban Development under the American Recovery and Reinvestment Act of 2009 to fund the Homeless Pre- vention and Rapid Re- Hor.sir.g Program md to execute related subrecipient agree- ments with Catholic Charities for $357.841, Corpus Christi Metro Ministries for $357,840, Coastal Bend Center for Inclep =rodent fc -■ $250,000, and the Salvation Army for $357,841 to provide homelessness prevention assistance, services, and activities. ATTEST: Armando Chapa City Secretary APPROVED: August 31, 2009 Elizabeth R. Hundley Assistant City Attorney for the City Attorney EHres238.doc —352— C",TY OF CORPUS CHRISTI Joe Aflame Mayor Corpus Christi, Texas day of , 2009 The above resolution was passed by the fo lowing vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres238.doc —353— AN ORDINANCE APPROPRIATING A GRANT OF $1,393,181 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE HOMELESS PREVENTION AND RAPID RE- HOUSING PROGRAM IN THE NO. 1059 GRANTS FUND TO PROVIDE HOMELESSNESS PREVENTION ASSISTANCE, SERVICES, AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant, in the amount of $1,393,181, which was received from the U.S. Department of Housing and Urban Development under the American Recovery and Re- investment Act of 2009, is appropriated in the No. 1059 Grants Fund for the Homeless Prevention and Rapid Re- housing Program to provide homelessness prevention assis- tance, services, and activities. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 17, 2009 Elizateth R. Hundle Ass stant City Attorney for the City Attorney EHord265.doc —354— Joe Adame Mayor Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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, Council Members Joe Adame Mayor 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 EHord265.doc —355— 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 8 2009 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute an amendment to lease agreement with the Buccaneer Commission, Inc, ( "Commission ") for 2009 Buccaneer Days Festival and related activities, to reduce amount of costs paid by the Commission for City services to $17,150.00; and declaring an emergency. ISSUE: The Buccaneer Commission is requesting that the City of Corpus Christi waive approximately $32,000 in fees and reimbursements expected to be charged to the Buccaneer Commission as a result of the 2009 Buccaneer Days Festival April 23 -May 3, 2009. The fees and reimbursements are from services rendered by the Departments of Police, Solid Waste, Storm Water /Streets and Parks and Recreation. The reason for the request for waiver of fees is due to the Swine Flu scare, construction of the Phase 1 Bayfront Redevelopment project and steady winds of 25 to 40 miles per hour every night during the event. REQUIRED COUNCIL ACTION: Council action is required to request to waive fees. PREVIOUS COUNCIL ACTION: April 2009 Council approved a lease agreement with the Buccaneer Commission for the Buc Days event. CONCLUSION AND RECOMMENDATION: Staff recommends that the City waive $17,150 of the estimated $34,300 as listed in the Agreement. Attachments —359— Acuitid C `kew Margie C. Rose Assistant City Manager ma rgier{@cctexas.com 361.826.3232 BACKGROUND INFORMATION In April, 2009 Council approved an Agreement with the Buccaneer Commission for the 2009 Buccaneer Days Festival and related activities to allow the use of different downtown streets and lots. This approval also included the Buccaneer Commission paying 50% for Police overtime and 100% of all other City costs and fees. Enclosed is a letter from Mr. Barry Box, President and CEO of the Buccaneer Commission requesting the City to waive approximately $32,000 in fees and reimbursements expected to be charged to the Buccaneer Commission as a result of the 2009 Buccaneer Days Festival April 23 - May 3, 2009. Staff recommends the reduction in some fees due to the swine flu scare that occurred during that time period. However, since revenues were budgeted for the Buc Days event, some of the costs incurred should be reimbursed for services rendered. The estimated expenses in the Agreement were $34,300, of which Staff is recommending one -half of the amount be waived and the Buccaneer Commission pay the balance of $17,150. The actual expense for this event, per the agreement, was $49,170.60. —360— P.O. Box 30404, Corpus Christi, TX 78463 -0404, 361- 882 -3242, www.bucdays.com July 2, 2009 Ms. Margie Rose Assistant City Manager City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Dear Margie: Following my recent discussion with Angel Escobar, this letter is to officially request that the City of Corpus Christi waive approximately $32,000 in fees and reimbursements expected to be charged to the Buccaneer Commission as a result of the 2009 Buccaneer Days festival April 23 - May 3; 2009 and an additional $4,738.25 in disputed charges from SMG as detailed in attachments to this letter. This year proved to be a financially challenging year for Buc Days due to several factors. The Swine Flu scare that broke during our first festival week and came to a crescendo on our all important final week end of the event was the most significant challenge. With public school closings and media coverage and speculation, an overwhelming majority of our patrons chose not to visit Buc Days during those crucial last few days for fear of contracting the Swine Flu. Construction of the Phase I Bayfront Redevelopment project was well underway and necessitated major alterations in our site plan. The result of this was reduced parking availability and a higher than ever public perception of congestion in the downtown area. And, weather reared its ugly head again for the second year with steady winds in the 25 MPH range gusting to over 40 MPH almost every night of the event. The winds were so strong on our two weekends that the Fireworks had to be cancelled both weekends. As a result of the Swine Flue, all public school band units cancelled two days before the Illuminated Night Parade on May 2, 2009 resulting in a Toss of ticket sales in the Pre Parade Stadium show of approximately $27,000. 1951 JUL 0 7 2009 jill —361— Our carnival gate admissions were off around $45,000 in that last weekend and our carnival ride and concession revenues were off around $97,000 over the same period last year (which was not one of our better years for the carnival). In making this request, I would ask you to consider the following: 1. The Buccaneer Commission has never come to the city asking for debt forgiveness as a result of a difficult financial year. We have encountered obstacles in the past and were able to work our way through them without outside assistance. Other festivals have asked and received debt forgiveness around bad weather events by the City of Corpus Christi. 2. The Buccaneer Commission has been producing Buc Days for 71 years. Most of this has been in partnership with the City of Corpus Christi who is and has been the direct revenue benefactor of the sales taxes and bed taxes generated by Buc Days. Although the Buc Commission derives no direct financial benefit from either of these revenue sources to the city, we proudly continue the annual Buc Days events and our annual commitment to support the Mayor's Big Bang July 4 parade and fireworks show at no cost to the City. 3. Proceeds from Buc Days stay right here in the community. In addition to using local suppliers when practical which generates local economic impact, net proceeds from Buc Days goes back into the community through scholarships for local youth. In 2008, we awarded $70,000 in scholarships. This year we committed to awarding over $60,000 to this cause and, despite having to go to our financial reserves to do so, will fully fund these commitments for 2009. Margie, on behalf of our board of directors, please accept my appreciation for reviewing this request and be assured that a favorable response will greatly assist us as we move forward in planning Buc Days 2010. Thank you for your time and consideration. Sincerely, Barry E. ¢ ox Presiden & CEO —362— ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ( "COMMISSION ") FOR 2009 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES, TO REDUCE AMOUNT OF COSTS PAID BY THE COMMISSION FOR CITY SERVICES TO $17,150.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an amendment to the lease agreement with the Buccaneer Commission for 2009 Buccaneer Days Festival and related activities. The amendment will provide for reduction in the amount of costs paid by the Buccaneer Commission for City services. The Commission will pay the City the amount of $17,150.00 for City services provided for the 2009 Buc Days events. A copy of the amendment is attached and will be filed with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 2, 2009 By: e-c-- Lisa Aguilar, A stant City Attorney for City Attorney Joe Adame Mayor —363— AMENDMENT NO. 1 TO BUC DAYS SHORT TERM 2009 LEASE AGREEMENT This Amendment to the Buc Days Short Term Lease Agreement is made and entered into this day of _, 2009, by the City of Corpus Christi, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and the Buccaneer Commission, Inc. ( "Commission ");. Whereas, the parties previously entered into Agreement approved by City Council on April 14, 2009 under Ordinance No. 028110 regarding the 2009 Buc Days events ( "Event "); Whereas, the Agreement originally provided for the Commission to pay the City 100% of all non - police City costs, and 50% of police overtime costs provided for the Event; Whereas, the parties desire to amend the agreement to reduce the amount of costs paid by the Commission for the Buc Days 2009 event, due to unforeseen reduced attendance; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 7 of the Agreement is hereby revised as follows: "7. Payment of City Costs. of any disputed amount(s) will be governed by Section 27. For Buc Days 2009 _ event, the Commission will pay the City the sum of $17,150.00 as payment in full for all services provided by the City for the Event. The Commission will make this payment within 30 days of receipt of invoice from the City. calendar days after the Event. The invoice will provide an itemized breakdown of —364— hurricane or other w other activity that eliminates the Event or that reduces attendance at thc Event by more than 50% from the prior y or's attendance levels, the City Manager is delegated the authority to adjust the billing of City's, Direct Costs. • _ include, but are not limited to: at the cost of repair. Commiesion may repair damages within 3 days. by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (Thc Commiesion will be given the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off site traffic control, at applicable City rates for thc Police •. ..! : :• - for 100% of all non police City Direct Costs, 100% of all City health 4. Costs of additional directional cignage, barricades, and co City will provide an itemized bill of Direct Costs, if any, within 30 days after the 2) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. EXECUTED IN DUPLICATE ORIGINALS this day of , 2009, by the authorized representative of the parties. ATTEST: City of Corpus Christi, Texas Armando Chapa Angel R. Escobar City Secretary City Manager —365— APPROVED AS TO LEGAL FORM THIS DAY OF , 2009: Lisa Aguilar, Assistant City Attorney For the City Attorney The Buccaneer Commission, Inc. By: Name: Title: Date: -366- 29 ATTACHMENT UNDER SEPARATE COVER -369- 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: The Principal Story OUTSIDE PRESENTER(S): Name Title /Position Organization 1. K. Dawn Stubblefield Educational Consultant KEDT 2. 3. BACKGROUND: South Texas Public Broadcasting System, Inc is committed to educating, enlightening and inspiring all communities of South Texas. We are pleased to announce an upcoming broadcast of THE PRINCIPAL STORY. KEDT strongly supports our educational leaders in all schools. This compelling documentary portrays the challenges principals face in turning around low- performing public schools and raising student achievement. The film shows how these leaders keep their focus on improving teaching and learning amid the competing demands of managing their staffs, as well as the social and emotional issues surrounding their students and communities. It shows the heart, commitment and skill that are required for successfully leading and improving public schools. PowerPoint Supplemental Information —373— CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: The Principal Story OUTSIDE PRESENTER(S): Name Title /Position Organization 1. K. Dawn Stubblefield Educational Consultant KEDT 2. 3. BACKGROUND: South Texas Public Broadcasting System, Inc is committed to educating, enlightening and inspiring all communities of South Texas. We are pleased to announce an upcoming broadcast of THE PRINCIPAL STORY. KEDT strongly supports our educational leaders in all schools. This compelling documentary portrays the challenges principals face in turning around low- performing public schools and raising student achievement. The film shows how these leaders keep their focus on improving teaching and learning amid the competing demands of managing their staffs, as well as the social and emotional issues surrounding their students and communities. It shows the heart, commitment and skill that are required for successfully leading and improving public schools. PowerPoint Supplemental Information X -374- The Principal Story Corpus Christi City Council Meeting September 8, 2009 A compelling PBS documentary, THE PRINCIPAL STORY portrays the challenges principals face in turning around low- performing public schools and raising student achievement. This intimate, one -year journey is seen through the eyes of two dynamic principals: one in only her second year in the Chicago Public School System; and the other, a seven -year veteran in Springfield, IL. The film shows how these leaders keep their focus on improving teaching and learning amid the competing demands of managing their staffs, as well as the social and emotional issues surrounding their students and communities. The film's principals motivate teachers and students by using data to make better decisions, by offering professional development and training for struggling teachers, and by allocating resources to build a learning community within and beyond the school. THE PRINCIPAL STORY reveals the complex social and political connections among children, parents, teachers, principals and superintendents. Poignantly, it shows the heart, commitment and skill that are required for successfully leading and improving public schools in which more than 85 percent of students come from families living below the poverty - line. THE PRINCIPAL STORY will be broadcast September 15, 2009 @ 9:30 pm on KEDT -TV SOUTH TEXAS PUBLIC KEDT Q BROADCASTING KEDT e SYSTEM, INC. KVRT This project is part of THE PRINCIPLSTORY outreach campaign, which is made possible by a generous grant from The Wallace Foundation, a source of ideas for improving school leadership. Visit www. wallacefoundation .orq /principalstory. THE PRINCIPAL STORY is a national broadcast film and media outreach project, commissioned by The Wallace Foundation. Its purpose is to raise the visibility of leadership as a lever for school improvement, especially in our most challenging schools. ,Ii • NOMADIC PICTURES —375— Background Information on THE PRINCIPAL STORY Harvard Park Elementary School, Springfield, Ill. Kerry Purcell, Principal Harvard Park Elementary School is in a working class community in the central Illinois capital of Springfield. The community has a high number of families living in inadequate housing and a 50 percent mobility rate. A "mobility bus' brings students who have moved out of the community to Harvard Park to maintain continuity in their education. About 87 percent of students at Harvard Park are from low- income families. The school made Adequate Yearly Progress (AYP) in reading and mathematics on the Illinois Standards Achievement Test (ISAT) and was taken off the AYP Watch List in fall 2007. Kerry Purcell taught kindergarten for 12 years and served in various leadership capacities, was assistant principal for one year, principal for two years at a high - poverty elementary school, and Harvard Park's principal for six years. Henry H. Nash Elementary School, Chicago Tresa D. Dunbar, Ph.D., Principal Every student in this school in Chicago's blighted west side Austin neighborhood has qualified for free or reduced -price lunch. In the five years after the school's veteran principal retired in 2001, Nash was led by no fewer than six principals — a time of upheaval that led to low morale and disorder. After an extensive search, Tresa D. Dunbar, Ph.D., was chosen to lead Nash. Two new assistant principals were hired, and many staff members were dismissed. In the film, Arne Duncan, then -CEO of the Chicago Public Schools said, "I have a real sense of hope in [Tresa's] leadership and a sense that the school is going to go in the right direction, and it is." Tresa D. Dunbar served as assistant principal at Nash until 2001, when she left to pursue principal training. She served from December 2001 to July 2006 as a principal or assistant principal, inc uding nearly two years at Nash. Tresa, who holds a Ph.D. in curriculum development, also has extensive experience in designing and facilitating professional development experiences for teachers. Harvard Park Elementary School Springfield, HI. Grades: K -5 Enrollment: 387. Racial /ethnic mix: White: 46.3% Black: 42.9 % Multiracial: 8% Henry H. Nash Elementary School Chicago, 111. Enroliment`: 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: New Broadway Wastewater Treatment Plant City Council Project Update STAFF PRESENTER(S): Name Title /Position Department 1. Pete Anaya, P.E. Director Engineering Services 2. Foster Crowell Director Wastewater Services 3. OUTSIDE PRESENTER(S): Name Title /Position 1. Dan Leyendecker, P.E. President 2. 3. Organization LNV Engineering BACKGROUND: This presentation is to provide the City Council, and the public, with a regularly scheduled update of the current status for the new Broadway Wastewater Treatment Plant. The report will include the project's schedule, location, layout, elevations and impact on the neighborhood. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information X Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 peteancctexas.com H W OME \Rachelle \GEN\Waslewater\7293 -New Broadway PIan8Sept, 8, 2009 Prey ,yip8PresentationForm2009.doc 9 Z V C 0 ,O '> a--) (0 0 0 -0 O . ;) -0 C C CU U (0 C ra E -0 -0 'r .� 0 0 .r O co u C 'L c U) 0 U o- V f U L,.. z 0 a Elevations 4J 4J C 0 E E 0 0 0 O' J/3 cl- ID I 1 • r 4 La - til ti Li t • u 2 J a Lad E 0 N _ I L. .' 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YA i1� III ILE III fie 1 L o 0. a L 0 IHNN 0 0 Consideration N N N co co co a a co 9 Addressed Addressed Li Li Li Li Li Northside Siting 150 ft Setback Odor Control Fencing Package tIO ca o ,x co 0 rd a 0 V z 0 Imi H U)