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Agenda Packet City Council - 09/29/2009
moor w �� Reminder — On Tuesday, September 29, 2009 the North Padre Island Development Corporation Meeting will take place in Council Chambers at 10:00 a.m. and the Tax Increment Reinvestment Zone No. 2 Meeting will take place in Council Chambers at 10:45 a.m. 11:45 A.M. - Proclamation declaring Tuesday, October 6, 2009 as "National Night Out" Proclamation declaring the month of October 2009 as "National Domestic Violence Awareness Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 29, 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- espanol 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 Mr. Ceven C. Cullens, Business Manager, Real Life Fellowship 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 29, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of September 22, 2009. (Attachment # 1) F. EXECUTIVE SESSIONS: 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. 2. Executive session under Section 551.071, 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. 3. Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible action related thereto in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) 4. * Arts and Cultural Commission 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 29, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: 5. 6. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,291.82 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 10 with a City cash match of $19,578, in -kind match of $4,000 for a total project cost of $112,869.82 and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $89,291.82 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,578 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 5) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2009 -2010. (Attachment # 6) Agenda Regular Council Meeting September 29, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program. (Attachment # 6) c. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack — Child and Adult Care Food Program. (Attachment # 6) 7. Ordinance repealing Ordinance No. 027699 related to setting up a Storm Water Utility System. (Attachment # 7) 8. Ordinance authorizing the City Manager, or his designee to extend the lease with Landry's Seafood and Steakhouse - Corpus Christi, Inc. ( "Landry's) to operate a restaurant barge on People's Street T -Head to extend the term until December 31, 2009, with payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas in the amount of $83,000 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street. (Attachment # 9) 10. a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding City Council's Youth Advisory Committee. (Attachment # 10) b. Motion confirming the appointment of primary and alternate members to the City Council's Youth Advisory Committee, as recommended by area High School Principals. (Attachment # 10) Agenda Regular Council Meeting September 29, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Second Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. (First Reading — 09/22/09) (Attachment # 11) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Motion authorizing the City Manager or his designee to execute Change Order No. 11 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas, in an amount not to exceed $321,725.68 for a restated not to exceed contract amount of $15,228,511.94 for wind turbine modifications to achieve 120 MPH wind Toad rating, various modifications associated with the interactive water feature, minor kiosk/restroom building modifications, and miscellaneous other changes for the Bayfront Development Implementation Plan — Phase 1 Improvements. (Attachment # 12) 13. a. Ordinance appropriating $250,000 grant from the Department of Energy in the Fund No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. (Attachment # 13) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in the amount of $200,000 for a restated not to exceed fee of $250,000 to the Professional Services agreement with HDR Engineering of Corpus Christi, Texas for preparation of an Energy Efficiency Conservation Strategy and Community Sustainability Plan to satisfy Department of Energy requirements for the City of Corpus Christi to receive an Energy Efficiency Conservation Block Grant. (Attachment # 13) Agenda Regular Council Meeting September 29, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Ordinance approving the revised Project and Financing Plans for the Reinvestment Zone Number Two (No. 2), City of Corpus Christi, dated September 29, 2009, that were adopted by the Board of Directors of Reinvestment Zone No. 2, City of Corpus Christi, upon the recommendation of the Board of Directors of the North Padre Island Development Corporation. (Attachment # 14) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Commission on Children and Youth Quarterly Report (Attachment # 15) 16. Garwood Pipeline Project Update (Attachment # 16) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting September 29, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL. BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 ( p.m., on September 24, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. SEPTEMBER 29, 2009 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: I. CONSENT AGENDA 11.1. a. Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults with special emphasis on children two years of age or younger, and to execute all related documents; and ratifying acceptance of the grant agreement to begin September 1, 2009. b. Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at •~~ a.m./~m. September 25, 2009. r Armando Chapa City Secretary City Council Goals 2009 -2011 .111%14,vc&T„ O 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 22, 2009 - 12:00 p.m. 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 City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kevin Jennings, Mt. Olive Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 September 15, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as follows. Mayor Adame also announced that he and Council Member Chesney would not be attending the closed session or participating in the discussions related to Item No. 3. 2. Executive session under Section 551.072 of the Texas Election Code regarding Landry's Seafood and Steakhouse Corpus Christi, Inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. 3. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to the Memorial Coliseum with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * —1— Minutes - Regular Council Meeting September 22, 2009 - Page 2 Mayor Adame referred to Item 4 and the following board appointments were made: Water Resources Advisory Committee Jeff Edmonds (Residential Customer) — Reappointed Michael Cox (Large Commercial) — Reappointed Mark Stroop (Military Facility) — Reappointed Don Roach (Wholesale Raw/Treated Water) — New Appointment Council Member Larry Elizondo (Ex- officio Member) Council Member Mark Scott (Ex- officio Member) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 5 - 19). Council Members requested that Items 16 and 19 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5.a. Motion No. M2009 -262 Motion approving the lease /purchase of two (2) side loading refuse trucks and three (3) rear loading refuse trucks from Rush Truck Center of Texas, LP, of Houston, Texas in the amount of $1,314,566. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.b. Motion No. M2009 -263 Motion approving the lease /purchase of one (1) mini side loading refuse truck from Santex Truck Center, of San Antonio, Texas in the amount of $110,037. The award is based on the Cooperative Purchasing Agreement with Houston - Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease- purchase financing program. Grand Total: (a) & (b): $1,424,603 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes - Regular Council Meeting September 22, 2009 - Page 3 6. Motion No. 2009 -264 Motion approving the lease purchase of two (2) ambulances from Sar Antonio Ambulance Sales, Inc., of San Antonio, Texas for a total amount of $241,000. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the Fire Department. These units are replacements to the fleet. Financing will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7 Motion No. M2009 -265 Motion approving the lease purchase of one (1) 1500 GPM pumper fire truck from Siddons Fire Apparatus, of Manor, Texas for the total amount of $425,000. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). The unit is a replacement to the fleet. Financing for the pumper fire truck will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.a. Motion No. 2009 -266 Motion authorizing the City Manager or his designee to accept funding in the amount of $1,032 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. The foregoing motion was passed and approved with the following vote: -Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.b. Ordinance No. 028311 Ordinance appropriating $1,032 in the General Fund No. 1020 from a grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures in the General Fund No. 1020 by $1,032 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 ". —3— Minutes - Regular Council Meeting September 22, 2009 - Page 4 9.a. Motion No. M2009 -267 Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2009— 2010, Contract Period September 1, 2009 through August 31, 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez "Abstain ". 9.b. Ordinance No. 028312 Ordinance appropriating $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2009 -2010, contract period September 1, 2009- August 31, 2010. 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 "Abstain ". 10. Ordinance No. 028313 Ordinance appropriating $14,695 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department and the Coastal Bend Bays and Estuaries Program, Inc. for reimbursement of repairs to the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2008 -2009 Capital Budget adopted by Ordinance 028006 to increase appropriations by $14,965. 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 ". 11. First Reading Ordinance Authorizing the City Manager, or his designee, to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of an additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; and providing for publication. Minutes - Regular Council Meeting September 22. 2009 - Page 5 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney. Elizondo. Kieschnick; Leal, Marez. Martinez, and Scott, voting "Aye ". 12. Motion No. M2009 -268 Motion approving the purchase of Intergraph I /CAD and I /Mobile upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $94,181.77, including software, training and professional services, to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. Resolution No. 028314 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the Foy H. Moody Science and Health Center Business & Professional Academy's Criminal Justice Internship Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. Motion No. M2009 -269 Motion authorizing the City Manager, or his designee, to execute a construction contract with Pesado Construction of Schertz, Texas, in the amount of $375,650 for the Existing Broadway Plant Requirements for the total base bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15.a. Motion No. M2009 -270 Motion authorizing the City Manager, or his designee, to execute a contract with the Conrad Blucher Institute, Texas A &M University— Corpus Christi not to exceed $81,505 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 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 ". —5— Minutes - Regular Council Meeting September 22, 2009 - Page 6 15.b. Motion No. M2009 -271 Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $55,000 for Biological Monitoring associated with the Rincon Bayou Diversion Project 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 ". 15.c. Motion No. M2009 -272 Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $75,000 for biological monitoring services associated with the Rincon Bayou Diversion Project 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 ". 17. Motion No. M2009 -274 Motion authorizing the City Manager or his designee to execute a Street Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $19,710.21 for the City's portion of the cost for Sydney Street and Los Rancheros Drive for construction of pavement adjacent to a park. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye„ 18. First Reading Ordinance Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes - Regular Council Meeting September 22, 2009 - Page 7 Mayor Adame opened discussion on Item No. 16 regarding the Bridge Participation Agreement with Braselton Land Ventures, Inc. for the extension of Fred's Folly Drive. In response to a question by Council Member Martinez, Mr. Johnny Perales, Interim Assistant City Manager for Development Services stated that the fee structure they are currently operating under exist within the Platting Ordinance and deals primarily with the water and wastewater infrastructure. He added that street and bridge participation items are typically funded through the bond program and that the Bond 2008 program includes $2.4 million dollars. The city's participation for these items will be coming out of that line item. City Secretary Chapa polled the Council for their votes: 16.a. Motion No. M2009 -273 Motion authorizing the City Manager or his designee to execute a Bridge Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $45,905.82 for future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive of which the City will participate in an amount not to exceed $263,193.38. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo "Absent ". 16.b. Ordinance No. 028315 Ordinance accepting a payment in the amount of $45,905.82 from Braselton Land Ventures, Inc. of Corpus Christi, Texas and deposit the funds into an interest bearing account in the No. 4730 Infrastructure Fund for the developers share of future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo, "Absent ". Mayor Adame opened discussion on Item No. 19, regarding the abandoning and vacating a 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of Alta Plaza Drive. After discussion, a motion was made by Council Member Scott and seconded by Council Member Chesney to amend Section 2, Item 5 of the ordinance by removing the first sentence, and amend the second sentence to read as follows: Owner must trim existing hedges to where they will not be extending beyond the city right -of -way and be encroaching into the 5 -foot wide sidewalk. City Secretary Chapa polled the Council for their vote on the motion: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye ". Minutes - Regular Council Meeting September 22, 2009 - Page 8 19. Ordinance No. 028316 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. An emergency was declared and the foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809 -04, Guillermo A. (Willie) Esparza: A change of zoning from an "A -1" Apartment House District to a "B -1" Neighborhood Business District on property described as South Park, Block 2, generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber Road, at Anthony Street. City Secretary Chapa stated that the Planning Commission and staff recommend approval of the "B -1" Neighborhood District. Interim Assistant Director of Development Services Faryce Goode -Macon provided a brief overview of the subject property and change of zoning. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their vote as follows: 20. Ordinance No. 028317 Amending the Zoning Ordinance, upon application by Guillermo A. (Willie) Esparza, by changing the Zoning Map in reference to South Park, Block 2, Lot 2, from "A -1" Apartment House 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; and 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, Marez, and Martinez voting "Aye "; Scott "Absent ". Mr. Adame referred to Item No. 21 regarding Case No. 0809 -05, Double T &C Properties, Inc. and announced that there was a request to table until October 13, 2009. Minutes - Regular Council Meeting September 22, 2009 - Page 9 Mr. Chesney made a motion to postpone Item No. 21 until October 13, 2009. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez voting "Aye "; Scott "Absent ". 21. Postponed until October 13, 2009 Amending the Zoning Ordinance, upon application by Double T&C Properties, Inc. publication. * * * * * * * * ** Mayor Adame opened discussion on Item 22, regarding confirmation of the City Manager's appointment of Troy Riggs as Police Chief. Council members spoke in support of the selection process and the committee that was put together by Mr. Escobar. Mr. Escobar announced that a news conference is scheduled for Thursday, September 24, 2009 at 1:30 pm, City Hall — Council Chambers. A reception for the public to meet and greet the new Police Chief is scheduled for Thursday, September 24, 2009, 5:30 pm to 7:00 pm, in the Selena Auditorium Rotunda Room at the American Bank Center. City Secretary Chapa polled the Council for their votes as follows: 22. Motion No. M2009 -275 Motion confirming the City Manager's appointment of Troy Riggs as Police Chief. 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 No. 23, regarding a construction contract with Bay, Ltd. for the Street Overlays Group 1. Mr. Pete Anaya, Director of Engineering Services provided an overview of the project. He further explained that Group 1 consist of seven streets and Group 2 consist of six streets and will be ADA compliant. The duration of the project for Group 1 is 300 calendar days, and 180 calendar days for Group 2. In response to a question from Council Member Elizondo, Mr. Anaya stated that the project will include an underseal coat, with a two inch hot mix asphalt overlay. Minutes - Regular Council Meeting September 22, 2009 - Page 10 Mayor Adame called for comments from the audience. Abel Alonzo thanked City Manager Angel R. Escobar, Pete Anaya, Director of Engineering Services, and Leon Bazar, Director of Human Relations for working together on these type of projects. City Secretary Chapa polled the Council for their votes as follows: 23.a. Motion No. M2009 -276 Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. (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 ". 23.b. Motion No. M2009 -277 Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. (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 opened discussion on Item No. 25, Presentation from the Complete Count Committee on the 2010 Census. Mr. Joel Yowell and Betty Jean Longoria, Co- Chairs provided an update on the 2010 Census; spoke about raising awareness and the importance of conducting an accurate count; program outreach; assistance on filling out the form; April 1, 2010 is the official "Census Count Day"; and program timeline. * * * * * * * * * * * ** Mayor Adame opened discussion on Item No. 24, regarding an amendment to the City Code of Ordinance. John Moseley, Acting Chief of Police provided an overview on this amendment. He added that this amendment is restrictive to the Police department in performing a police function will be allowed to drive a golf cart on city streets. It would also allow parking meter control back into the golf carts so that they can enforce parking violations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 22, 2009 - Page 11 24. Ordinance No. 028318 Ordinance amending the Code of Ordinances Chapter 53, Article V. Operation of Vehicles, Division 1, by adding Section 53 -109 Operation of Golf Cart; Affirmative defense, Culpable mental state not required; providing for penalties; 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, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * ** Mayor Adame referred to Item No. 26. Mr. Leon Bazar, Director of Human Relations provided an overview of the ADA Title II Transition Plan and Non - discrimination ordinance including employment and fair housing; background and responsibility of the department; accessibility improvements in public facilities, planned activities and programs; public curb ramps under the transition plan a priority under the Act; outreach and training; future ADA projects and activities including the development of local ordinance regarding curb ramps requirements. * * * * * * * * ** Mayor Adame referred to City Manager's Comments. Mr. Escobar introduced the new Building Official Stephen Draper. Mr. Escobar announced that next Tuesday, September 29, 2009 a meeting of the North Padre Development Corporation (NPID) is planned for 10:00 am; and a meeting of the Tax Increment Reinvestment Zone No. 2 (TIRZ) is planned for 10:45 am. He added that the NPID meeting will include a presentation regarding the project and financing plans and that an action item will be placed on the regular city council on September 29, 2009 requesting approval of the project and financing plans for the Packery Channel TIF. The project plan includes the folbwing two segments: 1) six -pack improvements; 2 — construction of Zahn Road. Mr.Escobar discussed the scheduling of a workshop regarding Zero -Based Budgeting and the Fiscal Year change. Council asked Mr. Escobar to schedule a presentation item regarding the fiscal year change for October 13, 2009; and that the zero - based budgeting information be provided by memorandum. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Jerry Garcia, 3900 Gollihar spoke about funding for the Westside League and activities for children in the west side area; Joan Veith, 5701 Cain Drive, President of Corpus Christi Barrios Association invited the Council to their next meeting scheduled for October 5, 2009 at Acapulco Restaurant, located on Gollihar and Weber at 6:30 pm., regarding the recycling program. Minutes - Regular Council Meeting September 22, 2009 - Page 12 * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:30 p.m. on September 22, 2009. * * * * * * * * * * * * * 2 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 4 a. ARTS AND CULTURAL COMMISSION — Eight (8) vacancies with terms to 9 -1 -10 and 9 -1 -12 representing the following categories: 1 — Texas A &M -CC, 1 - Civic Leader, 1- Business Development, 1 - Dance, 1- Public Art /Public Space, 1- Education/Youth, 1- Economic Development/Tourism, and 1- Marketing. (Appointed by the Mayor subject to confirm ation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) Marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non -lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Ericha Kemm (Public Art / Public Space) 9 -01 -11 9 -09 -08 Joe Pena (Visual Art) 9 -01 -10 3 -11 -08 *Joseph B. Schenk (Texas A &M -CC) 9 -01 -09 3 -11 -08 Frank Trimble (Architecture) 9 -01 -11 10 -11 -05 ** *David Berlanga (Civic Leader) 9 -01 -10 10 -09 -07 Teresa Crayon (Marketing) 9 -01 -09 12 -09 -08 *Heidi Hovda (Business Development) 9 -01 -09 6 -12 -07 ** *Gloria T. Bilaye - Benibo (Dance) 9 -01 -10 12 -14 -04 Judith Prewitt, Ph.D. ( Education/Youth) 9 -01 -10 8 -24 -04 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -11 6 -12 -07 * * ** *Lynda Jones (Public Art/ Public Space), Chair 9 -01 -09 6 -17 -03 Amorette Garza (Del Max College) 9 -01 -11 9 -09 -08 * *Dr. Lari Young (Education/Youth) 9 -01 -09 9 -09 -08 Jo Anna Benavides - Franke (Drama) 9 -01 -10 7 -07 -09 ** *David Brian Watson (Economic Dev./Tourism) 9 -01 -10 7 -07 -09 Alene Burch (Music) 9 -01 -12 7 -07 -09 *Joye LaBarrett (Marketing) 9 -01 -09 5 -09 -06 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Arts and Cultural Commission is recommending the new appointments of Jilissa Cotten (Dance), Corinne Valadez (Education/Youth), Brian Honigbaum (Civic Leader), Barry L. Brown (Economic Development/Tourism) and Dianna Bluntzer- Dura (Public Space/Public Art). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Joseph B. Schenk (TAMU -CC) 9 Heidi Hovda(Bus.Dev) 9 Joye LaBarrett (Marketing) 9 NO. PRESENT 6(2exc) 7 8(lexc) OTHER INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Dianna Bluntzer -Dura Barry L. Brown % OF ATTENDANCE LAST TERM YEAR 67% 78% 89% Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: Church. (Education/Youth) (6- 18 -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. (Marketing, Economic Development/Tourism, Business, Civic Leader, and Public Art/Public Space) (9- 21-09) 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. (Civic Leader, Business Development, and Economic Development/Tourism) (8- 26-09) Angela Cantu Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (Marketing and Civic Leader) (4- 20 -09) Angelica Carmona 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. (Business Development) (6 -5 -09) Aaron Castro 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. (Civic Leader) (5- 11 -09) Christina Cisneros Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University - Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award. (Marketing and Education/Youth) (2- 23 -09) Jeremy Coleman Roy Len Cotham Jilissa Cotten Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (Business Development and Education/Youth) (1- 25 -09) Aviation Professional, American Eagle Airlines, Inc. Attended Del Mar College and Del Mar College Regional Police Academy. Activities include: Professional Musician and Operator of Small Recording Studio. Recipient of Civic Service Award (1984), Reserve Deputy of the Year - Nueces County Sheriff's Office (2002) and Meritorious Public Service Award- United States Coast Guard (2003). (Business Development and Civic Leader) (7- 14 -09) Self- Employed/Instructor at Texas A &M University- Corpus Christi. Received Bachelor of Arts from University of Texas at Austin and Master of Fine Arts from Sam Houston State University. Activities include: Corpus Christi Concert Ballet -Board Member, Harbor Playhouse, Bailando al aire libre- Dancin' in the Park, and Island Dance Demo. Recipient of Choreography and Outstanding Student Awards from Sam Houston State University. (Dance and Texas A &M -CC) (6- 25 -09) Sue Crowson Sherri Darveaux Jennifer Dragoo Melissa Espitia Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (Education/Youth) (4- 29 -09) Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. Currently serves on the Leadership Committee for Senior Services. (Education/Youth) (4 -21- 09) Executive Assistant, Nueces County Commissioner — Precinct One. Currently Attending College. Activities include: Tuloso- Midway Independent School District — Parent Volunteer, Nueces County Republican Women and Coastal Bend Council of Governments. (Education/Youth) (6 -5 -09) Ad Sales Coordinator, USDM.net. Attended Texas A &M- Corpus Christi University. Formerly Volunteered with Big Brothers, Big Sisters. (Marketing) (9 -4 -09) Robert Andrew Franklin Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (Business Development, Economic Development/Tourism, and Civic Leader) (7- 15 -09) Mike Garey Pablo Arturo Garza 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. (Business Development) (4- 22 -09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (Public Art/Public Space) (4- 10 -09) Patrick Geary Jeremy Gifford Timothy Goss Meredith N. Grant Betsy Kyle Herring Brian Honigbaum Sandra L. Jackson Owner, Fiesta Insurance Corporation. Attended University of Houston. Member of Chamber of Commerce. (Business Development) (5- 18 -09) Self Employed Business Owner /Professional Musician. Attended Del Mar College -Major in Voice/Music Performance). Certified Microsoft Professional- Windows Network Administrator /Engineer. Activities include: Sound Engineer, Live Music Producer, Recording Studio Owner, Independent Record Label Owner and Music Publisher. (Business Development) (4- 16 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (Business Development and Marketing) (4- 21 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (Civic Leader) (10- 14 -08) Assistant Administrator, Cardiology Associates of Corpus Christi. Received Bachelors in Business Administration from Sam Houston State University at Huntsville, Texas and Masters in Healthcare Administration from Texas State University at San Marcos, Texas. Activities include: Texas Medical Group Management Association, Medical Group Management Association, American Heart Association, Junior League of Corpus Christi, and Cotillion II. (Marketing) (7- 23 -09) Director of Regulatory Compliance, Sam Kane Beef Processors. Professional Ballet and Modern Dancer. Activities include: President of the Jewish Community Council Board of Directors and Director of Food Safety Teams. (Dance and Civic Leader) (7- 13 -09) Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree from Del Mar College. Currently Student at Texas A &M University - Corpus Christi. Activities include: NAACP, Blacks in Government, and Black Writers Association. (Business Development and Civic Leader) (5- 21 -09) Jacey Jetton Brad Kisner Randy Lara Mary Leyendecker Rudy Martinez Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (Business Development and Economic Development/Tourism) (5- 18 -09) Director of Music, First United Methodist Church. Received Bachelor of Music Education from Oklahoma State University and Master of Sacred Music from Southern Methodist University. Activities include: Adjunct Instructor of Music at Texas A &M University- Corpus Christi and Dean of Corpus Christi Chapter American Guild of Organists. Previously Served on Arts and Cultural Commission, Corpus Christi Symphony Orchestra and Other Professional Music Organizations. (Texas A &M -CC) (7- 10 -09) Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University in Kingsville and Southwest Texas State University at San Marcos, Texas. Activities include: Boy Scout Troop #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (Marketing) (12 -4 -08) Owner, Wow! The Smallest Gallery in Texas. Received BA in Communications from University of Houston. Activities include: Art Center, Downtown Art Walk, Festival of the Arts, Nueces County Historical Society — President, and Gulf Coast Indian Confederation. Member of Editorial/Advertising Staff of We the People Newsmagazine, Cracker Barrell Journal, San Angelo Standard - Times, Angleton Times, Brazosport Facts and KZTV -TV. Recipient of Toby Award from Corpus Christi Council of PTA. (Business Development, Marketing, and Economic Development/Tourism) (8- 26 -09) 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. (Civic Leader) (9 -2 -09) Monica Pena -Moore Donald E. Russell Cookie Silverman Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (Business Development and Economic Development/Tourism) (12- 1 -08) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (Business) (4- 16 -09) Homemaker. Attended Texas Tech University. Activities include: Alpha Child and Board of Directors — Jewish Community Center. (Civic Leader) (9 -2 -09) Sallie Spradlin Self - Employed, Piano and Voice Teacher. Substitute Teacher. Activities include: Beach Clean -Up Days, Member of the Corpus Christi Museum of Science and History, Parent/Reading Readiness Volunteer at Seashore Learning Center, Volunteer Grief Counselor, Pastoral Counselor, and Music Director /Stage Manager /Supervisor at Harbor Playhouse. (Education/Youth) (6- 26 -09) Britni Summers -Brown Sales and Marketing Coordinator, Cricket Communications. Received BA in Communications from Texas A &M University - Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. Recipient of Cricket Communications - Annual Leaps and Bounds Award Recognition. (Marketing and Economic Development/Tourism) (1- 12 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (Marketing) (8- 10 -09) Ernest M. Trevino, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (Civic Leader) (12- 26 -08) Corinne Valadez Assistant Professor, Texas A &M University - Corpus Christi. Received B.S. Interdisciplinary Studies from Corpus Christi State University, M.S. Curriculum and Instruction, Texas A &M Corpus Christi, and Ph.D. Curriculum from Texas A &M. Activities include: Faculty Advisor, Student Reading Council at Texas A &M University - Corpus Christi, Children's Book Festival, Corpus Christi Public Library, and American Association of Hispanics in Higher Education. (Texas A &M -CC and Education/Youth) (4- 16 -09) 5 CITY COUNCIL AGENDA MEMORANDUM Date: 09/22/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,291.82 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 10 with a City cash match of $19,578, in -kind match of $4,000 for a total project cost of $112,869.82 and to execute all related documents. B. Ordinance appropriating $89,291.82 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,578 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. ISSUE: Year 10 funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 12/16/2008. FUNDING: The State provides $89,291.82 and the City $23,578. The City is required to contribute at least a 20% grant match that may be in -kind or cash contribution. Volunteer hours provide $4,000 toward the match with the general fund providing $19,578 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. Attachments: Grant acceptance notice 41-4 61414,-- John W. Mosele Acting Chief of Police Johnwt cctexas.cum 886 -2603 BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and Tong -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Office located at the District and County Attorney's office, local coalitions and other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: VA- 09- V30- 15223 -10 Program Fund: VA- 16.575 Crime Victim Assistance Grantee Name: Corpus Christi, City of Project Title: Victims of Crime Act Grant Period: 09/01/2009 - 08/31/2010 Liquidation Date: 11/29/2010 Date Awarded: September 02, 20 CJD Grant Manager: Mary Hightower CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $89,291.82 $19,578.00 $4,000.00 $112,869.82 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title 1, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund - Specific Requirement(s): 1 ORDINANCE APPROPRIATING $89,291.82 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND, AND AUTHORIZING THE TRANSFER OF $19,578 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $89,291.82 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,578 from the No. 1020 cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the day of September, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 10, 2009 T. Trish ang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 29, 2009 AGENDA ITEM: A. Resolution authorizing the City manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2009- 2010. B. Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack — Child and Adult Care Food Program. ISSUE: In order to provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites, the City Council must A) appropriate $208,000 in grant funds from the Texas Department of Agriculture to operate the Child and Adult Care food program foryouth enrolled in after school enrichment programs B) approve and execute an Interlocal Cooperation Agreement with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds for qualifying sites. REQUIRED COUNCIL ACTION: Action is required to accept and appropriate grant funds and authorize the City Manager, or his designee, to execute all related contracts and documents for the FY 09 -10 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. PREVIOUS COUNCIL ACTION: The City Council has for fourteen (14) years approved a similar youth nutrition grant related to the Summer Recreation Programs. In addition, the City Council has also approved the Child and Adult Care Food Program grant for the past seven school years. FUNDING: U.S. Department of Agriculture, and Texas Department of Agriculture grant funds. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council appropriate the Child and Adult Care Food Program grant with Texas Department of Agriculture and approve the Interlocal Cooperation Agreement with Corpus Christi Independent School District (CCISD). Sally Gavlik, : irec or Parks and ecreation Department 361- 826 -3 64 sallvcacctexas.com Attachments: Background Information BACKGROUND INFORMATION The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and /or enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment, b) include educational and /or enrichment activities as part of the programming, c) be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals. The Parks and Recreation Department has a total of 24 Latchkey sites that qualify for meal service based on eligibility (Agenda Item A). Sites to be served are: Casa Linda Elementary, Club Estates Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Lexington Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista Elementary , Crocket Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Prescott Elementary, and Woodlawn Elementary. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are: Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary, and Webb Elementary. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.65 per snack for the school year beginning October 1, 2009 - June 4, 2010. CCISD will also maintain and provide menu preparation records. The snack consists of fruit/vegetable, milk/juice and dessert. It is estimated that approximately 2,200 youth per program day will be served after school snacks. At each site, city staff will verify daily snack counts and distribute snacks to youth. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $208,000 in order to implement the program. CCISD has approved the food service agreement. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $208,000 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM TO PROVIDE AFTER SCHOOL SNACKS TO YOUTH ENROLLED IN AFTER SCHOOL PROGRAMS FOR FY 2009 -2010. 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 $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2009 -2010. 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: September 24, 2009 Lisa A 9 uilarr Senior Assis ant City Attorney For City Attorney H: \LEG- DIR\Jeannie\Lisa \Ordinances- Resolutions \RES- authGr AtterSchoolSnacksFY09- 10.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\Jeannie\Lisa\ Ordinances - Resolutions \RES- authG0 . fterSchoolSnacksFY09- 10.doc ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $208,000 FROM THE TEXAS DEPARTMENT OF AGRICULTURE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND TO OPERATE THE CHILD AND ADULT CARE FOOD PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $208,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program 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: Armando Chapa City Secretary APPROVED: September 24, 2009 Lisa Aguilar 0 Assistant City Attorney for City Attorney THE 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, 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 —46— 2 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK — CHILD AND ADULT CARE FOOD PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Corpus Christi Independent School District for the after school snack — child and adult care food program. A copy of the agreement in substantial form is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: September 24, 2009 Lisa Aguilar z Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H:\ LEG- DIR\Jeannie\Lisa\ Ordinances - Resolutions \Res -CCISD After School Snacks 2009- 10.doc —47— Page 2of2 Corpus Christi, Texas 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\Jeannie\Lisa \Ordinances- Resolutions \Res -CCISD After School Snacks 2009- 10.doc —48— INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM This Interlocal Cooperation Agreement ( "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly authorized City Manager ( "City Manager ") or the City Manager's designee, and the Corpus Christi Independent School District ( "District"), acting through its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally - funded and state - administered program to provide after school snacks to school -age children at approved after school program sites, from October 1, 2009 through June 3, 2010; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee. NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2009, and continues through June 3, 2010. Section 2. Consideration. The City shall pay the District $.65 per snack -sized meal ( "Snack" or "Snacks ") provided to City by the District. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: 1 —49— (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C) District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City- sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non - Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, • or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary `Angel R. Escobar, City Manager APPROVED AS TO LEGAL FORM is )" 6 , 2009. 4.4-4 Lisa Aguilar, istant City Attorney For City Atto y ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: Name: Title: Date: tikC Vbfi Name: D. Scott Elliff Title: Superintendent of Schools Date: q D R. APPROVED AS TO LEGAL FORM FOR CCISD this 8th day of September, 2009. By: Philip D. Fraissinet Attorney for Corpus Christi ISD 4 —52— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/29/09 AGENDA ITEM: Ordinance repealing Ordinance No. 027699 related to setting up a storm water utility system; and declaring an emergency. ISSUE: Under State Law, the City is required to follow the statutory framework for setting up a storm water utility and establishing and levying a storm water charge. The law requires the City to pass two ordinances. On May 13, 2008 Council approved the first ordinance creating and declaring a storm water utility. The City was to pass a second ordinance to establish a schedule of storm water charges. However, on August 25, 2009, Council passed a Motion No. 2009242 to cease implementation of the storm water utility and rate. Therefore, as a general housekeeping issue, the first ordinance (creating a storm water utility that will not be implemented per Council Motion No. 2009242) should be repealed. REQUIRED COUNCIL ACTION: City Council should pass this Ordinance. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, Council approved a Resolution regarding various policy recommendations. On May 13, 2008 Council approved an Ordinance creating a separate Storm Water Utility and directed staff to move forward with an impervious cover -based rate design for implementation in Fiscal 2009- 2010. A Public Hearing was held on June 16, 2009 regarding the storm water utility charge. On July 7, 2009 City Council agreed with staff's recommendation to delay implementation of the storm water utility charge for a minimum of six months. On August 25, 2009 City Council passed a Motion to cease implementation of the storm water utility rate. —55— CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance to declare an emergency and repeal Ordinance No. 027699. e H. Gra Director of Storm War - and Street Operations ValerieG@cctexas.com 361.826.1872 or 361.826.1875 Attachments: Background Information Ordinance No. 027699 Motion No. 2009242 Ordinance repealing Ordinance No. 027699 BACKGROUND INFORMATION Texas Local Government Code requires that an Ordinance be passed establishing a utility before an ordinance creating a utility charge can be passed. On May 13, 2008, City Council approved the Second Reading establishing a Storm Water Utility (Ordinance No. 027699). At that time, Council directed staff to move forward with an impervious cover rate design to be implemented August 1, 2009. In June 2008, the City contracted with HDR Engineering, Inc. to perform the impervious cover calculation and develop a rate model. Sanborn Mapping Co. was subcontracted and the digital aerial photography was flown in July and August, 2008. Impervious cover calculations by parcel were delivered to HDR at the end of January 2009. HDR worked on integrating the aerial photography with the City's GIS data base as well as its HTE billing and land file information in order to develop the impervious cover -based rate and billing capabilities. The second step in the process is approving a Storm Water Utility charge ordinance. The public hearing for the proposed ordinance establishing the storm water utility charge was held on June 16, 2009. On July 7, 2009 during the first reading of the Fiscal Year 2009 -2010 Budget, staff requested that implementation of the storm water utility charge be delayed a minimum of six months so that further work could be done. Council agreed with that request and the budget was changed accordingly. Subsequent to that decision, staff was asked to place an action item in front of Council in order to receive guidance on moving forward with development of the storm water utility charge. On August 25, 2009, in response to this request, a Motion was passed (Motion No. 2009242) which required staff to cease implementation of the storm water utility and rate. Because of Motion No. 2009242, which ceased implementation of the storm water utility and charge, the first ordinance, Ordinance No. 027699, needs to be repealed. Texas Local Government Code Section 552.054(2), subchapter "C" of Chapter 552, does not preclude the City from using revenues other than drainage utility revenues for drainage purposes. —57— ORDINANCE 027699 DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBUC UTILITY; DECLARING THE CITY'S STORM WATER UTIUTY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABUSH A STORM WATER UTILITY; INCORPORATING EXISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING FOR SEGREGATION OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING THAT ISSUANCE OF STORM WATER REVENUE BONDS OR COMBINED (WATER, WASTEWATER, GAS, AND STORM WATER) UTILITY REVENUE BONDS MAY BE REPAID WITH REVENUE FROM THE STORM WATER UTIUTY CHARGE. WHEREAS, the City of Corpus Christi will provide drainage (also referred to interchangeably as "storm water") services for all real property in its corporate boundaries, except for exempted real property; and WHEREAS, the City of Corpus Christi will offer storm water services on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City of Corpus Christi will establish a schedule of storm water charges against all real property within its corporate boundaries subject to charges; and WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the storm water utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, and storm water) utility. SECTION 3. AUTHORITY. The City is authorized to establish this municipal storm water utility under Article XI, Section 5, of the Constitution of the State of Texas; the City's 027699 Charter, and the laws of the State of Texas. SECTION 4—DEFINITIONS. In this ordinance: (1) "Benefitted property" means an improved lot or tract to which storm water drainage service is made available. (2) "City" means the City of Corpus Christi, Texas. (3) "Cost of service" as applied to a storm water drainage system service to any benefitted property means: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of Land, rights -of -way, options to purchase land, easements, and interests In land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start -up cost of a storm water drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water revenue - pledge securities or obligations; and (g) the administrative costs of a storm water utility system. (4) "Drainage" (or "storm water drainage ") means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. (5) "Storm water charge" or "drainage charge" means: (a) the levy imposed to recover the cost of the service in furnishing drainage for any benefitted property; and (b) specifically includes, as hereby provided by the City Council of the City of Corpus Christi, an amount made in contribution to funding of future drainage system construction by the City. (8) "Storm water system" or ''storm water drainage system" means the drainage owned or controlled in whole or in part by the City and dedicated to the service of benefitted property, including provisions for additions to the system. (7) "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. (8) "Public utility" means a storm water drainage service that is regularly provided by the City through the property dedicated to that service to the users of benefitted property within the service area and that is based on: (a) an established schedule of charges; (b) the use of the police power to implement the service; and (c) nondiscriminatory, reasonable, and equitable terms, as declared by the City under this section. (9) "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm water drainage system. SECTION 5. INCORPORATION OF EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 5. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinance, a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation Incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage system. SECTION 8. STORM WATER REVENUE BONDS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water) utility revenue bonds to be repaid, in full or In part, with the use of revenue from storm water utility charges. SECTION 9. SEVERABILITY, If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be Invalid or unenforceable, the invalidity or unenforceabiity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 9. This Ordinance shall be effective immediately from and after its passage. ATTEST . THE C OF CO S CHR TI Armando Chapa City Secretary Mayor He ApRi to + I Veronica Ocanas Assistant City Attomey for City Attomey 1/2008 arre That the foregoing o inance was read for the first time and passed to its second reading on this the ay of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez 4 kW:I -- Nelda Martinez Michael McCutchon That the foregoing ordin nce was read for the second time and passed finally on this the 13'6 day of �I-- , 2008, by the following vote: Henry Garrett Alr Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. ¢ Nelda Martinez I Mike Hummell Michael McCutchon 4115tiIi" Bill Kelly rva APPROVED AND PASSED on this 1 day of ATTEST: Armando Chapa, City ecretary A LCIA.. , 2008. 027699 MOTION 08/25/09 16. Motion to cease implementation of the storm water utility rate. ATTEST: Armando Chapa, City SeCr'etary Joe Act me,wlayor City of Corpus Christi M2009 -242 INDEXED ORDINANCE REPEALING ORDINANCE 027699 RELATED TO SETTING UP A STORM WATER UTILITY SYSTEM; AND DECLARING AN EMERGENCY. WHEREAS, on May 13, 2008, the City Council passed Ordinance 027699 establishing the City's Storm water system as a public utility, declaring the city's storm water utility as part of the City's combined water utility system, incorporating existing facilities into the storm water utility system, providing for segregation so storm water utility income form other city accounts, providing that issuance of storm water revenue bonds or combined utility systems bonds may be repaid with revenue from the storm water utility bonds; and WHEREAS, no actions were ever taken to implement Ordinance 027699; and WHEREAS, under the Ordinance and under State Law, the City was to establish a schedule of storm water charges, and establish and enforce rules; and WHEREAS, the City never established a schedule of storm water utility charges, nor rules; and WHEREAS, the City never levied any charges under the storm water utility, there has never been any storm water utility income, nor issuance of storm water revenue bonds; and WHEREAS, on August 25, 2009, City Council passed Motion No. 2009242 to cease implementation of the storm water utility rate; and WHEREAS, Section 552.054(2) of the Texas Local Government Code provides as follows: "This subchapter [subchapter "C," Chapter 552, Texas Local Government Code] does not preclude a municipality from utilizing revenues, other than drainage utility revenues, for drainage purposes," NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 027699 is repealed, retroactive to May 13, 2008. SECTION 2. The storm water public utility is dissolved. SECTION 3. All facilities, supplies, and materials incorporated into the storm water utility are unincorporated and are part of the City's storm water system. SECTION 4. This Ordinance takes effect immediately. na9ana nRn mr,par►,n Cirri iff117A00 fnr atr rm u,m+cr —64— SECTION 5. 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 shall take effect upon first reading as an emergency this the 29th of September, 2009. ATTEST: Armando Chapa City Secretary Ap ov to m: ep -09 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 092909 ORD repealing Ord #027699 for storm water— 65— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 29, 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to extend the Lease with Landry's Seafood and Steakhouse- Corpus Christi, Inc. ( "Landry's ") to operate a restaurant barge on People's Street T -Head to extend the term until December 31, 2009, with payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater; and declaring an emergency. ISSUE: Current lease will expire on September 30, 2009. Additional time is needed to complete the new lease agreement. REQUIRED COUNCIL ACTION: Council action is required to authorize extension of the current lease agreement. PREVIOUS COUNCIL ACTION: Council approved current lease on March 10, 2009. CONCLUSION AND RECOMMENDATION: Staff recommends that Council approve the ordinance. Attachments -69- Margie C. Rose Assistant City Manager margier(@,cctexas.com 361.826.3232 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXTEND THE LEASE WITH LANDRY'S SEAFOOD AND STEAKHOUSE - CORPUS CHRISTI, INC. ( "LANDRY'S) TO OPERATE A RESTAURANT BARGE ON PEOPLE'S STREET T -HEAD TO EXTEND THE TERM UNTIL DECEMBER 31, 2009, WITH PAYMENT OF $6,000 PER MONTH OR 2.75% OF MONTHLY GROSS SALES, WHICHEVER IS GREATER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute an extension of the Lease with Landry's Seafood and Steakhouse - Corpus Christi, Inc. until December 31, 2009, to operate a restaurant barge on People's Street T -Head in consideration of payment of $6,000.00 per month, or 2.75% of monthly gross sales, whichever is greater. The Agreement will be on file with the office of the City Secretary. 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 29th day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: ' . 22-, 2009. T Lisa Aguilar Assistant City ttorney for the City Attorney Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AGREEMENT TO EXTEND AND AMEND LEASE WITH LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. THIS AGREEMENT is made and entered into this day of September , 2009, by the CITY OF CORPUS CHRISTI, a municipal corporation and political subdivision of the State of Texas, hereinafter referred to as "CITY," and LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. a corporation organized and existing under the laws of the State of Delaware and authorized to do business in the State of Texas, hereinafter referred to as "Landry's" Whereas, the parties previously entered into a Lease Agreement between Landry's Seafood and Steak House — Corpus Christi, Inc. and the City of Corpus Christi ( "Lease Agreement "), with termination date of December 31, 2008; Whereas, the parties have executed agreements to extend and amend the Lease Agreement until March 31, 2009 and also until September 30, 2009; Whereas, the parties desire to extend the term of the Lease Agreement until December 31, 2009, subject to the following amendments: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 4 of the Lease Agreement, "Term ", is amended to read as follows: "Section 4. Term. The term of this Lease is on a month -to -month basis effective date of execution by the City Manager and beginning October 1, 2009 and ending on December 31, 2009. However, the City Manager may terminate this Lease at any . time with or without cause, without penalty upon sixty (60) days written notice to Landry's." 2) Section 24 is amended to read as follows: "Section 24. Removal of Barge. Landry's must remove the barge restaurant from the Marina upon sixty (60) days written notice from the City, or December 31, 2009, whichever date occurs first, at Landry's cost, and without damage to City property." 3) All other terms and conditions of the Lease Agreement between Landry's Seafood and Steak House— Corpus Christi, Inc. and the City of Corpus Christi, as amended by Agreement to Extend and Amend approved by City Council on March 10, 2009, and which are not inconsistent herewith, shall continue in full force and effect during this Extension Period. A copy of the current Lease Agreement is attached as Exhibit A IN WITNESS WHEREOF, the parties hereto have themselves or through their duly authorized officers executed this Extension Agreement effective as of the day and year above first written. 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 APPROVED AS TO LEGAL FORM THIS DAY OF , 2009: Lisa Aguilar Assistant City Attorney For the City Attorney LANDRY'S SEAFOOD AND STEAK HOUSE — CORPUS CHRISTI, INC. By: Name: �"�ll.(,,,, c_. �c, 14 { Title: U `C • Date: State of Texas § County of Harris § This instrument was, +acknowledged SVICA6t. L. Scikeivatt4L Steak House — Corpus Christi, Inc., before me on theday of 4-- , 2009, by as 1) for Landry's Seafood and a Texas corporation, on before of the corporation. Notary Public % II • - .. t s` " MY COMMISSION EXPIRES VALERIE WILLIAMS �� October 14, 2010 R�iu LEASE AGREEMENT BETWEEN LANDRY'S SEAFOOD AND STEAK HOUSE - CORPUS CHRISTI, INC. AND THE CITY OF CORPUS CHRISTI THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: 1 This lease ("Lease ") is entered into between the City of Corpus Christi ( "City "), a Texas municipal home -rule corporation, acting through its duly authorized City Manager ( "City Manager"), and Landry's Seafood and Steak House - Corpus Christi, Inc. ( "Landry's "), a Texas corporation, whose principal office and place of business is in Houston, Harris County, Texas, acting through its duly authorized representative. The City, in consideration of Landry's faithful performance of the conditions and covenants contained in this Lease, leases to Landry's a dockside area in the Corpus Christi Marina ( "Marina "), as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section in incorporated into this Lease by reference and made a part of this Lease for all intents and purposes. Section 2. Premises. Landry's is granted use of sufficient berthing space on the north side of the Peoples Street T -Head, to accommodate a barge restaurant, and related site improvements, including the additional adjacent space designated "Boardwalk" on the attached Exhibit A (all areas collectively referred to as the "Premises "), which is incorporated in this Lease by reference. Section 3. Permitted Uses. (A) Landry's must use the Premises primarily as a restaurant, to include outside dining, and secondarily as a bar. (B) Landry's may use the bar, as a secondary use only, to sell and serve alcoholic beverages if Landry's has complied, and remains in compliance, with all State and local laws, rules, regulations, and ordinances. Additionally, the bar may be used by Landry's for the sale of souvenirs and other merchandise secondary to and as appropriate to complement food and drink service. (C) The business operation must be confined to the barge restaurant, Boardwalk, and deck areas within the Premises. 2 (D) This Lease is not an exclusive right to operate a restaurant in the Manna area. Section 4. Term. The term of this Lease is on month -to -month basis effective on the date of execution by the City Manager and beginning February 1, 2009 and ending on March 30, 2009. Section 5. Lease Rate and Payments. (A) For the term of this Lease, Landry's must pay the City a base lease rate of $6,000 per month, or 2.75% of monthly "Gross Sales," whichever is greater. (B) "Gross Sales" means all sales of food, drink, souvenir items, and all merchandise of any kind, prepared, produced or sold on the Premises or sold on the Peoples Street T -Head, excluding credit card transaction fees and sales, consumption, and alcoholic beverage taxes. (C) Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9277, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Lease Payment Abatement. (A) The monthly lease payment may be abated during the time Landry's ceases restaurant business operations: (1) in preparation for movement to a safe moorage in accordance with Landry's Hurricane Preparedness Plan ( "Hurricane Plan "), a copy of which is attached as Exhibit C and incorporated in this Lease by reference; (2) whenever the barge is rendered substantially unusable because of damage resulting from fire, water, wind, or force majeure; or (3) in the event major repair, renovation, or construction prohibits access to and through the Peoples Street T -Head. (B) In the event that a condition in subsection (A) of this section occurs and Landry's desires to claim a lease payment abatement, Landry's must notify the the City's Marina Superintendent or the Marina Superintendent's designee ( "Marina Superintendent ") in writing within three (3) business days following the occurrence of a condition stated in subsection (A) of this section, providing the date, time, and reason for cessation of restaurant business operations and the expected date of resumption of restaurant business operations. 3 (C) Landry's must resume its restaurant business operations as soon as practical after a condition that caused the cessation of restaurant business operations no longer exists. Landry's must provide the Marina Superintendent with written notice within 24 hours after resuming restaurant business operations. (D) The lease payment abatement amount will be a pro rata share of the minimum monthly lease payment due. Section 7. Monthly Financial Statements; Audit of Records. (A) Landry's must keep strict and accurate books of account and records of Gross Sales and of all receipts collected. (B) Landry's must furnish monthly statements of Gross Sales, certified by an • authorized officer of Landry's, in accordance with generally accepted accounting principles and procedures and in a form approved by the City's Director of Finance. (C) Landry's books and records must be open for inspection by the City Manager at all reasonable times. • (D) All underlying documentation for Landry's certified monthly statements, including, but not limited to, cash register and computer terminal tapes, must be preserved by Landry's for at least three (3) years. The City Manager may terminate this Lease for failure to preserve such records or provide them to the City upon the City Manager's request. (E) The City Manager may audit Landry's books and records at any time to verify Landry's Gross Sales for any period within three (3) years prior to an audit. (1) "Books and records" includes, but is not limited to, all documents related to the conduct of the business such as: general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary re- ports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to State and Federal agencies, and discount and rebate records. (2) Any additional payments due the City, as may be determined by an audit, must be paid by Landry's to the City, with annual interest of 10% from the date the payment became due, within 30 days of such determination and notice to Landry's. (3) Audits will be conducted at the administrative offices of the City's Park & Recreation Department, 1201 Leopard Street, Corpus Christi, Nueces County, Texas, 78401, and Landry's must make its books and records available at such 4 time as required by the City's Auditor. if first agreed to in writing by the City's Director of Park & Recreation or the Director of Park & Recreation's designee ( "Director"), the audit can be conducted at another site, provided Landry's reimburses the City for the travel, food, and lodging expenses of City staff necessary to conduct the audit. (4) If the audit shows that Landry's has understated Gross Receipts by 3% or more, the entire expense of the audit must be paid by Landry's. Section 8. Delinquency and Default Regarding Lease Payments. (A) Landry's is "delinquent" if the City has not received Landry's 's monthly lease payment and certified financial statement on or before 5:00 p.m. on the 10th day of the month in which the payment and certified financial statement are due. if the 10th day on the month falls on a weekend or holiday, the payment and certified financial statement must be tendered on the first business day thereafter. (B) Landry's is in default" if Landry's fails to pay the amount due or provide the certified financial statement within ten (10) business days after the City Manager has sent a written notice of delinquency requesting the payment, certified financial statement, or both. A default for failure to pay the amount due or provide the certified financial statement constitutes grounds to terminate this Lease. Section 9. Landry's Responsibilities. Landry's, as lessee, shall: (A) Pay for the installation, maintenance, and use of all of its utilities including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone; (B) Comply with all Federal, State, and local laws, rules, regulations, and ordinances, as each may be amended, including, but not limited to, Chapter 12 of the City's Code of Ordinances and the Marina Rules and Regulations, and ensure that its employees, agents, and representatives comply as well; (C) Maintain the Premises and all improvements in a good and safe condition during the Lease term; (D) Maintain the barge restaurant, mooring lines, spuds, pilings, and anchors at all times in a satisfactory state of repair, as specified by the Marina Superintendent; (E) Perform grounds maintenance for the area north of the center of the head portion of the Peoples Street T -Head, as shown on the attached Exhibit B, which is incorporated in this Lease by reference, to include, without limitation, litter control of all grass and landscaped areas and the parking lots utilized by its restaurant 5 customers, except for such times as the City leases such property to other third parties; (F) Raise the barge restaurant if it sinks, regardless of the cause of its sinking; (G) Remove the barge restaurant from the Marina in the event of extensive damage, destruction, sinking, or partial sinking, regardless of cause, or threat of hurricane, as set out in Exhibit C; (H) Ensure that no pollutant, effluent, liquid or solid waste material, bilgewater, litter, trash, or garbage issued from the Premises is allowed to collect in the waters of the Marina or in the vicinity of the barge restaurant or parking areas utilized by restaurant customers. Landry's must regularly inspect and police the vicinity of the Premises for such materials and promptly clean up and remove such materials in order to maintain the cleanliness and attractiveness of the Marina; (I) Ensure that the noise level issuing from the Premises is reasonable and not discernibly audible to a person of normal hearing sensitivity standing along the., east curb lines of Shoreline Boulevard (northbound); (J) Regularly inspect and maintain fire fighting systems and equipment in the highest degree of readiness and regularly conduct training for employees in fire prevention and emergency procedures; (K) Pay all operating expenses incurred by Landry 's in connection with its restaurant business operations; (L) Pay all ad valorem taxes which may be assessed against the Premises, that are associated with Landry's use of the Premises, prior to their past due date; (M) Properly maintain and clean the grease traps, trash dumpsters, trash dumpster area and vessel bilges, in accordance with applicable local ordinances and State health regulations, at least once every month or more frequently as needed; and (N) Remove the barge restaurant from the Marina at termination or expiration of the lease. Section 10. Repairs and Maintenance to Barge. (A) Landry's may not make any major repairs to the barge restaurant while it is located within the Premises, the determination of what constitutes "major repairs" being within the sole and reasonable discretion of the Marina Superintendent. 6 However, the Marina Superintendent may authorize reasonable minor repairs and maintenance within the Premises. (B) For all repairs, Landry's must provide the Marina Superintendent with a written description of the type of maintenance requested and the estimated time frame to start and complete the maintenance requested, at least one week prior to the requested start date. (C) Landry's agrees to provide Marina Superintendent with copy of records regarding maintenance (including regular maintenance) for the barge within one week of maintenance. Section 11. Improvements /Additions /Alterations. (A) Landry's may not make any improvements, additions, or alterations to the Premises, the Marina facilities, the exterior of the barge restaurant, or the Boardwalk without the prior written approval of the Director and the City Manager. Landry' s must also obtain clearance, in writing, from the City's Risk Manager as required by Section 26(D) of this Lease. (B) If approved, any improvements, additions, or alterations made by Landry's to the Premises must comply with all applicable City Codes. (C) Landry's acknowledges and agrees that all improvements, additions, and alterations that may be made to the Premises, including the Boardwalk area, during the term of this Lease become the property of the City upon the earlier termination or expiration of this Lease. Section 12. Restaurant Operations. Landry's shall carry out the restaurant operations in a businesslike manner at all times. The hours and days of operation during the term of this Lease must be comparable to those of other restaurants in the City that place emphasis upon lunch and evening meals. Section 13. Hurricane Preparedness. If the City or the surrounding area is threatened by a hurricane or other emergency weather situation, Landry's shall comply with all orders of the Marina Superintendent pursuant to the Hurricane Preparedness Plan, as set out in Exhibit C. As part of hurricane preparedness, Landry's agrees to have contract in effect with Port of Corpus Christi, and with tugboat, to move and store the barge when directed by Marina Superintendent for hurricane preparedness. As par; of hurricane preparedness, Landry's agrees to obtain marine condition survey before Hurricane Season 2009, and every two years thereafter. The survey will be provided to City Marina Superintendent. It will contain written plan regarding how to move and secure the barge in times of severe weather. • Additionally, Landry's agrees to replace the mooring lines every two years of this agreement. Section 14. Sanitation. Landry's shall store garbage and trash aboard the barge restaurant or upon the Peoples Street T -Head at a location designated by the Marina Superintendent. All garbage and trash stored in designated areas upon the T -Head must be stored in dumpster -type containers. Such containers must be housed inside a small building, screened or appropriately landscaped, and all at Landry's expense and as approved by the Marina Superintendent. The garbage container area must be maintained by Landry's. Landry's shall obtain garbage pickup no Tess than five (5) days per week. Landry's may not store anything outside either the dumpster itself or the dumpster housing. Landry's will construct concrete pad beneath dumpster upon request of Marina Superintendent to reduce damaged to asphalt caused by dumpster service vehicles. Section 15. Parking. Landry's restaurant customers may park on the stem and head portion of the Peoples Street T -Head, provided, however, that such parking areas may not be utilized by Landry's for the exclusive use of Landry's and its employees and customers. Parking on the Peoples Street T -head is subject to the City street closure process. For example, during City approved street closure of Peoples Street T -Head, Landry's (and its employees and customers) will not have access to use of parking areas on the Peoples Street T -Head. Section 15.1 Special Events. Landry's acknowledges that City may authorize special events on the Peoples Street T -Head, such as the Texas international Yacht Show, which may impact vehicular access to the Premises. During days of City approved special events at Peoples Street T -Head which include street closures which impacts vehicular access to the Premises, Landry's vehicular access will be restricted to deliveries made at least one hour prior to opening of special event for the day, deliveries made after the special event has closed for the day, and also shuttle service. During days of special events or street closures at Peoples Street T -head, Landry's may utilize a shuttle service to transport patrons and employees to and from the Premises. Section 16. Sanitary Sewer. (A) Landry's shall operate its sanitary sewer facilities in accordance with the City Code of Ordinances, Section 13 -201, as amended, and City Code of Ordinances, Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, as amended. (B) The City warrants sewer service from the lift station only so long. as electrical service to the station is not disrupted by storm, accident or other hazards, or 8 catastrophe. Standby power to operate the lift station is not available at the beginning of this Lease nor is it planned by the City. Section 17. Inspection. Any officer or authorized employee of the City may enter upon the Premises, including the barge restaurant, at all reasonable times and without notice, to determine whether Landry's is providing maintenance required by this Lease, to inspect the restaurant operations, to enforce this Lease, for purposes of any fire or police action, or for any other purpose incidental to the City's retained rights of and in the Premises. Section 18. Signs and Lighting. (A) Landry's may not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ( "Signs ") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (B) The City may require Landry's to replace, repaint, or repair any Signs allowed. If Landry's does not remove, repaint, or repair the Signs within 15 business days of the Director's written demand, the City may do or cause the work to be done, and Landry's shall pay the City's costs within 30 days of receipt of Director's invoice. Failure to pay the amount due within 30 days from receipt of an invoice constitutes grounds to terminate this Lease. (C) Landry's may not erect or affix any new or modified lighting fixtures ( "Lighting ") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (D) If approved, the new or altered Signs and Lighting must comply with the City's Code of Ordinances and the City's zoning ordinance, as each may be amended. Section 19. Assignment or Sublease. (A) Landry's may not, without the prior written consent of the City's City Council ( "City Council "), such consent not to be unreasonably withheld, assign this Lease or sub- lease any portion of the Premises. Any attempted assignment or sublease, without the prior written consent of the City Council may, in the City Manager's sole discretion, render this Lease null and void. (B) In the event of the City Council's consent to an assignment or sublease of this Lease, each provision, term, covenant, obligation, and condition required to be per- formed by Landry's must be binding upon any assignee or sublessee and is partial consideration for the City Council's consent to the assignment or sublease. Any failure of the assignee or sublessee to strictly comply with each provision, term, covenant, obligation, and condition stated in this Lease may, in the City's Manager's sole discretion, render this Lease null and void. 9 Section 20. Non - discrimination. Landry's covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, gender, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Violation by Landry's of this covenant constitutes grounds for the City to immediately terminate this Lease. Section 21. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Landry's will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Landry's shall employ sufficient employees to operate the restaurant business and such employees must be solely in the employ of Landry's. Section 22. Termination and Damages Prior To Expiration. If Landry's terminates this Lease prior to expiration, Landry's must pay the City, within 30 days of termination, liquidated damages in the amount of $34,500 to offset income the City will lose due to Landry's early termination of this Lease. The liquidated damages paid by Landry's will provide revenue to the City while the City attempts to find a new restaurant operator or other revenue source. Section 23. Termination upon Default. The City may terminate this Lease if Landry's fails to comply with any provision, term, covenant, obligation, or condition of this Lease and fails or refuses to cure the default within a reasonable time after receiving written notice of the default. Notwithstanding the immediately preceding language, default of Section 20 of this Lease will subject this Lease to immediate termination. Section 24. Removal of Barge. Landry's must remove the barge restaurant from the Marina no later than March 30, 2009 at Landry's cost and without damage to City property. No extensions will be permitted. Section 25. Indemnification. (A) To the extent allowed by Texas law and in consideration of allowing Landry's to lease the Premises, Landry's ( "Indemnitor ") covenants to fully indemnify, save, and hold harmless the City, its officers, agents, representatives, and employees (collectively, 10 "Indemnitees ") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from the City on account of injury or damage to persons or property (including, without limi tation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Landrys' performance pursuant to this Lease; (2) Landrys' use of the Premises and any and all activities associated with the Premises pursuant to this Lease; (3) the violation by Landry's, its officers, employees, agents, or representatives or by lndemnitees of any law, rule, regulation, ordinance, or government order of any kind pertaining directly or indirectly to this Lease; (4) the exercise of rights under this Lease; or (5) an act, omission, or criminal violation on the part of Landry 's, its officers, employees, agents, representatives, contractors, patrons, guests, licensees, or invitees entering upon the Premises or Boardwalk area with or without the express or implied invitation of Landry's, or of lndemnitees, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, omission, or criminal violation is caused or is claimed to be caused by the sole, contributing, or concurrent negligence of lndemnitees, but not if such damage or injury results from the gross negligence or willful misconduct of the lndemnitees. (B) Landry's covenants and agrees that, if the City is made a party to any litigation against Landry's or in any litigation commenced by any party, other than Landry's relating to this Lease, Landry's shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. 11 (C) The provisions of this section survive the earlier termination or expiration of this Lease. Section 26. Insurance. (A) Landry's must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ( "Risk Manager ") as delineated in Exhibit D, which is attached to this Lease and incorporated in this Lease by reference. Landry's must provide the City's Director of Park and Recreation and the Risk Manager with a Certificate of Insurance, stating the levels and types of coverages, at least 30 days prior to the annual anniversary date of the effective date of this Lease. (B) The language on the Certificate of Insurance must provide that the City's Director of Park and Recreation and the Risk Manager receive at least 30 days advance written notice, by certified mail, of any cancellation, non - renewal, or material change in the insurance policy required in Exhibit D. (C) The Risk Manager retains the right to annually review the limits and types of insurance required by this Lease, to require increased coverage limits and types, if necessary in the interest of public health, safety, or welfare, or to adequately insure the Premises, and to decrease coverage, if so warranted. In the event of any necessary increase, Landry's will receive at least 30 days written notice of the revised re- insurance requirements. Landry's shall procure the revised insurance limits and types within 30 days of receipt of written notice of the revised insurance requirements and provide written proof of insurance to the City's Director of Park and Recreation and the Risk Manager. (D) Landry's shall, prior to the construction of any improvement, addition, or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed improvement, addition, or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Landry's. This clearance is in addition to the prior consent required by Section 11(A) of this Lease. In the event that the Risk Manager determines that the improvement, addition, or alteration necessitates increased insurance coverage, Landry's shall procure such increased insurance coverage within the time specified by the Risk Manager. Section 27. Taxes. (A) Landry's shall pay all taxes, license and permit fees, and other fees required to operate the Premises. Landry's shall also pay all taxes that Landry's use of the Premises causes to be assessed against the Premises, and any Fixed Asset and 12 Personal Property taxes appurtenant to the Premises. Landry's shall pay all taxes prior to the due date. (B) Further, Landry's covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to the United States Internal Revenue Service's Circular E, entitled "Employer Tax Guide ", Publication 15, as it may be amended, prior to their respective due dates. Landry's shall provide proof of payment of these taxes within 30 days after payment is due or the Marina Superintendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 28. Notice. (A) All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, retum receipt requested, postage prepaid, to the addresses stated below; (3) by prepaid telegram; (4) by deposit with an ovemight express delivery service; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or ovemight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. (C) All such communications must be made only to the following: IF TO THE CITY : City of Corpus Christi Attn: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3460 Office (361) 880 -3864 Fax IF TO LANDRY'S: Landry's Restaurants, Inc. Attn: Steven L. Scheinthal 1510 West Loop South Houston, TX 77027 (713) 386 -7365 Office (713) 386 -7654 Fax (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change or fax number change within ten (10) days after the address or number is changed. Section 29. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease and including during any Holdover Period that may occur. 13 Section 30. Modifications. This Lease may be modified by the parties if the parties enter into a separate development agreement for the City's Marina area during the term of this Lease. No other changes or modifications to this Lease may be made nor any provision waived unless made in writing and signed by persons duly authorized to sign agreements on behalf of each party. Section 31. Interpretation; Venue. This Lease is to be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 32. Captions. The headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 33. Publication. Landry's agrees to pay the cost of newspaper publication of this Lease and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Lease. The waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, may not be taken to constitute a waiver of any subsequent breach of the covenant or condition nor justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Lease. If any action by Landry's requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Landry's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Landry 's is in default in any of its conditions or covenants of this Lease, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. 14 Section 35. Force Majeure. No party to this Lease is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, or riots or interference by civil or military authorities. Such delays or failures to perform extend the period of performance until these exigencies have been removed. Landry's shall inform the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. Section 36. Surrender. Landry's acknowledges and understands that the City's agreement to lease the Premises to Landry's is expressly conditioned on the understanding that the Premises, including, but not limited to, the Boardwalk area, must be surrendered upon the expiration, termination, or cancellation of this Lease in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Landry's is without fault, excepted: Section 37. Enforcement Costs. In the event any iegal action or proceeding is undertaken by the City to repossess the Premises, collect the rent payment(s) due pursuant to this Lease, collect for any damages to the Premises, or to, in any other way, enforce the provisions of this Lease, Landry's agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 38. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations set forth in this Lease that (1) the parties have expressly agreed survive any such termination or expiration, including, but not limited to, Section 25; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 39. Acknowledgment and Construction of Ambiguities. The parties expressly acknowledge that they have each independently read and understood this Lease. By Landry's execution of this Lease, Landry's agrees to be bound by the terms, covenants, and conditions contained in this Lease. Furthermore, Landry's acknowledges and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. By agreement of the parties, any ambiguities in this Lease are not to be construed against the drafter. Section 40. Severability. (A) If, for any reason, any word, phrase, paragraph, provision, or section of this Lease or the application of such language to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said 15 language to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of the parties to this Lease that every word, phrase, paragraph, provision, or section of this Lease be given full force and effect for its purpose. (B) To the extent that any word, phrase, paragraph, provision, or section of this Lease is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction and in lieu of each such illegal, invalid, or unenforceable language, a word, phrase, paragraph, provision, or section, as similar in terms to such illegal, invalid, or unenforceable language as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 41. Entire Agreement. This Lease document and the incorporated and attached exhibits constitute the entire agreement between the City and Landry's for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Landry's operations and the Premises to be used in the operations. EXkcillIED IN DU - ICATE, each of which shall be considered an original, .on this the ay of / , 2009. ATTEST: an4441---- Armando Chapa City Secretary CITY OF CORPUS CHRISTI g R. Escobar ity Manager Sfr , 2009. APPROVED AS TO LEGAL FORM: I Gam 4 Assistant Cit�ilhttorney for the City Attorney Egi,..22,1/1±.AUTHORIZED $Y COUNCIL SECRETARY . Jj• LANDRY'S SEAFOOD AND STEAKHOUSE - CORPUS CHRISTI, INC. By: Steven L. Scheinthal, Vice President Date: I� { ratj (3, r20 o i STATE OF TEXAS COUNTY OF HARRIS § 4 16 This instrument was acknowledged before me on the /3 day of P 4,4•14-4-D 2009, by Steven L. Scheinthal, Vice President of Landry's Seafood and Steakhouse—Corpus Christi, Inc., a Texas corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name Commission expires: 1 LISA .1 BURGESS Notary Public, State of Texas My Commission Expires September 01, 2011 1 17 EXHIBIT A (PREMISES- TO BE INSERTED1 '-19 -2002 16:09 FROM: TO :91 7139515027 P.012'024 Exhibit A • • 0 0 • --- BOARDWALK 18 EXHIBIT B - GROUNDS MAINTENANCE EP-19-2002 16:09 FROM: 1 TO :917139615027 P•013/024 .,,• • • w: Exhibit E 0 • • 0 0 • • AREA OF GROUNDS MAINTENANCE RESPONSIBILITY 19 EXHIBIT C HURRICANE PREPAREDNESS LANDRY'S SEAFOOD AND STEAK HOUSE — CORPUS CHRISTI 2009 HURRICANE/EMERGENCY ACTION PLAN This Hurricane/Emergency Action Plan (hereafter Plan) for Landry's Seafood and Steakhouse - Corpus Christi (Landry's) property and facilities has been developed with the coordination and approval of the Emergency Management Office, Parks & Recreation and Police Departments of the City of Corpus Christi. It is current for the 2008 hurricane season and thereafter until replaced, rescinded or amended. This Plan will be reviewed by the Marina Superintendent and Landry's General Manager on an annual basis prior to June 1st and any updates, corrections and/or revisions will be forwarded to the Emergency Management Office by that date. LANDRY'S CONTACT LIST General Manager: Contact Name and Contact Information: CORPUS CHRISTI MARINA KEY PERSONNEL - Office: 826 -3980 Peter M. Davidson, Marina Superintendent - Mobile: 537 -1266; Radio #898 Rene Garza, Marina Maintenance Technician - Mobile: 215 -7690; Radio #897 GOVERNMENT OFFICES Police Department Fire Department Emergency Operating Center Emergency Management Office ... GENERAL PROVISIONS 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator, Director of the Parks and Recreation or Marina Superintendent. 886 -2600 880-3900 826 -1100 826 -1100 National Weather Service Recorded Forecast 289 -1861 Office 289 -0959 Parks & Recreation Office .. 880 -3461 2. It shall be the sole responsibility of Landry's owners/operators to remove the barge, decks, trailer and all equipment, inventory, furniture, materials and supplies from the premises and to secure the facility. 3. It shall be the sole responsibility of Landry's to insure no pollutants enter the waters of the Marina from any operation owned /operated by Landry's i.e., grease traps, garbage, materials, etc. 4. All owners /operators, managers, employees will be required to evacuate the Marina Complex when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. The Marina Staff will secure the Marina Complex and insure all persons are notified of the danger. 5. The Marina Office has issued Emergency Passes to key employees of Landry's. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina (i.e. a copy of the lease document or a Marina Emergency Pass). INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster possibility than is normally present. This condition will automatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year); or other general conditions; such as fire threat, due to severe drought. CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans and utilize the media and other sources to recommend various protective actions to the public. LANDRY'S ACTION: Landry's General Manager will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than June lst. Landry's will prepare a contingency plan for (1) removing barge, decks and trailer from the premises; (2) disconnecting power and utility services from barge; (3) having grease traps vacuumed; (4) removing objects from outside the restaurant; and (4) otherwise securing the premises. CONDITION NUMBER 3 (YELLOW) - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to Iife or property. This condition might be generated by such events as a hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in transit through the city by rail, truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thirty -six hours and/or within one hundred miles of thb City of Corpus Christi. Landry's -20- 03/07/08 CITY ACTION: The Marina Superintendent or his designee will: advise Landry's of any changes in Condition as advisories or declarations are received. advise Landry's IF and WHEN information is received on utility shut offs. CP &L secures their service when they determine it is in jeopardy without notice to the Marina. The Marina may shut off power if high waters make conditions dangerous. initiate /continue removal of watercraft from the Marina Complex until it is determined the operation is unsafe due to weather /road /equipment conditions. Marina rescue boats will be hauled out prior to cessation of haul out operations. relocate essential City records, tools, equipment and supplies to a safe location. ensure all loose items in Marina are secured. LANDRY'S ACTION: cease all normal operations of the restaurant and begin preparations for removing the barge to a predesignated location and otherwise securing the premises. begin removing all refrigerated foods from the premises. have all grease traps vacuumed. begin moving inside or removing all equipment, decks, trailers, dumpsters, building materials, vending machines, potted plants, street furniture or other objects owned or placed on the property by Landry's which are stored on the premises. CONDITION NUMBER 2 (ORANGE) - Situations Exist That Have Definite Characteristic of Developing Into A Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a hazardous situation which has a significant potential and probability of causing loss of life and/or damage to property. CONDITION 2 will usually require some degree of warning the public of a potential disaster. This condition might be generated by such events as a hurricane warning, tornado warning, severe thunderstorm warning, or any other notification of the existence of a direct threat such as a toxic material spill, major fire, growing civil disturbance, etc. One such situation when this condition will be declared is when the National Weather Service indicates the possibility of a hurricane landfall within twentv -four hours or close enough to cause damaging winds or rising tides in the City of Corpus Christi. CITY ACTION: complete any remaining hurricane preparations and begin evacuating all persons from the Marina Complex. Landry's -21- 03/07/08 LANDRY'S ACTION: complete any remaining hurricane preparations and evacuate all employees from the Marina Complex. CONDITION NUMBER 1 (RED) - Hazardous Conditions Are Imminent - This condition will be used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike, Landfall predicted in 12 hours or less, tornado strike, Large explosion, widespread civil disturbance, damaging tides, or other similar events will constitute a "Condition One" declaration. CITY ACTION: ensure that all hurricane preparations throughout the Marina Complex have been completed and all persons have evacuated the Marina Complex. LANDRY'S ACTION: Landry's -22- 03/07/08 Landry's will have completed all preparations prior to this Condition and are required to evacuate all Landry's employees• from the Marina Complex. HURRICANE PASSED: Marina staff will report to duty, as directed by the City's Bad Weather Policy, for damage assessment and appraisal, facility clean up and repair, launching operations, security, etc. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina (i.e. a copy of the lease document or a Marina Emergency Pass). APPROVED on the dates written. Landry's Seafood and Steakhouse - Corpus Christi By: Date: City of Corpus Christi, Parks & Recreation Department By: • Date: City of Corpus Christi, Police Department By: Date: City of Corpus Christi, Emergency Management Office By: Date: Landry's -23- 03/07/08 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30- written day notice of cancellation, material change, non - renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Fonn 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 Combined Single Limit Liquor Liability Coverage $1,000,000 Combined Single Limit Vehicle Liability — owned, non -owned or rented $1,000,000 Combined single Limit Worker's Compensation Employers' Liability Which Complies with the Texas Workers' Compensation At and Section II of this Exhibit $500,000/ $500,000 / 5500,000 C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee 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 endorsements approved by the Landry's -24- 03/07/08 —100— Texas Department of insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessee's right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (36I) 826 -4555- Fax 1 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Landry's -25- -101— 03/07/08 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be. a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2008 Landry's tease agreement ins. req. 7 -14-08 ep Risk Mgmt. Landry's -26- -102— 03/07/08 9 AGENDA MEMORANDUM DATE: September 29, 2009 SUBJECT: Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street (Project No. 6515) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas in the amount of $83,000 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street. ISSUE: Neighborhood Services Department - Neighborhood Revitalization Programs received a $100,000 Community Development Block Grant for the Model Block Program. These dollars were designated to fund an improvement project that would make an impact in the neighborhood and promote community involvement and support to strengthen their bond to each other. After reviewing and discussing several options with the neighborhood leaders, this project was selected. The Hardscape displays the symbol of a living tree that is intertwined from one tree to the next representing the ties neighbors have with each other and the need for community spirit within their neighborhood. FUNDING: Funding is available from the Community Development and Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the Motion as presented. 1 D na iel Gallego`t Community Development Administrator 361- 826 -3017 danielga,cctexas.com v C . 4-45cuLf Margie Rose Assistant City Manager, Community Services 361- 826 -3232 margier(acctexas.com —105— Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(c�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 H:\ HOME\ KellyO \GEN\STREETS\6515 - Brownlee Hardscape Improvements— Hancock- Monis \Construction\2 AGENDA MEMO Revised - 090709.doc BACKGROUND INFORMATION SUBJECT: Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street (Project No. 6515) PROJECT DESCRIPTION: Consists of all work to install new integrally colored concrete walks on the east side of Brownlee Boulevard from Hancock Street to Morris Street. The new walks shall include site clearing and stripping; sand cushion; integrally colored concrete walks in patterns emulating trees; expansion joints; control joints; concrete stamping and staining; replace concrete driveways; concrete curb and gutter; asphalt patching; concrete curb ramps with truncated domes; final site clean -up and proper disposal of debris /waste; complete in accordance with the plans, specifications, and contract documents. 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. BID INFORMATION: On August 5, 2009, the City received proposals from six (6) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $83,000 to $180,000 for the Total Base Bid. The estimated cost of construction is $83,413. SLC Construction, LLC of Aransas Pass, Texas was the low bidder on the project. The city's consultant, Chuck Anastos Associates, LLC, has verified references of SLC Construction, LLC; and all references have been complimentary. The City's consultant, Chuck Anastos Associates, LLC, and City staff recommends a contract be awarded to SLC Construction, LLC in the amount of $83,000 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in December 2009. —106— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street (Project No. 6515) PRIOR COUNCIL ACTION: 1. ApriI15, 2008 — Resolution adopting the FY 2008 -FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 -FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -FY 2012 Consolidated Plan if required by HUD. (Resolution No. 027663) 2. April 15, 2008 - Resolution adopting the FY 2008 Consolidated Annual Action Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 Consolidated Annual Action Plan if required by HUD. (Resolution No. 027664) PRIOR ADMINISTRATIVE ACTION: 1. January 12, 2009 — Executed Consultant Contract with Chuck Anastos Associates, LLC in the amount of $11,500 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street. H: \HOME\Kelly° \GEN\.STREETS\65I5- Brownlee Hardscape Improvements-- Hancock4llriNtslroction\4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 0 0 cri ri a Y Q z W -J 0 0 rn z 0 17: w N J a ' U 2 O c0 W c0 c• w c 1- c W O O U 5 to c c d • 0 co 0 CL0 N CO w • j • 7 ga 1-o Garrett Construction Co. P.O. Box 1028 Ingleside, TX 78362 AMOUNT $121,850.00 $121,850.00 w U re a F D oo o co N_ 69 Atlas Concrete Enterprises, Inc. P.O. Box 10249 Corpus Christi, TX 78460 AMOUNT 0 0 0 o co 0) 69 0 0 0 0 co o) w UNIT PRICE 0 C. 0 M 0 69 R.S. Parker Construction, LLC 455 Hereford Corpus Christi, TX 78408 AMOUNT O 0 o in CO c0 co 69 0 O o n N W c0 co K UNIT PRICE 0 o 0 co co O co SLC Construction, LLC 1165 Rodeo Drive Aransas Pass, TX 78336 AMOUNT O o o o q cn CO 69 O O o 0 0 ai CO w UNIT PRICE 0 O O 0 c) 0 69 z n vi _i F BROWNLEE BOULEVARD HARDSCAPE IMF FROM HANCOCK STREET TO MORRIS Project No. 6515 DESCRIPTION e Bid Furnish 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 -108- EXHIBIT "C" Page 1 of 2 0 ri ri co ARCHITECTS ESTIMATE: w co 2 0 0 Q O w 00 O O 0 , Z E co LU Q„Z F Z O N J 0 �2 ZO Z coV 2 c0 w a c w c O w w O 1. O ED_ b W a co- m d 0) ao m -66 W Q Q J .. W CO H0 DMB Construction 4722 Neptune Corpus Christi, TX 78467 1_ AMOUNT I 0 0 0 o 0 o o 0 0 0 o 0 O. 0 r w UNIT PRICE 0 q 0 0 0 co .9 Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 AMOUNT o o N U d9 °o 0 N 1) W UNIT PRICE 0 O O N A BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET Project No. 6515 Z Z vi J > F a DESCRIPTION eBid Furnish 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 -109- EXHIBIT "C" Page2of2 PROJECT BUDGET BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORRIS STREET Project No. 6515 September 29, 2009 FUNDS AVAILABLE: CDBG (Neighborhood Revitalization Program) $100,000.00 CDBG (FY 08) $12,000.00 FUNDS REQUIRED: Construction (SLC Construction, LLC) $83,000.00 Contingencies (10 %) 5,200.00 Consultant (Chuck Anastos Associates, LLC) 11,500.00 Construction Inspection 2,490.00 Reimbursements 5,810.00 Misc. (Printing, Advertising, etc.) 4,000.00 Total $112,000.00 FUNDS REMAINING $0.00 —1 1 0— EXHIBIT "D" Page 1 of 1 Fite \. Mproject \councilexhibits \exh6515.dwg \.,N_UECES F.M. 624 W HWY 44 0 cc Z 2 0 Op RiIrR ROAD °3 ` H 3) AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. 0� Nl1ECES BAY roi ankWANO N4i\gni �l� CORPUS cfJsr BAY LOCATION MAP NOT TO SCALE PROJECT LOCATION 7 D 11. u 1E0 ,ffi�m0 no�o n IOW 111111 IOW W WARY el PROJECT SITE Brownlee Boulevard From PP. Hancock Street to Morris Street 111 1111 1111 F NINAN AVE SITE PLAN PROJECT # 6515 NOT TO SCALE EXHIBIT 'E' BROWNLEE BOULEVARD HARDSCAPE IMPROVEMENTS FROM HANCOCK STREET TO MORIWTREET CITY COUNCIL EXHIBIT E E T OFPEGEE ING' SE V TEXAS ENGINEERING ICS PAGE: 1 of 1 DATE: 08 -06 -2009 - - - - - - lormAisvmoew 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 29, 2009 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding City Council's Youth Advisory Committee; and providing for publication. ISSUE: Youth Advisory Committee candidates were to be appointed by the City Council at the first City Council meeting in September, 2009. Due to local school district conflicts, few applications were submitted in a timely manner, thus the delay in submitting the appointments to City Council. The first committee meeting was to be held in September 2009. Due to the submission delays it is being requested that the meeting be rescheduled for October, 2009, after the appointments are made by City Council. Instead of the nominee(s) being appointed in September, the nominee(s) will be ratified by the City Council. Currently the ordinance states 3 CCISD High Schools will submit candidates in the 12th grade. Since its inception in 2005, achieving quorum and keeping committee seats filled has been difficult. In order to ensure participation, it is being requested that the ordinance be restructured to include 11th or 12th grade students and that 11th grade students can serve a two -year term. REQUIRED COUNCIL ACTION: Amend the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in the Youth Advisory Committee to reflect representation of each local high school. PREVIOUS COUNCIL ACTION: The Youth Advisory Committee was created through ordinance in November 2005. A resolution amending the City Council Youth Advisory Committee was approved on November 11, 2008 and May 12, 2009. CONCLUSION AND RECOMMENDATION: Staff supports this ordinance to amend the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership and the first scheduled meeting date with the Youth Advisory Committee. ATTACHMENTS: Background -1 1 5- Sa y �=�'lik, Director Parks Ind Recreatio Department 361 - 826 -3464 sal lyp(a,cctexas. com Background Information The City Council's Youth Advisory Committee (CCYAC) was created in November 2005 to assist and advise the City of Corpus Christi City Council on youth issues. The initial Committee consisted of 17 student members, grades 9 -12, that are residents of the City of Corpus Christi. In November 2008, the Ordinance was amended reducing the number of members to nine (9) in an effort to increase participation, facilitate achievement of a quorum and to allow the students to conduct official business. In May 2009, the Ordinance was amended increasing the number of members to thirteen (13) primary members and thirteen (13) alternative members in order to insure a quorum requirements. Structure: the City Council Youth Advisory Committee consists of thirteen (13) primary and alternate committee members who are junior or senior students from area high schools. These representatives will be nominated by their respective campuses and appointed by the Mayor and Council. The Parks and Recreation Department will continue to appoint a staff member to serve as an advisor for the committee. Area High School Participants: CalaIlen Moody Carroll Miller Coles Ray Collegiate Tuloso- Midway Flour Bluff King Incarnate Word Academy West Oso John Paul (future) Meetings: CCYAC Council Meetings will be held three (3) times a year in October, January, and May at City Hall in Council Chambers. City Council Participation: Two (2) City Council members will be appointed to serve as official liaisons to the CCYAC and attend each of the regularly scheduled meetings. 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CITY COUNCIL'S YOUTH ADVISORY COMMITTEE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 24, City Council's Youth Advisory Committee, is amended to read as follows: "DIVISION 24. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE Sec. 2 -250. Created; purpose. There is hereby created a thirteen - member advisory committee that shall assist and advise the city council on city youth issues. The committee shall be known as the City Council's Youth Advisory Committee ( "youth committee "). Sec. 2 -251. Powers and duties. The youth committee shall exercise the following powers and duties: (1) Assist and advise the city council on city youth issues; (2) Conduct surveys and determine the concerns and interest of the youth of Corpus Christi; (3) Encourage youth leadership and responsibility through volunteerism and community involvement; (4) Create opportunities for public discussion of youth issues through meetings, workshops and conferences; (5) Look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds; and (6) Assist in planning, recommending and implementing youth activities. Sec. 2 -252. Member qualifications; appointments; parks staff liaison. (a) The youth committee consists of thirteen (13) primary members, and thirteen (13) alternates, composed of students in grades 11 through or 12 that are city residents. High schools represented by the youth committee include: Calallen, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody, Ray, Tuloso- Midway, and West Oso. If a primary committee member is unable to attend a scheduled meeting the alternate member will be contacted to fill the vacancy for the assigned meeting. H: \LEG- DIR \Lisa\2009 Ordinance \Youth Advisory Commiitqe]September 29 2009 changes.DOC 2 (b) The youth committee members representing each of the schools will be selected by the principal or the principal's designee of their respective campuses. The principal or principal's designee through the school district's central administration office shall submit the nominees for the primary and alternate members to the youth committee liaison no later than the third Friday in August of the year their respective campus has a vacancy. The nominee will be - - - - - - - - - ratified by the City Council. (c) Each 11th grade youth committee member will-can -serve a two -year term Moody: (d) Each member's term automatically expires three (3) months after high school graduation. (e) The parks and recreation department will assign city staff to serve as staff liaison to the youth committee. Sec. 2 -253. General committee rules apply. Except as otherwise provided in this division 24, the general rules in division 1 (sections 2 -60 through 2 -69) and Council Policy 14 (Resolution No. 21901 adopted March 22, 1994) governing city boards, commissions, and committees apply to the youth committee. Sec. 2 -254. Meetings; quorum; voting. (a) The youth committee shall meet three (3) times a year: September October, January, and May, in compliance with section 2 -62. Special meetings may be called by the chair or upon request of two (2) members of the youth committee. Notice of meetings shall be posted in compliance with the Texas Open Meetings Act. (b) A quorum shall consist of a majority of the members of the youth committee and any issue to be voted on shall be resolved by a majority of those present. Whenever a quorum is not present at the meeting, the meeting will be considered adjourned and will be rescheduled to the next regular meeting date, or to another date that the chair deems appropriate. Sec. 2 -255. Attendance at meetings; vacancies. (a) If the primary member is not available to attend, the primary member shall contact the alternate member, to attend in the place of the primary member. The alternate member shall attend in the place of the primary member, with voting privileges. H: \LEG- DIR \Lisa\2009 Ordinance \Youth Advisory ConiittegSeptember 29 2009 changes.DOC 3 (b) If there is a vacancy in the position held by a primary member prior to end of such primary member's term, then (i) the alternate member shall automatically become the primary member to serve the remainder of the term, and (ii) a new alternate member shall be appointed in accordance with subsection 2- 252(c). Sec. 2 -256. Rules of procedure; bylaws. (a) The youth committee shall conduct its meetings in accordance with state law, City Charter, ordinances, and policies and Roberts Rules of Order. Order of business shall be as specified on the agenda. Actions shall be taken on basis of motion, duly seconded, by members of the youth committee. (b) The youth committee shall keep minutes of its proceedings that indicate the attendance of each member and the vote or failure to vote of each member on each question. (c) A copy of the bylaws is attached to Ordinance No. 0281.74 and is on file in the city secretary's office. A bylaw shall not be suspended without approval of the city parks director, or designee ( "parks director "). A bylaw shall not be suspended (or amended) if the suspension (or amendment) would violate state law, City Charter, ordinance, or policy. Upon amendment of the bylaws and approval by parks director, parks director shall file a certified copy of the bylaws, as amended, with the city secretary. Parks director shall not unreasonably withhold approval of suspension or amendment." 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 , 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: September 23, 2009 By: /-06 -1 ,(A Lisa Aguilar, Assistant City Attorney Joe Adame, Mayor H: \LEG- DIR\Lisa\2009 Ordinance \Youth Advisory Commit- 169September 29 2009 changes.DOC CITY COUNCIL'S YOUTH ADVISORY COMMITTEE — Thirteen (13) primary vacancies and thirteen (13) alternate vacancies with terms to 9 -29 -11 representing the following high schools: Calallen, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody, Ray, Tuloso- Midway and West Oso. (Note: Staff is recommending that the Coles vacancies be postponed They are waiting on recommendations from the Principal.) DUTIES: To assist and advise the City Council on city youth issues; conduct surveys and determine the concerns and interest of the youth of Corpus Christi; encourage youth leadership and responsibility through volunteerism and community involvement; create opportunities for public discussion of youth issues through meetings, workshops and conferences; look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds and assist in planning, recommending and implementing youth activities. COMPOSITION: Thirteen (13) primary members and thirteen (13) alternates selected by the principal or the principal's designee of their respective campuses and confirmed by the City Council during the first City Council meeting in September. The following high schools will recommend members: Calallen, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody, Ray, Tuloso- Midway and West Oso. If a primary committee member is unable to attend a scheduled meeting the alternate member will be contacted to fill the vacancy for the assigned meeting. The members shall be composed of students in grades 11 and 12 that are City residents. Each member's term automatically expires three (3) months after high school graduation. THE FOLLOWING 24 INDIVIDUALS ARE THE PRINCIPAL'S RECOMMENDATIONS: West Buchanan Tanner Konarik Robert Ansel Junior. Activities include: Varsity Soccer, Track, Cross Country, Fellowship of Christian Athletes, National Honor Society, Book Club, UIL, Crimestoppers, Newspaper and Yearbook Staff. (Calallen High School) (Primary) (5- 27 -09) Junior. Activities include: Church Youth Group, Cross Country, Basketball, Earth Club and Fellowship of Christian Athletes. (Calallen High School) (Alternate)(9 -3 -09) Junior. Owner /Operator of Computer Consulting and Repair Business. Activities include: Student Advisory Committee and Montezuma Leadership Conference. (Carroll High School) (Primary) (9 -3 -09) —1 2 0— Alex Maingot Junior. Activities include: National Hispanic Institute, tudent Council, Juniro Statesmen of America and Junior Engineering Technical Society. (Carroll High School) (Alternate) (9 -3 -09) Lilia Ramos Junior. Activities include: Wynn Seale Academy Fiddlers, Junior Optimist Club and Volunteer for Harbor Lights. (Collegiate High School) (Primary) (7- 21 -09) Ana Cruz Junior. Activities include: Student Council, Destination magination, Yearbook and Prom Committee. (Collegiate High School) (Alternate)(9- 10 -09) Emily Paulison Junior. Activities include: School and Club Soccer, key Club, First Book and Relay for Life. (Flour Bluff High School) (Primary) (8- 25 -09) Alex Legamaro Junior. Activities include: Baseball, Atlar Server for Church and Feed the Homeless. (Flour Bluff High School) (Alternate) (8- 26 -09) Monica Herbst Junior. Activities include: Varsity Tennis, Missions Program, Acolyte at Church of the Good Shepherd, National Honor Society, Mu Alpha Theta and Volunteer at Bethune Day Care. (Incarnate Word Academy) (Primary)(8- 24 -09) Ryan Camacho John Rodarte Marie Flynn Natasha Alexander Kasey Devoe Junior. Activities include: National Honor Society, Missions Team, Cross Country, Basketball, Track and Hugh O'Brian Leadership Conference. (Incarnate Word Academy) (Alternate) (8- 25 -09) Junior. Activities include: Special Olympics, Live Nativity, Christmas Caroling and Winter Basketball. (John Paul II High School) (Primary) (9 -2 -09) Junior. Activities include: YMCA Youth and Government, Interact, Voices that Care and Life Teen. (John Paul II High School) (Alternate) (9 -4 -09) Junior. Activities include: Varsity Tennis, 2009 Young Adult Counselor for Christian Adventure Camp, Spohn Hospital Volunteer, Internship at State Representative Todd Hunter's Office, and National Student Leadership Conference. (King High School) (Primary)(8- 27 -09) Junior. Activities include: School Newspaper, Family Farm Christian Day Camp, Key Club, Varsity Soccer Team, and PeeWee's Pet Adoption. (King High School) (Alternate) (8- 30 -09) -121- Lino Diaz Junior. Activities include: YMCA Youth and Government, National Hispanic Institute, UIL Academics and Cross Country. (Miller High School) (Primary)(9 -1- 09) Silvestre Torres Junior. Activities include: Band, National Hispanic Institute, National Honor Society and Sacred Heart Church Activities. (Miller High School) (Alternate)(9-2- 09) Daniella Sanchez Junior. Activities include: Student Council, National Honor Society, PALS Animal Shelter and Special Hearts Prom. (Moody High School) (Primary) (8- 31 -09) Olivia Santos Elizabeth Wood Victoria Villarreal Leighton James Eva Saenz Christine Staiger Sararose Vera Junior. Activities include: Life Teen, Drill Team, Prescott Elementary Halloween Carnival and Stubenvill Conference/West. (Moody High School) (Alternate) (9- 1 -09) Junior. Activities include: Irish Step Dancing, Cheerleading and Youth and Government Delegation.(Ray High School) (Primary)(8- 25 -09) Junior. Activities include: Ballet Folklorico, Newspaper Staff Member, Missionary Work for Child Evangelis Fellowship and Del Mar Master Chorus. (Ray High School) (Alternate) (8- 27 -09) Junior. Activities include: Student Council, Fellowship of Christian Athletes, FFA, Nueces County Junior Livestock Show Queen's Contest, and Powerlifting. (Tuloso-Midway High School) (Primary) (9- 17 -09) Junior. Activities include: Youth Group Worship, Guys and Dolls Ensemble /Concert Choir, Powerlifting and BYC Seascouts Volunteer Cleanup. (Tuloso-Midway High School) (Alternate) (9- 17 -09) Junior. Activities include: Sunny Beaches, Church Youth Group, Volunteer for Youth Activities in Neighborhood. (West Oso High School) (Primary) (8- 31-09) Junior. Activities include: Color Guard, Drama Club, Softball and FCCLA. (West Oso High School) (Alternate) (8- 31 -09) 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 22, 2009 First reading ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII, "DEVELOPMENT SERVICE FEES ", Division 4, "PLATTING ORDINANCE FEES ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "UTILITIES ", Article V, "TAPS AND CONNECTIONS ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; and providing for severance. ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually indexed to the Construction Cost Index published in Engineering News Record magazine. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales, Jr. P.E. Interim Assistant City Manager Development Services Department Attachments: Exhibit A - Background Information Exhibit B - Ordinance H: \PLN -DIR \SPECIAL SERVICES\PLATS \COUNCIL MEMOS DSD FEE INCREASES CONSTRUCTION INDEX.2009.AGENDA MEMO.DOC -125- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually adjusted to reflect the corresponding change in the Construction Cost Index published in the Engineering News Record magazine. This cost index factor is a composite nation wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2009 is +2.4 %. Components of this cost index increase from August, 2008 to August, 2009, include +4.7% for construction labor and -2.3% for construction materials. EXHIBIT A 1-1:1PLN- DIRISPECIAL SERVICESIPLATS \COUNCIL MEMOS\DSD FEE INCREASES CONSTRUCTION INDEX.2009.BACKGROUND INFO.DOC -126- Page 1 of 7 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII "DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE FEES," SECTION 14 -1341 "PLATTING ORDINANCE FEES," AND CHAPTER 55 "UTILITIES," ARTICLE V "TAPS AND CONNECTIONS," SECTION 55 -70 "ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," AND SECTION 55 -71 "SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting ordinance fees" of the Code of Ordinances is amended to read as follows: Sec. 14 -1341. Platting ordinance fees. This division sets the amounts of the fees required by the platting ordinance. TABLE INSET: PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application Type I or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type II or IIA < 1 acre $512.00 Type I I or 1IA 1 >= 5 acres $792.00 Type II or IIA > 5 acres $896.00 Type III or IIIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field notes $50.00 EXF�I�IT B Page 2 of 7 Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $330.00 338.00 Acreage fee for water infrastructure $00 1,354.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single - family or duplex $00 171.00 Acreage fee for water infrastructure for single - family or duplex $66040 676.00 Surcharge for water infrastructure for single - family or duplex $ 0 228.00 Water distribution line front foot pro rata fee $9.67 9.90 PIIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $360.00 369.00 Acreage fee for wastewater infrastructure $1,413.00 1,478.00 Surcharge for wastewater infrastructure $254.00 260.00 Collection line front foot pro rata fee $11.19 11.46 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 EXklIpIT B Page 3 of 7 "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances is amended to read as follows: Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fess for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: TABLE INSET: *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: Street Fee ;' Easement Fee Gas—Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: *To be determined by Gas Division at the time of the request * * * EXF�I�IT B Street Fee Easement Fee Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request * * * EXF�I�IT B Page4of7 (9) Fee schedule, water: (a) Inside city limits: TABLE INSET: Size Street Fee 5/8 inch x 3/4 inch Easement Fee 5/8 inch x 3/4 inch $520.73 1 inch $432.73 $576.73 3/4 inch $534.73 $769.14 $446.73 Special* 1 inch $679.14 $591.14 Over 1 inch Special* Special* Loops *, minimum $23640 $242.00 $23640 $242.00 Meter moves *, minimum $57.00 $58.00 $57:00 $58.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: Size Fee 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 (c) Outside city limits: TABLE INSET: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $722.73 $561.73 3/4 inch $740.73 $576.73 1 inch $968.14 $769.14 Over 1 inch Special* Special* Special* EXIT B Page 5 of 7 Loops *, minimum $3544.0 $362.00 $354 $362.00 -00 Meter moves *, minimum $84.00 $86.00 $8440 $86.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: Size Fee 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71 "Sewer tapping fees," of the Code of Ordinances is amended to read as follows: Sec. 49 -12. Sewer tapping fees. * * * (b) House service line tap charge: * * * •(2) House sewer connections to be constructed in easements shall be charged at a rate of eight hundred twe twenty -one dollars ($802410 821.00) except as otherwise herein provided. (3) House service connections to be constructed in streets shall be charged at a rate of one thousand twe three hundred seventy - twe three dollars ($1,272.001,303.00) except as otherwise herein provided. * * * (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of one hundred twe four dollars ($102.00 104.00). This fee is to cover the cost of recording and inspecting the sewer tap. * * * EXF��IT B Page 6 of 7 SECTION 4. 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. EX19IT B Page 7 of 7 That the forego_ ii g ordinance was read for the first time and passed to its second reading on this theme} ay of Setr - b.:., 2009, by the following vote: Joe Adame Ft Priscilla G. Leal {-}-yL Chris Adler /4-, John E. Marez Brent Chesney /t-i � Nelda Martinez f'l`y 2- Larry Elizondo, Sr. Mark Scott ft.:3 Kevin Kieschnick j 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 G. Leal Chris Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2009. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: Deborah W. Brown Assistant to City Attorney For City Attorney EXHIBIT B H:1PLN- DIR\SPECIAL SERVICES\PLATS \COUNCIL MEMOS\DSD FEE INCREASESISTRUCTION INDEX.2009.0RDINANCE.DOC 12 AGENDA MEMORANDUM September 29, 2009 SUBJECT: Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) - Project No. 6279 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order 11 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas, in the amount not exceed $321,725.68 for a restated not to exceed contract amount of $15,228,511.94 for wind turbine modifications to achieve 120 MPH wind load rating, various modifications associated with the interactive water feature, minor kiosk/restroom building modifications, and miscellaneous other changes for the Bayfront Development Implementation Plan — Phase 1 Improvements. ISSUES: • The specified wind turbine model in the bid documents was rated at 80 MPH. A change order must be authorized by Council to authorize payment to have four (4) wind turbines achieve the 120 MPH wind loading; • Modification of the interactive water feature is necessary to ensure it operates properly and electrical controllers will not be damaged in case of a severe rain event; • Minor revisions associated with kiosk /restroom building louvers, roof drain piping and aluminum curtainwall is required; and • Miscellaneous minor modifications of the pathway subgrade, traffic controls modifications associated with 2009 Buc Days, one water meter vault lid and pavers are needed. FUNDING: Funding is available from the Bayfront Development 2009 CIP Fund. RECOMMENDATION: Approval of the motions as presented. Pete Anaya, P. . Director of Engineering Services 361- 826 -3781 petean @cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Change Order Summary Exhibit C. Location Map Page 1 of 1 H:\ HOME \KEVI NS \GEN \BayfrontMasterPlan \Phase 1 \C011 Memo.doc —137— BACKGROUND INFORMATION CHANGE ORDER: The change order addresses four areas which include: • The specified wind turbine model in the bid documents was rated at 80 MPH. A change order must be authorized by Council to authorize payment to have four (4) wind turbines achieve the 120 MPH wind loading; • Modification of the interactive water feature is necessary to ensure it operates properly and electrical controllers will not be damaged in case of a severe rain event; • Minor revisions associated with kiosk/restroom building louvers, roof drain piping and aluminum curtainwall is required; and • Miscellaneous minor modifications of the pathway, traffic controls modifications associated with 2009 Bud Days, one water meter vault lid and pavers are needed. ADDITIONAL INFORMATION: Wind Turbines Modification of the wind turbine foundations and components are required to comply with a 120 MPH wind rating. The 120 MPH rating will be required by the proposed ordinance revising the requirements for wind generators. The 120 MPH rating is the same wind rating that is required for all other structures permitted by the City of Corpus Christi inland of the Gulf Inter - coastal Water Way. Council received a presentation of the proposed revisions of the wind turbine ordinance which will be presented for adopting in October, 2009. The additive alternate that was awarded for the wind turbines specified a model that requires additional components to achieve a 120 MPH rating. That information was not available at the time of award. Those modifications include revised foundations, a halo stabilizer, a wind break system, an anemometer, and increased shaft size. These are standard components or accessories that must be included when ordering the specified model for it to achieve the higher wind rating. The cost of the foundation modification and components is $145,728.00. Interactive Water Feature Modifications to the water feature include an emergency overflow system. The overflow system is needed to ensure electrical components and controllers will not be damaged during extremely heavy rain events. The water feature as originally designed to discharge overflow into the storm water system. Discharge of chlorinated water is not permitted by the City's EPA Storm Water Permit into storm water systems. The system was modified to pump at slow rate into the City's wastewater system to prevent overloading the collection system. In the case of extreme rain events, the emergency overflow will be into the storm water system. During heavy rain events the chlorination level is reduced to a level that can be discharged into the storm water system. The emergency overflow is needed to ensure the water level in the collector tank is kept below the elevation of electrical control equipment in the collector tank. —138 - LP1L Irtnnml C\ AAIC1r `CA11Rmd.....MA •ne•!e.D1,.ADh eal1r`r111 ROn FvkA rinr• Exhibit A Page 1 of 2 Other items include a change out of the specified fiber optic lighting system for LED lighting, hydrophobic concrete additive for the water feature topping slab, revision of the stainless steel grates for the plume jets, modification of pipe routing for the chlorinator, an anemometer pole, and vacuum outlet and emergency shut off switch. The cost of interactive water feature modifications is $172,520.34. Kiosk / Restroom Building Wind bracing assembly is being added behind the building louvers, additional roof drain piping needs to be installed, and aluminum curtainwall revisions will add impact resistance for windstorm protection. The cost of building modifications is $17,607.77 Miscellaneous Items Modification of the pathway subgrade specification resulted in a deduction of the unit price. Traffic control modification and temporary fencing was undertaken by the contractor to help accommodate Buc Days 2009. The City water meter vault lid serving the Port is located in the new pathway requiring the lid to be modified. Finally, the use of saw cut pavers in lieu of laser cut pavers will result in a reduction in paver cost. The cost of the various miscellaneous items is reduction of $14,130.43. Total Change Order Amount $321,725.68 All of the changes have been reviewed by the Consultant, and their sub - consultants. They recommend proceeding with the modifications as presented. FUNDING: Funds are available from Bayfront 2009 CIP Fund. RECOMMENDATION: The project consultant and City staff recommend approval of the motion as presented. H:\ HOME\ KEVINS \GEN\BayfrontMasterPlan\Phase 1 \C011 BkgExh3A.ddoc Exhibit A Page 2 of 2 PREVIOUS ACTIONS PRIOR COUNCIL ACTION: 1. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for the Bayfront Master Plan. 2. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. 3. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. 4. December 16, 2003 — Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the amount of $20,000 for the Bayfront Master Plan. 5. December 16, 2003 — Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002 -2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency. 6. December 16, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan. 7 July 20, 2004 — Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Christi by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 8. July 20, 2005 — Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; providing for publication. 9. July 27, 2004 — Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center 10. July 27, 2004 — Second Reading - Ordinance amending the Comprehensive Plan of the City of Corpus Christi ( "the City ") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. 11. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). Exhibit A -1 Page 1 of 4 H:\ HOME\ KEVINS\ GEN \BayfrontMasterPlan\Phasel \CO11 Cent* ctionsExhA -1.doc 12. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 13. March 29, 2005 - Approval of the FY 2004 -2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 14. August 23, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005 -264). 15. February 21, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $65,160 for boundary and topographic surveying for the Bayfront Development Plan Phase 1 (Bond Issue 2004) (Motion No. 2005 -264) (Motion No. 2006 -038). 16. March 28, 2006 - Motion authorizing the City Manager, or his designee, to execute a Contract for Geotechnical Services with Fugro South, Inc. of Corpus Christi, Texas, in the amount of $32,360 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2006 -091). 17. March 27, 2007 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $1,380,079 for a restated not to exceed fee of $2,255,314 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004) (Motion 2007 -082). 18. August 19, 2008 — a. Resolution Expressing Official Intent To Reimburse Costs Of Corpus Christi Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1) (Resolution No. 027812). b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas Anderson Construction Ltd., of Corpus Christi, Texas in an amount not to exceed $14,622,748:00 for the Bayfront Development Implementation Plan — Phase 1 Improvements for the Base Bid and Additive Alternates 1, 2, 3, and 4 (Motion 2008 -222). 19. November 18, 2008 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $129,005.17 for a restated not to exceed contract amount of $14,791,114.17 for water line revisions and tie -in beyond the original construction limits for the Bayfront Development Implementation Plan — Phase 1 Improvements (Motion 2008 -308). 20. May 26, 2009 — Resolution by the City Council of the City of Corpus Christi, Texas directing publication of intention to issue Combination Tax and Revenue Certificates of Obligation in an amount up to $8,500,000 for the purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; complying with the H:\ HOME\ KEVINS\ GEN \BayfrontMasterPlan \Phasel \C011 Cor+e1r4i> f rActionsExhA -1.doc Exhibit A -1 Page 2 of 4 requirements contained in the Securities and Exchange Commission Rule 15c2 -12; and providing an effective date (Resolution No.028186). 21. June 30, 2009 — Ordinance authorizing the issuance of "City of Corpus Christi, Texas, Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009" in and amount not to exceed $8,500,000 for the purpose of financing costs associated with making permanent public improvements to Holly Road, Bayfront Development Implementation Plan Phase 1 (Shoreline Realignment Phase 1), and the Rodd Field Public Improvement District; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the Pledge Revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations with the Depository Trust Company; delegating the authority to the Mayor and certain members of City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date (Ordinance No. 028223). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. July 27, 2006 — Amendment No. 2 for additional boundary topographic surveying with Gignac & Associates, Architects of Corpus Christi, Texas, in the amount of $5,520 for the Bayfront Development Plan Phase 1 (Bond Issue 2004). 5. September 29, 2008 — Authorization of Change Order No. 1 with Haas Anderson Construction in the amount of $18,100.00 for a restated not to exceed contract amount of $14,640,848.00 for temporary fencing to allow continued pedestrian access on apron adjoining construction site. 6. October 31, 2008 Authorization of Change Order No. 2 with Haas Anderson Construction in the amount of $21,261.44 for a restated not to exceed contract amount of $14,662,109.44 for relocating primary electrical conduit @ Resaca and Shoreline, temporary tie -in to existing main water line, decreasing the water to cement ratio for street concrete pavement and providing a new foundation & base for relocating the Manjarris sculpture. 7 December 22, 2008 - Authorization of Change Order No. 4 with Haas Anderson Construction in the amount of $17,743.13 for a restated not to exceed contract amount of $14,808,857.74 to reduce perforated Park HDPE drain pipe size from 15 -in to 10 -in, provide cement stabilized subgrade in Phase 1A work area, H:\ HOME \KEVI NS \GEN\BayfrontMasterPlan\Phasel \C011 Consir4r2rActionsExhA -1.doc Exhibit A -1 Page 3 of 4 remove abandoned cast iron wastewater force main, provide additional waterline revisions at Resaca Street, Shoreline Boulevard and Port of Corpus Christi Building, and revise top of manholes and additional pavers. 8. March 10, 2009 - Authorization of Change Order No. 5 with Haas Anderson Construction in the amount of $24,478.00 for a restated not to exceed contract amount of $14,833,335.74 for revisions to site electrical and telecom plan, modification of overflow trench and provision of inlet extension at Power Street sculpture. 9. March 24, 2009 - Authorization of Change Order No. 6 with Haas Anderson Construction in the amount of $21,268.73 for a restated not to exceed contract amount of $14,854,604.47 for revisions for relocation and addition of bollards, and addition of thrust blocks at the Interactive Water Feature. 10. April 19, 2009 - Authorization of Change Order No. 7 with Haas Anderson Construction in the deductive amount of $20,881.70 for a restated not to exceed contract amount of $14,833,722.77 to provide the alternate exposed aggregate paving, additional concrete pads for benches, cement stabilization, revision of landscape edging, and additional park drainage. 11. June 16, 2009 - Authorization of Change Order No. 8 with Haas Anderson Construction in the amount of $24,401.84 for a restated not to exceed contract amount of $14,858,722.77 to provide for substitution of alternate planting soil mix, sidewalk subgrade modifications, relocation of street light junction boxes and revision of waterproofing for kiosk pump room. 12. June 30, 2009 - Authorization of Change Order No. 9 with Haas Anderson Construction in the amount of $23,842.29 for a restated not to exceed contract amount of $14,881,966.90 for temporary ADA walkway /ramp for Port of Corpus Christi Building, modification of solenoid valves for interactive water feature, addition of exposed white aggregate at kiosk entrance, and increase storm water reinforced concrete pipe from 15 -in to 18 -in diameter diameter. 13. July 14, 2009 - Authorization of Change Order No. 10 with Haas Anderson Construction in the amount of $24,819.36 for a restated not to exceed contract amount of $14,906,786.26 for storm drain piping around kiosk and revise size of wind turbine poles to achieve a 120 m.p.h. wind rating. Exhibit A -1 Page 4 of 4 H:\ HOME \KEV INS \GEN\BayfrontMasterPlan \Phasel \C011 Coa *r4*4ctionsExhA -1.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET September 22, 2009 PROJECT: CHRISTI BAYFRONT DEVELOPMENT IMPLEMENTATION PLAN PHASE 1 Project No. 6279 APPROVED: COUNCIL MOTION 2008 -222 APPROVED 08/19/2008 CONTRACTOR: Haas Anderson Construction, Ltd. 1402 Holly Road Corpus Christi, TX 78417 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 (09/29/08) Change Order No. 2 (10/31/08) Change Order No. 3 (11/18/08) Change Order No. 4 (12/22/08) Change Order No. 5 (03/10/09) Change Order No. 6 (03/24/09) Change Order No. 7 (04/19/09) Change Order No. 8 (06/16/09) Change Order No. 9 (03/30/09) Change Order No. 10 (07/28/09) Change Order No. 11 (09/22/09) Total $14,622,748.00 3,655,587.06 18,100.00 21,261.44 129,007.17 17,743.13 24,478.00 21,268.73 (20,881.70) 24,401.84 23,842.29 24,819.36 321,725.68 $605,763.94 = 4.14% < 25% Exhibit B Page 1 of 3 CHANGE ORDER (Pape 1 of 2) Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 11 FUNDING SOURCE: Project No. 6279 CONTRACT TIME: 425 C.D. Operating Department: Engineering Services DATE: September 01, 2009 Name of Project: Bavfront Development Implementation Plan — Phase 1 — Project No. 6279 Contractor: Haas - Anderson Construction, Ltd. CHANGE AS FOLLOWS: A. Wind Turbine Items: PR -043 PR -052 PR -054 PR -055 PR -056 PR -058 Revise Wind Turbine Foundation for Revised Wind Turbines. Provide a Wireless Grid Connect System to Wind Turbines. Provide a Halo /Stabilizer to all Four (4) Wind Turbines. Provide a Break System for Wind Turbines. Revise Wind Turbine Anemometer to Wireless System. Increase Wind Turbine Shaft Size. B. IWF Items: PR -030 PR -035 PR -036 PR-047 PR -049 PR -060 Sub -Total $48,513.90 ADD $24,000.50 ADD $15,499.70 ADD $15,865.40 ADD $20,955.30 ADD $20,893.20 ADD Change from Fiber Optic to LED Lighting System at the IWF. Add Hydrophobic Concrete Additive to the IWF Pool Topping Slab. Revise the Stainless Steel Grates for the IWF Plume Jets. Revise Pipe Routing Design at IWF Chlorinator per RFI -103. Pole for IWF Anemometer, Vac. Outlet & Emerg.Shut -Off Switch. Provide Emergency Overflow System for the IWF Collector Tank. Sub -Total C. Kiosk /Restroom Building Items: PR -039 PR -040 Provide GWB Assembly behind Building Louvers. Provide Add. Roof Drain Piping and Revise Alum. Curtainwall. Sub -Total D. Miscellaneous Items: PR -026 PR -042 PR -048 PR -059 Pathway Sub -Grade Revisions — West of Shoreline. Revise Traffic Control & Temporary Fencing — 2009 Buc Days. Revise the Port of CC Water Meter Vault Lid. Diamond -Saw Cut in lieu of Laser Cut Park Pavers. Sub -Total —145— $145,728.00 ADD $28,837.26 ADD $23,805.00 ADD $9,687.60 ADD $2,262.05 ADD $13,251.45 ADD $94,676.98 ADD $172,520.34 ADD $3,361.80 ADD $14,245.97 ADD $17,607.77 ADD ($1,166.51) DEDUCT $2,789.39 ADD $2,831.69 ADD ($18,585.00) DEDUCT ($14,130.43) DEDUCT TOTAL (A +B +C +D) $321,725.68 ADD Exhibit B Page 2 of 3 CHANGE ORDER (Pape 2 of 2) Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 11 FUNDING SOURCE: Proiect No. 6279 CONTRACT TIME: 425 C.D. Operating Department: Engineering Services DATE: September 01, 2009 Name of Project: Bavfront Development Implementation Plan — Phase 1 — Project No. 6279 Contractor: Haas - Anderson Construction, Ltd. Why was this change necessary? (If left off the plans and specifications, explain why). Reference attached Proposal Requests for details. How can similar changes be avoided in the future? Reference attached Proposal Requests for details. A. CONTRACT PRICE $ 14,622,748.00 B. TOTAL CHANGE ORDER (incl. current) $ 605,763.94 C. NEW CONTRACT PRICE $ 15,228,511.94 D. THIS CHANGE ORDER $ 321,725.68 E. PERCENT TOTAL CHANGE (B /A) 4.14% Project Mana er F. PREVIOUS ADDN'L TIME AUTHORIZED 150 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 4 CD H. TOTAL ADDITIONAL TIME 154 CD CITY OF CORPUS CHRISTI, TEXAS By: City Engineer APPROVED: Operating Department Director of Management & Budget Legal Department CONTRACTOR tle: .c.cs.7r?e.;��i� —146— Exhibit B Page 3of3 H:\Home\Mproject\Councilexh\exh6279a.dwg CORPUS CHRISTI BAYFRONT DEVELOP- MENT IMPLEMENTATION PLAN PHASE 1 (Shoreline Realignment Phase.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/11/2009 MEW NEN MIN MI IMMO AGENDA MEMORANDUM September 29, 2009 SUBJECT: Energy Efficiency Conservation and Sustainability (Project No. 4391) AGENDA ITEM: a. Ordinance appropriating $250,000 from a Department of Energy Grant in the Fund 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan increasing appropriations; and declaring an emergency b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in the amount of $200,000 for a restated not to exceed fee of $250,000 to the Professional Services Agreement with HDR Engineering of Corpus Christi, Texas for preparation of an Energy Efficiency Conservation Strategy and Community Sustainability Plan to satisfy Department of Energy requirements for the City of Corpus Christi to receive an Energy Efficiency Conservation Block Grant . ISSUES: Council must appropriate funds prior to expenditure. Council must authorize the execution of the contracts in excess of $50,000.00. FUNDING: Funding is available from the Grant Fund upon appropriation. RECOMMENDATION: Approval of the ordinance and motion as presented. Director of Engineering Services 361- 826 -3781 petean @cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Contract Summary Page 1 of 1 H:\ HOME\ KEVINS\ GEN\ EnergyEfficiencyGranMmdlMemo.doc —151— BACKGROUND INFORMATION SUBJECT: Energy Efficiency Conservation Strategy and Sustainability Plan Project No. 4391 CONTRACT DESCRIPTION: The contract provides for the Consultant to prepare the necessary documents for the City of Corpus Christi to receive an approximately allocation of approximately $2,500,000. The allocation is available from the Department of Energy's Energy Efficiency Conservation Block Grant (EEECB) program. The Energy Efficiency Conservation Strategy must outline how the City intends to utilize its allocation. The strategy and plan being developed will identify several key projects for submission to the Department of Energy in the competitive EEECB grant program. The Consultant will also develop an initial strategy and timeline to prepare a holistic Sustainability Plan. The Plan will consist of sub -plans for energy /emissions management, waste management, water supply /quality, mobility, open spaces and facilities. GRANT: The Department of Energy announced the City of Corpus Christi was allocated $2,750,000 through the Energy Efficiency Block Grant program. The allocation consists of a $250,000 entitlement allocation. The remaining $2,500,000 is dependent upon submission of an acceptable Energy Efficiency Conservation Plan and Community Sustainability program. That portion will result in the identification of several projects to be submitted to DOE for consideration in the competitive EEEBG. The competitive EEEBG will make available approximately $400 million for energy efficiency and sustainability projects. FUNDING: Funds for the amendment will be available from the City's Grants Fund upon appropriation. TIME OF COMPLETION: The contract provides Conservation Strategy and EEEBG application to be completed and submitted by December 2, 2009. FUTURE COUNCIL ACTION: Council will be requested to accept and appropriate the grants subject to award. —152 - N• \I-I( MAC\ IC C\/ IAIC\ r`_ CAllCn srnvCfini......../^_.....a\ A....I1 QLn CvL. A .Jr.n Exhibit A Page 1 of 1 PREVIOUS ACTIONS PRIOR ADMINISTRATIVE ACTIONS: June 17, 2009 — Administrative execution of an agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $50,000.00 to undertake Task Order 1 of the Development of an Energy Efficiency Conservation Plan and Initial Strategy for a City - Wide Sustainability Plan. H:\ HOME\ KEVINS \GEN\EnergyEfficiencyGrant\Amd1 PriorActionsExhA -1.doc —153— Exhibit A -1 Page 1 of 1 CONTRACT SUMMARY This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, 'CITY', acting through its duly authorized City Manager or designee ( "City Engineer "), and HDR Engineering, Inc. , a Nebraska corporation, "CONSULTANT ", acting through its duly authorized representative who is (name), (Title), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Efficiency Conservation Strategy and Sustainability Plan — Task 2 and 3 PROJECT" 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A ". 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". 4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services and Fee under this AGREEMENT, a total fee not to exceed $200,000.00 (in figures), ( Two Hundred Thousand and no /xx dollars) (in words) for a restated not to exceed fee of $250,000.00. (Scope of Services - Next Page) Exhibit B Page 1 of 14 September 11, 2009 Oscar R. Martinez Assistant City Manager 1201 Leopard, 78401 P.O. Box 9277 Corpus Christi, TX 78469 -9277 RE: PROPOSAL FOR CONTINUED ASSISTANCE WITH EECBG APPLICATION, DEVELOPMENT OF ENERGY EFFICIENCY CONSERVATION STRATEGY (EECS) AND INITIAL STRATEGY FOR A CITY -WIDE COMMUNITY SUSTAINABILITY PLAN (TASK ORDERS 2 & 3) Dear Mr. Martinez, On June 17, 2009, HDR received approval from the City to begin work on Task Order #1 of the above referenced contract. The EECBG application was submitted on June 24th, and approved by DOE on August 5th. As part of this approval, the City received its initial $250,000 of EECBG funds via electronic transfer. In accordance with our original agreement, HDR is now submitting this supplemental proposal to provide more detailed information on the scope of services required to complete the remaining efforts, referenced as Task Orders 2 and 3 in our original proposal dated June 10, 2009. Details of these efforts are outlined below and in the accompanying attachments. PROJECT OVERVIEW AND PROPOSED SCOPE OF SERVICES This supplemental proposal contains information for the following objectives: 1) Preparation of an Energy Efficiency Conservation Strategy (EECS) that will satisfy the DOE's requirements to receive the EECBG funding. The strategy must outline how the City intends to use the remainder of its allotted funds (approx. $2.5M), but will also include identification of several key projects which will be submitted to the DOE for consideration for some of the $400M in competitive EECBG grants that will become available later this year. This strategy must be submitted to the DOE within 120 days of approval of the EECBG application, which is December 2, 2009). A detailed Scope of Services for this effort (Task Order 2), is included as Attachment A. 2) Development of an initial strategy and timeline for preparing a holistic Community Sustainability Plan, which will include sub -plans for energy and emissions management, waste management, water supply and quality, mobility, open spaces and facilities. It is anticipated that the details for this effort will be further defined as part of the development of the EECS and submitted as one of the projects to be funded with the remainder of the EECBG grant funding the City has been allocated. A detailed Scope of Services for this effort (Task Order 3), is included as Attachment B. Exhibit B Page 2 of 14 —155— FEE PROPOSAL We are prepared to complete the work outlined in this proposal for the following fees. All services to be provided in this project will be eligible to be covered with the City's initial EECBG grant funds of $250,000. Task Order 1 in the amount of $50,000 is currently ongoing and covers the EECBG application (completed) and initial baseline efforts for the EECS. Task Order 2 - Preparation of the EECS (Completion of Objective 1 above) BASIC SERVICES Baseline Preparation (Tasks 4 -6) $35,000 Workshops (Tasks 7A & 7B) $25,000 Strategy Prioritization (Task 8) $20,000 EECS Preparation (Tasks 9 -11) $35,000 Basic Services Total (Lump Sum) $115,000 SPECIAL SERVICES EECS Project Worksheet Preparation (Task 11) Not to Exceed $10,000 SRO' Analysis for Select Projects (Task 12) Not to Exceed $25,000 Special Services Total = $35,000 (To be invoiced based on time and materials using billing rates below) Billing Rates Project Principal $250 Project Director $210 Senior Technical Advisor /QC $205 Deputy Project Manager $90 Energy Task Leader $150 Climate /GHG Task Leader $120 Energy Analyst $100 Economist $105 Accounting /Controller $95 Admin $80 * Expenses will be billed at cost plus a 10% markup TOTAL FEE FOR TASK ORDER 2 (EECS Preparation) = $150,000 Task Order 3 — Community Sustainability Plan Visioning (Completion of Objective 2 above BASIC SERVICES Data Collection & Analysis (Task 1) $15,000 Summarize Opportunities & Constraints (Task 2) $5,000 Visioning & Project Definition (Task 3) $30,000 Basic Services Total (Lump Sum) $50,000 TOTAL FEE FOR TASK ORDER 3 (CSP Visioning) = $50,000 Exhibit B Page 3 of 14 SCHEDULE Work is currently ongoing under Task Order 1. In order to keep the EECS on schedule, we would need to receive authorization to proceed with the scope of services included in this proposal no later than October 1, 2009. We are excited about the opportunity to submit this proposal and look forward to continuing this project with Corpus Christi. If you have any questions regarding this proposal, or need additional information, please do not hesitate to contact Carl CruII or myself. Sincerely, HDR Engineering, Inc. Kevin Shepherd, PE Project Director Enclosures: Attachment A — Proposed Scope of Services, Task Order 2 Attachment B — Proposed Scope of Services, Task Order 3 Exhibit B Page 4 of 14 —157— PROJECT UNDERSTANDING AND PROPOSED SCOPE OF SERVICES TASK ORDER 2 — Preparation of the Energy Efficiency Conservation Strategy (EECS) In order to capitalize on funds available through the Department of Energy's Energy Efficiency and Conservation Block Grant Program (EECBG), the City of Corpus Christi must create and submit an Energy Efficiency and Conservation Strategy (EECS). The City has requested assistance from HDR Engineering, Inc. in creating the EECS. The HDR Team will undertake this project with the goal of developing a final strategy document and associated deliverables that are high quality, cost - effective and in the best interest of the City of Corpus Christi. We propose the following scope of services to meet the City's stated goals and objectives. Project Background and Understanding The City of Corpus Christi is scheduled to receive $2.75 million in funds from the Department of Energy's EECBG program. On June 10, 2009, HDR submitted a proposal to the City to assist the City with efforts required to apply for and obtain this funding. This proposal was separated into three task orders: Task Order 1 Preparation of EECBG application and initial baseline efforts for the Energy Efficiency Conservation Strategy (EECS) - approved on June 17 and currently ongoing Task Order 2 Preparation and submittal of EECS document to the DOE Task Order 3 Development of an initial strategy and timeline for preparation of an Integrated Community Sustainability Plan (ICSP) Task Order 1 was authorized on June 17, 2009, and efforts on currently ongoing. Detailed proposals for Task Orders 2 and 3 were requested to be submitted after the City received its initial EECBG allocation. As part of Task Order 1, HDR prepared and submitted the EECBG application for the maximum initial allocation of $250,000. The application was submitted on June 24, 2009, and was approved by the DOE on August 5, 2009. It was one of the first EECBG awards given out by the DOE. As defined by the EECBG program guidelines, the next step in the process is to submit the City's Energy Efficiency Conservation Strategy (EECS) within 120 days of the approval of its application. This scope of services is intended to provide additional detail on the efforts required to complete Task Order 2, which is to develop and submit the EECS document to the DOE on or before the deadline of December 2, 2009. In June, 2009, the Corpus Christi City Council approved the Energy Management Plan drafted by Rudy Garza, Director, Intergovernmental Relations. This document defines five key components for an energy management program for the City: 1. Energy Efficiency Goals for City Owned Facilities 2. Renewable Energy Applications and Development 3. Fuel Consumption and Savings Exhibit B Page 5 of 14 —158- 4. Investment in Hybrid Vehicles 5. A "Green City" Program The EECS will align these five components with the 12 eligible activities under the EECBG program. HDR's understanding of the City's expectations and proposed approach for developing the EECS are based on a foundation of experience on similar projects; discussions HDR staff have had directly with the DOE regarding EECBG applications, strategies, and the pending competitive grant program; review of the City's Master Plans, energy audit, fleet and facility information; and discussions with some of the staff and stakeholders. Additionally, discussions with Oscar Martinez and Rudy Garza and feedback gathered during a preliminary kickoff meeting with City department heads on August 14, 2009 yielded a list of strategies as candidates for inclusion in the EECS, which have been sorted according to the 12 eligible activities under the EECBG program. This document is included for reference as Appendix A. Each of these projects will be evaluated through the strategy development process, which is defined in detail in the following Scope of Services. At the conclusion of the analysis, some of these projects will be included in the final EECS document as projects to be completed with the remaining EECBG funds, some will be proposed to be submitted for other competitive grants (such as the $400 million in competitive EECBG funds), and others will be recommended to be designated for traditional funding sources the City has at its disposal. The overarching goal of this process is to determine the initiatives and projects that will provide the maximum sustainable return on investment and to ensure the City is leveraging its EECBG funds in the best possible manner to achieve both short and long -term objectives. Scope of Services HDR is proposing the following work plan to develop Corpus Christi's EECS document. For each task, we have included information on objectives, key activities, deliverables, and assumptions. Tasks 1, 2 and 3 were part of Task Order 1, which was authorized on June 17, 2009 and is currently underway. They have been included in this scope for reference purposes only. Basic Services Task.1 Project Management (authorized under Task Order 1, included for reference only) Objective: Establish clear objectives and expectations for the project with respect to scope, schedule, constraints, deliverables and budget. Ensure consistent communication throughout the project. Conduct quality control reviews in accordance with HDR procedures. All correspondence and progress reports shall be in accordance with DOE requirements and will be part of the reporting back to DOE for progress on the EECS. Activities: • Project Initiation: Collect pertinent background information from City as described in Tasks 4 and 5; develop detailed project schedule showing key milestone, meeting and deliverable dates; and prepare draft Project Guide document containing scope of services, schedule, team contact information (HDR team, city staff and other project stakeholders), project objectives and communication protocol. • Resource Management: Schedule, manage, and allocate resources based on project schedule, budget, work plan, and activities. Coordinate production of deliverables. Exhibit B Page 6 of 14 —159— • Team Meetings: Conduct bi- weekly team meetings • Monthly Invoices and Progress Reports: Submit written progress reports to the City (accompanying monthly invoices) outlining work completed in the previous period, tasks anticipated for the next month, and key issues requiring staff attention. These progress reports will be • Project Communication: Coordination of documents and verbal communication between the Project Manager, City and stakeholder representatives regarding project status. Deliverables: • Project Guide • Monthly progress reports and invoices • Correspondence (emails, letters, etc) as required Task 2- Data Collection Round Table Meeting (authorized under Task Order 1, included for reference only) Objective: Discuss project scope, schedule and methodology with City department heads and other key stakeholders. Activities: The data collection round table will be used to: • Reach agreement on jurisdictional area and scope of facilities covered by the plan • Discuss data collection needs and City contacts for obtaining data • Identify key stakeholders and other partners that will /could be involved in implementation efforts • Review actions /plans /strategies already identified by City staff • Work with City to identify potential members for Energy Advisory Committee and Community Sustainability Plan Committee (see Task 3) Deliverables: • Agendas, hand -out materials, and meeting minutes Task 3 - Assist the City in Forming Energy Advisory Committee & Community Sustainability Plan Committee (authorized under Task Order 1, included for reference only) Form an Energy Advisory Committee, comprising City staff and additional representatives from outside the city but with input on energy and emissions for the local area (such as utilities, energy providers, etc), that will provide input on the overall direction and content of the city -wide energy efficiency and conservation strategy. Form a Community Sustainability Plan Committee, comprising City staff and various community stakeholders, to participate in workshops and provide input on the community -wide sustainability vision and implementation scope. Team Activities: • Work with City's Project Manager to identify appropriate staff to represent the City on the Energy Advisory Committee — Completed as part of Task Order 1. List of staff members is included as Appendix B. Exhibit B Page 7 of 14 —160— • Work with City staff to recruit appropriate representatives from local community to serve on Energy Advisory Committee — A preliminary list of candidates was discussed at the data collection roundtable meeting. This list is included in Appendix B. • Work with City staff to recruit appropriate representatives from local community to serve on the Sustainability Plan Committee — A preliminary list of candidates was discussed at the data collection roundtable meeting. This list is included in Appendix C. Deliverables: • Energy Advisory Committee member list and contact information • Sustainability Plan Committee member list and contact information Task 4 — Assess Current Municipal (Internal) Energy and Fuel Use and Determine Preliminary Baseline Objective: Review available data and establish preliminary baselines for energy use in City buildings and facilities and for fuel use by City fleet vehicles. Identify programs in place to reduce municipal building and facility energy use and fleet vehicle petroleum fuel use. Activities: Develop list of data needs to establish the energy baseline. • Review list of data needs with the Energy Advisory Committee to determine point of contact for each data set. Review the inventory of City buildings and facilities including anticipated near -term new construction • Review annual utility energy use data for the City's buildings and facilities • Interview key staff • Review current budgets for capital improvements • Review City documentation on recent energy efficiency projects • Review City documentation on recent energy audits Review the inventory of City fleet vehicles • Review inventory of type, model, age, and quantity of fleet vehicles • Evaluate fuel usage by department/function Deliverables: • Technical memorandum (TM -1) summarizing the findings of this task, which will be the basis for identifying energy efficiency goals and strategies Task 5 - Assess Current City -Wide Energy and Fuel Use and Determine Preliminary Baseline Objective: Provide decision makers with a baseline picture of current energy use and energy sources related to buildings, transportation, and water infrastructure. Improvements in energy efficiency, changes in land use and transportation planning, shifting to renewable fuels and future greenhouse gas emissions reductions can then be compared and evaluated against this baseline. Activities: Determine geographic and /or political boundary for calculating energy baseline assessment. Develop list of data needs to be confirmed with the Energy Advisory Committee and delivered to Exhibit B Page 8 of 14 —161— points of contact at the City. Review and synthesize data, including: Buildings • Review annual utility energy use data for the residential, commercial, and governmental sectors • Review available City growth projections if available • Review natural gas and electric utility's breakdown of their energy sources • Review city ordinances and /or building codes that impact energy use • Characterize current state of demand side energy efficiency and conservation measures in residential / commercial buildings • Identify electrical and gas providers and mix of renewable /nonrenewable power sources • Identify existing utility and /or other demand side (e.g., energy efficiency) and supply side (e.g., renewable energy) programs Transportation • Review available City data on existing and forecasted vehicle miles traveled and vehicle fuel usage • Review city policy and planning documents that directly or indirectly impact vehicle use • Identify use of alternative fuels and purchase of alternative fuel vehicles (AFVs) if data is available Water • Review available data on existing and forecasted water consumption • Estimate pumping and treatment energy embodied in municipal water use • Identify existing water conservation programs and policies Summary • Tabulate the energy data in a user- friendly format for presentation to the Energy Advisory Committee. • Identify elements of City policies and utility programs that impact City -wide energy use Deliverables: • Technical memorandum (TM -2) summarizing the findings of this task • Baseline inventories of City energy sources, energy uses, energy rates, energy - related GHG emissions, and other pertinent factors /indicators related to energy efficiency and conservation Task 6 — Determine Preliminary GHG Emissions Baseline Objective: Estimate GHG Emissions based on energy data collected in Task 5. A more detailed GHG emission baseline will be developed in the next phase of work. Team Activities: • Determine emissions factors (i.e., the rate of GHG production from each activity) from activity specific data.1 Emission factors will be derived from reputable sources including the EPA, the IPCC and the GHG Protocol calculation tools. 1 Emission factors are used to convert activity data, like energy usage, into the associated GHG emissions and thus are central to creating the emissions inventory. They are usually expressed in terms of emissions /energy used (i.e., Ibs of CO2 /kWh). Emission factors are determined by means of direct measurement, laboratory analyses or calculations based on representative heat content and carbon content. Exhibit B Page 9 of 14 —162— • Prepare emissions calculations based on peer- reviewed calculation tools and well documented approved methodologies (e.g., the GHG Protocol, ICLEI, Climate Action Registry) Deliverables: Technical memorandum (TM -3) summarizing the findings of this task Task 7A — Conduct Workshop on Municipal Goals and Strategies Objective: Conduct workshop with Energy Advisory Committee to develop energy efficiency goals and list of potential strategies. Activities: • Present summary of City's baseline energy situation and EECBG funding levels • Present goals and best practices adopted by other cities as examples • Brainstorm with Energy Advisory Committee on goals and strategies • Present information on potential funding sources • Identify potential short-term and Tong -term strategies for inclusion in EECS • Identify potential barriers Deliverables: • Agenda, handouts and meeting materials • Technical memorandum (TM-4) summarizing the goals and potential strategies identified by the workshop Task 7B — Conduct Workshop on City -Wide Goals and Strategies Objective: Conduct workshop with Energy Advisory Committee and Energy Advisory Committee to identify clearly defined short and long -term energy management goals and strategies that will be incorporated into a City -wide EECS. Activities: • Present summary of City's baseline energy situation • Present initial GHG emission baseline based on energy data collected in Task 5 • Present summary of EECBG program • Present goals and best practices set by other cities as examples • Present information on potential funding sources • Brainstorm on goals and strategies; recommend local city -wide goals for community energy public information and outreach, engaging in cooperative efforts with local utilities and energy agencies, improving energy efficiency in existing buildings, encouraging high performance construction, encouraging renewable energy systems, and reducing local CO2 emissions • Identify potential short-term and long -term strategies for inclusion in EELS • Identify projects to be considered for Sustainable Return on Investment (SROI) analysis • Coordinate Panel input on initial ranking of strategies • Identify potential barriers Deliverables: • Agenda, handouts and meeting materials Exhibit B Page 10 of 14 —163— • Technical memorandum (TM -5) summarizing the findings of this task, which will later be incorporated into the EECS Task 8 — Facilitate Strategy Identification and Evaluation Objective: Identify and evaluate up to 10 new strategies for inclusion in the EELS Activities: For each strategy selected, provide the following: • Clearly defined goals and objectives • Project champion to ensure a focus on the goals • An appropriate measurement and evaluation process, based on DOE criteria for evaluation of the EECBG program: o Jobs created and /or retained o Energy savings on a per dollar invested basis o Renewable energy capacity installed o Greenhouse gas emissions reduced o Funds leveraged • Estimated implementation and administrative costs • Potential funding sources and options for leveraging other funds /partners • Staff, consultants and resources needed • Implementation steps and schedule • Coordination anticipated with other jurisdictions and the state • Policies and /or administrative actions adopted or needed to support action • Plan for how activities will be sustained beyond grant period • Project outcomes and benefits Deliverables: • Technical memorandum (TM -6) summarizing the actions recommended for inclusion in the EECS Task 9 — Develop GHG Emission Baseline for EECBG Projects Objective: TheGHG baseline scenario is a reference case for each project activity and is required for reporting progress to the DOE under the EECBG program .The objective of this task is to establish the GHG baseline for each of the projects in the City's EECBG application. The collection of the data in this task will be coordinated with the collection of data for the development of the energy baseline developed under Task 5 and the initial GHG baseline developed under Task 5.1. Team Activities: • Define the GHG assessment boundary for each activity in the EECBG application • Collect data for each activity in the EECBG application; determine emission factor for each activity o For relevant inputs whose consumption directly results in .GHG emissions, identifying the appropriate emission factor is usually straightforward. If the relevant input is a fossil fuel, for example, it can be converted to CO2 emissions based on its carbon content and the conditions under which it was burned. Appropriate default emission factors for different fossil fuels are available from Exhibit B Page 11 of 14 —164— the Intergovernmental Panel on Climate Change (IPCC), the GHG Protocol calculation tools, and other sources. • Estimate the CO2 equivalent emissions associated with each activity to determine GHG baseline Deliverables: • Technical memorandum (TM -7) summarizing GHG assessment boundary, source of emission factor, and calculation for each activity, as well as GHG emission baseline developed for each activity Task 10 Prepare Energy Efficiency Conservation Strategy (EECS) Objective: Prepare EELS in accordance with all items details in Attachment D of the Funding Opportunity Announcement (DE -FOA- 0000013). Activities: • Prepare EECS based on outcomes of tasks 1 through 8 Deliverables: • Draft EECS for review by appropriate City staff • Final EECS for submittal to USDOE Special /Additional Services Task 11 — Preparation of Additional EECBG Project Worksheets Objective: At the time the EECS is submitted, the City must also submit project worksheets for each project it would like to be covered by its remaining EECBG funds. These worksheets must outline project goals, measurement metrics, reporting methodology and anticipated costs, and in some cases, may also require information related to NEPA approval. Worksheets will be prepared for those projects identified in the EECS development process as those the City wants to be funded by the remaining EECBG funds. Activities: • Prepare project worksheets and accompanying backup information for each project Deliverables: • Project worksheet(s) and associated backup information in format provided by USDOE • a request to bill this work as additional services at the approved hourly rates. Task 12 — Sustainable Return on Investment (SROI) Analysis Objective: Conduct a Sustainable Return on Investment (SROI) analysis for selected projects or initiatives. With SROI, the project(s) will be evaluated based upon impact to the triple bottom line (economic, social & environmental) and the results will provide relevant, defendable data and reporting metrics that can be included in competitive grant applications. Exhibit B Page 12 of 14 —165— Activities: • Research, gather and analyze all existing information and data related to the project. Most of this will come from the work completed in previous tasks, but some additional third party research for the specific initiatives will be required • Produce structure and logic diagrams outlining the benefits and costs related to the sustainable initiatives; • Create, populate and vet the risk analysis models with detailed inputs sourced from subject matter experts on the project team, as well as external sources • Prepare result metrics for the project team in a format that is optimized for the decision making that will use the resulting data (e.g. PowerPoint or Excel) Deliverables: • Draft & final reports which will include but not be limited to: o An introduction with an overview of the project and project objectives o A description of the simulation scenarios o A summary of key modeling assumptions o A presentation and discussion of the SRO! results (including probability distributions, tornado charts, etc) o A number of appendices providing supporting material Proposed Schedule Our proposed schedule is based on the guidelines outlined by the DOE that the EECS documents and updated EECBG application materials must be submitted within 120 days of the date the City receives its EECBG funds. The City's application was approved on August 5, 2009, so the EECS must be submitted to the DOE on or before December 2, 2009. Initial efforts related to the EECS have been started under Task Order 1. In order allow sufficient time to complete the tasks outlined in the Scope of Services above within this timeframe, approval of Task Orders 2 and 3 must be authorized in September, with official Notice to Proceed on or before October 1, 2009. Because of the quick turnaround for the EECS, it is important to note that all workshop dates must be scheduled as close to the dates proposed below as possible. The City shall make the best possible effort to assist in scheduling these workshops and getting the members of the Energy Advisory Committee to attend. Exhibit B Page 13 of 14 —166— Energy Efficiency Conservation Strategy (EECS) Development Timeline Task Management DOE Approval of EECBG Application /EECS Notice to Proceed August 5, 2009 Data Collection Round Table Meetings - (part of Task Order 1) Held on August 14, 2009 Finalize Committee Members (both Committees) - (part of Task Order 1) September 18, 2009 Assess Current Municipal (Internal) Energy Situation & Baseline October 2, 2009 Assess Current City -Wide Energy Situation & Baseline October 9, 2009 Determine Preliminary City -Wide GHG Emissions Baseline October 16, 2009 Conduct Workshop on Municipal Goals and Actions Week of October 19th, 2009 Conduct Workshop on City -Wide Goals and Actions Week of October 19th, 2009 Evaluate and Prioritize Strategies October 30, 2009 Develop GHG Baseline for EECBG Projects November 13, 2009 Prepare Draft EECS November 18, 2009 Prepare Final EECS & Activity Worksheets November 30, 2009 Submit EECS to DOE December 1, 2009 Exhibit B Page 14 of 14 —167— Page 1 of 2 ORDINANCE APPROPRIATING A $250,000 GRANT FROM THE DEPARTMENT OF ENERGY IN THE NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND FOR DEVELOPMENT OF AN ENERGY EFFICIENCY CONSERVATION STRATEGY AND COMMUNITY SUSTAINABILITY PLAN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $250,000 grant from the Department of Energy is appropriated in the No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. 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 , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: September 22, 2009 Lisa Aguila Assistant Git Attorney For City Attorney H:1LEG- DIR \Lisa12009 Ordinance\ORD- approp Dept of Eneig1 $43tdoc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\LEG- DIR \Lisa\2009 Ordinance \ORD- approp Dept of Ene[gylge5sLoc 14 ATTACHMENT PROVIDED UNDER SEPARATE COVER 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Commission on Children and Youth — Quarterly Report STAFF PRESENTER(S): Name Title /Position Department 1. Edward Salazar Interim Superintendent Parks and Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Dr. Mary Jane Garza Asst. Superintendent West Oso ISD 2. 3. BACKGROUND: The presentation will emphasize work by the commission in the areas of the Data Collection Project which has been initiated by contract with Texas A &M University, Corpus Christi on 7/21/09. The purpose of this product is to provide Corpus Christi Agencies with updated demographic/service /resource data for application of grants or other funding applications to bring added resources to the city. Also, information on the Community Connections event to be hosted by the Commission on Children and Youth on 10/7/09 at the Del Mar Center S. Staples & Kostoryz, Corpus Christi, TX will be presented. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental information ❑ -177- Sally Ga Director % Parks and Recreation Dept. sallyg© C ctexas.com 361 - 826 -3466 The City, Children intd Youth COMMUNITY CONNECTIONS.... ... Quarterly reports FY 2008 -09 The Mission Corpus Christi Commission on Children and Youth (CCY) is to support a comprehensive system of services and advance policies to meet the needs of children, youth and their families. CCY Commission Members o Dr. Mary Jane Garza, Chair o Debbie Espinoza o Lorenzo Knowles o Isaac Valencia o Rosa Gonzalez o Fran Wilms o Laura Smith o Amanda Stukenburg o Miles Toren o Robert Mirabal o Guy Nickleson o Rita Morlaes CCY Meets - Every 3rd Monday of the month, 5:30pm - 6:30pm. Business is conducted within 60 minutes or Tess. —178— August — October 2008 i. Hosted Community Connections Event on October 1, 2008: Community Connections Booklet PDF file of the booklet Commission on Children and Youth website 2. Data Base Project initiated to centralize city /county information (i.e. funding, research projects, information) November 2008 - January 2009 o Parks, Arts, Leisure and Seniors (P.A.L.S. Fund) in partnership with the City of Corpus Christi, Parks and Recreation Department receive funding for the Data Collection Project. o The City of Corpus Christi budgeted $25,000 Data Collection Project in FY09 and FY10. o Data Collection Project agreement February — April 2009 Data Project - Geographic Information System (GIS) • Internet based • Acquisition of information is centralized (ie. funding purposes, reports and analytical capability) • User Friendly and easy access • Ability to update information GIS Approach GIS is a system of hardware and software used for storage, retrieval, mapping, and analysis of geographic data Spatial data and associated attributes in the same coordinate system can then be layered together for mapping and analysis. GIS can be used for scientific investigations, resource management, and development planning. GIS Approach Health Literacy Mapping Resource Database Health Literacy Supports Education & Job Services Transportation Recreational Activities Population & Economic Data Governmental Units Aerial Photographs May -July 2009 o Texas A &M Corpus Christi - Social Studies Research Center - Dr. Rhoades & Dr. Jorgenson o Commission was invited to the Drop -Out Summit and participated on August 7, 2009 o Proposal - The Corpus Christi Area Youth Commission - endorsed and offered support o Bars near Public Schools - Met with CCPD and the Texas Alcohol and Beverage Commission • Interesting fact - It is not illegal for minors to be in bars, it is illegal serve alcohol to a minor Legislative Action Initial planning for Community Connections Event -181- PLEASE JOIN US!! -182- The City Of Corpus Christi Commission on Children and Youth . OC---.--0.• -- tii I, I ■ n , * ITV , . •,,, COMMUNITY arinonteao CONNECTIONS.... etionnolza2 October 7, 2009 8:30 aim, -1200 p.m. Del Mar Center for Economic Development • Staplesikostoryz PLEASE JOIN US!! -182- Ta fi = C) = 0 0 0.0'0 Um C 0 O co 1 —184— Rep. Area Health Care At -Large Law Enforcement Social Services Legal Education Business At Large Sheriff W E' as J Q p En Et Youth Services D.A. Office of Cori �mmissi� Iren ani cu E ca z Debbie Espinosa Lorenzo Knowles Isaac Valencia Rosa Gonzalez Fran Williams Mary Jane Garza Laura Spear Smith Amanda Stukenberg Johnny Oelschlegal Miles Toren Robert Mirabal Guy Nickelson 'Rita Morales 4 Ta fi = C) = 0 0 0.0'0 Um C 0 O co 1 —184— (0) • I a so. MX ICC bonds49@hotmail.com mastersq @cbtredcross.org arochese@amerigroupcorp.com robert.smith@tamucc.edu catrina @arvande.com 2uadalupe.teal@cs.oag.state.tx.us bdees.cc @avance.org 7 N snpsloo@oueJow6y bireyes @ccisd.us lisadm @davlin.net celina @cctexas.com mbrowe46 @yahoo.com jmwagner @gsgst.org IHelphelp .ushammonseducation.com Gae @jast.org jicc_pr @yahoo.com education @kedt.org jigonzales @nccaatx.org dwisnoski @nccaatx.org rosa.gonzalez@co.nueces.tx.us HOMER.FLORES@CO.NUECES.TX.US O LII�` O c N N oxanep @padrehospital.com ddies @cctexas.com efranco @ppstx.org abilleaux@spauldingforchildren.org II I _m N 4 � N L O ianeenhight @yahoo.com malvarado@thewomensshelter.org shoe@unitedwayhouston.org arolds @cctexas.com jscoville@ymca.cc.org A &B College Exposure Program American Red Cross Amerigroup Community Care Antonio E. Garcia Arts and Education Center Arvande Capoeira Atty. Gen of Texas Child Support Division AVANCE CC Chapter CCISD Mary Grett School CCISD Migrant Education Program CCISD Public Education City of Corpus Christi Parks and Recreation Communities in Schools Community Youth Development Family Solutions /Markell Rowe Fighting To Rid Gangs In America CI..... 01..R L/C Trono:Nnn Girl Scouts of Greater South Texas HELP — Hammons Education Leadership Programs, Inc. 'Hispanic Women's Network unior Achievement unior League of South Texas KEDT Education Nueces Co. Com. Based Healthy Marriages nitiative ueces County Community Action Agency Nueces County Human Services Nueces Couny Juvenile Probation INueces County MHMR— Youth Services Padre Behavioral Hospital Parks and Recreation Planned Parenthood of So. Texas /Male Central Clinic paulding For Children exas Department of Family and Protected Services 'Texas Family Connection The Miracle League Of Corpus Christi The Women's Shelter of So. Texas Texas United Way Helpline- 211 Weed and Seed of Corpus Christi YMCA of The Coastal Bend MINIM co E W .5 C co •r+ 4.7) O c Quentin Masters Robert Garcia Guadalupe Leal Stella Martinez / Brenda Dees Ruth David /Sara Ramirez Nora Moreno Diana Reyes Gloria Taylor v1ichelie Martinez dge Hammons Linda Benavides GAE Chrissy Martin Jennifer I. Gonzales 'Larry Rodriguez o IL I N x merica Leal - ontreras a) Q y CO John Lennan Janeen Hight Melissa Alvarado Janna Shoe Harold Smith Jim Scoville O _. ._ — NM Tr N O n 1 CO J V 01 O7NM V ^1 f`Oh m 0 0 e-N M st Nf0 N-OO CD ohm C y C 0 O 10 47.1 E v Z d E o w 0 CC U� O CD >, d ro E >- O w w p I. O tom/! C a 0 y � H 0 .`o Wm yOp R U E O v Q d � = p — R N y N. Q U xa .0 t Rt d !s 0 o c WO U tx 0 , Z a O V y R C O °.' i.5 .(% -Iy Ow N y O p 0 -0 0. 0 V m o f e Cf w 0 oa C 10pd, O E 4,•O ' E cc °. >' 0 o E 10 C fA m 0 d V . Q 1- d U" 2. What is your Organization's purpose? To expose student athletes to obtain scholarships 3. Who is your target population? The State of Texas outside the State of Texas. 4. How could the Commission on Children and Youth assist you ? Networking with other organizations to assist our standards. U) °-2 o O y es d co) Ew ~ t 00= 40 a Ub.,o O A m To. E O 0 t V W . O HQ CO N M 4. 0 y O v. •` as -J C H d p Q..0 0 E ' oU 0 m d��•. e `°€ ,0 20 ye,o o C 1- .a y a. C z,C LL d 1, N 4.0Q y v.. U H o CZ b a_ V �0 aon`, E 14 -0 >' `" E ��o o ea U -0 t CD eL 0,'O - U" 1. What is your Organization Name? YMCA of the Coastal Bend 2. What is your Organization's purpose? Youth and families. 4. How could the Commission on Children and Youth assist you? 1 F-. t o II II m to Ts ar 0 0 c W 0 o W v c ) U H E Q E O 114 0 c%. 0▪ . d c ,L i O 0 0 N N c b — 0 y0 •mi ... El H w •y E a O O _ d Ul � �' . 0 N d E ` O 0 'a H ,, 0 >•• 0 Ts O 0 ,� O Ta cyay0 a) m O O co d °i c N 0 co y E y; cn --° c. 1 c �, „a c.. in' 0 E .0 ea `a E E r = E c.. ai c e�, �. E yeo m 0 a. 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N y R O E . d O O C a E O C tQ 0 0 O v II .c �t)vt0 ZEE ts O He ri 'O H m or= c to O w y at O at H ci E c e E me Z N What is your Organization Name? Arvande Capoeira What is your Organization's purpose? N Who is your target population? eh Young adults. 4. How could the Commission on Children and Youth assist you? err o con ef• D: O 4- O 0 e70 co 1.0 2 R as N- M X 1 IN.�r" t°n U e') 2 tt!') 0Ed _4 i o a tic 2ttooa) 0.O- Ew,, �d 00 L V# U 0 0 0a otiE d w o 0 a w� c cr 0 CO c� `to OH ymO LEUC toyy ti 1)., .2 N '0 O 7.' 31, 03 - � ajc �V a) o (ato wC =o O W 0) y O C J p W y y N ta' 5. i.3 H () A V w E im 0s= c as E 0 �`. 0 . h 0 W0 i0aa) =E w>.11 E V. la U C o "a = a) a) 0 to What is your Organization Name? The Miracle League of Corpus Christi Special needs children and adults. 4. How could the Commission on Children and Youth assist you? Spread the word. s 0 'a �(5 0 E N2 0 `..c 0 Vc o V e y E w 0 0 0Et,' i••• ca § 0 oo c Inom 0 0 E P Ef, �, m E. as Eon la c• N 0 0�p S. Z i 0 el-0E o m A w V E >- i 0 0 „w O (1304- = R 0 v E 'o O O x di c > •y C.• 01 O 0 et et O re 0 d c O = 01 • ° i. ,Q d CO D o P. m o ` = y 0 o Ei = w E = c.. 0 I o> O c ca 0. , 0 0 =0 o O f ° a z v 0 .0 = E u E c • cco o = _ o O tiw p O 0 0 ° o 'E0 0. r N .• = C w O N O O .c = J V O d _ N v. CU y. C V N = 'N Q. O .+ E d 4' t * p r O M O C 0 C O G• a E O 5 O M R . N L as 0 d d 3 d C . o d cc C t O C 2 < 0 O a C= a„C w3 H 0 RI o m O _ A O c ° •O °O E c .a°M r E 10 E a m ... ° a c = o O^ c E 'p ° u ° m ' _ 'o c, O orr� O C m O` V! N M 7 A �- 7 O C �' 01 N M O1 0 E C Q .! m > N m$ v N= H.E Oi cC O add t6 Yt R 0 = 0as 4-' ='ntKc o �• 1� o .c r N M 4 A W d 0 h ►2 O O d co t C ,;a a d ••• >, 0) t 0 .r •H y = y ' ' A .. Ew 'w c o E d oob g0 w d ; oa: O (. . E y m as E 03 "•' al; ` - ,o ta n E N > 0 4-' ,O o y' o 6 0 O CI) y d O C 3 d CU C CO y b! a E C .M c C� N H w 'E 0) H 0 .00,_ O. C O t0 p. lz O 0 t E o '- �., �. a Eo c.-. Ef �asE E-_ c.a i,, C °O °o UM O ° CM 64 '°� a': = o.:.' w is fl H w v. z IR N G c O` 2 m M. .. 13 o ..• l4 tab a .�+ .y = C ,. O.0= NO N 0 E =p ti •p-� Cp •i p •0 (5 c y ..+ 'p E i ra E E a s m a1 E 0) d o ° aS O C O m p o _ .Q Q1 N V 3 d so U! E *`).-0 o d O. o.- 0t E E N. '60 O H 0) w> a-V E m >m E >mo � = o Ergo_ . ...ra = m 0 � (5 E dm �o Hda wQ. odd d •a L 4. , -- 1-. -- o 4- i .r a y ' x d 1E3a tvo . t0 .iG v 191s e.• N M of I0 N d 0 E d' 53 O = Oo,- = yC L ci 0 zdm0 M 0 0 o co 0) N CO 01 O Q 0) -0),- 0W ° NOSO .state.tx.us O N V What is your Organization Name? Avance CC Chapter What is your Organization's purpose? N Provide families educational programs. 3. Who is your target population? Low income at -risk families (parents & children) 4. How could the Commission on Children and Youth assist you? Assist in marketing and telling community about AVANCE services. 0 0. al E d vi •0 m V C. °E w E' o as c O • E o .c O= ▪ .0 es t E c rt 0 * a 0 T a.c r-o m c M • , co gig v I- - 00 ;- ui le co o -- co 'E o E E p. Eo E 06 e''a� a 0 vr O .d C i >' . C ym0 H Y UIn • 'ta do E.e� is w a d 0 w. o 0,~ w 0 C _ rn d3 U�,E '•a'a_ w a'm d Aa .01e� 0 r-. E a +,-o ff y� U E 015 13 �• = m s- 0 � 4:12! �a y °c m m otS= uo v� (1) = L 4 0 ....p :92 �. m >, .a o = a E'a dip y"' I i ° I 'C v a° o. t m N m m d 61 09 c w �V c ��� d • v Cr) .0 o 0 ,) o E E o r 0 z • -c jn o 0 • Q c e.� E' c o c m 0 y .S. 4... c = c ,., u o m .+ o 0 'NJ O y S L w }' O 0. O . w t C= 0 cc O N 10 w_ 0 'O N E N a 0 'a E 'a N W a# E . m o. e c m c c a ct E °' L. m` t E 0 :� E w H m u- of a E' 0 `s ° c.0 a n 0 E a c ■ 0` 0 0 as 0a 0 ` a E 0 vaT� E U m X y�` ■7 =- ,_ 11 cc w o N 7= d cat. ~ E C C O. >, 0 >, •d+ O 0 °tS = to ` >. c >' ►. et 0 .0_ e H m e 0 v) 7-V o E C -t m�Hr m0 4- K U 0 Z)" H '''= _'n tti m\ es m n: 0 0 •= at d r V CD 'CI t .c 1- t F- = U 11 i •i d ... U 0 U N- 192 -r; wi u; o • (5 a Huh >, • C •E. - H E cc E 5*'` en aEi O o y a 0 N. c a 0 m E .c o m >, of o a O *. O O a+ c . H 4. C. •-? O V. > Cn • O la H ° Cr) la d u 0 w� 'o r• d c �+� � a .y am ' r' u• , a uu 'ca 0. c a .0 o = o� >. • t°c E° a u; r c m oo a. m `' u a O yce z.0 H— - 0 3 Ea `m 41 'a H C C C E m .0 0 to C t U Gd al 'c i s 0 O 3 It '7) 0 u- E a is 4, :.. >. . w 0. .c N c 'a m ++ e �o o .a C O �— H m o C N E 2 u4 a R E 40.7. c L d y "?' o w O c ti ( x m c E n' +4 d O 'a O U ..- c ...: a s Of „_ F2 F- an O C a p oo r� 'a E -a E cc co 00 y O �, O L ..- C . U) b`i C 0= v rn c" c, ta O = C O` O O .2 0 .0 'a ca O d C i n h ti c C U E= d N d >, w 3 _c H o 20X0°' m v_1 w O co L V - K �+ �O a V •C w C. .QQ T. r r- C d 'O t d Rf �. 0 .0 d 10 O N U co t0 .0 V y F- LL Q = 2 LL et U r • T. N M 1A What is your Organization Name? CCISD Mary Grett School 2. What is your Organization's purpose? O us 0 0 F. a y d c L L c 0 a >' H 'a O W ta_ Youth in Corpus Christi Special Needs 18 -21 years old. 4. How could the Commission on Children and Youth assist you? Special Needs Agencies. E d N H .a eu ▪ p• iv o ;a • y s ao c N E o c c — a d o• f � c o °' >,c Ht • cu• m 3 ▪ d vim. o"ro� C • E. gzw C'1 Z V e O H V • y O a. y g O • la la 0 O t(5 v N • d M O ca • 0 ) y •► CO � u CO O == 0 y ▪ c o d >+ >+ w O .w A g 00 is g fu U 0 to s U W O 0 °>+ H m E ea s y S. N O 0) d > vs 'Q .a as 0- C fa C v O ...+ 0) y) w c' v_, >+ E S 'u) 'C . g L M C '5 L a O ` e- 0) Q- .a 0 = E E 2 c C 0. C O O N U E a` a to c 0 R E >re c = c z 0 c c = c cx O ac 0 = 0 a) E 'H w t E i «+ lv = 'O 0. y c T3 (5 N 7 N tie) 0 0 - C a E o .a °. E 6)v o a .a O) _ 0 i r O .E c"1-1") . 0 2 0 w 5 >a V 0 p 000 = y N H V H i 0 C H 0 C C c O -0 (0 V = g to L co C1 N N tri Ogg O y' O O o gs i R co m,o at RI a) ay, ooc i .0 w c)c d O V >+ O CJ gitg 0 0c >-. d- • >+ w V g L O c to 2 • 0 ie . C3 N 'C = Y Ch (5 C O y 0 v.. O O— al to .., v O � c y y y N .E (2. 2 O' O + . CI . +I E c . o-13 • L g t o '12 c o N y CO >vp g P , L E 0 O O o • ° c E c▪ 3 C L o g to E rn a) g O Z N c a, c c.c E c a, O G ;� L p y 0 N g> 0 a .2 • CD N 0 ((5 ▪ AN :2 • ▪ O E a r C a m ' C • V to R O O CC 0 00 . O) d of t>. c p to G w C E .-. a y g = g m °L ° O to gi o . > RI = a3 a. E c E * ° (� a m co = 0 E ..tr.,,, p c 0) c O 3 0 O IN0w C co X > O > 0 A= N o0 0 _ ° d • • A, K d U g Q. ( c N E. > 0 > r L N t � .c U) .c • LL LL. 0. ; d N t d Q N U (C Q 0 z _ �°, r► v N N -1 9 40,1 a ifi (3 C O 'O' O y �. , w L.0 .a>+ C 'R L forchiidren o 0 .Z 'r o'"� � _ m.. 0 c.• m C N C h d p C O 3 (C C E = O E= N m d L Z aNi o o C C d dips C N d +•+ W O o 0 E 5 c= w. - m L a C Ud diQE �.mOma} 6 N 0 +'O.. C� U C '� V> O 3 p2 J d e, 0 0 :1-, O O a) 'C N Q L 0 0 C s '3 N d '� 'p C m tro C 4. a_ L C CO In O 0 G=i C t d G O !a U d Q C O m i1 N N E 'C c a) V (l)N .0 W r v.. (%•E C Cs E R C c >. CO MI (13 7 I.... ell yCOE E °'m0EcQ.m=c t �� •ra N a t p m 3 0 a o` O C1) RI C Rr� ai Q-a o m>�c U o cS► U 0 a Doc E w ca).- d o c%• CQ °o o c 00 v� ..5. .o m H au m� N,�� c • 00 m ar >...o O d N Z C„ 7 0 a� M . a o u, E m .- t O d d U H U N +. V w 0 p o O .c.2 w m a 3 'N - w a =m O =1 ca 'C C,-03_'a V aa, ,u) TI G V1 E _ Jr., O N s> cTe 0 0 D E H 0 I E Z E��'N ica pc mod' oom� '"c Em .m+� d MO 0 3 i O d P C C1.'= :,,. Co O> p� d V Rs c O = r a lc; Q E ).>-� O E O= a).9 =� 0 �`a E m y ut J�r,°o rn 0- E 'yts S" I- Rf L. cu .5 u0i y ate. O r1 a.ID CclO19 W V E 11 Q. C C o> u; m >,08 v► o= = d O g =r00. � d V N c N d o a_ is �' m O c H d x a c Z a .► C .- .Q .4 t .� a� '> .(6 c v 0 of °PTO C ro ct C�� m !a m°', =Rand o0 3o mE �Ui`°rs °4= 4. .c H a �S.� $ E.c N _►- c erU co m N M IS Mon. - Friday O E 00i RI v' W as -0 O C V. to aa) e d o E r u n E c 'o = m 00 0 o 0 d ►E •o ti } z 0 woo ea � c U) 0 0 7 y 0 Mu. c m O O i- Nr:. 'C m Q N h a) O y 'C c .0 ct U L j o_ ° a� o z o as _ 0 1-, a) O. 0 a. w E WN yCRm E C C c >' +'O -. V C.) .c �+ v. m a p 0 = ` J d W = C 7 1-). c 0 N.c O o c .2 a N E 2.E a c o v H E ._ .o W (�/� N -1-9. i ,Q .2 '= Q. E cps '5 a U H ()m 4... O m d) d a o C d ° N E = C! 'C a- C U '~ O i M c E VZ' ow m O w 0y - d . ° E u) cs,v'o O c w O i .. u = 6. m a. .L L. 0 er ca E y >' ›..c9 >, m N >,0 c m acoVo O C "0 0. O .+ v 0 Q cs i §� B �a� 0 0■ 10k $ 4= \ -c\ ¢ .c $ $ o o E 2 o WJ �$$ 0. >- \ « 8 E § o �k§ k�2 �. \c m $� 0 ko ■- t 0Q In LY- 2« ® - 4 a a & § § a aE �: �aa § �5 0 c ®& m E & e 2 O ° O 2 2 2 (0 % , 2 0 ® § 0. 0 0■ V/ ���� k �V) E E EL (13 o &c • o >, e as e U ■ 0 2 2 %� @ ■ @ % c u. E 0 (0 /0 k2 '� § b�ke� ■ ■ 7¢ ■ea _ o .t. -- Q „9 1. Ci Whi w E. Who is your target population? Cradle to the grave. 4. How could the Commission on Children and Youth assist you? Connections, partnerships, and information. / ■ 0 .2% E c 02 - 0_ 0 as . 0 0E E—. f c0 o / >,© 7■ss 2§ C -I x = 2-R .Cas Q. 2e- ui 1. What is your Organization Name? Parks and Recreation What is your Organization's purpose? W To help families connect with services they need. Who is your target population? -1Q- Youth and their families in the community. 4. How could the Commission on Children and Youth assist you? Provide information that can assist with our services. 7 • M N C al O E N 'a 0. L O C 0 00 O .0 E 0 U What is your Organization Name? L N C xl E a C 0 o C .> to N • .0 a O 0 V 2- CO = a 0. c e cl- :a w a L ( p R 4-. 2 • N L C a Ts •0 m 0 E as N m c a c m P '- N >. '> a i N 00 L E • a ti cs L 1-- Who is your target population? Children, adolescents, and adults. 4. How could the Commission on Children and Youth assist you? Help spread our services into community. E a N co -a -a aA v o N .0• 0 0. O. c O O 0 m E' c �a a L c • a • L • E • c O • a (00 ea • a ▪ a I1 L Z U 0) J O E O NM U 0 •_ 0) oU U O c C/) C Litt- .us w � 2 U 0 U O • E 0) C N V To (0 d xI O O >, , y C • 0 co ; C H 'E .0 w ;+ N c 'in ` a I 0 0 y = a O 0 Ns Q 7 .- N w d Q E E >+ w V E It Q. } 5 L. y � 0 'a a 'O LD' 0) 1i O 0, 0, 3 > 3 ma N 0 ..0 • a = C • RI IN IN N 6 e c W a N R � L V a O s ac e N ='Ip E o a a C 4 t ,o �°'1 _ )(wh E . ` >+'O ! NZ 0. ''' -C v o a 0 C a W o a N a .0 C c 0 0 m c m .0 "lC 10 t E N (� c co Y'C O Q W o o N a c 0 g E O 7, co N ( O y Z N N� C N c tt 3 a E C 0 N N c OD . o O 0 o s o O N O L- o x ti E a 0 0 r0) V. N N o H= E in m O,_ C O c E .0 V V p to a N O Ci c c 0 O a a 4. m cO ili «Olp UM ^ b O ` rn c �a O v: 01 N C al E r 6. O ` o a `- N O a u a = v r H > .:S1 O a o .s.0 N w .0 ga.- lC C + a C o p = O ==Ns =a . E 8"E N 4 a O E ..+ o - M s o w e C co tom' U E- 4 >, oo c >, CI) 0. E d • ( E Q 4 N i> V 0 a 2'4;72270 .0=a) a om 0 a N � h. 74 0 CO H w r aa 0 m ct U►.�1 = a ..-0,0 N —1 9 ui 1~ z O • W 0 W U 112 cZt O '0 = F. CV O w o 1- 0 c ✓ O j ✓ H Z E E • V V What is your Organization Name? Community Youth Development What is your Organization's purpose? N Who is your target population? ri 4. How could the Commission on Children and Youth assist you? Help get the word out about the program. E 0 N 0 'o (5�. ✓ o ,(0 • 0, =o 00 To' co _ C .1 c O A 4—. 0 .0 V E o c 0 • 0, (0 0 w� ma =as N O ✓ cts a Q us us 1.4 N K T.:OO d a) N. to ' � W r5 0 N V cc 0 N0-� V U t W c ▪ v z y • c o .cc c C1 ` I o. :E I • C • O 6. 0 C > O V H 0 o U O N O 0 >. rr O E W O . (0 ` 0) ▪ N N • C d O • -0 -0 N .0 05 t^• 0)i as 0 V c = C c w Iii = O Q.0 0 03 C r --o •r m V R c 0 w c RS 0 O RS H e6 0 = c = E 0 c O 4TO = o ce o �, - 0 t C E d H d 0 w w t D. h• H = C-0 C r. CJ 1.. N ea E as = N Rs 0 •E p ".' c . 0 0. O E L R RS c E L as el O at . C 0++ i O , , m 0 a) O.0 UQ NO E O 1a0 O� 0 0 0 ` Oa t ` �. 7 d LT�N7L E y� c v c E ,c? o c �anr i E • c c o >, v, >, 0 o 0 L >, c 0 • E E. O m 0. Yl v M •= y 'O O 0 47 0 .L • X m c a1 .w+ W ... O V Y —.c at M~ r O CI) m` V t Z L d 0 • o o 2 t 0. E U M O d .cr d 2 �2. QcoVoo Rs v" N — 191x+- v ui What is your Organization Name? Nueces County Juvenile Probation What is your Organization's purpose? W PROBATION SERVICES. X L 2 w LA. 0 k c k o 0 0. - E > m k 2 ¢ o k / w k k 4. How could the Commission on Children and Youth assist you? NETWORK; RESOURCES. E / • _ '5 >tk to o (5 7.01 E% 2 ■ 0 k0 uE (5 0 © 2ƒ =0 6 ci w Xv)k0 -JcoM,u 0x2w NU -2 CO.NUECES.TX.US 1,14 0 -J W L 0 0 0 0E0 0 rts (0 2�0 0 . L E a = 00E. o a a 4.12o 4.i § %2 0 B%■ o a2 n2§ t2a cm E L o ( *2 t& ■ 2 ■ o ra %St OS§ / ' - 0 .8kk $§■ 0 » 22� 00 What is your Organization Name? Family Solutions /Markell Rowe What is your Organization's purpose? w Teach parent education /family wellness adults and children. Who is your target population? W Parents and their children. 4. How could the Commission on Children and Youth assist you? > § to E ■ E o - , o -a a as ■ 2 • o L 3 _ LU >- 7 -2 • 2 as vs k § 2 c3 J EE 0 o § 2 0c 2 z.$ @ / 0 0 0 ' What is your Organization Name? Fighting to Rid Gangs in America What is your Organization's purpose? W Drug Prevention, and Education c 0 . RS 0. 0 0. & � 0. Youth between 6 -18 years of age and their families 4. How could the Commission on Children and Youth assist you? What is your Organization Name? Nueces County Human Services What is your Organization's purpose? W k .0 0 $ c .0 0 % = % 0. 0 a k @ ID 2 a 0 . >' = o $ -2O- Low income. 4. How could the Commission on Children and Youth assist you? Resource listing. co.nuece What is your Organization Name? Nueces County Community Action Agency What is your Organization's purpose? W Community Action in Healthy Marriages Who is your target population? Premarital couples. 4. How could the Commission on Children and Youth assist you? Promotion of our program. / 2c. v § . w 0. a 0 $% E § �2 §. � c ■ § E § o / . 2 0 E 0 £ 2 cx >- / • (1) 2 § k & 0 � o0 U o c Lu �— - E E v $ m 0 / o a) § k ■ � § § o o ■ .Z© §k2 c 0 a ■�■ w S/E 0 k k %2 0 ■ ° 0 c 2 w 0 § 02■ ■ E 0 V ■ ■ S. ■ ■ m %§� P $i§ E ' >P E aka I c ■ RS la 'IF. 2 0 E% What is your Organization Name? Flour Bluff Special Education— HS Transition Prog. What is your Organization's purpose? W High school students with disabilities. 4. How could the Commission on Children and Youth assist you? Information on resources for youth and families. 0) ;E. c6 O d 1 ea 1.) 03 • 1n 01 C 03 0 X ai a Ts 7 C E w = 0 z O litit 50„ 0 F� >, � �, C t0 N N N i as L_ C9 .0 m N Who is your target population? 4. How could the Commission on Children and Youth assist you? Help promote Girl Scouts. 0) c 0 L o. m d w al c E 0 0) fa ui 0 V Q. E V a M `o a E N - Ti v U E 0 ai '0 C o o� `o c .c N O> 0. O C L~ N LL E w O O L .q. ' CO :40 w E E Ni. = N ` 0 0) OE! p 01 C fn 0 C O E. ` O [6. l0+ N 11 o. v0 Ec O s .=o 8 C • `OJ C z- in. � e- 0.c m0cr��ln 7 i M H o 0 Q) "U ><�c' E as Z V i r~ u) H It Z E ig 0r.U!1E E C N ct 1- L W 7 cc y la .c C ` 'O 1 at `I U UJ C o c W •'W Q H pp E • U I o o U O U W U O e O o *0 0 C y 03 d 0 E_` a oor c V N0 ° w�E y O v. Cl) 0 4..4 +Ip N �1 4 m E 15 et O en v y ICI c a �$ CO m O C Z." o r �' 3 m 0 E o >; co 15 U ; d y A• a1 O o >r..• + N 16 d y d > la cc w c . c •o 'C 0 0 O o as i 0Ec o c •- (4 O C 0 d O Ec O w N E •- 3 0 o V E 0 >., *+ E N C p y O V. a Z c lahO rc O n 0 E I:- o v0,.0Q2 pC W p) c O) E 0 c p 0 0 p W E Q •C (j.0) Y N w E•E E m o e e E ee(o 0 o m 0 0 E y>- E 'o o 0 Ema e a)1 � r 0 H 1. What is your Organization Name? KEDT Education What is your Organization's purpose? N 0) 0 • t0 0) 0) a) t4 v 0 0 ats 10 K t D 0 c =E m`0 0 Who is your target population? M 4. How could the Commission on Children and Youth assist you? Let community know of our services. E a) H d ;es O a � s Q. Q. C O O o E O 0 s C c co `o c0 d a0 C g, 0 0- O fn Vi X Ai ws i~ 0) acia) d N w .— •fl 0 e u) D av c O 0 c W V 0 Q E E O U O (0 - O (0 y w E 0 E 0 E 0 O u o O 0 O co H t0 C Q E 0 0 as O 6 w b a, N �+ O O Q C m tx 0) Lac; O (na) aa •0 y V 0 w C.0 eti 00. >► 0 E `e= E O t 0) H U E — E 1- N co 0 0 o tw >' (0 (OH d rn 0 C 7 L 0) c; E v a (0 0 = C N i. V 0 C Q 0) V O s 0 c C a) 0) > N 'O 0 s a) (%. oo In '0 0`) c •r c a 0 0 E. a+ 0 t0 ci N c y. E 0 = c c o = c o o w E Z 0 W t0 0 "O c c to c = H iv = O nst 6. o = m 'a o 0 0 0 .c � � 'y '_ ,� s ti N 0 co 0 .y N H •.r C Ti V p) O L s a) 0 ca O .0 C d a E E 0) c _ 0 o12 0 l0 O 0. 0 O E 0 ;t0 (0 s a) 3 u o0)�oo O IS a) C 6. to w 0 ' C 01(5 ; ...,1-.- t= C 0 U O = 0 Q is .0 +-� p t CO m >. 0 N O= >. 'G o y y C = N M E c �+ cc ,►+ 0 •.0.. G� 0 .i+ t E r. F p0 E CIS Q � 1a p!!) O 1 ; 0 CO Q. OS�0tp0 cO .0 0 . ~'O E 0 V .w court 0 L randecom.com 0E (1) 0 CD ti come. 0 0 O O A 1 to N ..... y c y C d y c R1 C h ca 41 C L >- d N 0 E N as a1 y E c w F C1 R a N 0 ca O O L C co Z V 2 2 >- .0 !C .0 >O ,t d v 0 O °' y C — t9 � 'p L P. �! v. u 0. 1a to C �'c cc .. O z p N �O N N '0 M In d O N o c al 'N ++ L c C re 1yC d a) c.• v 0 > L o 0 N'fl c 1 •...Q 0 0 C L N O c 0.= ' 1 . L 0. y M C w w U C 11 E O a : P c , N O1 Z ► y1 0 c c° E .� u m = V C o = oc itO to ..,..2 c u c o o o p oL =,a ' 'O H y m C O C = a) o E 7 N �. O C C 'O E T) y c O O R:8 :r; C C ‘1. N U N C d w v ZS N N N a II: 4...' CO O= c C E 1.,= O. E Om w a: Q1 E E C w Q o 0 N o O 0 v v- t0r to C1 d L.+ QE o T N = e d o a M 0 7 R1p0 E 6. cc r N L E y� = W . r 07 wp us tL C > p O a1c c aa, 'o o 0 m ` -•1 C c O >, i >, N` 0 >, O = G. >` c Catimm- V -0 c L t r = i m L Q H N p Q o C . N d o Z (j M VX r- M _ 17 L W V h • !• M et u.; OEa) iry 'fl O iW � O a) O O L - 7 V 0 o '-0 mia ,p Z Z H.. u H e U = y o11. •` R1 CO in a1 O 0 E R. C O RI 2 In d in v y;aE E. 5 C "E 412 o co O . O ta O O c Cho In cM- O Q'Q h e G V E Cr m O G c � >. c so 0 c o B i -. = p a1 E y>- E 0 = O � zcl) V H 1. What is your Organization Name? Junior League South Texas d N 0 0. 0 C 0. N . 0 O R1 7 w 0. N 0 •c a (a (5 En a) O 2 16 15 O p co N ea o 4. How could the Commission on Children and Youth assist you? o E a) as o 'y ig 0 th to C 0 d O O 7 ci + a o E • E • co O C y R H C CU .yw E N 4:1 E O y c .2 .a y r▪ ti G • vi i$ V m • O C • O 'C Rf • R d E wy >- E • = C 4 •RS C d 0)P .0 ••••• U y s >. rr (0 E • V N Q = i Z N 0 O O- is } •0 RS V O'i7 C �► N > C l0 V .. O w 03 C 'a C E y E C•• ) Vi _ Z a1 c Q oi co �, c :c o 0 0 OE of.= C ` a ,+r la 0 0 ,! 5 z H .. E c w c c E a O 0 . C N = (0 N L t4 O E p, fA r c E N C d V O • E w MI C C 'C c7) .t1 l> Q , ft C a as a CO 5 - Ra E 6 E 2 0, 4 a) -5 _Ca p, o C a) c0 d C V a)m O O a L ` E w 'a E a) t t`` O I. psi" ' N .c :E Q C CO o o t = 0 .i o c 0 a CO r a O Q 0 V O ` 0 1 . 0 O Q Q m rs C r C >. , >' N 2Q >^ ,- >• M H O Vl ` N . V E H Z O Z PY N c 3 : Q U cc �a . -) .cc E aa)i t Y 0 1— .0 d �mU�c. z 0) 1- N u- 0 0 a What is your Organization Name? T Hispanic Women's Network of Texas What is your Organization's purpose? c a) w- E O 2 Y c4 y ✓ C co - L CI? .2 a O > W V ii .c ) �.. "- 0) • O C: N N V a▪ ) • a) ' >_ 'a N� o mu) -o c co 1:3 ▪ ft) • o a, E r - 0 o o• 8 Ca o w• e' c __ • • c.) N C Q N N _ as co U d O1 Rf p Q Q :a to a 15 ..- w ' E o a:� 3 c m >' d Q °' c E H c 0)00 o 00 va a) • z –205– eh 4. How could the Commission on Children and Youth assist you? 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Garwood Presentation STAFF PRESENTER(S): Name Title /Position Department 1. Oscar Martinez Asst City Manager 2. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title /Position Organization REQUIRED COUNCIL ACTION: None PowerPoint Supplemental information e 1- k 1 u C 9/17/09 Draft Ell •. 0 0 V E V co c 0 o E O 0 0 0 D co • • III ■I "ci: E cu VI ._ 0 z • • MN ., 'a: V 0 >ft V • 0 w • • C c w 0 O V in CD CU C 0 c O V co OBE • sip i O 0 CC Rs .- 0 1 v) n • ) 1 0 tr) to E H 0 co V LL • o 1 0 a ,o 0 0 z V 0 .. e D 0 J • V c k To • y •' N U co 0 -c 0 J • V c 0 V V s- o F.. cu V i co c LL bz c •- a. 0 Tu c.) • • — CO 4-+ 0 • 0 w CO r Ci L PI 1 0 • .■ 4a E 0) E = 0 M 0 O rA C 0 J■� 0 Q. • b 0 • • a-+ GJ W 0 J 5 W • • 0 0 Z 0- 3 bi) rA 1118:74t 0 c J w. • 1A CD Z 5: 1 CD C'D L e- 0 u ca 0 ._ Gi. 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