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Agenda Packet City Council - 11/10/2009
11111111111.1111V 11111111111111/ klasolftrOgiurgo A November 10, 2009 11:45 A.M. - Proclamation declaring Tuesday, November 10, 2009 as "Lynda Jones Day" Proclamation declaring Saturday, November 14, 2009 as "Corpus Christi Recycles Day" Proclamation declaring the week of November 10 -17, 2009 as "United States Marine Corps Week" Proclamation declaring the month of November 2009 as "National Home Care Month" Certificate of Commendation to Clark Waters — Gabe Lozano Certified Golf Course Superintendent Convention & Visitor's Bureau (CVB) Presentation of Brad Lomax "Spirit of Hospitality Award" to Mr. Peter Bryant AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 10, 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 Reverend Steve Fieldcamp, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting November 10, 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 October 27, 2009. (Attachment #1) F. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008 - 1473 -UCR, SOAH Docket No. 582 -09 -1170; with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) 3. • Citizens Advisory Health Board * Park and Recreation Advisory Committee * Reinvestment Zone No. Two Board * Weed and Seed Steering Committee H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. Agenda Regular Council Meeting November 10, 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: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 4. Motion approving a service agreement with Mueller Service Co., of Plant City, Florida, for a water valve inspection, operating and repair program in accordance with Bid Invitation No. BI- 00141- 09 based on best value for an estimated annual expenditure of $53,928 of which $40,446 is budgeted in FY 2009 -2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Water Department in FY 2009 -2010. (Attachment # 4) 5. Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina for the total amount of $232,071.60. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 5) 6. Motion approving the lease /purchase of fifteen (15) riding mowers and purchase of two (2) riding mowers from John Deere Company, of Cary, North Carolina for the total amount of $202,779.57. The award is in accordance with the State's Cooperative Purchasing Program. The equipment will be used Agenda Regular Council Meeting November 10, 2009 Page 4 7. 8. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) by the Parks and Recreation and Wastewater Departments. All seventeen units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Funding for the lease /purchase of the equipment will be provided through the City's lease /purchase financing program. (Attachment # 6) a. Ordinance appropriating and approving the transfer of funds in the amount of $150,180 from the Unreserved Fund Balance in the No. 1020 General Fund for "one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing appropriations by $150,180 in the No. 1020 General Fund, and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $150,180 each. (Attachment # 7) b. Motion approving the purchase of ten (10) 2010 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $150,180. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 2009 -2010 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 7) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $1,750,442.43 and to execute the 2009 Sub - Recipient Agreement and all related documents with the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. (Attachment # 8) b. Ordinance appropriating $1,750,442.43 from the Texas Department of Public Safety, Division of Emergency Management FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase of specialized equipment and for training. (Attachment # 8) Agenda Regular Council Meeting November 10, 2009 Page 5 9. 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 9) b. Ordinance appropriating a $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 9) c. Resolution authorizing the City Manager or his designee to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 9) d. Ordinance appropriating a $7,673 grant addendum from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 9) a. Resolution authorizing the City Manager or his designee to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 10) b. Ordinance appropriating a $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 10) c. Resolution authorizing the City Manager or his designee to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services Program. (Attachment # 10) Agenda Regular Council Meeting November 10, 2009 Page 6 11. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) d. Ordinance appropriating a $500 grant from the United Way Emergency Food and Shelter National Board Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services Program. (Attachment # 10) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. (Attachment # 11) b. Ordinance appropriating a grant in the amount of $58,492 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. (Attachment # 11) 12. Ordinance appropriating $117,064.46 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk -thru detector services and hand -held radios for the City Marshals; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $117,064.46. (Attachment # 12) 13. Ordinance appropriating $153,762.15 from the Municipal Court Technology Fund for Municipal Court technological improvements including Server Work, Copier and PC leases, Court Software Data Base Analyst services and toners for Prosecutor's Office; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $153,762.15. (Attachment # 13) 14. Ordinance appropriating $26,712.94 from the Municipal Court Judicial Improvement Fund for judicial improvements; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $26,712.94. (Attachment # 14) Agenda Regular Council Meeting November 10, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Ordinance appropriating $179,504.60 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered case management, previously working for the Juvenile Assessment Center and one (1) case manager to address Juvenile Now Adult (JNA) cases at the Municipal Court; changing FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $179,504.60. (Attachment # 15) , 16. a. Ordinance appropriating an amount of $189,325 from the Unappropriated Fund Balance in Water Fund No. 4010 and amount of $189,325 from the Unappropriated Fund Balance in Wastewater Fund No. 4200 to procure a prefabricated modular building to replace the City Hall Annex Building; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $378,650. (Attachment # 16) b. Motion declaring an emergency and authorizing the City Manager or his designee to execute a procurement contract with Mobile Mini, Inc. of Corpus Christi, Texas in the amount of $265,894 to replace the City Hall Annex Building to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of damage to public property. (Attachment # 16) 17. Motion authorizing the City Manager, or his designee, to execute a letter of agreement with Nueces Electric Cooperative in Robstown, Texas, in the amount of $54,714.06 for the FM 624 Continuous Lighting Plan, from Highway 77 to approximately 1,500 feet west of County Road 73. (Attachment # 17) 18. Resolution urging adoption of Federal Legislation to extend the period of designation of Tax - Preferred Empowerment Zones, Rural Enterprise Communities, and Renewal Communities. (Attachment # 18) 19. Second Reading Ordinance - Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. (First Reading — 10/27/09) (Attachment # 19) Agenda Regular Council Meeting November 10, 2009 Page 8 J. PUBLIC HEARINGS: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 20. Case No. 0909 -01, Star Concrete: A change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of land use from light industrial use to heavy industrial use described as 1,200 square feet out of one (1) acre total, out of the Allen and Cameron Industrial Park, Lot 12 generally located north of Leopard Street, approximately 1,573 feet southeast of Southern Minerals Road. (WITHDRAWN BY APPLICANT) (Attachment # 20) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. First Reading Ordinance - Renaming the park located at 3221 Richmond at Up River Road & IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (Attachment # 21) 22. a. Motion authorizing the City Manager or his designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $50,456,230 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the professional engineering services contract with Carollo Engineers, P.C., of Dallas, Texas in an amount not to exceed $855,669 for additional construction, phase, construction observation, and project management services for a restated fee not to exceed $8,221,462 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) c. Motion authorizing the City Manager or his designee to execute an engineering materials inspection, testing and laboratory services contract with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas in an amount not to exceed $299,997 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) Agenda Regular Council Meeting November 10, 2009 Page 9 23. 24. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion to amend prior to second reading Sections 27D -4.3 of the Wind Energy Ordinance, by revising paragraph (C). (Attachment # 23) b. Motion to amend prior to second reading Sections 27D -7 of the Wind Energy Ordinance, by revising Subsection 27D -7.1. (Attachment # 23) c. Second Reading Ordinance - Amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3 -1, by re- designating Subsection 3- 1.64.1 as Subsection 3- 1.64.2, by re- designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3- 1.65.2 and 3- 1.65.5, by adding a new Article 27D, and revising Section 29 -3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. (First Reading — 10/27/09) (Attachment # 23) a. Motion authorizing the City Manager or his designee to execute a Construction Agreement with The Preserve at Mustang Island, LLC through its managing member, Forestar (USA) Real Estate Group , Inc. in the amount of $1,503,690.93 for the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line. (Attachment # 24) b. Ordinance appropriating $1,101,999.38 from the Developer Participation Project in the No. 3546 Street 2009 CIP Fund to reimburse The Preserve at Mustang Island, LLC for the City's share of the reconstruction and widening of Zahn Road, and associated water, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement. (Attachment # 24) Agenda Regular Council Meeting November 10, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Ordinance appropriating $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang Island, LLC for the installation of 529 linear feet of 8 -inch PVC sanitary sewer collection line and 1,537 linear feet of 10 -inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by the City, as specified in the Zahn Road Construction Agreement. (Attachment # 24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Proposed Packery Channel Tax Increment Financing (TIF) Project Improvements (Attachment # 25) 26. Health and Risk Management Claims Report — 4th Quarter FY 2009 / General Accounting Standards Board (GASB) Update (Attachment # 26) 27. Change in Fiscal Year Update (Attachment # 27) 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.ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting November 10, 2009 Page 11 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 5: 15 p.m., on November 5, 2009. L��....��,i rmando 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. City Council Goals 2009 -2011 �MYCG.. D 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 Counci! ,Meeting October 27, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick. Priscilla Leal Nelda Martinez Mark Scott Absent: Brent Chesney City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Michael Doane, Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Chris Adler. 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 October 20, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame announced the executive session listed on the agenda as follows. Mayor Adame also stated that he would not be attending or participating in the discussion related to Item No. 2. 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. The Council went into executive session. The Council returned from executive session and Mayor Adame announced that the Council will reconvene to executive session later in the day. * * * * * * * * * * ** Minutes — Regular Council Meeting October 27, 2009 — Page 2 Mayor Adame deviated from the day's agenda and opened discussion on Item No. 15a, a public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction Allocations, and a motion was made, seconded and passed to open the public hearing. Ms. Emily Martinez, Economic Development explained that this is for nomination of the following two projects, the Waterfront Communications LLC to receive an allocation of $150,000 for calendar year 2009 for the rehabilitation of a building located at 1024 Leopard (formerly Wilson's Furniture); and SWHP Properties, Ltd. to receive an allocation of $1,300,000 for calendar year 2009 for property located at 723 Upper Broadway and for the creation of 2 jobs. She explained that the City of Corpus Christi is designated a Renewal Community through the U.S. Department of Housing and Urban Development and received $12 million for use as commercial revitalization deductions. Ms. Martinez explained that the renewal community program is scheduled to expire on December 31, 2009 and they have been working with lobbyist to have program extended through 2011. In response to a question by Council Member Marez, Ms. Martinez explained that the City receives $12 million to allocate in federal tax deductions per year. There were no comments from the audience. A motion was made, seconded and passed to the close the public hearing. City Secretary Chapa polled the Council for their votes: 15.b. RESOLUTION NO. 028379 Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions as follows: Waterfront Communications, LLC - $150,000 for a building located at 1024 Leopard St. SWHP Properties, Ltd. - $1,300,000 for a building located at 723 Upper Broadway The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, voting "Aye "; Adame, "Abstain "; Chesney and Scott, "Absent ". Mayor Adame opened discussion on Item No. 15c, regarding adoption of the Commerical Revitalization Local Strategic Plan, a motion was made, seconded and passed to open the public hearing. Ms. Emily Martinez, Economic Development provided a brief overview and explained that the Strategic Plan is submitted on an annual basis to U.S. Department of Housing and Urban Development and is due in the Governor's Office by November 1, 2009. She added that the plan outlines a plan for both small and large projects; criteria and a point system. Minutes — Regular Council Meeting October 27, 2009 — Page 3 There were no comments from the audience. A motion was made, seconded and passed the close the public hearing. City Secretary Chapa polled the council for their votes: 15.c. RESOLUTION NO. 028380 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". Mayor Adame referred to Item 16, regarding the Wind Energy Ordinance, a motion was made, seconded and passed to open the public hearing: Ms. Lisa Wargo, Sr. Planning Zoning Administrator, Development Services provided an overview on the proposed amendments to the wind energy ordinance. She stated that the subcommittee reviewed the allowable sound levels; whether multiple systems are needed on a site and should they be permitted; minimum spacing requirements between multiple units and towers, minimum setback and acreage requirements; and the reconsideration of fall radius requirements on a lot. She further explained the changes made to the draft ordinance. She stated that the Planning Commission's version of the ordinance proposes to eliminate all spacing requirements between multiple units and added that City Staff disagrees with this proposal. She added that City staff proposes lowering the required spacing from the current 110% of the unit height to 100 %, of the breakpoint. Ms. Wargo provided a comparative summary depicting the differences in requirements between the prior draft ordinance and the proposed draft ordinances. In response to a question by Council Member Martinez, Ms. Wargo stated that the staff's recommendation is a matter of public safety to have the distance between multiple units and that they were concerned with damage resulting from the two units falling if they collided. Council members discussed the following: fall radius; height restrictions; safety issues; wind speed; engineering of the units; guarantee that units turn off after a certain speed; process for installing a unit and standards, noise level requirement; and allowance for commercial use. In response to a question by Council Member Leal, Ms. Wargo explained that the units cannot be placed between the front of the building and the front yard or street; they can only be placed in the side or rear yard of the property and placed and positioned to fall within the property line. Mr. Perales, Interim City Manager, Development Services added that all wind generator permits are required to provide a site plan or lot plan detailing the layout of the property or buildings and identify the location of the placement of the wind generator. Minutes — Regular Council Meeting October 27, 2009 — Page 4 Mayor Adame called for public comment: Jim Ashmore, spoke about spacing ratios, safety issues, colliding of the units, and that the survival rate during hurricane force winds is substantial; Dan Vera, stated that the recommendations are based on horizontal axis. He added that the powered take off for vertical axis windmills are located at the bottom; Ray Madrigal, 1113 18th Street, spoke about spacing and the units falling within property line and the domino effect; Carolyn Moon, 4902 Calvin, spoke in support of the wind energy ordinance; Billy Rezeiska, currently owns a wind turbine and spoke of the benefits. A motion was made by Ms. Martinez seconded by Mr. Kieschnick and passed to close the public hearing. Council Member Kieschnick made a motion to adopt the Planning Commission's recommendation, seconded by Ms. Martinez. City Secretary Chapa polled the council for their votes: 16. FIRST READING ORDINANCE First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3 -1, by re- designating Subsection 3- 1.64.1 as Subsection 3- 1.64.2, by re- designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3- 1.65.2 and 3- 1.65.5, by adding a new Article 27D, and revising Section 29 -3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. An emergency was declared and the foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Chesney, "Absent ". Mayor Adame called for consideration of the consent agenda (Items 3 - 13). Ms. JoAnn Gilbertson, 4601 Gulfbreeze Boulevard requested that Item No. 14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 028368 Ordinance appropriating $340,944 from anticipated revenues received from work performed by the Street Department for Capital Improvement Projects (CIP) into the General Fund No. 1020 for the purchase of one (1) asphalt paver; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures by $340,944 each. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". Minutes — Regular Council Meeting October 27, 2009 — Page 5 3.b. MOTION NO. M2009 -298 Motion approving the purchase of one (1) asphalt paver from Holt Cat, Corpus Christi, Texas in the amount of $340,944. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Street Department. Funds are available in the Street Operations Budget for FY 2009 -2010. The foregoing motion was passed and approved with the following vote: : Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 4. MOTION NO. M2009 -299 Motion approving a service agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for City -owned vehicles in accordance with Bid Invitation No. BI- 0011-10 based on best value for an estimated annual expenditure of $66,025 of which $49,518 is budgeted in FY 2009 -2010. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 5. MOTION NO. M2009 -300 Motion approving a supply agreement with Martin Marietta Materials, of Portland, Texas for flexible base caliche and crushed limestone base in accordance with Bid Invitation No. BI- 0168 -09, based on low bid, for an estimated annual expenditure of $190,570, of which $142,927.50 is required for FY 2009 -2010. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas, Water, Wastewater, Storm Water and Street Departments in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 6. MOTION NO. M2009 -301 Motion approving a 24 -month service agreement with Coastal Sweeping Service, of Corpus Christi, Texas, for street sweeping services in accordance with Bid Invitation No. BI- 0170 -09, based on low bid, for an estimated two -year expenditure of —21— Minutes — Regular Council Meeting October 27, 2009 — Page 6 $553,757.80 of which $207,659.25 is budgeted for FY 2009 -2010. The term of the agreement shall be for 24 months with an option to extend for up to two additional 12 -month periods, subject to the approval of the supplier and the City Manager or his designee. The service will be administered by the Storm Water Department. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 7 MOTION NO. M2009 -302 Motion approving insurance policies with Texas Municipal League Intergovernmental Risk Pool for Property & Casualty Insurance to include: Primary and Excess Aviation Liability, Excess Gas Utility Liability, Premises General Liability, Automobile Liability for TB Clinic Van, Auto Physical Damage, and Fleet Catastrophic and Crime Coverage, in accordance with Request for Proposal Number BI- 0196 -09 for an estimated one -year expenditure of $253,479.41 of which $190,109.56 is required for the remainder of FY 2009 -2010. The term of the insurance policies will be for one year with an option to extend for up to four additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will provide necessary coverage for all applicable City departments. Funds are available in the Liability /Employee Benefit — Liability Fund in FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 8. RESOLUTION NO. 028369 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for the Police Department to share personnel for the purposes of staffing a joint search and recovery dive team. The foregoing resolution was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 9.a. ORDINANCE NO. 028370 Ordinance authorizing the City Manager, or his designee, to execute an On- Airport Rental Car Concession and Lease Agreement with the Hertz Corporation and Simply Wheelz, LLC, d.b.a. Advantage Rent -A -Car, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession /lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. —22— Minutes — Regular Council Meeting October 27, 2009 — Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 9.b. ORDINANCE NO. 028371 Ordinance authorizing the City Manager, or his designee, to execute an On- Airport Rental Car Concession and Lease Agreement with DTG Operations, Inc. d.b.a. Dollar Rent A Car and as Thrifty Car Rental, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession /lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 9.c. ORDINANCE NO. 028372 Ordinance authorizing the City Manager, or his designee, to execute an On- Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rentals, Inc., d.b.a. National Car Rental, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession /lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 9.d. ORDINANCE NO. 028373 Ordinance authorizing the City Manager, or his designee, to execute an On- Airport Rental Car Concession and Lease Agreement with Coastal Bend Rent -A -Car, Inc., d.b.a. Avis Rent A Car, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession /lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 9.e. ORDINANCE NO. 028374 Ordinance authorizing the City Manager, or his designee, to execute an On- Airport Rental Car Concession and Lease Agreement with EAN Holdings, L.L.C., d.b.a. Enterprise Rent -A -Car, to operate a concession and to lease real property and —23— Minutes — Regular Council Meeting October 27, 2009 — Page 8 improvements located at the Airport in consideration of concession /lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 10.a. RESOLUTION NO. 028375 Resolution authorizing the City Manager or his designee to accept a grant from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant — Recovery (CDBG -R) Program and implement the grant for the following recipients: Coastal Bend Alcohol and Drug Rehabilitation Center, Inc., d.b.a. Charlie's Place ($105,500); Coastal Bend Center for Independent Living ($25,378); CPL /Bright Biz - Direct Energy ($70,000), Nueces County Mental Health and Mental Retardation Community Center Foundation ($75,000); Neighborhood Centers of Corpus Christi, Inc. ($125,000), and Westside Business Association ($100,000); and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney "Absent ". 10.b. ORDINANCE NO. 028376 Ordinance appropriating a grant of $911,062 from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant — Recovery (CDBG -R) Program in the No. 1059 Grant Fund for approved community planning and development projects and activities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 11. RESOLUTION NO. 028377 Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2010" Continuum of Care Homeless Assistance Grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". Minutes — Regular Council Meeting October 27, 2009 — Page 9 12. RESOLUTION NO. 028378 Resolution authorizing the City Manager cr his designee to su mit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for Phase II of reconstruction of "Billing's and Clem's" boat ramps located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with a land match from the value of leased and ($167,000) owned by the Texas Department of Transportation (TxDOT) and Texas General Land Office (GLO) for a total project cost of $667,000. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". 13. MOTION NO. M2009 -303 Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $467,000 for Police Department Building Elevators, Phase I, for the Total Base Bid plus Additive Bid Item No. 1. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney, "Absent ". Mayor Adame opened discussion on Item No. 14. Ms. Gilbertson spoke about the Corpus Christi Beach Task Force and that their main goal is connectivity. She asked if the council would consider extending the renaming of the Corpus Christi Beach Promenade to include the ship channel to the aquarium and the museum districts. Ms. Sally Gavlik, Director of Parks and Recreation stated that staff did not make this recommendation. She added that in their discussions with Mr. Keith Arnold, CEO, Convention & Visitors Bureau and the other amenities, until there is consistent direct transportation they were not making that recommendation. City Secretary Chapa polled the council for their votes: 14. FIRST READING ORDINANCE First Reading Ordinance — Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. An emergency was declared and the foregoing ordinance was passed and approved on its first reading: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney and Kieschnick, "Absent ". * * * * * * * * * * * * * —25— Minutes — Regular Council Meeting October 27, 2009 — Page 10 Mayor Adame referred to the regular agenda and opened discussion on Item No. 17, regarding recommendations for FY 2010 Corpus Christi Business and Job Development Corporation Affordable Housing Program. Ms. Margie Rose, Assistant City Manager stated that this is to award agreements to Habitat for Humanity for $150,000 for the construction of four new homes; and Nueces County Community Action Agency for $100,000 for the acquisition, rehabilitation, and resale of affordable homes. She added that they received seven proposals and staff is recommending these two organizations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 028381 Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an affordable housing project agreement with Habitat for Humanity — Corpus Christi, Inc., in the amount of $150,000 for construction of four new homes, and authorizing the City Manager or his designee to execute an affordable housing project administration agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Habitat for Humanity — Corpus Christi, Inc. for construction of four new homes. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott,voting "Aye "; Adler, Chesney and Kieschnick, "Absent "; Leal, "Abstain ". 17.b. RESOLUTION NO. 028382 Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an affordable housing project agreement with Nueces County Community Action Agency, in the amount of $100,000 for the acquisition, rehabilitation, and resale of existing affordable homes, and authorizing the City Manager, or his designee, to execute an affordable housing project administration agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Nueces County Community Action Agency for the acquisition, rehabilitation, and resale of existing affordable homes. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott,voting "Aye "; Adler, Chesney and Kieschnick, "Absent "; Leal, "Abstain ". Mayor Adame opened discussion on Item No. 18, regarding a grant for support of the Oso Bay Learning Center and Wetland Preserve. Ms. Sally Gavlik, Director of Parks and Recreation explained that this item is for a grant award of $314,901 by the General Land Office for the purchase of the Gaines property for the Oso Wetland area for 162 acres. She added that the park will be developed through a variety of funds and grant awards. Ms. Gavlik stated that they currently have over $4 million for the costs of the —26— Minutes — Regular Council Meeting October 27, 2009 — Page 11 project which was estimated to be $6 million. They have two additional Texas Parks & Wildlife grants that will be submitted in January 2010 and in July 2010 to complete the project. The park will include a hiking trail, group camp ground, picnic area, amphitheater, nature theme playground, wetland areas, kayak area, and a learning center. She added that the learning center will be a green facility. Mayor Adame called for public comment. Ray Madrigal, 1113 18th Street, spoke about contamination in the Oso Bay area. Ms. Gavlik responded that there is 162 acres in this project and another 162 acres in the Oso Creek and that the more areas that you have to preserve as wetland areas, this will help reduce some of the contamination or bacteria. She added that they are looking at preserving a lot more of these areas that are located on the waters edge so that can improve the waters both in the creek and in the bay, and the more oasis in the creeks and bay it will help improve the levels. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 028383 Resolution authorizing the City Manager or his designer to execute all documents necessary to accept the $314,901 grant from the General Land Office (GLO), Coastal Management Program (CMP) grant for support of the Oso Bay Learning Center and Wetland Preserve; land match is 77.07 acre parcel of and held by Coastal Bend Bays and Estuaries Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney and Leal, "Absent ". 18.b. ORDINANCE NO. 028384 Ordinance appropriating $314,901 from the General Land Office (GLO) Coastal Management Program (CMP) grant in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney and Leal, "Absent ". Mayor Adame opened discussion on Item No. 19, the 2009 Community Development Block Grant, HOME Program and the Emergency Shelter Grant program. Mr. Eddie Ortega, Director of Neighborhood Services stated that they are requesting approval of the 2009 Community Development Grant in the amount $4,318,248, the HOME program in the amount of $2,182,635, and the Emergency Shelter Grant program in the amount of $149,354. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: —27— Minutes — Regular Council Meeting October 27, 2009 — Page 12 19.a. RESOLUTION NO. 028385 Resolution authorizing the City Manager or his designee to accept grants from the U.S. Department of Housing and Urban Development (HUD) for the 2009 Community Development Block Grant ($4,318,248), HOME Program ($2,182,635), and the Emergency Shelter Grant Program ($149,354), and to execute all documents necessary to implement the City's 2009 Consolidated Annual Action Plan as authorized by HUD. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye "; Chesney, Leal, and Scott, "Absent ". 19.b. ORDINANCE NO. 028386 Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund of $4,318,248 for the 2009 Community Development Block Grant Program, $2,182,635 for the HOME Program, and $149,354 for the Emergency Shelter Grant Program for approved community planning and development projects and activities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye "; Chesney, Leal, and Scott, "Absent ". 19.c. MOTION NO. M2009 -304 Motion ratifying funding agreements with 2009 Community Development Block Grant Program, HOME Program, and Emergency Shelter Grant Program recipients to be effective August 1, 2009. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye "; Chesney, Leal, and Scott, "Absent ". Mayor Adame opened discussion on Item No. 20, regarding the State School Sports Complex, Phase 1 and Old State School Property Development, Phase 2. Mr. Pete Anaya, Director of Engineering Services provided a brief overview including the background; project site, layout and scope; project delivery; project schedule; project costs and other improvements. Mayor Adame asked for comments from the audience. Ray Madrigal, 1113 18th Street asked about the specific area of the project, and if the general public would be allowed to use the complex. Ms. Sally Gavlik, Director of Parks & Recreation stated this would be a community park versus a neighborhood park. Minutes — Regular Council Meeting October 27, 2009 — Page 13 Council Member Adler thanked the Rotary Clubs for their work and fundraising efforts for the Miracle League Field. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. M2009 -305 Motion authorizing the City Manager, or his designee, to execute a construction contract with KJM Commercial, Inc. of Corpus Christi, Texas in the amount of $1,800,845.30 for the State School Sports Complex, Phase 1 and Old State School Property Development, Phase 2 for the Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, and Martinez, voting "Aye "; Chesney, Leal, Marez, and Scott, "Absent ". * * * * * * * * * * Mayor Adame referred to the first presentation on the day's agenda, Item No. 21, Columbus Sailing Association. Ms. Margie Rose, Assistant City Manager explained that after the presentation she would provide additional information to seek direction from the council on this issue. Mr. John Torrey, President and Ms. Kim Mrazek, Vice President of the Columbus Sailing Association were the presentors. Ms. Mrazek stated that their proposal involves restoration of the ships to be a landmark tourist attraction for the city of Corpus Christi. Mr. Torrey and Ms. Mrazek explained each of the following phases: Phase 1, the restoration of the Nina; Phase 2, would occur 18 months later for the staging facility; Phase 3, to occur concurrently with the 18 months to restore the Pinta and Santa Maria at the Museum Plaza; Phase 4, the seaport construction to occur in year 3 or 4; and Phase 5, would be placing the ships in the water. The project would take about 4 years. Ms. Mrazek further explained the Columbus Day Curriculum Guide, 15th Century Sailing School, permanent display and activities, vision, restoration funding and the veteran's memorial plaza. Mr. Torrey added that as a fundraising mechanism, citizens could purchase bricks to be permanently displayed at the memorial plaza. Council members discussed the following: fundraising efforts; request for funding; insurance costs; timeline of the phases; ownership of the ships; status of appelbaum study; and support for the columbus ship association. In response to a question by Council Member Martinez, Mr. Rick Stryker, Director of Museum stated that there are three issues associated with the Appelbaum Study, they are getting the ships in good condition, access and visibility, and signage. Ms. Rose stated that following are five issues that need to be discussed. They are: 1) staff is recommending that the city enter into a Memorandum of Understanding for Phase 1, which is the repair and restoration of La Nina. —29— Minutes — Regular Council Meeting October 27, 2009 — Page 14 Mayor Adame recessed discussions on this presentation and announced that the Council will listen to public comment. * * * * * * * * ** Carolyn Moon, 4902 Calvin, spoke about the length of the executive session period and tourism; Will Douglas, 5029 Royalton, spoke in support of the Brass Real Estate proposal for Memorial Coliseum; Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke in support of the Corpus Christi Beachwalk project; Wilson Wakefield, 6026 Killarmet, spoke in opposition of Las Brisas Plant; Joe Ortiz, 3718 Mendenhall, stated that the American GI Forum supports Mr. Angel Escobar, City Manager, and the Brass Real Estate proposal for the Memorial Coliseum; Ray Madrigal, 1113 18th Street, spoke in support of the restoration of Memorial Coliseum and the Plaque; J.E. O'Brien, 4130 Pompano, spoke about changing the public comment period to Noon; supports open spaces on the bayfront, and spoke about $22 million sold in tax notes by the City in June 2008; Gerald Smith, spoke in support of the Texas Jazz Festival and elimination of special seating at the festival, and spoke about the wind energy ordinance. Dan Vera, 818 Savage Lane, spoke about the wind energy ordinance, and the restoration of the Columbus Ships; John Adams, spoke about the Brass Real Estate proposal for the development of Memorial Coliseum, and the restoration of the Columbus Ships; Abel Alonzo, thanked those who supported the Rock 'n Roll Walk, and the American GI Forum for getting involved, and spoke in support of the Brass Real Estate proposal for the development of Memorial Coliseum; David O'Connell, 4106 Castle Valley Drive, spoke in opposition of the Brass Real Estate proposal for Memorial Coliseum; Rudy Medina, 5413 Cain Drive spoke about code enforcement and light issues. Council Member Leal stated asked Mr. Escobar to schedule a visit for her. Mary Ann Kelly, spoke in opposition of the Brass Real Estate proposal for the development of Memorial Coliseum. Mayor Adame returned to the discussion regarding the Columbus Ships presentation. Ms. Rose returned and explained the following issues: 2) staff is recommending a three year agreement under the MOU with an option to renew, and the CSA is recommending a five year agreement with an automatic renewal every five year, 3) staff is recommending maintaining ownership, and the CSA is requesting transferring the ownership to the CSA; 4) staff is recommending no use of city employees, and the CSA is requesting the use of one employee from time to time to help coordinate activities during restoration, and they are also requesting that the City provide carpenters to replace the two cap rails on La Nina; and 5) referred to benchmark and timelines, but indicated that staff may be able to work through these issues. Council Members expressed their support for the Columbus Ship Association. The next presentation was Item No. 22, update on Process Improvements in the Development Services Department. Mr. Johnny Perales, Interim Assistant City Manager and George Arimes, President, Horizon Centre were the presentors. —30— Minutes — Regular Council Meeting October 27, 2009 — Page 15 Mr. Perales provided a review of critical task including the hiring of vacant positions, develop new customer service training for both new and existing employees, evaluate results of customer surveys, and build foundation of the following core values, Courtesy, Respect and Pride ". He further explained the primary customer service objectives, core business concepts, improve development services infrastructure, strategy to increase customer outreach efforts, improve business processes, expand staff knowledge and development opportunities. Mr. Perales explained the results of the customer results vs. the core business concepts between March 2009 and October 2009. Mr. Arimes provided a second presentation about a new hybrid process that allows projects based on complexity to move quickly through the process by providing project managers or point of contacts; standardize processes and developing a performance measurement program. He described the several phases and overall decision time to measure a standard project as being early project assistance, consistent application intake, technical review, make decision, construction inspection and project closeout. He stated that they want to measure how long it takes the customer to respond, how long it takes staff to prepare reports, time for hearings and time for applicant to finalize the project so that they can begin construction. He added for that a Type A project (simple type permits), the goal is 30 minutes or Tess; Type B projects would normally take 15 to 30 days, goal is 3 days or less; Type C projects (commercial, renovation or additions) would normally take 45 to 90 days, goal is 30 days or Tess; and a Type D project normally takes130 to 180 days, goal is 90 days or less. Council members discussed the following: implementation, checklist system to assist customers; status of master plans and codes; output measures and accountability; and status of answering phones. Mayor Adame announced that Presentation No. 23, Health and Risk Management Claims Report — 4th Quarter FY 2009 /General Accounting Standards Board (GASB) Report, and No. 24, Change in Fiscal Year Update were being postponed. * * * * * * * * * * * ** Mayor Adame announced that the Council was returning to the executive session listed on the agenda as follows. Mayor Adame also stated that he would not be attending or participating in the discussion related to Item No. 2. 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. The Council went into executive session. The Council returned from executive session. —31— Minutes — Regular Council Meeting October 27, 2009 — Page 16 Mr. John Bell, Legal Counsel provided a brief overview of the status of negotiations on the Coliseum project including the meetings held; request for proposal goals; city financial expense; areas of potential agreement. He further explained the following unresolved issues: ratio of apartments to retail space, amount of rent payments, funding for maintenance of Coliseum, Shoreline Realignment project, timing of City's $2 million investment, phasing of project development and phasing of project development. He added that the options are to extend negotiations to January 9, 2010 or terminate the negotiations with Brass. A motion was made by Council Member Adler, seconded by Council Member Martinez to terminate contract negotiations with Brass. City Secretary Chapa polled the council for their votes: 2. MOTION NO. 2009 -306 Motion to terminate contract negotiations with Brass Real Estate. The foregoing motion was passed and approved with the following vote: Adler, Marez, Martinez and Scott, voting "Aye "; Elizondo, Kieschnick, and Leal, voting "No "; Adame "Abstain "; Chesney, "Absent ". Council members each, respectively, expressed disappointment; offered comments about the differences between the Brass proposal and the Swim Center proposal; discussed other options for development; request for proposal process; issues with apartments on public bayfront property and the density of the project; Council Member Kieschnick made a motion to explore negotiations with the Swim Center group. The motion died for lack of second. Council Member Kieschnick directed staff to contact the Swim Center group to ask if they are still interested and if they would be willing to do a presentation in two weeks. Irma Caballero, Director of Economic Development suggested that the council set out their basic parameters, and that staff could come back with a presentation with options for their consideration and guidance on moving forward. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Pro Tem Marez adjourned the Council meeting at 7:30 p.m. on October 27, 2009. 2 a. CITIZENS ADVISORY HEALTH BOARD — One (1) vacancy with term to 11- 11 -12. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms, five (5) by the Commissioners Court for two -year terms; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL MEMBERS TERMS APPTD. DATES *Amanda Stukenberg (City) 11 -11 -09 5 -08 -01 Mary Jane Garza (City), Co Chair 11 -11 -11 3 -20 -07 Ruben Garza (County) 06 -30 -11 6 -30 -07 Suzzette Chopin (City), Co Chair 11 -11 -11 2 -21 -06 Leo Barrera, Jr. (County) 06 -30 -11 4 -24 -84 Pamela S. Meyer (County) 06 -30 -10 7 -09 -08 Rebecca Esparza (City) 11 -11 -10 3 -20 -07 Dr. Bruce N. Stratton (City) 11 -11 -11 11 -18 -08 Dr. Tony Diaz (County) 06 -30 -11 11 -11 -78 VACANT (County) Araselia Barrera (Joint) 11 -11 -11 2 -21 -06 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Amanda Stukenberg (City) 10 7(3exc) 70% OTHER INDIVIDUALS EXPRESSING INTEREST Rick Barrera Sylvia R. Cantu General Manager, HomeField Outdoor Living. Currently Attending Corpus Christi Theological Seminary. Associate Pastor. Activities include: Social Media Club of Corpus Christi and Corpus Christi Metro Ministries. (8- 21 -09) Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (5- 28 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Christina Cisneros Patty Clark Norma Franklin Jean Marie Giegerich Ida Alvarado Hobbs William Paul Hunt Edward Kownslar 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. (2- 23 -09) Executive Director, Mission of Mercy, Inc. Attended Memphis State University. Activities include: Sgt at Arms- Downtown Rotary Club, RYLA Program, Lay Eucharistic Minister and Liturgy Commission -All Saints Episcopal Church, Westside Business Association and Hispanic Chamber of Commerce. (10 -7 -09) Received Associate of Arts Degree from Texas A &M University -CC. Activities include: Police Department Volunteer, Civil Air Patrol, Angel Food, Opening Doors, Science Fair Judge, and Blood Bank Member. Recipient of 2005 Shining Star Award from Coastal Bend Advocacy Development. (4- 13 -09) Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8 -09) Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA .Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4- 22 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Associate Director of Mary and Jeff Bell Library, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998- Present. (10 -9 -08) Gerard Navarro, Jr. Rita Sonia Padron Charles Pendlyshok Michael 0. San Miguel Amber Sayre Ted Schroeder Joy Ohler Stevens Timothy Weitzel Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Retired, Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2 -4 -09) Regional Manager, Human Military Healthcare Services. Retired Healthcare Delivery System Executive. Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing Instruction. (11- 20 -08) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Owner /Adminstrator/Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (4 -23- 09) Retired. Cashier at Safeway/Vons. Activities include: Volunteer at Heritage Park, Habitat for Humanity, and American Sailing Association. (4 -17 -09 Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) b. PARK AND RECREATION ADVISORY COMMITTEE — One (1) vacancy with term to 8- 23 -11. DUTIES:To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE ** *Hunter Young, Chair 8 -23 -11 5 -18 -04 Rene Richard Gutierrez, Vice Chair 8 -23 -10 10 -17 -06 Huxley Smith 8 -23 -10 5 -26 -09 Ron Woods 8 -23 -10 6 -17 -08 Lisa Ann Torres 8 -23 -11 6 -17 -08 Kendal Keyes 8 -23 -10 8 -12 -08 Rita Sonia Herrera - Padron 8 -23 -11 5 -26 -09 Dr. Jinsun Kim 8 -23 -11 3 -11 -08 Sylvia Samaniego 8 -23 -11 12 -18 -07 Carrie Robertson 8 -23 -10 8 -12 -08 Carlos Haney 8 -23 -11 2 -24 -09 (Note: The Park and Recreation. Advisory Committee is recommending the new appointment of Art Norman.) INDIVIDUALS EXPRESSING INTEREST Marion Ball Rick Barrera Retired. Received Liberal Arts Degree from Del Mar College and Bachelor's Degree from Corpus Christi State University. Formerly Served on the Leadership Committee for Senior Services. (8- 13 -09) General Manager, HomeField Outdoor Living. Currently Attending Corpus Christi Theological Seminary. Associate Pastor. Activities include: Social Media Club of Corpus Christi and Corpus Christi Metro Ministries. (8- 21 -09) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Rodney Buckwalter Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Angela Cantu Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 -09) Chase Carlisle Account Executive, Carlisle Insurance Agency. Received Bachelor of Business Administration in Management from Texas A &M University at College Station. Graduate of Leadership Corpus Christi -Class 38. Activities include: Board Member of Independent Insurance Agents of the Coastal Bend and Big Brothers Big Sisters Mentor. (10 -5- 09) Angelica Carmona Christina Cisneros Elenita Collins Laura Commons 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. (6 -5 -09) 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. (2- 23 -09) Retired. Graduated from Southern Methodist University. Activities include: Volunteers and Serves on the Board of Governors at the Art Museum of South Texas. (4- 28 -09) Realtor, Remax Metro Properties. Graduate of Del Mar College -Real Estate License. Activities include: IWA PTA and Texas Real Estate Political Action Committee. Recipient of Women's Council of Realtors Member of the Year 2004. (9- 28 -09) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (5 -5 -09) Brian Thomas Doggett Managing Member, Island Aquatics, LLC. Attended Virginia Commonwealth University. Activities include: President - Independent pool and Spa Service Association. (6- 17 -09) Becky Flores Robert A. Franklin Shannon Gabriel Mike Garey Anthony Gavlik Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) 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. (7- 15-09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (8- 14 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University- Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (4- 15 -09) Patrick Geary Owner, Fiesta Insurance Corporation. Attended University of Houston. Member of Chamber of Commerce. (5- 18 -09) Timothy Goss Meredith N. Grant Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) 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. (10- 14 -08) Mary Catherine Handy Assistant Branch Sales Manager, IBC Bank. Attended College. Activities include: Corpus Christi Chamber of Commerce, March of Dimes, Buc Days, and Junior Achievement. (2 -9 -09) Keron E. Hasley Dennis Havel Kevin Horrigan Robert Jacobi Terence F. Klinger Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4- 17 -09) Maintenance Superintendent, Valero Refinery. Received Associates Degree from Wharton Jr. College. Activities include: Baseball Coach for Oso Pony League, Director of Pony Baseball League. Served on Oso Pony Board, United Way Golf Commission and American Cancer Golf Commission. (6 -8 -09) Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (5- 21 -09) Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (10- 13 -08) Randy Lara Jerry Lipstreu Lydia Lorenzi Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University at Kingsville and Southwest Texas State University at San Marcos. Activities include: Boy Scout #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (12 -4 -08) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) Formerly Transition Specialist, San Antonio Independent School District, Alamo Achievement Center, San Antonio, Texas. Received BA from Our Lady of the Lake College and MA from Our Lady of the Lake University. Recipient of San Antonio Independent School District Teacher of the Year and Texas Governors Award for Volunteer Service. (4- 28 -09) John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received Bachelor of Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (1- 21 -09) Jordan Michael Convention Service Manager, Omni Hotels. Received Bachelor's Degree in Recreation, Park and Tourism Sciences from Texas A &M University- College Station. Activities include: Junior League of Corpus Christi. (6 -12- 09) Art Norman Senior Programmer, RSSS. Attended Del Mar College. Received a BBA from Corpus Christi State University. (10- 13 -09) Keith Parker Monica Pena -Moore Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (4- 23 -09) 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. (12 -1 -08) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) John Powell Dorian E. Ramirez Kim Rottet Abel A. Sanchez Amber Sayre Judi Sisson Scot Taylor President, SPowell.Com Real Estate. Received Degree in Business from Texas A &M University - Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4 -1 -09) Clerk of Court, Thirteenth Court of Appeals. Received B.M. from Indiana University and J.D. from University of Houston. Founder of Corpus Christi bicycle Safety Campaign `Be Kind to CyClists ". Activities include: Biking, Running, Swimming, South Texas Area Runners Riders and Swimmers, Cellist, The Cattery, Corpus Christi Bar Association, and Corpus Christi Yacht Club. (8- 13 -09) Assistant Director Recreational Sports, Texas A &M University - Corpus Christi. Received Bachelor of Science from Ball State University at Muncie, Indiana and Master of Sport Science from United States Sports Academy at Daphne, Alabama. Activities include: NIRSA Outdoor Recreation Committee and Serves on Committees affiliated with Texas A &M University - Corpus Christi. (3- 13 -09) Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -16- 09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Owner, Pet Grooming Business and Non - Profit Humane Animal Rescue Group. Graduate ' of Long Island University, New York. Student and Substitute Teacher. Community Organizer. Attended Citizen University. Recipient of Jefferson Award. (8- 21 -09) Store Manager, Factory Builder Stores. Activities include: Builder Association of Corpus Christi. (8- 11 -09) Jesus M. Trevino Currently attends College. (8- 26 -09) Betty Trigo Michael Tromm Steve Trubatisky Denise S. Villagran Allen Wahlstrom Timothy Weitzel Coordinator, Corpus Christi Independent School District. Licensed Social Worker. Received Bachelors Degree in Criminal Justice and Masters Degree in Counseling. School Administrator Certification. Activities include: Principals Association, South Texas Social Workers, Westside Business Association, and Nueces County Community Action Advisory Committee. (9- 10 -09) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) Firefighter -EMT, Naval Air Station, Corpus Christi Fire & Emergency Services. Attended Tarrant County Junior College, Pensacola Junior College and Grand Canyon University at Phoenix, Arizona. Activities include: Web Designer and Youth Cycling League. (5- 11 -09) Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) c. REINVESTMENT ZONE NO. TWO BOARD - Up to ten (10) vacancies with terms to 11- 01 -11. DUTIES: The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. COMPOSITION: The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the Board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. ORIGINAL MEMBERS TERM APPTD. DATE *Melody Cooper (City) 11 -01 -09 10 -28 -03 *Larry Elizondo (City) 11 -01 -09 2 -12 -08 *Henry Garrett (City) 11 -01 -09 5 -23 -06 *Mike Hummell (City) 11 -01 -09 2 -12 -08 *Priscilla Leal (City) 11 -01 -09 2 -12 -08 *Michael McCutchon (City) 11 -01 -09 2 -12 -08 *John Marez (City) 11 -01 -09 5 -23 -06 *Nelda Martinez (City) 11 -01 -09 2 -12 -08 *Joe Adame (City) 11 -01 -09 9 -15 -09 *Chris N. Adler (City) 11 -01 -09 9 -15 -09 Gabriel Rivas (Del Mar) 11 -01 -10 Samuel L. Neal, Jr. (Nueces County) 11 -01 -10 Cal Jennings (Hospital District) 11 -01 -10 Richard Pittman (Flour Bluff I.S.D.) 11 -01 -10 John LaRue (Port of C.C.) 11 -01 -10 *City Appointees. Historically, the Council has appointed Council Members as representatives, but it is not required. d. WEED AND SEED STEERING COMMITTEE — Three (3) vacancies with terms to 11 -01 -11 representing the following category: 3 — Flour Bluff Site. (Must live in 78418 Zip Code in Targeted Site Area) DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of ten core voting members. The Department of Justice (DOJ) requires that 25% of the Steering Committee be made up of residents. The City Council shall appoint the required amount of residents to insure the program is in compliance: 3 — from Site 3 (Flour Bluff). One core representative shall be appointed by each of the following entities: The United State's Attorney's Office, Corpus Christi Police Department, Flour Bluff ISD (Target Area School District), Housing Authority, County Attorney's Office, District Attorney's Office, Drug Enforcement Administration (DEA), a faith based person, a business person, and a youth representative. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex- officio, non - voting members. The U.S. Attorney representative will serve as Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker. This committee will expire on September 30, 2010, unless funds for the program end sooner. MEMBERS Debra Hohle (U.S. Atty.), Chairperson *Wayne C. Meyr (Flour Bluff Site) *Lori Gianotti (Flour Bluff Site) *Ruben Gonzales (Flour Bluff Site) Chief Troy Riggs (CCPD) William Grant (DEA) Richard Franco (Housing Authority) Laura Garza Jimenez (County Atty.) Julie Carbajal (Flour Bluff ISD) Gail Gleimer (District Attorney's Office) Micah Davidson (Faith Based) Amy Lopez (Business Member) Derek Fitzgerald, (Youth Member) Harold Smith (Weed and Seed) Sally Gavlik (Park and Recreation) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -12- TERM Ex- officio, voting 11 -01 -09 11 -01 -09 11 -01 -09 Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, voting Ex- officio, nonvoting Ex- officio, nonvoting ORIGINAL APPT. DATE 10 -14 -08 12 -18 -07 12 -18 -07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Wayne C. Meyr (Flour Bluff) 8 Lori Gianotti (Flour Bluff) 8 Ruben Gonzales (Flour Bluff) 8 NO. PRESENT 7 6 5 OTHER INDIVIDUAL EXPRESSING INTEREST Terence F. Klinger OF ATTENDANCE LAST TERM YEAR 86% 75% 63% Bus Operator, Regional Transit Authority. United States Air Force Administration Specialist. Formerly Owned and Operated Midwest Pro Wrestling Academy. Formerly served as Community Outreach Representative for metro Transit with Teens Alone, Streetworks and Homeless Connect, Minneapolis, Minnesota. (78418 Zip Code Target Site Area) (10- 13 -08) NO ATTACHMENT FOR THIS ITEM Requested Council Action 11/10/09 Alternate Date 11/17/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Mueller Service Co., Plant City, Florida for a water valve inspection, operating and repair program in accordance with Bid Invitation No. BI- 00141 -09 based on best value for an estimated annual expenditure of $53,928 of which $40,446 is budgeted in FY 2009 -2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Water Department in FY 2009 -2010. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Non - operational and closed valves have impeded the City's ability to repair main breaks in a timely manner. This service agreement will address approximately 328 valves and will serve three primary purposes. First, to evaluate and improve the operability of valves in the water distribution system through hands -on field activities, second, to document and validate the location, operational characteristics and physical condition of the valves and finally to develop an accurate and reliable database of the valves in use throughout the water distribution system. Bid Invitations Issued: Seven Bids Received: Three Award Basis: Best Value The evaluation team, comprised of team members from Water Department and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Water Distribution System Valve & Hydrant Program 25 %, (2) Data Management & Database Creation 15 %, (3) Analysis & Understanding of the Project & Objectives 15 %, (4) Commitment & Availability 10 %, and (5) Cost 35 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Mueller Service Co., as the best valued supplier for this service. Funding: r/ Water Department 530000- 4010 -31505 $40,446.00 cj M'l'IVAIT 1 Barrera A istant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com —39— ANNUAL COST:I 0 0 M Pricing Commitment & Availability Analysis & Understanding of the Project & Objectives Data Management & Database Creation Water Distribution System Valve & Hydrant Program Evaluation Criteria 35 points 10 points 15 points 15 points 25 points Maximum Points $53,928 CD (0 W Cn - 0 - CT - N CD Points Awarded Muellar Services Co. Plant City, Florida 63 CO CO v J 0) co CO N CO — O — CT Cn N 01 Points Awarded Wachs Valve & Hydrand Service Lincolnshire, Illinois 69 CD 0 —411— - Points Awarded Advanced Pipeline Services, Inc I Sinton, Texas Z • m c " cn D�ZO mmGI •0 DC zrCcn O Ccn= <Do z 030 0 --4 mz — XD jv O 0 N 0 0 eD Water Valve Inspection, Operating & Repair Program 60-1440-18 :"0N uo! ;e ;!AUI P!8 XIZJ1VIN NOIIVfl1V %3 A2IVWWfS 5 Request Council Date: 11/10/09 Alternate Date: 11/17/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $232,071.60. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award Funding: Price Analysis: The containers will be used in the City's automated collection program. These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. The containers are purchased through the cooperative purchasing agreement with H -GAC. H -GAC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. Solid Waste Department 530190- 1020 -12510 (6 months) FY 2009/2010 $25,330.74 When compared to the last purchase of containers in FY 2009, pricing has decreased by 21 %. Lease Purchase of Refuse Containers The containers will be funded for a sixty -month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payments for the Solid Waste Department is $50,661.48. Total estimated cost over the sixty -month period, including principal of $232,071.60 and interest of $21,235.64, is $253,307.24. Micha ` ' arrera Assistant Director of Financial Services 826 -3169 mikeb(a�cctexas.com CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: MARIA GARZA 11/10/2009 BID INVITATION NO: BI- 0042 -09 Containers for Automated Collection Program Schaffer Systems International Charlotte, NC Item Description Qty. Unit Unit Extended Price Price 1 95 Gallon Refuse Containers with axles 2 95 Galion Refuse Containers without axles TOTAL: 2,562 each 2,562 each —44— 46.49 $119,110.20 44.09 $112,961.40 $2 2,Q71.60 6 Request Council Date: 11/10/09 Alternate Date: 11/17/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of fifteen (15) riding mowers and purchase of two riding mowers from John Deere Company, Cary, NC for the total amount of $202,779.57. The award is in accordance with the State's Cooperative Purchasing Program. The equipment will be used by the Parks and Recreation Department and Wastewater Department. All seventeen units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Funding for the lease purchase of equipment will be provided through the City's lease purchase financing program. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Fifteen mowers will be used by Park Operations to mow and maintain City parks. Wastewater will use two mowers to mow and maintain the Oso and Laguna Madre wastewater plant properties. Basis of Award The mowers are made available under the Texas Building and Procurement Commission (TBPC) Term Contract number TXMAS -7 -51 V050. Robstown Hardware Company, Robstown Texas will be the delivering, servicing and warranty provider for this equipment. Price Comparison: When compared to the last purchase of mowers in FY 2009, pricing has decreased by 12 %. Funding: Purchase of (2) Mowers Maintenance Services Fund 5110- 40120 - 550020 Capital Outlay Item Nos. 78 & 79 $23,856.42 Lease Purchase of (15) Mowers Parks & Recreation Department Capital Outlay No. 21 The mowers will be funded through the City's lease - purchase financing agreement for a thirty- six -month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $62,913.84. Total estimated cost over the thirty- six -month period, including principal of $178,923.15 and interest of $9,818.38 is $188,741.53. General Fund — Parks & Recreation - (5 months) FY 09 -10 1020 - 12910 - 530190 $26,214.10 Capital Outlay Item No. 21 Michael:. era Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com —47— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA DATE: 11/10/09 ITEM DESCRIPTION QTY. PRICE SHEET BI- 0044 -10 UNIT John Deere Company Cary, NC 1. John Deere 997 MID ZTRAK Mower 17 Each Unit Extended Price Price $11,928.21 $202,779.57 Award Total $202,779.57 7 Request Council Date: 11/10/09 Alternate Date: 11/17/09 COUNCIL MEMORANDUM A. ORDINANCE APPROPRIATING AND APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF $150,180 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES INTO THE CAPITAL OUTLAY BUDGET OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF VEHICLES; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING APPROPRIATIONS BY $150,180 IN THE NO. 1020 GENERAL FUND, AND BY INCREASING BOTH ESTIMATED REVENUES AND APPROPRIATIONS IN THE NO. 5110 MAINTENANCE SERVICES FUND BY $150,180, EACH; AND DECLARING AN EMERGENCY. B RECOMMENDATION: Motion approving the purchase of ten (10) 2010 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $150,180. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 09 -10 Capital Outlay Budget in the Fleet Maintenance Fund. ****************************:****************** * * * ** * * * * * * * * * * * * * * * * * * * * * ** * ** Purpose: The 10 sedans will be used by the Police Department, Uniform Division, for police work. All units are replacements. Basis of Award The vehicles will be purchased through the cooperative purchasing agreement with TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: Pricing has remained stable since the last purchase of similar vehicles in 2008. Funding: Fleet Maintenance Funds 550020 -5110 -40120 Capital Outlay Items No. 8 Total: $150,180 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com -51- BACKGROUND INFORMATION On May 19, 2009, the City Council passed Resolution No. 028176 reaffirming certain financial policies which provide for maintenance of the General Fund Balance at an adequate level. The Resolution states it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10 %) of the total annual General Fund appropriations. The Resolution also stated that the undesignated fund balance in excess of the ten percent policy requirement may be recommended for expenditures on one -time improvements, with a priority on infrastructure and equipment, which will reduce the need for future debt. During the FY 2009 -2010 Budget process, staff proposed the following one -time expenditures be taken from the General Fund Unreserved Fund Balance. 3 Brush Trucks (refurbished) 40 replacement police package sedans @ $27,500 each 10 replacement unmarked police cars @ $15,000 each 2 replacement crime scene vans @ $20,000 each $180,000.00 1,100,000.00 150,000.00 40,000.00 Total : $1,470,000.00 The recommended award presented to Council under this motion will cover the 10 unmarked police cars. The remaining equipment will be presented to Council at a later date when the exact amount of funds needed for those purchases are identified. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0014 -10 BUYER: MARIA GARZA DATE: 11/10/09 ITEM DESCRIPTION 1. 2010 Ford Fusion 4 Door Sedan QTY. 10 UNIT Each PHILPOTT MOTORS, INC. NEDERLAND, TEXAS Unit Extended Price Price $15,018.00 $150,180.00 Total: $150,180.00 ORDINANCE APPROPRIATING AND APPROVING THE TRANSFER OF FUNDS IN THE AMOUNT OF $150,180 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES INTO THE CAPITAL OUTLAY BUDGET OF THE MAINTENANCE SERVICES FUND NO. 5110 FOR THE PURCHASE OF VEHICLES; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING APPROPRIATIONS BY $150,180 IN THE NO. 1020 GENERAL FUND, AND BY INCREASING BOTH ESTIMATED REVENUES AND APPROPRIATIONS IN THE NO. 5110 MAINTENANCE SERVICES FUND BY $150,180, EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $150,180.00 from the Unreserved Fund Balance in the No. 1020 General Fund is appropriated for "one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles. SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed by increasing appropriations by $150,180.00 in the No. 1020 General Fund, and by increasing both Estimated Revenues and Appropriations in the No. 5110 Maintenance Services Fund by $150,180.00, each. SECTION 3. 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 10th of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 11009 ORD App $150,180 for vehicles Joe Adame Mayor —54— APPROVED AS TO FORM: 04-Nov-2009 By: CiaLY Veronica Ocanas Assistant City Attorney for City Attorney 11009 ORD App $150,180 for vehicles -55- 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 11009 ORD App $150,180 for vehicles —56— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/10/09 kaai AGENDA ITEM: Item A. A resolution authorizing the City Manager, or his designee, to accept a grant in the amount of $1,750,442.43 and to execute the 2009 sub - recipient agreement and all related documents with the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. Item B. An ordinance appropriating $1,750,442.43 from the Texas Department of Public safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase specialized equipment and for training; and declaring an emergency. ISSUE: The Office of the Governor's Division of Emergency Management has informed the City that our jurisdiction has been awarded a grant in the amount of $1,750,442.43 from the Fiscal Year 2009 Homeland Security Grant Program. The purpose of the grant is to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response capabilities. A need analysis has been conducted and specialized equipment has been identified. Bids will be secured for the purchase of the equipment. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a subrecipient agreement, accept the grant and appropriate funds. PREVIOUS COUNCIL ACTION: Council has previously approved accepting funds from the 2003 and 2006 State Homeland Security Grant Programs. CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution and ordinance to execute a subrecipient agreement, accept the grant and appropriate funds in the amount of $1,750,442.43. Attachments 1. Resolution 2. Ordinance 3. Notice of Sub - recipient Award 4. Sub - Recipient Agreement -59- dLi Richard Hooks Fire Chief RLH @cctexas.com 826 -3932 BACKGROUND INFORMATION The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Governor's Division of Emergency Management serves as the State's agent for the various grant programs. These funds shall be used to provide law enforcement and emergency response communities with enhance capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man made, natural disaster and acts of terrorism. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $1,750,442.43 AND TO EXECUTE THE 2009 SUB - RECIPIENT AGREEMENT AND ALL RELATED DOCUMENTS WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT, FY 2009 HOMELAND SECURITY GRANT PROGRAM, TO PURCHASE SPECIALIZED EQUIPMENT AND FOR TRAINING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the amount of $1,750,442.43 and to execute the 2009 Sub - Recipient Agreement and all related documents with the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Division of Emergency Management. ATTEST: Armando Chapa City Secretary APPROVED: October 19, 2009 By: Trisha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 2 ORDINANCE APPROPRIATING $1,750,442.43 FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT, FY 2009 HOMELAND SECURITY GRANT PROGRAM, INTO THE NO. 1062 FIRE GRANTS FUND TO PURCHASE SPECIALIZED EQUIPMENT AND FOR TRAINING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,750,442.43 is appropriated from the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase specialized equipment and for training; and declaring an emergency. 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 of November, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form October 19, 2009 T. Trisha Ding Assistant City Attorney For 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, 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 9 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2006 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. B. Ordinance appropriating a $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program; and declaring an emergency. D. Ordinance appropriating a $7,673 grant addendum from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program; and declaring an emergency. ISSUE: The Elderly Nutrition Program (ENP) grant is made available through the Area Agency on Aging of the Coastal Bend and provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2008 through September 30, 2009. Additional funds for FY '09 were allocated to the Senior Community Services program through FY '08 Carryover Funding. The Title XX grant is made available through the Texas Department of Aging and Disability Services for the continuation of the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2008 through September 30, 2009. The Texas Department of Aging and Disability Services requested an addendum to the FY '09 contract to allow for an additional 1,550 meal units. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate the Federal grant addendum from the Area Agency on Aging of the Coastal Bend to fund the Elderly Nutrition Program and from the Texas Department of Aging and Disability Services for the Title XX Meals on Wheels Program grant addendum from October 1, 2008 through September 30, 2009. PREVIOUS COUNCIL ACTION: City Council accepts and appropriates Federal funds from the Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability Services for the continuation of the Senior Community Services, Elderly Nutrition Program and Title XX Meals on Wheels Program on an annual basis. FUNDING: The Area Agency on Aging of the Coastal Bend is issuing a grant addendum in the amount of $83,344 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services Elderly Nutrition Program from October 1, 2008 through PTA-73—of 5 September 30, 2009. The Texas Department of Aging and Disability Services is issuing a grant addendum in the amount of $7,673 in State funds to the City of Corpus Christi for the continuation of the Title XX Meals on Wheels Program. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate these additional funds from the Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability Services. Sally Gavl ° fi irector Parks and ' ecreation Department 361 826 -3.64 sallyg cctexas.com Attachments: Background Information PaPi of 5 BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. These projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -to -one information about both public benefits and private health insurance. Benefit counselors may also provide certain services for advance directives as outlined in the Texas Government Code §81.1011. The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We provided 65,746 congregate meals; 76,343 home delivered meals; 52,879 Title XX Meals on Wheels and 391 hours of Benefits Counseling service units during fiscal year October 2008 through September 2009. Senior center operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; recreation /leisure activities; health and wellness programs; nutrition education; advocacy; health education; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. PaWof 5 /L'Area Agency on ging OF 77!£ COASTAL BEND A Program of the Coastal Bend Council of Governments Funded by the Texas Department of Aging and Disability Services Memorandum To: Title III Older Americans Act Subcontractors: Aransas County, CACOST, City of Corpus Christi, Nueces County and Refugio County From: Betty Lamb Qrr,- Date: July 8, 2009 Re: Notification of FY09 Funds Available — NFA #5 The enclosed award represents your fifth allocation of funds for FY09 made available to Coastal Bend by the Texas Department of Aging and Disabilities (DADS) for Older Americans Act Services. The award period for these funds is October 1, 2008 through September 30, 2009. Your year -to -date award now represents your final award of FY09 Older Americans Act funding. We do not plan to utilize Federal Stimulus Funds until FY10. Refer to the attached `revised service benchmarks'. Please note that the revised benchmarks takes into consideration units served through May 31' and calculates a new benchmark for the remaining fiscal year. Again, the attached award represents carryover funding from FY08. C • Old o D11ve1DcCUnenis /ACmi•/9 NsAifV }099 /NF /S/0mo_1.i.O9 LOCATION: 2910 LEOPARD STREET; CORPUS CH1RSTI, TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 PHONE: (361) 883 -3935 TOLL FREE: 1 -800- 817 -5743 FAX: (361) 883 -5749 www.aaacoastalbend.org (LQ. NO1IFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Date: July 8, 2009 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: 10/01/2008 - 09/30/2009 CONTRACT NUMBER: AA3- 0948 -4 AWARD ISSUANCE NUMBER: 5 This Notification of Funds Available is issued as an addendum to your contact with the Coastal 'Bend Council of Governments — Area Agency on Aging for the period October 1, 2008 through September 30, .2 009. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract: -The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY09 Prior Contract Award FY09 Title III Award - this Action (1) FY09 NSIP Award — this Action (2). FY09 Cumulative Award CONGREGATE. MEALS III- C1ISGRII�TSIP $356,980 $ 20,912 $ 3,434 $381,326 HOME DELIVERED MEALS III C2 /SGRJNSIP $349,673 $ 19,959 $ 8,264 $377,896 SUPPORTIVE SERVICES III B $ 33,749 $ 1,411 $ - 0 - $ 35,160 TOTAL AWARD $740,402 $ 42,282 $ 11,698 $794,382 ' ,f (1) This award represents carryover final funding from FY08 from Older American Act Funds. This award should be considered as the `final award' for FY09. °Revised service benchmarks will be sent under separate cover. (2) This Nutrition Service Incentive Program (NSIP) Award represents your 'final' NSIP Award for FY09. 11 .rirtt- ir John P. Buckner, Executive Director Coastal Bend Council of Governments C:5010. 0• Df/Y.lDeavmenf siAdmIn10att,INF AI F7t009UUA,$tCNCe_ 1 -I lei —71— cc: City of CC, Grants Dept. Attn: Emily Gonzales Post Office Box 9277 Corpus Christi, TX 78469 County of Travis Legal Name of Contractor City of Corpus Christi Community Services Contract Amendment Doing Business As (DBA) Name of Contractor Senior Community. Services Address of Contractor (street, city, state; ZIP) P 0 Box 9277, Corpus Christi, TX 78469 Contract No. 167400 Amendment No. 11 -2 Region No, /Catchn entjwaiver'Contract Area 11 The Department of Aging and Disability-Services (DADS), hereinafter referred tows Department and City of Corpus Christi, hereinafter referred to as Contractor, agree to amend the contract for Home Delivered Meals (HDM), contract/vendor number 167400, as follows: ail PI These © These counties are added to the contract as reflected in the lines below: 0 0 ❑ These counties are deleted from the contract as reflected in the lines below: 0 0 El The attached covered counties list is adopted by the Department and the Contractor and represents the full listing of counties served as a result of this amendment. 0 E Other o The Department and the Contractor agree to increase the number of eligible Title XX units from 51,329 to 52,879; increase the total budget from $254, 078.55 to $261,751.05 for the period covered by the contract and; substitute the attached form 2029, Information Worksheet Purchase of Service Contract. The contracted unit rate of $4.95 remains the same. The above changes and, If applicable, the covered counties listed on Page 2 of this amendment are adopted by the Department and the Contractor it an amendment to the above referenced contract effective on the date by both, unlessctherwise indicated above. All other terms and conditions of the Community Services contract remain in full force and effect. Texas Department of Aging and Disabilty Services Signatu Rogelio Fuentes Representative City of Corpus Christi 4 %OcFO g—Z7'0 ` Date Signet ontractor R resentative Date Sally Gavlik Name of DADS Representative (Print or type) Regional Director Legal Approval James Burshtyn Name of Persoiti Signing (Print or type) Director, Parks and Recreation (Required if effective date of change is other than amendment effective date or if "Other' is checked above.) —72— Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $83,344 GRANT ADDENDUM AWARDED BY THE AREA AGENCY ON AGING OF THE COASTAL BEND FOR THE FY 2009 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: Octobera , 2009 Lisa Aguilar Interim City Attorney H:1LEG -DI RUeann ie\Lisa \Ord inances- Resolutions \Res- authGraltLComm.docx Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adarne Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:1 LEG- DIRWeannie\Lisa\Ordfinances- Resolutions \Res- authGrr Comm.docx Page 1 of 1 ORDINANCE APPROPRIATING A $83,344 GRANT ADDENDUM FROM THE AREA AGENCY ON AGING OF THE COASTAL BEND IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October , 2009 Lisa Aguila Interim City Attorney H: \LEG- DIRWeannie\Lisa \Ordinances- Resolutions \ORD -approp r1t_SrCommServ.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 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 HALEG -D I RWean n ielLisa\ Ordinances- Resolutions \ORD- approlgnt- SrCommServ.doc Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $7,673 GRANT ADDENDUM AWARDED BY THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES FOR THE FY 2009 SENIOR COMMUNITY SERVICES, TITLE XX MEALS ON WHEELS PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: October a-7 , 2009 Lisa Aguilar Interim City Attorney H:\LEG- DIRUeannie\Lisa\ Ordinances - Resolutions\ Res- authGran - r_CommMealsonWheels.docx Page 2of2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG -DIR\ Jeannie\ Lisa\ ordinances - Resolutions\ Res- authGrIner .CommMealsonWheels.docx Page 1 of 1 ORDINANCE APPROPRIATING A $7,673 GRANT ADDENDUM FROM THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY SERVICES, TITLE XX MEALS ON WHEELS PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $7,673 grant addendum from the Texas Department of Aging and Disability Services is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October a 13, 2009 Lisa Aguilar Interim City Attorney H:1LEG- DIRUeannie\Lisa\ Ordinances- Resolutions\ORD- appropGc, SrCommServMealsonWheels.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 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 -DI RWeann ie\Lisa \Ordinances- Resolutions \ORD- approkimp- SrCommServMealson Wheels.doc 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 2009 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. B. Ordinance appropriating a $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services Program; and declaring an emergency. D. Ordinance appropriating a $500 grant from the United Way Emergency Food and Shelter National Board Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services Program; and declaring an emergency. ISSUE: The Senior Community Services Division seeks additional grant opportunities to enhance program operations. The Texans Feeding Texans Program grant is made available through the Texas Department of Agriculture to supplement the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2008 through September 30, 2009. The Emergency Food and Shelter National Board Program is made available through the United Way to fund a pilot food pantry program at the Northwest Senior Center. The fund authorization period is April 2009 through August 2009. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate grant funds from the Texas Department of Agriculture Texans Feeding Texans Program to supplement the Senior Community Services Elderly Nutrition Program and from the United Way Emergency Food and Shelter National Board Program to fund a pilot food pantry program at the Northwest Senior Center. PREVIOUS COUNCIL ACTION: Both of these grants represent new funding. Paof 5 FUNDING: The Texas Department of Agriculture is issuing a Texans Feeding Texans grant in the amount of $445 to supplement the City of Corpus Christi Senior Community Services Elderly Nutrition Program from October 1, 2008 through September 30, 2009. The United Way is issuing a grant in the amount of $500 in Emergency Food and Shelter National Board Program funds to the City of Corpus Christi to fund a pilot food pantry program at the Northwest Senior Center. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Texas Department of Agriculture and the United Way. Sally Gavli"'Iirector Parks and ecreation Department 361 826 -3464 sallvg ancctexas.com Attachments: Background Information Pa &e44 of 5 BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. The Texas Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution and $10.00 grant to authorize the City of Corpus Christi's application for FY '09 funding. The City of Corpus Christi's grant allocation was to be determined by the county's grant application. Nueces County did not submit an application for FY '09 funds, therefore, the City's award was nominal. The Texans Feeding Texans Program allowed for an additional 72 meal units for FY '09. Nueces County officials have advised that they will be submitting a grant application for FY 2010 funding, therefore, we anticipate a significant increase in the City of Corpus Christi's funding allocation in FY 2010. 5 Pae55-0 f TEXAS DEPARTMENT OF AGRICU TODD STAPLES COMMISSIONER December 29, 2008 Ms. Sally Gavlik City of Corpus Christi, Parks and Rec. Dept., Senior Community Service Division P.O. Box 9277 Corpus Christi, TX 78469 Re: Texans Feeding Texans: Home- Delivered Meal Grant Program, Application No. HD.M -09 -314 Dear Ms. Gavlik: The Texas Department of Agriculture (TDA) is pleased to inform you that your 2009 application to the Texans Feeding Texans: Home- Delivered Meal Grant Program has been conditionally approved and that we are able to offer City of Corpus Christi, Parks and Rec. Dept, Senior Community Service Division, serving meals in Nueces County, a grant of $444.76. Acceptance of this grant will be conditional on your completion and return of the enclosed Grant Agreement ("Agreement"). Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must be completed and returned. The budget should indicate how the organization intends to expend the 2009 grant funds. While we urge you to represent your budget as accurately as possible, there are mechanisms described in the agreement, Section IX, 9.5, to revise the budget during the grant year, if necessary. Grant funds must be used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. Grant funds may not be used for the purchase of capital assets. This would include any equipment valued at $5,000 or more In order for TDA to monitor the expenditure of grant funds, you will be required to provide Quarterly .Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Some organizations have chosen to keep separate accounts or fund records to simplify this reporting. Please sign and return both copies of the Agreement to our office by January 16, 2009. One full) executed copy will then be returned to you for your records and one will be retained at TDA. If TDA does not receive your signed Agreement by January 16, 2009, your grant will be forfeited. P.O. Box 12847 Austin, Texas 78711 (512) 463 -7476 Fax (888) 223 -8861 For the Hearing Impaired: (800) 735 -2989 (TTY) www.tda,state.tx.us www. efs p. u n i tedag(ay. o rg t-ATClitcE.-Y DIVISION 11769' j1J;N 8284- 00eciuui , TX Sally Gavlik, Director City of Corpus Christi, Parks & Recreation Dept, Senior Community Services Division 1201 Leopard Corpus Christi, TX 78401 Emergency Food and Shelter Program 701 North Fairfax Street, Suite 310 Alexandria, VA 22314 -2064 Phone 703 -706 -9660 Fax 703- 706 -9677 RE: Account Status for Phase AR LRO ID: 828400-019 AR- 8284 -00 019 C1 06117/09 LRO 019 LRO ID: 828400 -019 The funds you are receiving are Federal funds as authorized under Public Law 111 -5. The CFDA number for the Emergency Food and Shelter Program is 97.114. For access to the EFSP web site, you need a password. If you have not already set one, your temporary password is your LRO ID without the hyphens, e.g. 123456789 for LRO ID# 1234 -56 -789. You will have to change this the first time you access the Local Board and LRO Information page of the web site. As of today, our records indicate that your LRO has received the following awards(s) under this phase of the Emergency Food and Shelter National Board Program: Award Amount 500.00 Award Adjustments 0.00 Award Total 500.00 Your LRO may begin charging expenses against this total as of 10101108. Funds must be expended prior to 09130109. To date, your LRO has received the following payment(s): First payment (Check C250659) 250.00 Payment Total 250.00 Monies still due your LRO: Sincerely, $250'.00 Sharon M. Bailey Vice President Page 1 of 1 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $445 GRANT AWARDED BY THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM FOR THE FY 2009 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feed Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: October ,93 , 2009 Lisa Aguilaf�) Interim City Attorney H:\ LEG -DI R\Jeannie\ Lisa\ Ordinances - Resolutions\ Res- authGer pr.CommTexansFeedingTexans.docx Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H ALEG -DI RUean nielLisa\ Ordinances- Resolutions\Res- authere9Sr. CommTexansFeedingTexans.docx Page 1 of 2 ORDINANCE APPROPRIATING A $445 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE TEXANS FEEDING TEXANS PROGRAM IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 2). , 2009 ,/ Lisa Aguilar v Interim City Attorney HALEG- DIR\Jeannie\ Lisa \Ordinances- Resolutions \ORD - app g 0aat- SrCommServTexansfeedingTexans .doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. l /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- DIRWeannie\Lisa \Ordinances- Resolutions \ORD -appr pgJrtot: SrCommServTexansfeedingTexans .doc Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $500 GRANT AWARDED BY THE UNITED WAY EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM FOR THE FY 2009 SENIOR COMMUNITY SERVICES PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: October) , 2009 Lisa Aguilar' Interim City Attorney HALEG -DI RWea nn ie\ Lisa\ Ordinances - Resolutions \Res -auth Gre2Sr.Comm UWgrant.docx Page 2 of 2 Corpus Christi, Texas Day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:1LEG- DIR\Jeannie \Lisa \Ordinances- Resolutions \Res- authGr9ntar.CommUWg rant.docx Page 1 of 2 ORDINANCE APPROPRIATING A $500 GRANT FROM THE UNITED WAY EMERGENCY FOOD AND SHELTER NATIONAL BOARD PROGRAM IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2009 SENIOR COMMUNITY SERVICES PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $500 grant from the Texas Department of Agriculture Texans Feeding Texans Program is appropriated in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October,, 2009 Lisa Aguilar Interim City ttorney H:\ LEG- DIRWeannie \Lisa \Ordinances- Resolutions \ORD- apprppgr$rk SrCommServ- UWgrant.doc Page 2 of 2 Corpus Christi, Texas day of , 2009. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 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 ALEG -DI RWeann ie\Lisa \Ord finances- Resolutions \ORD- appropC86t- SrCommSery -UWg rant.doc 11 AGENDA MEMORANDUM DATE: November 10, 2009 SUBJECT: ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $58,492 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AGENDA ITEMS: a) Resolution authorizing the City Manager or designee to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $40,492 for books for all libraries; $1,000.00 for archival supplies for La Retama Central Library; and $17,000.00 for servers and thirteen pc's for public use. b) Ordinance appropriating a grant in the amount of $58,492 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $40,492 for books for all libraries; $1,000.00 for archival supplies for La Retama Central Library; and $17,000.00 for servers and thirteen pc's for public use; and declaring an emergency. ISSUE: The state has made available $58,492 to the library as part of its Loan Star Libraries Grant program. The library will use these funds for books, archival supplies and furniture. Last year's grant was $44,206. REQUIRED COUNCIL ACTION: Appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries herbc @cctexas.com 826 -7070 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $58,492 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LOAN STAR LIBRARIES GRANT TO BE USED AS FOLLOWS: $40,492 FOR BOOKS FOR ALL LIBRARIES; $1,000.00 FOR ARCHIVAL SUPPLIES FOR LA RETAMA CENTRAL LIBRARY; AND $17,000.00. FOR SERVERS AND THIRTEEN PCS FOR PUBLIC USE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries grant to be used as follows: $40,492 for books for all libraries; $1,000.00 for archival supplies for La Retama Central Library; and $17,000.00 for servers and thirteen PCs for public use. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 4, 2009 oC..c�r Lisa Agui Interim City Attorney H: \LEG- DIR \Lisa\2009 Resolutions \Res - AuthGrant- Teit'ds1 &tibrary.doc Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Page 1 of 2 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $58,492 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO BE USED AS FOLLOWS: $40,492 FOR BOOKS FOR ALL LIBRARIES; $1,000.00 FOR ARCHIVAL SUPPLIES FOR LA RETAMA CENTRAL LIBRARY; AND $17,000.00 FOR SERVERS AND THIRTEEN PCS FOR PUBLIC USE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $58,492 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to be used as follows: $40,492 for books for all libraries; $1,000.00 for archival supplies for La Retama Central Library; and $17,000.00 for servers and thirteen PCs for public use. 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 November, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: November 4, 2009 Lisa Agui( Interim City Attorney —102 - H:1LEG- DIR\Lisa\2009 Ordinance \ORD- approoGrant -Texas State Librarv.doc Page 2of2 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- appropGrant -Texas STale itirary.doc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 20009 AGENDA ITEM: Ordinance appropriating $117,064.46 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk -thru detector services, and handheld radios for the City Marshals; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $117,064.46; and declaring an emergency. ISSUE: The Municipal Court continues to find itself, as do other public entities, in a fragile state after the September 11th occurrence. Today, Building Security continues to be on the minds of everyone. Fortunately, the Court finds itself in a good position to make positive efforts to improve staff and customer security. We are requesting approval of this agenda item to continue to move forward in providing the safest possible environment to all who work at or utilize the Municipal Court. REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed with this process. PREVIOUS COUNCIL ACTION: Council has previously approved actions to perform necessary building modifications, hardware replacements and funding for security personnel from this fund. CONCLUSION AND RECOMMENDATION: We recommend the approval of the ordinance to allow the Court to proceed with this process. Honorable Mai`gie S. 'Flores Presiding Judge of Municipal Court a A 4 ir P. 1,614- Rene R. Mendiola Director of Municipal Court renem@cctexas.com 826 -2503 BACKGROUND INFORMATION This item has been presented to the Municipal Court Committee on October 13, 2009, who has approved for the Court to proceed with this item to the City Council. In September 1995, the State Legislature passed a bill that allowed the Court to collect $3.00 on each conviction at Municipal Court. On November 21, 1995, the City Council approved the creation of the Municipal Court Building Security Fund at a fee of $3.00, to be used on defined items in the building that houses the Municipal Court. There is currently a fund balance of $117,064.49. The Municipal Court continues to find itself, as do other public entities in a fragile state, after the September 11`h occurrence. Today, Building Security continues to be on the minds of everyone. Fortunately, the Court finds itself in a good position to make positive efforts to improve staff and customer security. The Court is requesting approval of this agenda item to do the following items: CONTRACT WITH VENDOR (SCREENING): The Court purchased equipment by which all individuals who enter the Municipal Courtrooms can be screened. Two Walk -Thru metal detectors have been successfully installed to ensure continued advancements in this area. However, personnel are required for the operation of this equipment. Lynwood Cain Security currently performs the function. We have confirmed with City Purchasing that we can proceed on a month -to month for the remainder of this fiscal year. This will allow the Court to proceed with the operation of this most - critical function. During this time, we will work with Purchasing and Budget to provide long term contractual services for this critical issue, with possible renewals, based on availability of funds and Council approval. The current cost of this operation is $8,187.98 per month for annual total of $98,255.76. RADIOS FOR CITY MARSHALS: The Court employs ten (10) Deputy City Marshals, which provide a huge benefit to the City. Warrants continue to be processed at a high level for the number of officers onboard. In addition to warrant execution, these officers provide building security at the Municipal Juvenile/Environmental Court, Juvenile Assessment Center, as well as the Downtown Court. Communications between these locations, as well as ensured communications with other law enforcement agencies require that we continue to stay abreast with the latest technology. The identified radios will allow this ongoing communication to occur. The cost of these ten (10) handheld radios is $1,880.97 per radio, for a total of $18,808.70. The court continues to find opportunities to positively impact court security. Therefore, it is with great excitement that we bring this to the City Council. The Court has had strong support in its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front. —108— Page 1 of 2 ORDINANCE APPROPRIATING $117,064.46 FROM THE MUNICIPAL COURT BUILDING SECURITY FUND DESIGNATED FOR MUNICIPAL COURT FACILITY SECURITY TO INCLUDE WALK -THRU DETECTOR SERVICES AND HANDHELD RADIOS FOR THE CITY MARSHALS; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $117,064.46. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $117,064.46 from the Municipal Court Building Security Fund is appropriated for Municipal Court facility security to include walk -thru detector services and handheld radios for the City Marshals. SECTION 2. That Ordinance No. 028252 which adopted the FY 2009 -2010 Operating Budget is changed to increase appropriations by $117,064.46. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: 1r -073 , 2009 By: Lisa Agui• Interim City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIRUeannie \Lisa \Ord finances - Resolutions \Ord- approp -Mun iCt- Security. docx —109— Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DI RUeannie\Lisa \Ordi nances- Resolutions \Ord - approp - MuniCt -Secu rity.docx —110— 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 2009 AGENDA ITEM: Ordinance appropriating $153,762.15 from the Municipal Court Technology Fund for Municipal Court technological improvements including Server work, Copier and PC leases, Court Software Data Base Analyst services and toners for Prosecutors' Office; changing the FY 2009 -10 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $153,762.15; and declaring an emergency. ISSUE: The Municipal Court continues to find itself, as do other Municipal Courts to utilize the State - approved programs to improve technological processes in the Municipal Court. Fortunately, the Court finds itself in a good position to make positive efforts to improve staff and customer service. We are requesting approval of this agenda item to continue to move forward in providing the safest possible environment to all who work at or utilize the Municipal Court. REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed with this process. PREVIOUS COUNCIL ACTION: Council has previously approved actions to perform necessary technological improvements from this fund. CONCLUSION AND RECOMMENDATION: We recommend the approval of the ordinance to allow the Court to proceed with this process. Honorable Mang% S. Flores Presiding Judge of Municipal Court Rene R. Mendiola Director of Municipal Court renem @cctexas.com 826 -2503 BACKGROUND INFORMATION This item has been presented to the Municipal Court Committee on October 13, 2009, who has approved for the Court to proceed with this item to the City Council. In September 1999, the State Legislature passed a bill that allowed the Court to collect $4.00 on each conviction at Municipal Court. On October 19, 1999, the City Council approved the creation of the Technology Fund at a fee of $4.00, to be used on defined items for technological improvements to Municipal Court. There is currently a fund balance of $153,762.15. The Court is requesting approval of this agenda item to do the following items: SERVER WORK: The City of Corpus Christi continues to move forward in its approach to stay abreast of technology. With this comes the need to maintain the quality of equipment for Municipal Court, including Servers and all the detailed work associated with this. The Court has recently changed domains and is now behind the Police Department firewall which allows for additional security. Server work is required to ensure that we continue to move forward. The cost of this work is $30,970.20. LEASED COPIERS AND PC WORKSTATIONS: The City of Corpus Christi continues to move forward in its approach to stay abreast of technology. With this comes the need to maintain the quality of equipment for Municipal Court, including Computer Workstations and Copiers. The lease cost of the Workstations is $48,681.95 and the lease cost of the Copiers is $24,010.00 for a total of $72,691.95. DATA BASE ANALYST SERVICES: The Court's application software is complex and constant work is required to ensure the integrity of the database. The Court has contracted with the Infosol, the software vendor to provide this specialized service. Many improvements and enhancements have been made to the system to ensure compliance will all state - mandated programs. The cost of this service is $49,000.00 annually. TONERS FOR PROSECUTORS' OFFICE: The Prosecutors' Office utilizes city equipment and has requested funds to offset some costs to their office for an item that is covered under the Technology Fund statute. They have requested funds for toner replacements in the amount of $1,100.00. The court finds itself to continue with opportunities to stay abreast and improve processes. Therefore, it is with great excitement that we bring this to the City Council. The Court has had strong support in its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front. Page 1 of 2 ORDINANCE APPROPRIATING $153,762.15 FROM THE MUNICIPAL COURT TECHNOLOGY FUND FOR MUNICIPAL COURT TECHNOLOGICAL IMPROVEMENTS INCLUDING SERVER WORK, COPIER AND PC LEASES, COURT SOFTWARE DATA BASE ANALYST SERVICES AND TONERS FOR PROSECUTORS' OFFICE; CHANGING THE FY 2009 -10 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $153,762.15. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $153,762.15 from the Municipal Court Technology Fund is appropriated for Municipal Court technological improvements including server work, copier and PC leases, court software data base analyst services and toners for prosecutors' office. SECTION 2. That Ordinance No. 028252 which adopted the FY 2009 -2010 Operating Budget is changed to increase appropriations by $153,762.15. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: Clz , 2009 By: Lisa Aguilar Interim City Attorney Joe Adame Mayor H: \LEG -DI R\Jean n ie\Lisa \Ord inances- Resolutions \Ord- approp -Mun iCt- Technolog ical.docx —1 1 5— Page 2of2 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:1LEG -DI RUeanniel Lisa\ Ordinances - Resolutions\ Ord- approp- MuniCt- Technological.docx —116— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 2009 AGENDA ITEM: Ordinance appropriating $26,712.94 from the Municipal Court Judicial Improvement Fund for judicial improvements; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $26,712.94; and declaring an emergency. ISSUE: The Municipal Court continues to find itself with an opportunity to improve enforcement of court cases. We are in this position because of the availability of funds. The Court utilizes this fund, as allowed by state statute for the purchase of items and services that would improve the processes. The items purchased would allow us to stay abreast with current needs. REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed with this process. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this item. CONCLUSION AND RECOMMENDATION: We recommend approval of the ordinance to allow the Court to proceed with this process. Honorable Ntargie S. Flores Presiding Judge of Municipal Court 22AAA!K .µpa Rene R. Mendiola Director of Municipal Court renem @cctexas.com 826 -2503 BACKGROUND INFORMATION This item has been presented to the Municipal Court Committee on October 13, 2009, who has approved for the Court to proceed with this item to the City Council. On January 1, 2004, the State Legislature passed a bill that allowed the Court to collect $25.00 on each conviction at Municipal Court. Of this $25.00, the Court is allowed to keep 10% of the fees collected for the sole purpose of Judicial Improvements and Efficiency. There is currently a fund balance of $26,712.94. The Court is requesting approval of this agenda item to do the following items: JUDICIAL IMPROVEMENTS: The judicial section of the Court is faced with judicial and magistration requirements while one of the judges is out on leave. Additional funding will provide the court with the ability to secure this opportunity. This became an issue since the ongoing improvements at the court have resulted in the improvement of service to our citizens. In addition, these individuals must receive proper training to ensure compliance with all laws. The costs associated with this continued enhanced improvement to magistration include funding for partial expenditures of salaries and wages for part-time magistrates /judges for the remainder of the fiscal year. The total amount required is $64,162 of which $26,712.94 is being requested from the Judicial Improvement and Efficiency Fund. The balance of funding for other required expenditures for these judges including training, continuing education and benefits is being handled by the Municipal Court Judicial Department and the Office of Management and Budget. It is with great excitement that we bring this to the City Council. The Court has had strong support in its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front. —1 2 0— Page 1 of 2 ORDINANCE APPROPRIATING $26,712.94 FROM THE MUNICIPAL COURT JUDICIAL IMPROVEMENT FUND FOR JUDICIAL IMPROVEMENTS; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $26,712.94. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $26,712.94 from the Municipal Court Judicial Improvement Fund is appropriated for judicial improvements. SECTION 2. That Ordinance No. 028252 which adopted the FY 2009 -2010 Operating Budget is changed to increase appropriations by $26,712.94. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: O(J- ,R3 , 2009 By: �v�' Lisa Aguil r Interim City Attorney H: \LEG -DI R\Jeann ie\Lisa \Ord inances- Resolutions\ Ord- approp -M uniCt- Judiciallmprovementsl.docx —121— Page 2 of 2 Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG -DI R\Jean n ie \Lisa \Ord in ances- Resolutions \Ord- approp- MuniCt -J udicial Improvementsl.docx —122— 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 2009 AGENDA ITEM: Ordinance appropriating $179,504.60 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) cases managers hired to address all court ordered cases management, previously working for the Juvenile Assessment Center and one (1) case manager to address JNA (Juvenile Now Adult) cases at the Municipal Court; changing FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to increase appropriations by $179,504.60; and declaring an emergency. ISSUE: The Municipal Court continues to find opportunities to enhance the ability to best serve the public. Fortunately, the Court finds itself in a good position to make positive efforts to improve staff providing court ordered case management. We are requesting approval of this agenda item to continue to move forward in providing the safest possible environment to all who work at or utilize the Municipal Court. REQUIRED COUNCIL ACTION: Approval of the ordinance to allow the Court to proceed with this process. PREVIOUS COUNCIL ACTION: Council has previously approved actions for personnel from this fund. CONCLUSION AND RECOMMENDATION: We recommend the approval of the ordinance to allow the Court to proceed with this process. cl Honorable Margie S. Flores Presiding Judge of Municipal Court Rene R. Mendiola Director of Municipal Court renem @cctexas.com 826 -2503 —125— BACKGROUND INFORMATION This item has been presented to the Municipal Court Committee on October 13, 2009, who has approved for the Court to proceed with this item to the City Council. In September 2005, the State Legislature originally passed a bill, which City Council passed as well that allowed the Court to collect $3.00 on each conviction at Municipal Court. In July 2009, the City Council amended the Municipal Court Juvenile Case Manager Fund at a fee of $5.00, to be used only to finance salaries and benefits of a juvenile case manager employed by the Municipal Court of record under Article 45.056 of the Texas Code of Criminal Procedure. There is currently a fund balance of $179,504.60. The Municipal Court continues to find opportunities to enhance the ability to best serve the public. Fortunately, the Court finds itself in a good position to make positive efforts to improve staff providing court ordered cases management. We are requesting approval of this agenda item to continue to move forward in providing the safest possible environment to all who work at or utilize the Municipal Court. The Court is requesting approval of this agenda item to do the following items: THREE (3) CASE MANAGERS: These case managers report to Municipal Court and perform court ordered case management. They perform all necessary functions with juveniles to best assist them to comply with court orders, including but not limited to school visits, home visits, individual and family counseling, urine analysis testing, then reporting back to the court the status and final outcome of the cases. ONE (1) JNA (JUVENILE NOW ADULT) CASE MANAGER: The Juvenile Now Adult program addresses juvenile cases where the defendant is now an adult. By completing all the appropriate documentation and forms throughout the juvenile process, the Court is able to issue a warrant for the adult who has ignored the Court as a juvenile. The court finds itself to continue with a tremendous opportunity to improve and enhance the ability to serve the use in accordance with state guidelines. Therefore, it is with great excitement that we bring this to the City Council. The Court has had strong support in its endeavors to improve the quality and effectiveness of service that we provide and we continue to move forward on this front. —126— Page 1 of 2 ORDINANCE APPROPRIATING $179,504.60 FROM THE MUNICIPAL COURT CASE MANAGER FUND FOR SALARIES, RETIREMENT AND INSURANCE FOR THREE (3) CASES MANAGERS HIRED TO ADDRESS ALL COURT ORDERED CASES MANAGEMENT, PREVIOUSLY WORKING FOR THE JUVENILE ASSESSMENT CENTER AND ONE (1) CASE MANAGER TO ADDRESS JNA (JUVENILE NOW ADULT) CASES AT THE MUNICIPAL COURT; CHANGING FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $179,504.60. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $179,504.60 from the Municipal Court Case Manager Fund is appropriated for three (3) case managers hired to address all court ordered cases management and one (1) case manager to address JNA (Juvenile Now Adult) cases at Municipal Court. SECTION 2. That Ordinance No. 028252 which adopted the FY 2009 -2010 Operating Budget is changed to increase appropriations by $179,504.60. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form:,%VbtJ l % , 2009 By: t A7 Lisa Aguilar Interim Cit'Attorney C: \DOCUME- 1 \IisaA \LOCALS- 1\TemplOrd- approp- MuniCt -Cas r gls.docx Page 2of2 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott C: \DOCUME -1 \IisaA \LOCALS -1 \ Temp \Ord - approp- MuniCtZsArs.docx 16 AGENDA MEMORANDUM City Council Action Date: November 10, 2009 SUBJECT: City Hall Annex Building (Project No. E09055) AGENDA ITEM: a. Ordinance appropriating an amount of $189,325.00 from the Unappropriated Fund Balance in Water Fund No. 4010 and an amount of $189,325.00 from the Unappropriated Fund Balance in Wastewater Fund No 4200 to procure a prefabricated modular building to replace the City Hall Annex Building; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $378,650.00; and declaring an emergency. b. Motion declaring an emergency and authorizing the City Manager, or his designee, to execute a procurement contract with Mobile Mini, Inc. of Corpus Christi, Texas in the amount of $265,894 to replace the City Hall Annex Building to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of damage to public property. ISSUE: The City Hall Annex Building houses the construction inspection activity and survey activity of the Engineering Services Department. The existing building is near the end of its economic life. The building's remaining economic life makes renovation cost prohibitive. Installation of a pre- manufactured building is the most expeditious and cost effective method to provide the required office space. FUNDING: Funding is available from the FY 2010 Water and Wastewater Operations Fund Balance upon appropriation. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: \HOME\KEVIN S\ GEN\ Engineering\Annex200912AwdMemo. doc —131— Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean(a cctexas.com BACKGROUND INFORMATION SUBJECT: City Hall Annex Building (Project No. E09055) REPAIR/REPLACEMENT ALTERNATIVES: Staff reviewed various alternatives to the need to repair or replace the Existing Annex Building. Options considered including temporary leasing of space, lease purchase of existing buildings, new construction or purchase of a pre- manufactured building. Building owners with available suitable space were reluctant to enter a short term lease. Other available property was not conducive to management of the employees and did not provide proximity to City Hall. The time required for new construction is likely to be excessive with a higher total cost than the pre- manufactured unit. It was determined that fastest method to provide the employees with a cost effective suitable work space was to purchase a pre- manufactured building. BACKGROUND: The existing City Hall Annex Building houses the construction inspection activity and survey activity of the Engineering Services Department. The existing building is deteriorated, and is estimated to have a remaining service life potentially less than ten years. The cost of major renovation to continue occupancy of the building was estimated to be in excess of estimated to be $94,000.00 not including the cost to abate asbestos located throughout the building. Additionally, the structural engineer retained to evaluate the building noted the lack of plans could drive the cost to continue occupancy even higher. It is not required to abate asbestos in non - school buildings unless the material is likely to be disturbed during remodeling or demolition. While the building is safe to occupy, it is does not provide the personnel assigned to the building with a suitable work environment. Prior structural evaluations indicated that the useful remaining economic life of the building could be as little as 8 to 10 years. That consultant recommended making minimal investment in the building as it was likely the structure continued use past that time would be doubtful. The combined cost of remodeling in addition to the cost of replacing the building in 8 to 10 years resulted in a determination the most cost effective solution would be to purchase a pre- manufactured engineered building at this time. Installation of a portable building is necessary to house the engineering department staff currently assigned to the Annex. The personnel located in the building include the Engineering Department's Construction Inspection and Survey personnel. It is proposed to locate the new building on the northwest corner of the old Sears building site, next to City Hall. The new facility will meet all code requirements including water and wastewater utilities. The personnel to be housed in the pre- manufactured building provide direct support for Combined Utility Fund projects. The majority of the assigned duties of these personnel H: \HOME\KEVINS\GEN\Engineering Annex200913AwdBkgExt doc —132— EXHIBIT "A" Page 1 of 3 relate to utility capital projects. The building will be classified as a Water and Wastewater asset for financial reporting purposes. When funding for a permanent building is made available, the pre- manufactured unit will be relocated for water /wastewater use. QUOTE INFORMATION: Informal bids for a portable building were solicited by directly contacting five pre- manufactured building companies. Prices ranged from $20.00 to $135.00 per square foot ($90,000.00 to $607,500). The lowest price was by Centurion Industries, but the company provided only the building shell with no flooring, sheetrock, restroom, etc. The lowest per square foot price responsive proposal for a finished unit complete in place was offered by Mobile Mini ($54.00 per square foot). Mobile Mini, Inc. of Corpus Christi, Texas submitted a quote in the amount of $265,894, for a 4,900 square foot building including delivery, set up, and skirting. The building is designed and rated at 120 mph wind speed (3 second gusts) which meets the requirements of the Texas Department of Insurance and the local building code. The price includes delivery and set up on site including pad, piers, and tie down. The price does not include site and other work that must be performed locally. The site work will be separately contracted by the City with a local firm. All other manufacturers offered smaller building at a higher cost per square foot. The bid tabulation is attached (See Exhibit B). SITE WORK: A firm price for site work cannot be developed until site plans are available to solicit prices. The site work cost estimate is based on the cost of recent placement of pre- manufactured buildings by the City at other locations. Site work will include curb work, sidewalk ramp work, sidewalks, ADA entry ramps, stairs, ADA signage, grading and excavation, compacted fill, vapor barriers, crushed gravel fill, water and sewer lines, water and utility connection, electrical work, soding and miscellaneous items. EXISTING ANNEX BUILDING: The existing building will be vacated and secured. The intent is to mitigate and demolish the building when funds become available. The site will be reused for additional parking or as a future building site. CONTRACT TERMS: The project is estimated to require six (6) to nine (9) weeks, with completion anticipated in January 2010. CONTRACT AUTHORITY: The City Manager is authorized to approve contracts in excess of $50,000 by Charter Art. X, Sec. 2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Government Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to: 1. 2. 3. preserve the property of the municipality; preserve or protect the public health or safety of the municipality's residents; and is due to unforeseen damage to public machinery, equipment or other property. H: \HOME\KEV INS\ GEN \Engineering\Annex200913AwdBkg ExhA. doc —133— EXHIBIT "A" Page 2 of 3 FUNDING: Funding is available upon appropriation from the Water and Wastewater Funds. RECOMMENDATION: It is recommended: 1. staff be authorized to administratively issue a notice to proceed with the repairs; and 2. an emergency be declared to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. H: \H O M EI KE V I N S \G E N \E n g i neeri nglAnnex200913Awd B kg ExhA. d oc —134— EXHIBIT "A" Page 3 of 3 co W U) 0 a 0 0 O 0 w cc ' N 0 Fn LL Z v W 0 J Q Ow a)cU Z c C7 N �W _c0_ iz H 0 W Z 2 W O 0 2 00 1 ED__ 50 a �w LIJ as 2 N 1- N Q vi O O) c O > O a) N C } N m Q) a) O < 0 Q Q F- 0 Z ARCHITECT'S ESTIMATE: Icon Construction, Inc. 1951 Univ. Business Dr. McKinney, TX 75041 TOTAL I $182,714.96 $119,841.04 ** $302,556.00 ** I UNIT PRICE $39.51 $119,841.04 a v N nr- Nortex Modular Space 555 Jubilee Lane Lewisville, TX 75056 TOTAL * 0 O (0 N O O N 69 0 0 O) 10 U) N $254,605.00* 1 UNIT PRICE $54.53 $25,579.00 o 0 0 N ni 1- Mobile Mini, Inc. 8421 Up River Road Corpus Christi, TX 78409 TOTAL Q 6 oco N 69 O° Ni O 73 $265,894.00 UNIT PRICE 0 O N In 08 $11,094.00 0 0 0 °) ~ n LL (!) cri J CITY HALL ANNEX BUILDING REPLAC Project No. E09055 DESCRIPTION Bid Premanufactured Office Building Delivery, set up, skirting and tie down AL BASE BID , N c E c O N a 0) 0 o� 0) 0 E c 0 c w c C N O U o'E E o E U O .O c o c O' E a) 0 t- o ED. 0 co U C " N E a E 3 c o v a) ID w > o as O L E (C c j[ 13 CO a »- c+r W a) a) o > O a 0 c 0 c a) U Phone Quotation 0 $90,000.00 * ** $90,000.00 * ** UNIT PRICE a O Servpro of Lake Arlington Phone Quotation O O O O 10 O (0 69 $607,500.00 UNIT PRICE 10 69 0 10 co 69 a O O CITY HALL ANNEX BUILDING REPLACEMENT Project No. E09055 1— Z LL ui J DESCRIPTION Premanufactured Office Building N TOTAL BASE BID -135- *** Bid deemed non - responsive. Proposal for a shell building without flooring, sheetrock, restroom, etc. PROJECT BUDGET CITY HALL ANNEX BUILDING PROJECT NO. E09055 November 10, 2009 FUNDS AVAILABLE: Water.................... ..... ................. ...... ........ ..................... ....... ......... $189, 3 25 Wastewater................ . $189,325.00 Total................. ...... ............ $378,650.00 FUNDS REQUIRED: Construction (Mobile Mini, Inc.)...... ....... ... ......... ............................... $265,894.00 A/E (ADA, Windstorm Inspection & Site Design) $21,800.00 Windstorm Inspection /Certification $4,500.00 TDLR Accessibility Inspection $1,200.00 Local Site Improvements /Utility Connections $72,000.00 Contingencies (5.3%)...... ........................................ ............................... 3,2 1 56 00 Total ........................................................ ............................... 8 $ 7 6 50.00 3 FUNDS REMAINING............ $0.00 -136- Exhibit C Page 1 of 1 ?project councilexhibits exhE09055.dwg rA el CORPUS C.CeRIS?i say WINNEBAGO 37 1 LOCATION MAP NOT TO SCALE c1 I 1 INTERSTATE 37 LEOPARD ST z 1 z WINNEBAGO 37 PROJECT SITE ANTELOPE ST s MESTINA8T UPAN ST CITY HALL VICINITY MAP PROJECT # E09055 NOT TO SCALE &SESTINA ST NUECES COUNTY COURTHOUSE EXHIBIT 'D' CITY HALL ANNEX BUILDING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIS77, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 11/10/2009 a = -137- ORDINANCE APPROPRIATING AN AMOUNT OF $189,325 FROM THE UNAPPROPRIATED FUND BALANCE IN WATER FUND NO. 4010 AND AN AMOUNT OF $189,325 FROM THE UNAPPROPRIATED FUND BALANCE IN WASTEWATER FUND NO. 4200 TO PROCURE A PREFABRICATED MODULAR BUILDING TO REPLACE THE CITY HALL ANNEX BUILDING; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS BY $378,650; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an amount of $189,325 from the Unappropriated Fund Balance in Water Fund No. 4010 and an amount of $189,325 from the Unappropriated Fund Balance in Wastewater Fund No. 4200 are appropriated to procure a prefabricated modular building to replace the City Hall Annex Building. SECTION 2. That the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase appropriations by $378,650. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 10th of November, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: November 10, 2009 Lisa Aguil Interim Ci y Attorney APPRO 4 Prefabricated Modular Building.doc.11g —138— Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott APPRO 4 Prefabricated Modular Building.doc.11g —13 9— 17 AGENDA MEMORANDUM DATE: November 10, 2009 SUBJECT: Street Lighting — FM 624 — Highway 77 to approximately 1500' west of County Road 73. AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute a letter of agreement with Nueces Electric Cooperative in Robstown, Texas, in the amount of $54,714.06 for the FM 624 Continuous Lighting Plan, from Highway 77 to approximately 1500' west of County Road 73. ISSUE: The City of Corpus Christi has requested additional lighting on FM 624 from Nueces Electric Cooperative. Installation of street lights along the recently improved FM 624 is necessary to comply with urban arterial illumination standards. If approved, the City of Corpus Christi anticipates the project to be complete by the end of 2009. REQUIRED COUNCIL ACTION: Council approval is required for expenditure over $50,000. FUNDING: Funding is available through the Bond 2004 project number 170593, Leopard Street Lighting. RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E., Director of Engineering Services PeteAn @cctexas.com 361- 826 -3781 Additional Support Material Exhibit "A" Background Information Exhibit "B" Location Map Exhibit "C" NEC Cost Estimate Letter BACKGROUND INFORMATION BACKGROUND: FM 624 was recently improved by TXDOT with City participation. Installation of continuous illumination is a City responsibility. Installation of street lights is one of the last improvements installed on street projects. FM 624, from Highway 77 to approximately 1500' west of County Road 73 has been complete for over a year and needs additional street Tight installations. PROJECT DESCRIPTION: This project consists of the installation of sixty -three (63) new 250 watt high pressure sodium vapor street light fixtures on 14' arms, six (6) new concrete pole installations and two (2) new wood pole installations. The fixtures will be installed on the new pole installations and existing wood poles using overhead an underground circuits. CONTACT INFORMATION: Street lights are installed and maintained by Nueces Electric Cooperative on a cost - sharing basis. The City pays a not to exceed installation cost and operating costs. Nueces Electric Cooperative retains ownership of the equipment and is responsible for maintenance. Nueces Electric Cooperative has agreed to complete the installation for an estimated cost of $54,714.06. See Exhibit "C" FUTURE COUNCIL ACTION: None Anticipated. RECOMMENDATION: Approval of the motion as presented. EXHIBT "A" Page 1 of 1 —144— FM 624 LENGTH OF PROPOSED LIGHTING — — — CORPUS CHRISTI CITY LIMITS LOCATION MAP SUBJECT: FM 624 CONTINUOUS LIGHTING PROJECT LIMITS EXHIBIT "B" Traffic Engineering Div. Engineering Services Dept. -145- A Touchstone Energy' Cooperative i November 2, 2009 Subject: City Of Corpus Christi — FM -624 Street Light Installation Project Rebecca Gutierrez Engineer's Assistant I City Of Corpus Christi Traffic Engineering Ms. Rebecca Gutierrez and to Whomever It May Concern, A cost estimate was provided to the City Of Corpus Christi on October 9, 2009 for $54,714.06 to install 63 new street lights along FM -624. The cost estimate includes: • 63 New Lighting Fixtures With 14' Arms • 6 New Concrete Poles (As Required By Management) • 2 New Wooden Poles • 9 Transformer Material Units (Transformer Itself Will Be At No Charge) • Approx. 1,193 ft. of Trenching • Approx. 30 ft. of Boring Please understand that we will not invoice the city based on the above mentioned cost estimate. An invoice will be provided once all construction and installations have been made complete. The final invoice may differ from the cost estimate due to fluctuating pricing of materials and possible changes made to the project by the city or Nueces Electric Cooperative. If you have any questions, please feel free to contact me at any time. Thank you. Say Park Distribution Engineer (361) 387 -2581 ® spark@nueceselectric.org 709 F MIAIN STREET "P O BOX 1032 ROBSTOWN, TX 78380 P 361/387 -2581 1-800/NEC ATT. F 361/3874139 tivcwc.nueceselectric.org —146— EXHIBIT z :( 18 CITY COUNCIL AGENDA MEMORANDUM CITY COUNCIL ACTION DATE: November 10, 2009 AGENDA ITEM: Resolution urging adoption of federal legislation to extend the period of designation of tax - preferred empowerment zones, rural enterprise communities, and renewal communities. ISSUE: The City of Corpus Christi would like to encourage support for the continuation of Renewal Community through H.R. 1677 & S. 1222. This is one of several economic incentives that is vital in ensuring continued economic development in the City of Corpus Christi. The City of Corpus Christi was designated as one of two urban cities in Texas as a Renewal Community from January 1, 2002 through December 31, 2009. A renewal community is defined as a distressed area that the Federal government has targeted for development, where businesses are eligible for tax incentives. The City is allocated $12 million per year to be utilized for tax incentives. The incentives are provided to spur business and job growth in communities which have had high levels of poverty and unemployment. REQUIRED COUNCIL ACTION: Support of H.R. 1677 & S 1222. CONCLUSION AND RECOMMENDATION: Staff recommends approval and support of H.R. 1677 & S. 1222 Renewal Community program extension. Irma Caballero Director of Economic Development irmaca @cctexas.com 826 -3850 BACKGROUND: Corpus Christi is a designated Renewal Community through the U.S. Department of Housing and Urban Development. The City receives $12 million peryearto be allocated to businesses for the use as Commercial Revitalization Deductions (CRD). The City currently has ten (10) census tracts throughout the city designated as Renewal Community in which businesses can benefit from a federal tax incentive program for the new construction or rehabilitation of commercial buildings. To find out if you have a commercial site in a qualified area, HUD provides an address locator available at http: / /egis.hud.gov /egis /cpd /rcezec /ezec open.htm The Renewal Community program is currently scheduled to expire on December 31, 2009 therefore commercial buildings must be completed and, ready for occupancy no later than December 31, 2009. President Obama requested, in his fiscal year 2010 budget, that Congress act to extend the Empowerment Zone (EZ) and Renewal Community (RC) designation to December 31, 2010 and Congress is currently considering bills to extend the program through December 31, 2011. Extending the designations would allow tax relief to remain available to businesses located in the distressed EZ/RC areas. The City of Corpus Christi has been working through lobbyists in Washington D.C. and other RC designated areas to support the efforts of The Empowerment Zone, Renewal Community and Enterprise Community Enhancement Act of 2009, as an extension of the program. DESIGNATIONS: Since 2002 the City of Corpus Christi has allocated $72,595,000 in Commercial Revitalization Deductions to 43 projects. More than $500 million in capital investments have resulted from these projects with an estimated 796 new jobs created. Page 1 of 3 RESOLUTION URGING ADOPTION OF FEDERAL LEGISLATION TO EXTEND THE PERIOD OF DESIGNATION OF TAX- PREFERRED EMPOWERMENT ZONES, RURAL ENTERPRISE COMMUNITIES, AND RENEWAL COMMUNITIES WHEREAS, legislation is currently pending before the Congress of the United States to extend the period of designation of tax - preferred empowerment zones, rural enterprise communities, and renewal communities; WHEREAS, bills, such as, H.R. 1677 and S. 1222, Empowerment Zone, Renewal Community and Enterprise Community Enhancement Act of 2009, will accomplish that goal; WHEREAS, H.R. 1677 and S. 1222 amend the Internal Revenue Code provisions relating to tax - preferred empowerment zones, rural enterprise communities, and renewal communities to: (1) Extend the period of designation for such areas through 2015; (2) Provide a safe harbor standard for employee residency requirements in empowerment zones; (3) Eliminate certain residency requirements for the empowerment zone employment tax credit; (4) Grant authority to expand the boundaries of empowerment zones and enterprise communities, including those located in rural areas; (5) Allow carryovers of unused expensing allowances for enterprise zone businesses; (6) Allow certain empowerment zone businesses to elect to receive payments in lieu of tax benefits; (7) AIIow federal guarantees and tax exemptions for enterprise zones and renewal communities; and (8) AIIow the issuance of tax - exempt rural enterprise community bonds and empowerment zone facility bonds. WHEREAS, the City of Corpus Christi was designated as one of two urban cities in Texas as a Renewal Community from January 1, 2002 through December 31, 2009; WHEREAS, the City of Corpus Christi has been allocated $12 million per year to be utilized for tax incentives, which are are provided to spur business and job growth in communities which have had high levels of poverty and unemployment; HR 1677 Resolution 11042009_2 —151— Page 2 of 3 WHEREAS, since 2002 the City of Corpus Christi has allocated $72,595,000 in Commercial Revitalization Deductions to 43 projects; and WHEREAS, more than $500 million in capital investments have resulted from these projects with an estimated 796 new jobs created; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The senators and members of the House of Representatives from Texas are urged to support and work for the passage of legislation that extends the period of designation of tax - preferred empowerment zones, rural enterprise communities, and renewal communities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 5th day of November, 2009. R,rJay "Reining / First Assistant City Attorney For City Attorney HR 1677 Resolution 11042009_2 —152— 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 HR 1677 Resolution 11042009_2 —153— Page 3 of 3 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 27, 2009 AGENDA ITEM: Ordinance renaming the walking area contained along Corpus Christi Beach, including the Promenade, the Corpus Christi Beachwalk. ISSUE: The City has a formal policy for naming or renaming parks and recreation facilities. The City received a request from JoAnn Gilbertson to rename the walk area of Corpus Christi Beach from the north end, including the Promenade, connected via the water taxi to the sidewalk of the Seawall (not renaming the seawall) to McGee Beach. BOARD /COMMITTEE REVIEW: At their March 11, 2009 meeting, the Parks and Recreation Advisory Committee (PRAC) agreed to support this request and begin the 60 day process of due diligence research and public notification. On September 9, 2009 PRAC unanimously voted to recommend the walking area contained along Corpus Christi Beach, including the Promenade, be renamed the Corpus Christi Beachwalk; and be used to identify a trail system on CC Beach with appropriate signage noting mileage and amenities, and be used as a part of the CC Beach branding campaign. The committee felt this action provided a strong stepping stone for future development as connective transportation became available. REQUIRED COUNCIL ACTION: The City Council must approve the naming or renaming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of such ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of the walk area, including the Promenade, of Corpus Christi : each to The Corpus Christi Beachwalk be approved. Sally Ga "o , Director Parks a Recreation Department 361 826 -3464 saIIyq( cctexas.com Attachments: Background Information Copy — Staff Due Diligence Report Copy — Request to name Beachwalk from JoAnn Gilbertson Copy — Council Policy Information for Naming of City Parks and Recreational Facilities —157— BACKGROUND INFORMATION The Parks & Recreation Department received a request from JoAnn Gilbertson to rename the walk area of Corpus Christi Beach from the north end, including the Promenade, connected via the water taxi to the sidewalk of the Seawall (not renaming the seawall) to McGee Beach. At their March 11, 2009 meeting, the Parks and Recreation Advisory Committee (PRAC) agreed to support this request and begin the 60 day process of due diligence research and public notification. Staffs due diligence report is attached. During respective meetings, the Marina Advisory Committee, and the Watershore and Beach Advisory Committee reviewed the original request and voted to support the project concept. At their September meeting the Watershore and Beach Advisory Committee also reviewed the staff recommendation without requesting further discussion or action. On September 9, 2009 PRAC unanimously voted to recommend the walking area contained along Corpus Christi Beach, including the Promenade, be named the Corpus Christi Beachwalk; and be used to identify a trail system on Corpus Christi Beach with appropriate signage noting mileage and amenities, and be used as a part of the Corpus Christi Beach branding campaign. The committee felt this action provided a strong stepping stone for future development as connective transportation becomes available. Similar ordinances have been requested by the Parks and Recreation Advisory Committee (PRAC) and approved by the City Council. Such requests have included the renaming of Gypsy Park as Don and Sandy Billish Park, in February 2002, the renaming of Meadowbrook Park to Dan Whitworth Park in December 2003, the renaming of Seagull Park to Ullberg Park on February 22, 2005, the renaming of Midway Park to Nancy Todd Garrett Memorial Park on June 28, 2005, and Southside Park was renamed Mike Zepeda Park on January 31, 2006 and the renaming of Corpus Christi Beach Park to Dolphin Park on May 26, 2009. Beachwalk Renaming Project Staff, Due Diligence Report August 12, 2009 A formal request was received by the Parks & Recreation Advisory Committee dated March 27, 2009 from JoAnn Gilbertson of Corpus Christi to rename the sidewalk area called the Promenade from the north end of Corpus Christi Beach connected via the water taxi to the sidewalk to the west of the Seawall to McGee Beach. The committee gave a positive consensus for the project and requested staff begin their due diligence work. On April 13, 2009 memos were sent to one hundred, thirty-one (131) residents, businesses, and property owners adjacent to the proposed Beachwalk advising of the name change consideration. A copy of this memo is attached. Of the 131 memos mailed, forty - eight, (48) were returned with no longer deliverable addresses. Additionally, the department received two (2) comments supporting the project and offering additional suggestion for improvements. Copies of those replies are also attached. Additional public meetings and requested business meetings were held to receive information, concerns and comments about the project. Information from these business discussions are noted below. At this time, the Regional Transit Authority (RTA) has no plans for the ferry to be a 12- month, year round operation. Due to technical problems the ferry has not operated consistently this summer. If the project does process to a full time service, the RTA does not have a problem with signs being placed on the ferry. In discussion with The Art Museum of South Texas, concerns were expressed that there was no beach on a section of the city side of the channel, and that "Bay Walk" might be more appropriate in that area. It was noted that when someone hears the term, "Beachwalk ", people are expecting to be able to put their feet in sand. In this area, that cannot occur. Within the continued comparison to San Antonio, there is actually a river the full distance of the Riverwalk. The Science and History Museum does not have a problem with the Beachwalk going from the north end of CC Beach to the Barge Dock but has the same concern that there will not be adequate transportation for tourist. This group also noted that there was a previous campaign that never "went anywhere" (SEA Town) due to transportation problems and marketing. The Congressman Solomon P. Ortiz International Center is ok with signs at the RTA stop. The Lexington is not opposed to the Beachwalk being on CC Beach but does have concern that going across the channel, at this time, would be a problem for tourist. It could become a publicity nightmare if and when the ferry was not operating. If there were ever year round transportation they would support the Beachwalk all the way to the original destination which was the Coliseum. The CC Beach group , lead by the Lexington and the Aquarium, is currently undertaking a branding campaign for that area of which Beachwalk could be a part but not the branding tool. The Texas State Aquarium expressed the same view point noted by the Lexington. The Convention and Visitors Center at the Corpus Christi International Airport also expressed concerns that right now they are being told that amenities they are sending visitors to, are not as publicized by the City. They would not like to see another amenity (Beachwalk) have the same fate, that the City is not providing accurate information. -159- Page 2 — CC Beachwalk, Due Diligence Report An additional opinion was submitted by the Marina Advisory Committee in support the concept of the Beachwalk being from the north end of CC Beach to the Ortiz Center. However, this committee also noted the current lack of consistent transportation all the way to the Barge Dock by the Harbor Ferry. After taking all information into consideration, the department recommendation is: 1. The Beachwalk be contained to the CC Beach area at this time. This action will include the renaming of the Corpus Christi Beach Promenade. If and when there is consistent transportation across the channel then the proposal could be reviewed to extend the Beachwalk. This process would be similar to how San Antonio has just extended their Riverwalk. 2. The Beachwalk be used to identify a trail system on CC Beach with appropriate signage at each end noting mileage distances and the amenities. However, it not be used as a branding tool at this time. The CC Beach group branding and the Beachwalk branding projects together could create a marketing nightmare regarding boundaries and amenities. However, the Beachwalk as an amenity of the CC Beach branding campaign could be used as the connector between the two areas when it expands to the metro section of Corpus Christi via the ferry docking area, thus bringing the project closer to its original proposal. 3. Once there is consistent transportation across the channel, direct the Corpus Christi Convention and Visitors Bureau (CVB) to begin promoting the Beachwalk along with all the Corpus Christi Beach amenities, as a destination. Currently, the CVB does not consider the Corpus Christi Beach area as a marketing destination, but in other cities this is not the case. San Antonio is a prime example of how the city has expanded the Riverwalk to include the Museums and other businesses. Once the Beachwalk is expanded to the metro side of the channel then the entire area could be marketed as a destination with the CVB using it as a promotional tool. Without successful marketing, all good ideas, (SEA Town, DTown, and Watergarden branding) just become plans on a shelf. We believe this recommendation allows for immediate identification of the Corpus Christi Beachwalk, as well as the opportunity for community collaborative actions and future development. Sally Gavlik, Director Parks and Recreation (361) 826 -3464 sallvo cctexas.com -160- City of Corpus Christi PARK & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3461 Fax 361- 826 -3864 www.cctexas.com www.ccparkandrec.com SERVICES/PROGRAMS 78415 CYD Program Aquatics Athletics Beach Maintenance Elderly Nutrition Program Golf Centers Juvenile Assessment Center Latchkey Marina Memorial Coliseum Multicutural Services Park Operations Retired Senior Volunteer Program Senior Centers Senior Companion Program Summer Youth Program Tennis Centers Weed & Seed Program Youth Nutrition Program TO: FROM: DATE: SUBJECT: PARKS AND RECREATION DEPARTMENT MEMORANDUM CC Beach Property Owners and Managers Sally Gavlik, Director, Parks & Recreation April 13, 2009 Beachwalk Proposal This message is to inform you of the Beachwalk proposal being considered by the Parks & Recreation Advisory Committee, a citizens group appointed by the Mayor and City Council of Corpus Christi. The Beachwalk Proposal requests the walkway area from the north corner of Corpus Christi Beach (formerly known as North Beach) through the promenade (sidewalk) in front of the Lexington Museum, through the Water Taxi docks, through the sidewalk on top of the Seawall (not the seawall steps or retaining wall) through the McGee Beach area be renamed the Corpus Christi Beachwalk. The presentation noted this name change could be used as a marketing tool, similar to the River Walk in San Antonio, with signs giving distance measurements to attractions along the route. The Parks & Recreation Department is collecting information from property owners and managers located adjacent to the proposed walkway, to be included in a due diligence report for this project. Therefore, we request your comments and questions be accompanied by your name, address, and contact information for future conversation if needed. By April 26, 2009, please address your comments, questions and concerns to: Parks & Recreation Department Attn: Beachwalk Proposal Report P.O. Box 9277 Corpus Christi, TX 78469 -9277 —161— Brenda Bode 5409 Northwest Trail Corpus Christi, Texas 78410 Corpus Christi Parks and Recreation PO Box 9277 Corpus Christi, Texas 78469 -9277 April 24, 2009 To Whom It May Concern: I am very much in favor of promoting Corpus Christi Beach. The Beachwalk proposal seems as if it could be a great marketing tool. Please keep me informed as to the progress of the venture and any other developments that might affect the area. Sincerely NormaDon Properties, Ltd. 5441 Ocean Drive Corpus Christi, Texas 78412 TO: PARKS & RECREATION DEPARTMENT DATE: ATTN: BEACHWALK PROPOSAL REPORT P.O. BOX 9277 CORPUS CHRISTI, TX 78469 -9277 FROM: DR. & MRS. DONALD ESSA HANNA (NORMA) SUBJECT: BEACHWALK PROPOSAL APRIL 22, 2009 WE LIKE THE IDEA VERY MUCH. IT HAS A LOT OF POSIBILITIES FOR A l i'KACTING TOURISTS. BUT JUST THE WALK WAY IS NOT ENOUGH. IF THE TOURIST COULD SOME WAY GO FROM ONE END TO THE OTHER (IT'S INTENTION) EITHER BY WALKING OR RIDING SOME TYPE OF SMALL MOTOR RENTAL OR BICYCLE WITH A GONDOLA TYPE TRANSPORTATION OVER THE HARBOR WATERWAYS FOR CONTINUITY, THAT WOULD REALLY MAKE IT AN A 1-1 RACTION. ALL THE VIEWS ALONG THE WAY WOULD JUST BE CREAM ON TOP. I KNOW THE GONDOLA TYPE TRANSPORTATION WOULD BE EXPENSIVE, BUT DO IT RIGHT OR DON'T DO IT AT ALL. MONEY SPENT WRONG IS AN EXPENSE AND MONEY SPENT WISELY IS AN INVESTMENT. I WAS BORN AND RAISED IN CORPUS CHRISTI AND REMEMBER WHEN I LOVED THE NORTH BEACH CARNIVAL AND FERRIS WHEEL AND THE SALT WATER SWIMMING POOL. (no jelly fish) COUPLE THE CARNIVAL AND THE BOARDWALK AND THE GONDOLA AND THERE YOU GO. PEOPLE WILL FLOCK TO OUR WONDERFUL CITY BY THE SEA, JUST TO SEE THE CHANGES THAT TAKE PLACE ANNUALLY MONEY AND ENTERPRISES CAN BE HAD WITH JUST ADVERTISEMENT FOR ATTRACTING A PERMANENT CARNIVAL AND A LOT OF CREATIVE THINKING FOR MAYBE BONDS TO OBTAIN THE FUNDS FOR SUCH A PROJECT. . DONALD E. HANNA C 01,410 --- Page 1 of 1 Ph 361 - 992 -5584 email: normadon @sbcgldbal. net fax 361 - 992 -3755 —163- PUBLICATION NOTICE Person Placing Ad: Armando Chapa, City Secretary, FAX #: 826 -3113 Address: P.O. Box 9277, Corpus Christi, TX 78469 -9277 Section: Legal Notices First Day to Appear: August 23, 2009 Second and Last Day to Appear: August 30, 2009 AD TO READ AS FOLLOWS: Public Notice: CC Beach walk area to be renamed The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks & Recreation Department is considering naming the walk area from the north end of Corpus Christi Beach to the Corpus Christi Barge Dock, the Corpus Christi Beachwalk. This area will include the renaming of the Corpus Christi Beach Promenade, the inclusion of the walk area of the Congressman Solomon P. Ortiz International Center, with a walking trail through the Watergarden to the Corpus Christi Barge Dock. This item will be discussed at the Parks & Recreation Advisory Committee meeting, September 9, 2009, 5pm, City Hall, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Recreation at 826 -3463 with your comment or question. —164— REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) Sidewalk The sidewalk that is now called "Promenade" from the North end of Corpus Christi Beach connected via the water taxi to the sidewalk to the west of the Seawall ( not wanting to re -name the seawall) to McGee Beach. 2. Location 3. Suggested Name Corpus Christi Beachwalk 4. Please describe why you feel this name to be appropriate. Corpus Christi Beachwalk is a-branding and a marketing tool to increase the tourism dollars coming into Corpus Christi. Corpus Christi Beachwalk is the sidewalk connecting Corpus Christi Beach to McGee Beach. The sidewalk is already there , thus very little funding will be needed from the city to incorporate this idea to boost our tourism to our beautiful City . The idea that you can land in San Antonio Airport and pick up a flyer from tourist stand for the San Antonio Riverwalk and right next to it is a flyer for the Corpus Christi Beachwalk (only a short 120 mile drive) is going to be a must see attraction in itself and increase the business of our USS Lexington , History Museum , Aquarium , Omni, Holiday Inn and the Bold Future plan is centrally located on the Beachwalk. All businesses and attractions along the Beachwalk will be encouraged to advertise with distance marked on signage to attraction or business. This Beachwalk is about a 4.5 mile walk. Very enticing for the bicyclist / healthy traveler . And those who don't want to take it in on foot can ride the trolley for only .50 _ _. _ __— - - - 5. Name and address of person making request. Name Address Phone JoAnn Gilbertson PO Box 2973 Corpus Christi , Texas 361- 834 -1481 6. Do you represent an organization with respect to this request? Corpus Christi Beach and Water Shore Advisory Committee has unanimously voted to recommend name . 7. Date of this request 3/27/2009 • FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice – Newspaper Notice to Appropriate Councilmember Public Notice – Neighborhood —165— ORDINANCE NAMING THE PROMENADE, SIDEWALKS AND ADJACENT AREAS ALONG CORPUS CHRISTI BEACH AS THE CORPUS CHRISTI BEACHWALK. WHEREAS, the City received a request from JoAnn Gilbertson to rename the walk area on Corpus Christi Beach to the Corpus Christi Beachwalk, including the renaming of the Promenade area of Corpus Christi Beach; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their March 11, 2009 meeting at which time they requested staff perform a Due Diligence Report, and being the 60 day process of public notification; WHEREAS, legal notice about the proposed name change was posted on August 23, 2009 and August 30, 2009; WHEREAS, the PRAC considered and recommended the Corpus Christi Beachwalk name change to City Council at their September 9, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The promenade and sidewalks and adjacent areas along Corpus Christi Beach are hereby named the "Corpus Christi Beachwalk ". The area to be known as "Corpus Christi Beachwalk" is shown on the attached exhibit, between the points marked "Start" and "End ". H: \LEG- DIR \Lisa\2009 Ordinance\CC BeaMprnaming ordinance draft rjr clean.doc That the foregoing ordinace was read„for the first time and passed to its second reading on this the 47 day of 0 , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 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 N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 19, 2009 By: Lisa Aguilar Interim City Attorney Joe Adame Mayor 20 STA* Concrete Pumping Co. , Inc November 3, 2009 Debbie Goldston City of Corpus Christi Planning and Zoning Fax# 361 / 826 -3815 Email: debbieg @cctexas.com Re: 6772 Leopard St. Corpus Christi, Texas 78409 Due to company restructuring we have dosed our Corpus Christi office. Therefore we are withdrawing our application for rezoning. Any further questions can be mailed to P.O. Box 400 Tomball, Texas 77377 or we can be reached at 281 / 357- 1555. Thank you, Linda Adams P.O. Box 400 Tomball, Texas 77377 -0400 Phone: 281 -357 -1555 or 1 -866- 357 -1555 • Fax: 281 -357 -5222 • www.starpumping.com —171— 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 10, 2009 AGENDA ITEM: Ordinance renaming the park located at 3221 Richmond, at Upriver Road & IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City, through the Parks & Recreation Department, received a renaming request from Assistant Chief Mike Walsh for Jackson Woods Park. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) voted at their July 8, 2009 meeting to support this request and begin the 60 day process of due diligence research and public notification. Public comments from park neighbors against the renaming were received. Support from the Corpus Christi Police Department was received. During the regular PRAC meeting on October 14, 2009, by a four to three majority, the PRAC voted to recommend the City Council approve the request to rename Jackson Woods Park to Matthew Thebeau Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Jackson Woods Park to Matthew Thebeau Memorial Park be approved. Sally Wrlik, Directo Parks d Recreation Department 361 826 -3464 SallyG a(�cctexas.com Attachments: Background Information Copy — Staff Due Diligence Report Copy — Request to rename park Copy — Council Policy Information for Naming 9f5City Parks and Recreational Facilities Jackson Woods Park Renaming Project To Memorial Park Staff, Due Diligence Report October 14, 2009 On July 1, 2009, Sally Gavlik, City of Corpus Christi, Parks & Recreation Director received a request from Assistant Police Chief, Mike Walsh to rename Jackson Woods Park Matthew Thebeau Memorial Park. The Parks & Recreation Advisory Committee received the request at their July 8, 2009 meeting. The committee requested staff complete their due diligence report for the October 14, 2009 meeting. Public notification signs were posted at the park property on July 21, 2009. Notification fliers were delivered to 27 property owners within one and one -half miles of the site on July 22, 2009. Part of the public notice was an invitation to attend the Parks & Recreation Advisory Committee meeting on August 12, 2009. Citizen, Mr. Larry Bell of 3221 Manassas Lane addressed the committee to express his opposition. Mr. Bell has lived in the neighborhood since 1981. He states the sub- division was platted in the 1960s with the park being completed in 1981. The sub - division was named by the original developer who was a Civil War enthusiast. Therefore, all streets carry names of that period. Their previous neighborhood association disbanded several years ago as its need was outgrown by the community. Mr. Bell noted the approximate thirty year history of reference to the park as Jackson Woods. He doesn't feel there is need for a new name that doesn't correspond with the rest of the neighborhood. Mr. Bell also suggested a centralized park to honor all fallen First Responders, similar to the Veterans area at Sherrill Park. He considers Woods Park to be too small, not visible enough, and basically not good enough for this recognition. Mr. Bell noted about six others recently killed in the line of duty including Lt. Alexander, and the upcoming 911 Anniversary. With those considerations, he urged the committee to look for a bigger, more central location for a First Responders Memorial Park site. Final public announcement was published in the Caller Times on September 6, 2009 and September 7, 2009. To date, there have been five (5) phone conversations recorded expressing opposition to the renaming request. To date, there have been three (3) email messages recorded in support of the renaming request. Copies of those responses are also attached. Staff Recommendation: This proposal is being submitted to the Parks and Recreation Advisory Committee to meet the 60 day policy requirement. However, the Parks and Recreation Department can only recommend this item be tabled until the neighbors and Police Department can meet to discuss any concerns and return to the committee their recommendation. The Parks and Recreation Department can facilitate this meeting. Sally Gavlik, Director Parks and Recreation (361) 826 -3464 Addendum to Due Diligence Report: Additional notices of support were distributed at the October 14th meeting. Those copies are also attached. After much discussion the committee agreed to vote on the item. There were four (4) members supporting the name change and three (3) members against the name change. By a four to three majority, the committee voted to recommend to City Council the name of Jackson Woods Park be changed to Matthew Thebeau Memorial Park. —176— REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) 111/244&45 oid ‘41■1 O Pp S PA " tom 2. Location 3231 12<444 MI nL Q t.4C) ftt / V2 12.OAO g T 4 31 3. Suggested Name MA'1Tblf'v1 114s PrEA 4 Mc•Of$A. ?4b 4. Please describe why you feel this name to be appropriate. Ocf icev Ma 4t ew 1Le. beau► diced in a cwr Wr .C'' w1n:4t awki ors c�&nu.wry '� ?645. V%IArinq tiCS av% At. fowc.a OOf Ittr rite Ita►ut ehJo 1 e d roircotl.wq 0, G4 0 At1.en area . Rtweugaw, �1�►� ..r k will be. a` P44-143 4164654 t. 40 1•%:s Service is 3t tovioawok.%t ht 5. Name and address of person making request. Name M 11c- . Address 121 J Obt t3 S *.T M,4 4t gee:I Phone Iii. -24.04 6. Do you represent an organization with respect to this request? If 'yes', name organization 600-Pty; NACT1 901•t t4 c eider MSta 7. Date of this request %)Lt%."f 1 ?-ooal FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice - Newspaper Notice to Appropriate Councilmember Public Notice - Neighborhood -T 17- Caller Times Newspaper Publication September 6, 2009 and September 7, 2009 Public Notice: Woods Park to be renamed The public is hereby notified in compliance with the Corpus Christi Code of Ordinance, the Corpus Christi Parks & Recreation Department is considering Renaming Jackson Woods Park at 3221 Richmond at Upriver Road & IH 37. This item will be discussed at the Parks & Recreation Advisory Committee meeting, September 8, 2009, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Rec at 826 -3463 with your comment or question. Park notification posted at park on July 21, 2009 Flier distributed to park neighbors on July 22, 2009 The City Corpus Christi, Parks & Recreation Department has received a request to rename Jackson Woods Park, 3221 Richmond, at Upriver Road & IH 37, to Matthew Thebeau Memorial Park. This item will be discussed at the Parks & Recreation Advisory Committee meeting August 12, 2009, 5:00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Recreation at 826 -3463 with your comment or question. COUNCIL POLICIES Citizens shall not approach the City Coun- cil table except with permission or re- quest of the Mayor or the City Council i Citizens, Council Members, and City staff shall be prompt in all sessions of the City Council and in the dispatch of the City business. Time limitations imposed by the Mayor or the Council on presentations shall be strictly enforced. j. City Council, City staff, and all fellow citizens shall be courteous, polite, concise, and respectful of one another, and shall respect the letter and spirit of these rules so that the City Council may fairly hear all sides of an issue and by due delibera- tion act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or title with surname. k All remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. l Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the peti- tions part on non - agenda City- related mat- ters. However, such should be done in a factual, precise presentation and ques- tions of Council or staff are inappropriate. Loud, boisterous, profane, or obscene lan- guage or behavior is not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demonstra- tion, or other act disrupting to the City Council business. These rules are not meant to restrain a citizen's first amendment rights. (Res. No. 21901, § 1, 3- 224994; Res. No. 25507, § 3, 9 -30 -2003) 6. Nam ing of City parks and recreational facilities. A formal policy for naming of parks and recre- ation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park -180- facility and upon recommendation of the Park and Recreation Advisory Commit- tee, the City Council may name the park or park facility as the donating party designates. B. ''Subdivision Dedication. Park land re- ceived through dedication under the City's Platting Ordinance shall be named by the Park and Recreation Advisory Commit- tee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be changed. However, under extreme circumstances the Park and Recreation Advisory Com- mittee will consider the request. The nam- ing of an unnamed new park or park facility is preferred and is recommended. The following definitive steps shall be taken regarding a proposed name change. (1) . Persons, groups, or organizations de- siring the name change shall fill out a request for name change and sub- mit the proposal to the staff of the Park and Recreation Department for review and consultation with the re- questing entity. (2) Name change requests shall be sub- mitted to the Park and Recreation Advisory Committee. No action may be taken by the Board for a mini- mum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circula- tion giving notice of the proposed name change. (4) Written comments are to be submit- ted to the Park and Recreation Ad- visory Committee and interested in- dividuals are invited to come before the Board to address the issue. CORPUS CHRISTI CODE (5) At the first meeting after the 60-day waiting period, the Park and Recre- ation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future ac- tion or additional information. In the event the request is re- jected by the Board, the request- ing entity :. may appeal the re- ject to the City Council. (6) The Council . shall consider the re- quest and either approve or reject the request. The Council, at its op- tion, can waive all provisions herein provided in commemorating or me- morializing an individual or - act. If approved, the Park and Recreation Department shall arrange suitable renaming ceremonies. Costs associ- ated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contri- butions the person has made to the City, State, or Country. A facility or park may not be named after an individual cur- rently in public office or serving as an employee of a local governmental jurisdic- tion. A one -year waiting period after ter- mination from public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered un- less the rules of .donation_ apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. (Res. No. 21901, § 1, 3-22-1994) Stipp. No. 7. Naming of streets. a. The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. b. In any case, the City Council declines to rename any street: 1) that is a currently "named" functional classified arterial through street as listed in the Code of Ordinances, Section 53 250; 2) for a person not deceased; 3) that would create disruption or disconti- nuity to the name of a longer section street; or 4) that is reflected on the 1852 Plan of Cor- pus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. c. Not included in 7a or 7b is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clar- ification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e. g. F.M. xxxx or CR. xx). (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 024619, § 1, 10-4-2001) 8. Naming of City facilities. Final .decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. (Res. No. 21901, § 1, 3 -22 -1994) 9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living envi- ronment, decent housing and expanded economic opportunities, principally for persons of low and -181- CP :6 Page 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 3221 RICHMOND AT UPRIVER ROAD & IH 37 FROM "JACKSON WOODS PARK" TO MATTHEW THEBEAU MEMORIAL PARK. WHEREAS, there is an approximately 2.29 acre park area located at 3221 Richmond, at Fair Oaks and Up River Road; WHEREAS, on July 1, 2009, the City received a request from Assistant Chief Mike Walsh to rename this park, Matthew Thebeau Memorial Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their July 8, 2009 meeting at which time they voted to support the request and began the 60 day process of public notification; WHEREAS, legal notice about the proposed name change was posted on September 6, 2009 and September 7, 2009; WHEREAS, the PRAC considered and by a four to three majority vote, recommended the Jackson Woods name change to City Council at their October 14, 2009 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 3221 Richmond at Upriver Road & IH 37 is hereby named Matthew Thebeau Memorial Park —182 - C: \DOCUME- 1 \rebeccah \LOCALS -1 \Temp \Renaming Jackson Woods to Matthew Thebeau ORDINANCE draft.doc Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: March 31, 2009 By: Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor —183 - C:\D000ME- 1 \rebeccah \LOCALS -1 \Temp \Renaming Jackson Woods to Matthew Thebeau ORDINANCE draft.doc 22 AGENDA MEMORANDUM DATE: November 10, 2009 SUBJECT: New Broadway Wastewater Treatment Plant — Construction (Project No. 7293) (FY2009 Capital Improvement Program Wastewater Sequence 04) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a construction contract, with Graham Construction Services, Inc., of Eagan, Minnesota in the amount of $50,456,230.00 the New Broadway Wastewater Treatment Plant. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the professional engineering services contract with Carollo Engineers, P.C., of Dallas, Texas in an amount not to exceed $855,669.00 for additional construction phase, construction observation, and project management services for a restated fee not to exceed $8,221,462.00 for the New Broadway Wastewater Treatment Plant. c. Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory services contract with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas in an amount not to exceed $299,997.00 for the New Broadway Wastewater Treatment Plant. ISSUE: The proposed project provides for the construction of a new 8.0 MGD Wastewater Treatment Plant at the existing plant site and on land adjoining the existing site. This will allow the existing plant to remain in operation until the new plant can begin treatment operations. The new plant will be a state of the art treatment facility meeting all federal and state environmental regulations with odor control to eliminate all negative impacts associated with older treatment facilities. FUNDING: Funding is available to begin initial construction from the FY 2009 Capital Improvement Plan (CIP) Budget. Availability of funds to continue and complete the project is contingent to future Council action to issue bonds and appropriation of funds by Council. The contract includes a termination provision should funding not be made available by Council. Due to the size of the contract, funds will be made available as needed based on the annual cash flow requirements to construct the project. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Pete Anaya, P.E. Director of Wastewater Services Director of Engineering Services 826 -1800 826 -3500 fostercCa�cctexas.com peteana,cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Bid Tabulation Exhibit "C" Location Map Exhibit "D" Budget Exhibit "E" A/E Contract Summaries —187— H: \HOME \KEV INS\GEN\ WASTE WA\7293Broadway\AwdMemo. doc BACKGROUND INFORMATION SUBJECT: New Broadway Wastewater Treatment Plant — Construction Project No. 7293 PROJECT DESCRIPTION: The proposed project provides for the construction of a new 8.0 MGD average daily flow Wastewater Treatment Plant and outfall structure on land adjoining the existing Broadway plant. The plant will have a peak 2 -hour capacity flow of 40.0 MGD. Treatment will at the 20/20 level (20 parts biological oxygen demant/20 parts total dissolved solids) in accordance with the operating permit. A portion of the new plant will be built adjoining the existing Broadway Wastewater Plant facilities with a portion being built on part of the existing plant. The new plant will be a state of the art treatment facility meeting all federal and state environmental regulations with odor control to eliminate all negative impacts associated with older treatment facilities. SITE SELECTION: Council directed the staff to re- evaluate the decision based on continuing concern by the Hillcrest Neighborhood and other residents living in the general area. On October 30, 2007, Council directed staff to proceed with the current Broadway Treatment Plant site, for the location of the new wastewater treatment plant to address neighborhood concerns. TCEQ PERMITS: TCEQ has reviewed the plans for the new plant, and issued all permits to allow the project to proceed with construction. TCEQ will conduct the schedule discharge permit renewal during 2010, at which time the new plant will be incorporated into the discharge permit. BID INFORMATION: The project was bid as a base bid. Liquidated damages are set at $1,100.00 per day. A total of six (6) proposals were received and opened on September 23, 2009, with proposals ranging from $50,456,230.00 to $59,385,000.00 (see Exhibit B - Bid Tabulation). Graham Construction Services, Inc., of Eagan, Minnesota submitted the low bid. The engineer's estimate was $79,075,015.00. BID RECOMMENDATION: Graham Construction Services, Inc., of Eagan, Minnesota, is an established company whose principals and employees are experienced with large water and wastewater utility projects of this nature. They have successfully completed and have similar projects under construction that are progressing well in Canada and the United States. They have recently completed or have under construction twelve (12) wastewater control or treatment plants ranging in value from $23,484,000.00 to $75,710,658.00. After reviewing the company's capabilities, personnel, and financial statements, the City's consultant Corolla Engineering and City staff recommend that the contract be awarded to Graham Construction Services, Inc., in the total amount of $50,456,230.00. —188— H \ HOME\ KFVINS\ GFN\ WASTFWA \7793Rrnarlwav \AWORknFrhA dnn EXHIBIT "A" Page 1 of 2 CONSULTANT AMENDMENT: The current engineering services contract provides for 30 months of construction phase services. The original duration of construction was based on a pre - conceptual design. The complexity of the project increased due to the need to phase the project to continue operation and phased demolition of the existing Broadway Wastewater Treatment Plant, as units of the new plant are brought into service. The result was an increase in the estimated construction time to 36 months based on the final design documents. The amendment provides for: • an additional six months of engineering construction phase services ($132,597); • on site resident full time construction phase services ($673,072); and • a web based electronic site for construction management and communications ($50,000). A contract summary is attached. See Exhibit E -1. MATERIALS TESTING CONTRACT: The project requires the award a material testing and inspection contract to an engineering testing laboratory to ensure the materials being incorporated into the project meet specifications. The proposed contract is with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas. Rock Engineering prepared the geotechnical investigation, geotechnical report and provided foundation design considerations for the design engineer. They are the most familiar local firm with this project. Contract payments will be based on the actual services performed. The fee is a not to exceed amount based upon the estimated number and types of services to be provided. A contract summary is attached. See Exhibit E -2. CONTRACT TERMS: The contract specifies that the project will be completed in approximately thirty-six months (1,100 calendar days). Notice to proceed is anticipated during December 2009 or January 2010 with completion no later than January of 2013. FUTURE COUNCIL ACTION: • Adoption of the FY2009 -2010 Capital Improvement Program and Budget; • Motions to approve issuance of utility revenue bonds and ordinances to appropriate funds necessary for the Capital Improvement Program; and • Motion(s) to approve any change orders requiring Council approval. FUNDING: Funding is available to begin construction with additional funding required to complete the project which is subject to availability based on Council appropriation. Completion of the project is dependent on Council's action to approve issuance of additional utility bonds. —1 8 9— H: \HOME\KEV INS \GEN\WASTE WA\7293Broadway\AW DBkgExhA. doc EXHIBIT "A" Page 2 of 2 PRIOR ACTIONS BACKGROUND INFORMATION: The decision on the best method for replacing Broadway Wastewater Treatment Plant involves a very large, complex number of issues. The City and staff moved the process forward to the next phase as quickly as possible once the Council approved the Implementation Plan in 1997, but this required considerable time. To accomplish this the City had to: • select consultants; • develop information needed for design of the project; and • evaluate new information as the project progressed. During this next phase of project implementation, a report titled "Broadway Plant Lift Station and Diversion to Greenwood Plant" was prepared by Govind Engineering as a result of various amendments. The report discussed the major issues that emerged from their study which were: • the peak design flow was determined to be greater than the original peak flow used in the 1997 Urban Engineering report; • more detailed design and cost estimates determined the cost savings of diverting the flow from Broadway WWTP to the Greenwood WWTP would not be realized; • capital costs to build a new plant in the industrial area would be over $13 million dollars less in 2002 dollars than to divert flow to Greenwood; • the life cycle (20 year) operating and maintenance costs of a new plant in the industrial area would be $1.4 million less in present value terms than diverting to Greenwood based on 2002 costs; • more stringent wastewater treatment quality required for Greenwood WWTP due to higher water quality stream standards for Oso Creek and Oso Bay; and • inadequate land capacity is available at Greenwood to meet the current and future Greenwood service area flows, if Broadway flow is diverted to Greenwood. This resulted in the initiation of a detailed analysis of alternative locations for a new treatment plant for the Broadway service area that was presented to City Council in September 2001 and on January 29, 2002. As a result, Flint Hills' site (now Citgo) was found to be most environmentally manageable of all of the alternatives available based on the results of the Phase 1 and Phase 2 Environmental Assessments done for the sties. The Flint Hills site also offered the best flexibility for expansion in case of increased flows in addition to being the most cost effective alternative. Consequently, Council approved the construction of a new plant at the Flint Hills site. However, Council directed the staff to re- evaluate the decision based on continuing concern by residents living in the general area. On October 30, 2007, Council directed staff to proceed with the site ranked No. 3, which is the current Broadway Treatment Plant site, for the location of the new wastewater treatment plant and directed staff to H: \HOME\KEVI NS\GEN \WASTEWA \7293Broadway\Awd PrioTAlt9r9ExhA -1.doc Exhibit A -1 Page 1 of 8 work with the Port to discuss other land swap options that would reduce the cost of construction at this location. However, should the Port location not be available, the City will continue with the existing location. (It subsequently was determined in November that the Port location was not available.) MAJOR STUDIES AND FINDINGS: 1996 to Present - The City has spent in excess of $30 million on 26 projects for the Broadway collection system and Broadway WWTP since 1996 to keep the collection system and plant functioning and in regulatory compliance pending diversion or to prepare for the replacement of the Broadway plant. The projects include plant odor controls, repairs necessary to maintain operations at the existing plant, and collection system work to prevent overflows. March 1997 — Adoption of Wastewater Facilities Implementation Plan, Oso & Greenwood Service Areas & Broadway Plant Diversion (Urban Engineering). January 1998 — Contract Award — Evaluation of Broadway Collection System (Urban Engineering) resulting in ongoing repairs (9 years) that are still being completed. August 1998 — Contract Award — Broadway Plant Lift Station and Diversion to Greenwood Plant (Govind Engineering) which determined: • peak flows were greater than originally believed; and • diversion costs were considerably higher. June 2001 — Contract Amendment — Broadway Plant Lift Station and Diversion to Greenwood Plant (Govind Engineering) for evaluation of other options including diversion to Allison WWTP, construction of a new plant at existing site or on a new site in the industrial area site resulting in finding that: • the long force mains required for the Greenwood diversion would cause sewage to turn septic in the pipeline resulting in hydrogen sulfide gas emission at discharge point, and requirement for additional treatment due to anaerobic condition; • land at the Greenwood WWTP is divided by Lo Vollo Creek making the western part of the property difficult to use for plant expansion; • both sides of Lo Vollo Creek contain designated archeological sites; • only about 18 acres of land is available for expansion due to present Plant configuration and other programmed expansions; • flow from the current and future Greenwood basin service area requires 40 MGD of capacity leaving little or no land area to construct treatment capacity for any diversion from Broadway. June 2000 through Mav 2002 — Contract Award — Various Amendments (Govind Engineering) to design necessary Broadway WWTP repairs to allow plant to remain operational and in compliance until diversion or new treatment plant could be built. April 2002 — Council directed staff to acquire property for a new treatment plant in the industrial area. Contract Award — New Treatment Plant Site Acquisition Study (Govind Engineering) as directed by City Council. HAHOMEWEVI NS\ GEN\ WASTEWA\ 7293BroadwaylAwdPrior AclicagEZA -1.doc Exhibit A -1 Page 2 of 8 July 2003 — Contract Award — Construction of new 40 MGD Lift Station completed in 2004 to better serve customers in the Broadway basin and a future treatment plan. May 2002 through January 2006 — Staff and consultants conducted intensive analysis of 13 sites for construction of a new treatment plant. January 2006 — Presentation of detailed analysis of alternative locations for a new treatment plant for the Broadway service area resulting in recommendation to proceed with the Flint Hills' site. October 2007 — Motion selecting the site ranked No. 3 being the current Broadway Treatment Plant site for the location of the new wastewater plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of the construction at this location; however should the Port location not be available, the City will continue with the existing location. DETAILED LIST OF PRIOR COUNCIL ACTIONS: 1. March 18, 1997 —1997 Implementation Plan • Divert flows to Greenwood Wastewater Treatment Plant 2. August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M1998 -285) 3. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001 -189) May 15, 2001 — Council directive to evaluate four options: #1 — Diverting flows to Greenwood #2 — Diverting flows to Allison #3 — New Plant in Industrial Area along Ship Channel #4 — New plant at Broadway Wastewater Treatment Plant site 5. September 18, 2001 — Council directive to evaluate the following: • Eliminate Options 1 and 2 and further consider: • Construct New Plant at Broadway site • Construct New Plant in Industrial Area along Ship Channel 6. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001 -409) 7. January 29, 2002 — Council directive to amend 1997 Implementation Plan to include: • Do not divert flows to Greenwood Wastewater Treatment Plant H:\ HOME\ KEVINS\ GEN \WASTEWA17293Broadway\AwdPriar4 c9D2sExhA -1.doc Exhibit A -1 Page 3 of 8 • Do not construct new plant at Broadway Wastewater Treatment Plant site; Select new plant site in industrial area along ship channel: Site 1: Port of Corpus Christi Military Staging Site Site 2: Kerr McGee Property Site 2A: West Broadway at Sam Rankin Site 3: Citgo Port Ave. Terminal 8. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2002 -099) 9. July 22, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project — 36 748" Diameter Gravity Line and Lift Station. (Motion No. 2003 -239) 10. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24 -Inch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. M2003 -447) 11. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $39,044 for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36- Inch /48 -Inch Wastewater Gravity Interceptor Project. (Motion No. 2004 -429) 12. April 26, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 17 to an engineering services contract with MEI Maverick Engineering, Inc. in the amount of $67,608 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2005 -127) 13. January 31, 2006 — As per City Council directive, the City Manager and staff have engaged in preliminary negotiations with Flint Hills and Citgo and any ancillary entities and are now reporting to the Council within the required 30 days regarding the location of a new Wastewater Treatment Plant on Site 3 Citgo Port Terminal or Site 4 Flint Hills Resources Tank Farm, eliminating as many variables as possible. 14. February 28, 2006 — Motion authorizing the City Manager, or his designee, to enter into negotiations to purchase Flint Hills Tank Farm site (Site 4) for the location of the New Broadway Wastewater Treatment Plant. (Motion M2006 -071) 15. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of 146,994,500. (Ordinance No. 026997) 16. September 25, 2007 — Presentation to the City Council on the Broadway Wastewater Treatment Plant Diversion Status. This presentation is in response to Council request for more information. On August 21, 2007, the City Council requested staff revisit existing Broadway Site and compare to diversion to Greenwood Wastewater Treatment Plant. H: \HOME \KEV I NS \GEN \WASTEWA \7293 Broadway\Awd Prior*c1icia%t1A -1.doc Exhibit A -1 Page 4 of 8 17. October 30, 2007 — Motion selecting the site ranked No. 3, which is the current Broadway Wastewater Treatment Plant site, for the location of the new wastewater treatment plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of construction at this location; however, should the Port location not be available, the City will continue with the existing location. (Motion No. M2007 -284) 18. February 12, 2008 - A. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering contract with Carollo Engineers, P.C. of Phoenix, Arizona in the amount of $7,306,047.00 for a restated not to exceed contract total of $7,330,962.00 for the New Broadway Wastewater Treatment Plant Motion No. 2008 -033). B. Motion authorizing the City Manager, or his designee, to execute an engineering contract for peer review with Freese and Nichols Engineering, Inc. of Fort Worth, Texas in the amount of $339,294.00 for the New Broadway Wastewater Treatment Plant (Motion 2008 -034). 19. September 16, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Govind Development, LLC, in the amount of $126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance (Motion No. 2008 -249), PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 — Administrative Amendment No. 1 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the. Airport Ditch Outfall Improvements. 2. June 27, 2000 — Administrative Amendment No. 2 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793 to evaluate alternate pump station locations. 3. June 19, 2001 - Administrative Amendment No. 4 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $14,020 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. May 22, 2002 - Administrative Amendment No. 7 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment No. 8 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24, 2002 - Administrative Amendment No. 9 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $24,880 for a total restated fee not to exceed $616,220, for the Broadway H:\ HOME \KEVI NS \GEN \WASTEWA \7293Broadway\Awd PriorR &ia4ExhA -1. doc Exhibit A -1 Page 5 of 8 Wastewater Treatment Plant Diversion project. 7 February 6, 2003 - Administrative Amendment No. 10 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. 8. August 29, 2003 — Administrative Amendment No. 12 to an engineering services contract with Govind & Associates, Inc. for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. April 19, 2004 - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. 10. November 5, 2004 - Administrative Amendment No. 15 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. 11. April 26, 2005 - Administrative Amendment No. 18 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $12,168 for a total restated fee not to exceed $1,458,587, for the Broadway Wastewater Treatment Plant Diversion project. 12. August and October 2005 — Met with Hill Crest area residents, including site visit to Whitecap Wastewater Treatment Plant on Padre Island. 13. January 9, 2006 - Administrative Amendment No. 19 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $24,500 for a total restated fee not to exceed $1,483,087, for the Broadway Wastewater Treatment Plant Diversion project. 14. May 9, 2006 - Distribution of Request for Proposals (RFP) No. 2006 -01 New Broadway Wastewater Treatment Plant to 195 engineering firms (80 local and 115 non - local). 15. June 6, 2006 - Addendum No. 1 to the Request for Proposals (RFP) No. 2006 -01 New Broadway Wastewater Treatment Plant to 195 engineering firms (80 local and 115 non - local). 19. August 14, 2006 - Administrative Amendment No. 20 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $17,308 for a total restated fee not to exceed $1,500,395, for the Broadway Wastewater Treatment Plant Diversion project. 20. December 1, 2006 — Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P. C. of Dallas, Texas in the amount of $24,915 for the New Broadway Wastewater Treatment Plant Project. 21. December 7, 2006 - Administrative approval of Small Geotechnical Services Agreement with Rock Engineering and Testing Laboratory of Corpus Christi, Texas in the amount of $14,230 for the New Broadway Wastewater Treatment Plant Project. 22. December 12, 2006 - Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Freese & Nichols, Inc. of Austin, H:\ HOME\ KEVINS\ GEN\ WASTEWA \7293Broadway\AwdPriorkcic9 hA -1.doc Exhibit A -1 Page 6 of 8 Texas in the amount of $24,900 for the New Broadway Wastewater Treatment Plant Project for peer review assistance. 23. August 17, 2007 — A. Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P. C. of Dallas, Texas in the amount of $24,990 for the New Broadway Wastewater Treatment Plant Project for the re- evaluation site selection criteria evaluation and evaluation of constructing a 8.0 MGD Plant at the existing Broadway Wastewater Treatment Plant Site. B. Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Govind Development, LLC of Corpus Christi, Texas in the amount of $24,900 for the New Broadway Wastewater Treatment Plant Project to assist with Council presentations, three dimensional presentation development, project coordination, peer review, project schedule and budget review. 24. September 28, 2007 - Administrative Amendment No. 21 to an engineering services contract with MEI Maverick Engineering, Inc. for a total fee not to exceed $49,529 for a total restated fee not to exceed $1,549,924, for the Broadway Wastewater Treatment Plant Diversion project. 25. October 25, 2007 — Administrative approval of a small agreement for Architect/Engineer Consulting Services with Freese and Nichols, Inc. of Austin, Texas in the amount of $24,325.00 for development of a 3D presentation of proposed Broadway Wastewater Treatment Plant locations. 26. November 2007 — Council advised that the Port property was not available after meetings with the Port. 27. December 27, 2007 - Administrative approval of Small Geotechnical, Pavement and Foundation Services Agreement with Rock Engineering and Testing Laboratory of Corpus Christi, Texas in the amount of $25,600 for the New Broadway Wastewater Treatment Plant Project. 28. June 11, 2008 — Administrative approval of Amendment No. 1 to a Small Geotechnical, Pavement and Foundation Services Agreement with Rock Engineering and Testing Laboratory of Corpus Christi, Texas in the amount of $11,765 for a restated not to exceed fee of $37,365 for the New Broadway Wastewater Treatment Plant Project. 29. April 22, 2009 - Administrative approval of Small A/E Amendment No. 2 for Architect/Engineer Consultant Services with Govind Development, LLC of Corpus Christi, Texas in the amount of $49,500 for a restated fee not to exceed $200,400 for the New Broadway Wastewater Treatment Plant Project for preliminary design, constructability and costing review. 25. July 29, 2009 - Administrative approval of Small NE Amendment No. 3 for Architect/Engineer Consultant Services with Govind Development, LLC of Corpus Christi, Texas in the amount of $48,300 for a restated fee not to exceed $249,300 for the New Broadway Wastewater Treatment Plant Project to assist with design and constructability review. 26. March 24, 2009 — Administrative approval of Amendment No. 1 to a testing contract with All Points Environmental, Inc., of Corpus Christi, Texas, in the amount of $3,977.00 for a restated not to exceed fee of $4,527.00 for asbestos H:\ HOME\ KEVINS\ GEN\ WASTEWA17293Broadway \AwdPriorfcc1ica fexhA -1.doc Exhibit A -1 Page 7 of 8 and lead testing of additional suspect material for the Broadway Wastewater Treatment Plant. 27. August 21, 2009 — Administrative approval of Amendment No. 2 to an engineering contract with Carollo Engineers, P.C. of Dallas, Texas in the amount of 34,801.00 for a restated not to exceed contract total of $7,365,763.00 for design services for the Resaca Pump Station electrical tie -in to New Broadway Wastewater Treatment Plant. 28. August 29, 2009 - Administrative approval of Small Geotechnical Services Agreement for pile down drag analysis with Toulanay -Wong Engineers, Inc., of Corpus Christi, Texas in the amount of $5,465 for the New Broadway Wastewater Treatment Plant Project. H:\ HOME\ KEVINS\ GEN\ WASTEWA \7293Broadway\AwdPriorRcliagEr 1A -1.doc Exhibit A -1 Page 8 of 8 TABULATED BY: TIME OF COMPLETION: TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Jason E. Anderson, P.E. 1,100 Calendar Days DATE: Wednesday September 23, 2009 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST: $79,075,015 NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT N0.7293 Graham Construction Services 2995 Lone Oak Circle, Ste 1 Eagan, MN 55121 Brasfield & Gorrie, LLC 3021 7th Ave. South Birmingham, AL 35233 Western Summit Constructors, Inc. 2826 Wilcrest Ste 315 Houston, TX 77042 BASE BID ITEM BID QTY DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 1 LS All Work to remove and properly dispose of materials containing asbestos and /or lead found at those buildings to be demolished. N/A $ 33,900 N/A $ 38,200 N/A $ 39,245 2 1 LS All Work as defined in the Contract Documents for Phase 1 and Phase 2 Construction except those items listed separately below. N/A $ 44,559,000 N/A $ 47,009,000 N/A $ 49,954,912 3 1 LS Pre- negotiated Firm Bid Price for Free Vortex Grit Removal System equipment as defined in Section 11324. N/A $ 745,000 N/A $ 745,000 N/A $ 745,000 4 107,000 LF Auger -Cast Piles. $ 39.75 $ 4,253,250 $ 28.00 $ 2,996,000 $ 40.30 $ 4,312,100 5 8,360 LF Trench Safety. $ 3.00 $ 25,080 $ 5.00 $ 41,800 $ 6.00 $ 50,160 6 1 LS Allowance A - Payment to the Disputes, Review Board pursuant to paragraph VII, Payment, of Document 00822. N/A $ 40,000 N/A $ 40,000 N/A $ 40,000 7 1 LS Allowance B - Charges in connection with AEP's demolition of existing facilities; construction of the new 12.47 kV preferred and alternate source feeders for the new and existing Broadway plants and temporary 12.47 kV electrical service to Resaca St. Lift Station. N/A $ 166,000 N/A $ 166,000 N/A $ 166,000 8 1 LS Allowance C - Charges in connection with AEP's upgrade of underground cable along Staples St. to provide additional capacity on the 12.47 kV altemate source feeder. N/A $ 69,000 N/A $ 69,000 N/A $ 69,000 9 1 LS Allowance D - Purchase of existing AEP facilities associated with the Resaca St. Lift Station 12.47 kV electrical service. N/A $ 15,000 N/A $ 15,000 N/A $ 15,000 10 1 LS Allowance E to be payment to provide the Facility Furniture /Furnishings. N/A $ 45,000 NIA $ 45,000 N/A $ 45,000 11 1 LS Allowance F - Computer hardware, specifically the operator stations, the notebooks, and the printers as specified in Section 17730. N/A $ 50,000 N/A $ 50,000 N/A $ 50,000 12 1 LS Allowance G - Additional communication equipment as requested by the OWNER such as the radios, towers, antennas and software as specified in Specification 17750. N/A $ 90,000 N/A $ 90,000 N/A $ 90,000 13 1 LS Allowance H - Additional laboratory equipment as requested by the OWNER . N/A $ 35,000 N/A $ 35,000 N/A $ 35,000 14 1 LS Allowance I - Additional maintenance equipment as requested by the OWNER. N/A $ 40,000 N/A $ 40,000 N/A $ 40,000 15 1 LS Allowance J - Additional pipeline rerouting and pipeline tie -ins as requested by the OWNER. N/A $ • 40,000 N/A $ 40,000 N/A $ 40,000 16 1 LS Allowance K - Additional electrical ductbank reroutes and additional electrical circuit rework as requested by the OWNER. N/A $ 40,000 N/A $ 40,000 N/A $ 40,000 17 1 LS Allowance L - Additional hazardous material handling, removal and disposal as requested by the OWNER. N/A $ 60,000 N/A $ 60,000 N/A $ 60,000 18 1 LS Allowance M - Additional communication and computer network conduit, hardware and cabling as requested by the OWNER. N/A $ 15,000 N/A $ 15,000 N/A $ 15,000 19 1 LS Allowance N - Additional telephone communications systems and networking as requested by the OWNER. N/A $ 15,000 N/A $ 15,000 N/A $ 15,000 20 1 LS Allowance 0 - Additional temporary supports, temporary repairs and emergency repairs to existing treatment facilities as requested by the OWNER. N/A $ 60,000 N/A $ 60,000 N/A $ 60,000 21 1 LS Allowance P - Temporary bypass pumping, liquid and /or sludge, to and from existing treatment facilities as requested by the OWNER. N/A $ 20,000 N/A $ 20,000 N/A $ 20,000 22 1 LS Allowance Q - Providing and installing security systems as requested by the OWNER. N/A $ 30,000 N/A $ 30,000 N/A $ 30,000 23 1 LS Allowance R - Corrective measures to pier location or size necessary due to conflicting utilities. N/A $ 10,000 N/A $ 10,000 N/A $ 10,000 TOTAL BASE BID: $ 50,456,230 $ 51,670,000 $ 55,941,417 -198- Exhibit B Panes 1 of 9 TABULATED BY: TIME OF COMPLETION: TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Jason E. Anderson, P.E. 1,100 Calendar Days DATE: Wednesday September 23, 2009 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST: $79,075,015 NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT NO. 7293 Fru -Con Construction Corp. 4310 Prince William Pkwy, Ste 200 Woodbridge, VA 22192 McCarthy Building Companies, Inc. 12001 N. Central Expressway, Ste 400 Dallas, TX 75243 Archer Western Contractors, Ltd. 2121 Ave .1, Ste 109 Arlington, TX 76006 BASE BID ITEM BID QTY DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 1 LS All Work to remove and properly dispose of materials containing asbestos and /or lead N/A found at those buildings to be demolished. $ 34,000.00 N/A $ 40,000.00 N/A $ 191,640.00 2 1 LS All Work as defined in the Contract Documents for Phase 1 and Phase 2 N/A Construction except those items listed separately below. $ 50,344,280 N/A $ 51,483,000 N/A $ 52,250,000 3 1 LS Pre - negotiated Firm Bid Price for Free Vortex Grit Removal System equipment as defined in N/A Section 11324. $ 745,000 N/A $ 745,000 $ 745,000 4 107,000 LF Auger -Cast Piles. $ 44.00 $ 4,708,000 $ 47.50 $ 5,082,500 $ 50.00 $ 5,350,000 5 8,360 LF Trench Safety. $ 2.00 N/A $ 16,720 $ 40,000 $ 5.50 N/A $ 45,980 $ 40,000 $ 1.00 N/A $ 8,360 $ 40,000 6 1 LS Allowance A - Payment to the Disputes, Review Board pursuant to paragraph VII, Payment, of Document 00822. 7 1 LS Allowance B - Charges in connection with AEP's demolition of existing facilities; construction of the new 12.47 kV preferred N/A and altemate source feeders for the new and existing Broadway plants and temporary 12.47 kV electrical service to Resaca St. Lift Station. $ 166,000 N/A $ 166,000 N/A $ 166,000 8 1 LS Allowance C - Charges in connection with AEP's upgrade of underground cable along Staples St. to provide additional capacity on NIA the 12.47 kV alternate source feeder. $ 69,000 N/A $ 69,000 N/A $ 69,000 9 1 LS Allowance D - Purchase of existing AEP facilities associated with the Resaca St. Lift N/A Station 12.47 kV electrical service. $ 15,000 N/A $ 15,000 N/A $ 15,000 10 1 LS Allowance E to be payment to provide the Facility Furniture /Furnishings. N/A $ 45,000 N/A $ 45,000 N/A $ 45,000 11 1 LS Allowance F - Computer hardware, specifically the operator stations, the notebooks, and the N/A printers as specified in Section 17730. $ 50,000 N/A $ 50,000 N/A $ 50,000 12 1 LS Allowance G - Additional communication equipment as requested by the OWNER such N/A as the radios, towers, antennas and software as specified in Specification 17750. $ 90,000 N/A $ 90,000 N/A $ 90,000 13 1 LS Allowance H - Additional laboratory equipment N/A as requested by the OWNER . $ 35,000 N/A $ 35,000 N/A $ 35,000 14 1 LS Allowance I - Additional maintenance N/A equipment as requested by the OWNER. $ 40,000 N/A $ 40,000 N/A $ 40,000 15 1 LS Allowance J - Additional pipeline rerouting and N/A pipeline tie -ins as requested by the OWNER. $ 40,000 N/A $ 40,000 • N/A $ 40,000 16 1 LS Allowance K - Additional electrical ductbank reroutes and additional electrical circuit rework N/A as requested by the OWNER. $ 40,000 N/A $ 40,000 N/A $ 40,000 17 1 LS Allowance L - Additional hazardous material handling, removal and disposal as requested N/A by the OWNER. $ 60,000 N/A $ 60,000 N/A $ 60,000 18 1 LS Allowance M - Additional communication and computer network conduit, hardware and N/A cabling as requested by the OWNER. $ 15,000 N/A $ 15,000 N/A $ 15,000 19 1 LS Allowance N - Additional telephone communications systems and networking as N/A requested by the OWNER. $ 15,000 N/A $ 15,000 N/A $ 15,000 20 1 LS Allowance 0 - Additional temporary supports, temporary repairs and emergency repairs to N/A existing treatment facilities as requested by the OWNER. $ 60,000 N/A $ 60,000 N/A $ 60,000 21 1 LS Allowance P - Temporary bypass pumping, liquid and /or sludge, to and from existing N/A treatment facilities as requested by the OWNER. $ 20,000 N/A $ 20,000 N/A $ 20,000 22 1 LS Allowance Q - Providing and installing security N/A systems as requested by the OWNER. $ 30,000 N/A $ 30,000 N/A $ 30,000 23 1 LS Allowance R - Corrective measures to pier location or size necessary due to conflicting utilities. N/A $ 10,000 N/A $ 10,000 N/A $ 10,000 TOTAL BASE BID: $ 56,688,000 $ 58,236,480 $ 59,385,000 -199- Exhibit B Page 2 of 2 File : \ Mprojecf \councilexhibifs \exh09046B.dwg ii,// y \ ,, ,,,,„ .,,,,, \ SHIP CHANNEL ,,1^ ,• y / ��'� -.-‘‘I ✓ ., 1011111101111 Ok ,�I�fit,�3• /,, ,,',: �� n6I .4tfr-, ,---f,, ,L.,[11g--,le ,,, i/-,{,--- -: --,c,,, --ah,„.,,,, /-v,,,,, ..„., , 0', ICY ii L_n___. ,H--.,, i •,../ ,.. IC 3J /Q /77 j}'..MMM}int, OaE R P - 'L' 1 / RER yWR I T 1 / .moo 0101 U SITE LOCATION INTERSTATE 37 NEW BROADWAY WASTEWATER TREATMENT PLANT -200- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -27 -2009 - - MI, MN MI/ IMO •■■ PROJECT BUDGET NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT NO. NEW BROADWAY WASTEWATER TREATMENT PLANT PROJECT NO. 7293 October 27, 2009 FUNDS AVAILABLE: Wastewater CIP Funds (CPP) $65,488,640.00 FUNDS REQUIRED: Construction (Graham Construction Services) $50,456,230.00 Contingencies (8 %) 4,040,000.00 Consultants Carollo Engineers (Original Contract, Amdment #1 & Amendment #2) 7,365,763.00 Carollo Engineers Amendment #3 855,699.00 Freese & Nichols (Peer Review) 339,294.00 Govind Development 249,300.00 Carollo Engineers (Construction Management) 1,300,000.00 Reimbursements 500,000.00 Geotechnical 37,365.00 Geotechnical (Pile Drag Down) 5,465.00 Asbestos /Lead Testing (All Points Environmental) 4,527.00 Testing (Rock Engineering & Testing Laboratory) (TBN) 299,997.00 Misc. (Printing, Advertising, etc.) 35,000.00 Total $65,488,640.00 FUNDS REMAINING $0.00 -201- Exhibit D Page 1 of 1 CONTRACT SUMMARY AMENDMENT NO. 3 The City of Corpus Christi, Texas hereinafter called "CITY ", and CAROLLO ENGINEERS, P.C., hereinafter called "Engineer," agree to the following amendment to the Contract for Professional Services for New Broadway Wastewater Treatment Plant (Project No. 7293), as authorized and administratively amended by: Original Contract December 1, 2006 Administrative Approval $24,915.00 Amendment No. 1 February 12, 2008 Motion No. 2008 -033 $7,306,047.00 Amendment No. 2 September 18, 2009 Administrative Approval $34,801.00 Section 3. FEES are amended to authorize an additional Fee for Amendment No. 3 services in the amount of $8.55,8669.00 for a revised restated total fee not to exceed $8,221,462.00. All other terms and conditions of the December 1, 2006 contract and amendments between the City and Engineer will remain in full force and effect. The scope of services is amended to authorize additional Construction Phase Services and Construction Observation Services as follows: BASIC SERVICES Section 4, Construction Phase is amended to authorize an additional six months of Construction Phase Services. Construction contract documents allow the contractor 1,100 calendar days to complete the project or approximately 36 months. ADDITIONAL SERVICES Section 5, Construction Observation is amended to authorize up to six - months of additional Construction Observation Services, and increasing the anticipated work week from 40 to 44 hours per week for all personnel with the exception of the project administrative assistant which will remain 20 hours per week. Invoices for Construction Observation services will be based on the actual services provided, and time actually incurred by the Engineer's personnel. The City will be invoiced by the Engineer for overtime only when actual overtime is incurred. The City agrees to assign a City Construction Inspector as additional full time inspector to the project at City expense. Section 19, Web -based Electronic Media Site is added to the contract to engage a sub - consultant to facilitate the electronic exchange of information and provide overall management of Contract Documentation. The site will be designed to serve as a project website for authorized City personnel can view project information including, but not limited to project schedules, meeting agendas and minutes, progress reports, and progress photographs. Additional Service Fee Allowances require authorization in writing by the City Engineer prior to expenditure. Amendment 3 also modifies the rate of certain hourly employees to be billed on the basis of actual services provided by the Engineer. The hourly rate for on site Construction Observation personnel will be invoiced at the following hourly rates: Hourly Rates Title Classification Hourly Rate Project Representative Resident Engineer $150.00 Project Construction Observer Assistant Resident Engineer / Inspection $138.00 Project Inspector Structural Inspector $98.00 Administrative Assistant Part Time Administrative Assistant $65.00 FEES C. Summary of Fees Original Contract H:IHOMEIKEVI N SIGE NIWASTE WAI7293Broadway\AwdSumExh E -1. dcc -202- $24,915 Amendment No.1 A. Fee for Basic Services 1. Preliminary Phase $751,548 2. Design Phase $2,261,105 3. Bid Phase $79,980 4. Construction Phase $662,984 Subtotal Basic Services Fees $3,755,617 B. Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) a. Railroads b. TXDOT c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. TPDES / NPDES Permit/Amendments f. TCEQ Permits /Amendments g. Nueces County h. Texas Historical Commission i. U.S. Fish and Wildlife Service j. U.S. Army Corps of Engineers k. U.S. Environmental Protection Agency I. Texas Department of License and Regulation m. FEMA LOMR, LOMC, etc. n. Pay permit and application fees for applicable permits. Total Permitting (Allowance) $60,860 2. ROW Acquisition Survey (Allowance) $50,000 3. Topographic Survey (Allowance) $30,000 4. Environmental Issues (Allowance) $0 5. Construction Observation Services $2,195,010 6. Start-up Services $99,560 7. Warranty Phase $62,120 8. Provide SCADA Documentation (TBN) $0 9. Public Involvement/Public Information $75,000 10. TCEQ- Required O &M Manual $99,000 11. Training $89,180 12.Stormwater Pollution Prevention Plan $10,600 13. Factory Witness Testing $10,000 14. Coordination with City Peer Review Team (Allowance) $30,000 15. Value Engineering Response (Allowance) $70,880 16. TCEQ- Required Data Collection (Allowance) $15,000 17. TCEQ Hearing (Allowance) $10,240 18. Special Treatment Facilities Design Services $642,980 Sub -Total Additional Services Fees Authorized $3,550,430 Amendment No. 1: Total Authorized Fee $7,306,047 Amendment No. 2 A. 19. Resaca Pump Station Electrical Tie in 34,801 Amendment No. 3 H: \HOME\KEVINS\GEMWASTE WA \7293Broadway\AwdSumExhE -1.doc -203- A. 4. Construction Phase Services 132,597 B. 5. Construction Observation 673,072 B. 19. Web -based Electronic Media Site (Allowance) $50,000 Amendment No. 3: Total Fee (Authorized + Allowance) $855,669 Total Authorized Fee $8,221,462 HA HOME V I N S \G E M WAS TE W A \72938 roadway\Awd S u m Exh E -1. doc -204- CONTRACT SUMMARY Construction Materials Engineering Laboratory's Inspection and Materials Testing Services 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 Rock Engineering and Testing Laboratory, Inc. 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: New Broadway Wastewater Treatment Plant — Project No. 7293 - "PROJECT ". 2. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $ 299,997.00 (in figures), ( Two Hundred Thousand Nine Hundred Ninety Seven and no /xx dollars (in words). BUILDING AREA Subgrade Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: (Min. 3 /Trip) Select Fill Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: (Min. 3 /Trip) Number of Lifts: Additional Test: Misc. Site Structures (04) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Misc. Structures 108,160 Standard 95% std. at or above opt. Moisture Unit Test Quantity Fee Fee Sample Charge $48.00 $192.00 4 1 every 2,000 SF 55 • Sample Misc. Structures Charge 108,160 Standard 6 $166.00 $996.00 95% std. at or above opt. Moisture $166.00 $664.00 $36.00 $1,980.00 $48.00 $288.00 1 every 2,000 SF 433 $36.00 $15,588.00 8 Atterberg Limits and Gradation 6 $70.00 $420.00 Misc. Concrete 73 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI —205— Exhibit E -2 Page 1 of 12 Test Frequency: Headworks (11) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Aeration Basin (13) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Aeration Blowers (14) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Secondary Clarifiers (15) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: RAS -WAS Pump Station (16) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: UV Disinfection (18) Description: 1 set every 50 CY Misc. Concrete 2978 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 5227 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 504 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 5759 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 165 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete -206- 3 $146.00 $438.00 63 $146.00 $9,198.00 109 $146.00 $15,914.00 13 $146.00 $1,898.00 118 $146.00 $17,228.00 6 $146.00 $876.00 Exhibit E -2 Page 2 of 12 Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Effluent Pump-Tower-3W (20) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Aerated Sludge Blowers (22) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Aerated Sludge Basin (22) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Sludge Dewatering (23) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Foul Air Treatment (28) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: 646 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 388 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 273 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 2004 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 767 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 564 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI —207— 18 $146.00 $2,628.00 10 $146.00 $1,460.00 7 $146.00 $1,022.00 44 $146.00 $6,424.00 19 $146.00 $2,774.00 Exhibit E -2 Page 3 of 12 Test Frequency: Admin Ops. (28) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: ECR -1 (31) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: ECR -2 (32) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: ECR -3 (33) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Main Electrical Substation (34) Description: Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Standby Generator (35) Description: 1 set every 50 CY Misc. Concrete 341 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 214 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 89 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 263 Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 4000 PSI 1 set every 50 CY Misc. Concrete 342 Concrete Cylinders (set of 4) 1@7 Days, 3@28 Days 4000 PSI 1 set every 50 CY Misc. Concrete -208- 15 $146.00 $2,190.00 9 $146.00 $1,314.00 6 $146.00 $876.00 4 $146.00 $584.00 7 $146.00 $1,022.00 9 $146.00 $1,314.00 Exhibit E -2 Page 4 of 12 Cubic Yardage: Set Size: Test Schedule: Concrete Strength: Test Frequency: Auger -cast Piles Straight Shaft Description: Set Size: Test Schedule: Grout Yardage: Grout Strength: Test Frequency: 6" & 8" CMU Walls Set Size: Test Schedule: Grout Strength: Test Frequency: UTILITIES Initial Backfill Proctor Type: Additional Test: Final Backfill Proctor Type: Yard Piping Line Description: Line Length (LF): Density Requirements: Test Frequency: Number of Lifts: Yard Piping Line Description: Line Length (LF): Density Requirements: Test Frequency: 148 Concrete Cylinders (set of 4) 1@7 Days, 3@28 Days 4000 PSI 1 set every 50 CY 24" ACP (1,289 Total) Grout Cubes (set of 6) 2 @7 Days, 2 @28 Days & 2 Hold 10,623 CY 5000 PSI 1 set every 50 CY Grout Prisms (set of 3) 1@7 Days & 2 @28 Days 2500 PSI 1 set every 5000 SF 3 $146.00 $438.00 213 $218.00 $46,434.00 80 $109.00 $8,720.00 Sample Charge $48.00 $192.00 Standard 4 $166.00 $664.00 Atterberg Limits and Gradation 4 $149.00 $596.00 Standard 24" RWW 688 95% std. ±2% opt. Moisture 1 every 200 LF per lift 8 24" RWW 225 95% std. ±2% opt. Moisture 1 every 200 LF per lift —209— Sample Charge $48.00 $288.00 6 $166.00 $996.00 28 $36.00 $1,008.00 8 $36.00 $288.00 Exhibit E -2 Page 5 of 12 Number of Lifts: 5 Yard Piping Line Description: 42" FEW Line Length (LF): 210 Density Requirements: 95% std. ±2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yard Piping Line Description: 20" RTW, 12" CEN & 16" DEC Line Length (LF): 84 Density Requirements: 95% std. ±2% opt. Moisture 5 $36.00 $180.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yard Piping Line Description: 4" RWW Line Length (LF): 57 Density Requirements: 95% std. ±2% opt. Moisture 7 $36.00 $252.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yard Piping Line Description: 8" PUW Line Length (LF): 988 Density Requirements: 95% std. ±2% opt. Moisture 30 $36.00 $1,080.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 8" PTW Line Length (LF): 1300 Density Requirements: 95% std. ±2% opt. Moisture 39 $36.00 $1,404.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 10" WAS Line Length (LF): 500 Density Requirements: 95% std. ±2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 —210— Exhibit E -2 Page 6 of 12 Yard Piping Line Description: 6" to 8" SCM Line Length (LF): 500 Density Requirements: 95% std. ±2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 6 Yard Piping Line Description: 6" SCM Line Length (LF): 140 Density Requirements: 95% std. ±2% opt. Moisture 4 $36.00 $144.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Yard Piping Line Description: 8" PDR Line Length (LF): 300 Density Requirements: 95% std. ±2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 8 Yard Piping Line Description: 8" PDR Line Length (LF): 275 Density Requirements: 95% std. ±2% opt. Moisture 6 $36.00 $216.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Yard Piping Line Description: 4" FDR Line Length (LF): 240 Density Requirements: 95% std. ±2% opt. Moisture Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 $36.00 $216.00 Yard Piping Line Description: 30" RAS Line Length (LF): 150 Density Requirements: 95% std. ±2% opt. Moisture 4 $36.00 $144.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Yard Piping Line Description: 20" RAS -211- Exhibit E -2 Page 7 of 12 Line Length (LF): 242 Density Requirements: 95% std. ±2% opt. Moisture 12 $36.00 $432.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 8 Yard Piping Line Description: 36" MLR Line Length (LF): 600 Density Requirements: 95% std. ±2% opt. Moisture 36 $36.00 $1,296.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 12 Yard Piping Line Description: 42" SEF Line Length (LF): 324 Density Requirements: 95% std. ±2% opt. Moisture 10 $36.00 $360.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Yard Piping Line Description: 48" SEF Line Length (LF): 200 Density Requirements: 95% std. ±2% opt. Moisture 7 $36.00 $252.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 7 Storm Sewer Line Description: 12" STR Line Length (LF): 100 Density Requirements: 95% std. ±2% opt. Moisture 5 $36.00 $180.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 5 Storm Sewer Line Description: 8" STR Line Length (LF): 170 Density Requirements: 95% std. ±2% opt. Moisture 4 $36.00 $144.00 Test Frequency: 1 every 200 LF per lift Number of Lifts: 4 Resaca St. Reconstr. Line Description: Wastewater (10" PVC) Line Length (LF): 335 Density Requirements: 95% std. ±2% opt. Moisture 20 $36.00 $720.00 —212— Exhibit E -2 Page 8 of 12 Test Frequency: Number of Lifts: Resaca St. Reconstr. Line Description: Line Length (LF): Density Requirements: Test Frequency: Number of Lifts: Manholes Number of Manholes: Set Size: Test Schedule: Concrete Strength: Test Frequency: Inlets Number of Inlets: Set Size: Test Schedule: Concrete Strength: Test Frequency: PARKING & PAVE Select Fill Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: (Min. 3 /Trip) Number of Lifts: Additional Test: Subgrade Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: 1 every 200 LF per lift 12 Waterline (12" PVC) 1460 95% std. ±2% opt. Moisture 1 every 200 LF per lift 6 6 Concrete Cylinders (set of 4) 1 @7 Days & 3 @28 Days 3000 PSI 1 set every 3 items 12 Concrete Cylinders (set of 4) 1 @7 Days & 3 @28 Days 3000 PSI 1 set every 6 items Misc. Site Fill 43,560 Standard 95% std. at or above opt. Moisture 1 every 2,000 SF 15 Atterberg Limits and Gradation Misc. Site Paving 86,040 Standard 95% std. ±2% opt. Moisture 1 every 2,000 SF —213— 44 $36.00 $1,584.00 2 2 $146.00 $292.00 $146.00 $292.00 Sample Charge $48.00 $192.00 6 $166.00 $996.00 327 $36.00 $11,772.00 6 $70.00 $420.00 Sample Charge $48.00 $144.00 3 $166.00 $498.00 44 $36.00 $1,584.00 Exhibit E -2 Page 9 of 12 Subgrade #2 Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: Paving Section Base Base Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: Additional Test: Additional Test: Description: Square Footage: Proctor Type: Density Requirements: Test Frequency: Additional Test: Additional Test: HMAC Description: Square Yardage: Tonnage: Full Series Freq.: Cored in Place Freq.: Concrete Description: Cubic Yards: Set Size: Gravel Areas 64,000 Standard 95% std. at or above opt. Moisture 1 every 2,000 SF Sample Charge $48.00 $96.00 2 $166.00 $332.00 32 $36.00 $1,152.00 Sample 8" Cr. Limestone (Ty. A, Gr. 1) Charge $48.00 $48.00 24,060 Modified 95% mod. ±1.5% opt. Moisture 1 every 2,000 SF Atterberg Limits and Gradation LA Abrasion Loss 1 $216.00 $216.00 13 $36.00 $468.00 1 $149.00 $149.00 1 $275.00 $275.00 Sample 3" Cr. Limestone (Ty. A, Gr. 1) Charge $48.00 $48.00 61,980 Modified 95% mod. ±1.5% opt. Moisture 1 every 2,000 SF Atterberg Limits and Gradation LA Abrasion Loss 2.5" Ty. "D" HMAC 2,675 370 1 every 500 Tons 1 every 2,400 SY of Pavement 1 $216.00 $216.00 31 $36.00 $1,116.00 1 $149.00 $149.00 1 $275.00 $275.00 Sample Charge $48.00 $96.00 2 $527.00 $1,054.00 2 $ 84.00 $168.00 8" Concrete Paving 1,530 Concrete Cylinders (set of 4) 31 $146.00 $4,526.00 -214- Exhibit E -2 Page 10 of 12 Test Schedule: Concrete Strength: Test Frequency: Resaca Street Reconstruction Subgrade Base Description: Linear Footage: Proctor Type: Density Requirements: Test Frequency: Description: Linear Footage: Proctor Type: Density Requirements: Test Frequency: Additional Test: Additional Test: HMAC Description: Square Yardage: Linear Footage: Tonnage: Full Series Freq.: Cored in Place Freq.: Curb and Gutter Description: Linear Footage: Density Requirements: Density Frequency: Concrete Set Size: Test Schedule: Concrete Strength: 1 @7 Days, 3 @28 Days 3000 PSI 1 set every 50 CY Misc. Site Paving 1,460 Standard 95% std. ±2% opt. Moisture 1 every 200 LF of Street per Lane Sample Charge $48.00 $48.00 1 $166.00 $166.00 15 $36.00 $540.00 Sample 8" Cr. Limestone (Ty. A, Gr. 1) Charge $48.00 $48.00 1,460 Modified 95% mod. ±1.5% opt. Moisture 1 every 200 LF of Street Atterberg Limits and Gradation LA Abrasion Loss 2.5" Ty. "D" HMAC 6,490 1,460 890 1 every 500 Tons 1 every 300 LF of Street 6" Concrete C & G 5,000 95% std. ±2% opt. Moisture 1 every 200 LF Concrete Cylinders (set of 4) 1 @7 Days, 3 @28 Days 3000 PSI —215— 1 $216.00 $216.00 15 $36.00 $540.00 1 $149.00 $149.00 1 $275.00 $275.00 Sample Charge $48.00 $96.00 2 $527.00 $1,054.00 5 $84.00 $420.00 25 $36.00 $900.00 10 $146.00 $1,460.00 Exhibit E -2 Page 11 of 12 Test Frequency: Sidewalk Description: Square Footage: Set Size: Test Schedule: Concrete Strength: Test Frequency: 1 every 500 LF Misc. Concrete Sidewalk 48,000 Concrete Cylinders (set of 4) 12 $146.00 $1,752.00 1 @7 Days, 3 @28 Days 3000 PSI 1 set every 4,000 SF INSPECTIONS & OBSERVATIONS Auger -cast Pile Observations / hour Foundation Reinforcement / hour Structural Steel / hour Visual Welds / hour Roof Deck / hour Masonry / hour AUGER -CAST PILE INTEGRITY TESTING Field Testing, Engineering Analysis & Report Preparation: Technical Assistance: 40 $180.00 $7,200.00 650 $70.00 $45,500.00 80 $70.00 $5,600.00 40 $70.00 $2,800.00 40 $70.00 $2,800.00 8 $70.00 $560.00 80 $70.00 $5,600.00 $18,000.00 CYLINDER PICK -UP FEES Number of Trips: TRANSPORTATION FEES Location: Corpus Christi, Tx. ADMINISTRATION FEES 250 $20.00 $5,000.00 700 $22.00 $15,400.00 $55.00 ESTIMATED TOTAL *This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. —216— $299,997.00 Exhibit E -2 Page 12 of 12 23 AGENDA MEMORANDUM AGENDA ITEM: November 10, 2009 a. Motion to amend prior to second reading Sections 27D -4.3 of the Wind Energy Ordinance, by revising paragraph (C). b. Motion to amend prior to second reading Sections 27D -7 of the Wind Energy Ordinance by revising Subsection 27D -7.1. c. Second Reading Ordinance - AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING NEW DEFINITIONS IN SECTIONS 3 -1, BY REDESIGNATING SUBSECTION 3- 1.64.1 AS SUBSECTION 3- 1.64.2, BY REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3- 1.65.2 AND 3- 1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION 29 -3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW STANDARDS FOR THE INSTALLATION AND SITING OF WIND ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. ISSUE: The establishment of review and permitting standards in the development of wind energy units within the city limits, including siting, setbacks, heights, sound levels, agency cooperation, and construction standards and the "By Right" and "Special Use Exception" uses within all Zoning Districts. REQUIRED COUNCIL ACTION: Motions to amend and second reading of the Wind Energy Conversion Units Ordinance, providing for review and permitting standards for the establishment of wind energy units within all zoning districts of the City as "By- Right" and "Special Use Exception" uses, and providing additional review standards for the Zoning Board of Adjustment for consistency determination for wind energy unit review as permitted through the "Special Use Exception" process. The proposed Ordinance will amend Sections 3 -01 "Definitions" by adding new definitions, add a new Article 27D "Wind Energy Conversion Units ", and revise Section 29 -3.13 of the Corpus Christi Zoning Ordinance. RECOMMENDATION:� Staff recommends approval of the ordinance on its second reading, as amended. Vtt t Juan Perales, Jr.,"P.E. Interim Assistant City Manager Development Services Department JohnnvP©cctexas.com Office Phone: 826 -3828 Attachments: Exhibit A: Background Information Ordinance -219- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PREVIOUS ACTION: The actions previously taken in the formation of the draft and formally adopting the proposed amendments occurred as follows: • Public hearing on the first reading of the Wind Energy Conversion Units Ordinance was held on October 27, 2009. Following the meeting the Ordinance was amended to extend the time period in determining the "useful life" of a wind energy unit, and clarifying the acreage required for an additional wind energy unit under the "F -R" Farm Rural district, and to delete spacing requirements for multiple unit installations. • Adoption of Ordinance # 027008 on September 26, 2006 amending standards for wind energy systems. • Presentation (non action) before the City Planning Commission to familiarize the Commission with the proposed amendments to the draft Ordinance at the December 10, 2008 meeting. • Presentation (non action) before the City Council to familiarize the Council with proposed amendments to the draft Ordinance on April 28, 2009. • Presentation (non action) before the City Council on July 14, 2009 to address the amendments made to the draft Ordinance utilizing the recommendations made by the Council at the April 28, 2009 meeting. • Presentation (for action) of the Ordinance to the City Planning Commission at the August 5, 2009 meeting, which was tabled to the September 30, 2009 meeting in order to form a subcommittee to review outstanding and unresolved issues. • Presentation (for action) of the Ordinance to the City Planning Commission at the September 30, 2009 meeting, which was tabled to the October 14, 2009 meeting to clarify language within a section of the Ordinance. • Presentation (for action) of the Ordinance to the City Planning Commission at the October 14, 2009 meeting for recommendation to the City Council. The Planning Commission recommended approval of the Ordinance with a request to consider eliminating any horizontal separation requirement between multiple units on a site. Presentation of the Ordinance to the City Planning Commission at the October 14, 2009 meeting for recommendation to the City Council. The Planning Commission recommended approval of the Ordinance with an amendment to eliminate any horizontal separation requirements between multiple units on a site. Since the presentation -only meetings held on April 28, 2009, and July 14, 2009 before the City Council to familiarize the Council with proposed amendments to the drafted Ordinance, many changes have been made to the proposed Ordinance. A comparison of the changes made to the draft is outlined below, and include the concepts and standards that were presented to the City Council at the July 14, 2009 meeting, the standards that were in place and presented to the Planning Commission during the first request for action /recommendation meeting on August 5, 2009, and the most updated version of standards that was recommended for approval by the Planning Commission and Staff at the October 14, 2009 meeting, and confirmed by Council during the public hearing and first reading: Comparison Chart Standards & Requirements Current Ordinance 7 -14 -09 City Council Presentation 8 -5 -09 Planning Commission Meeting New Proposed Amendments By -right use acreage requirements No provision. 1 small or med. unit on at least 1.5 acres in F -R, single family residential, Comm. & industrial land use. Single Family Residential, 1 small or med. free- standing unit. Comm. & Lt. Industrial, 1 small or med. free- standing unit, all on 1.5 acres or greater. Min. 1 acre for single - family residential. Special Use Exception p acreage requirements 1.5 acres or greater 1 small unit per 1.5 acres in F -R, single family residential, commercial, or industrial land use. 1 small or med. unit for Comm. & Lt. Industrial. 1 large unit per 5 acres for Med. to Heavy Industrial. Single Family Residential & Commercial, One small free- standing unit. Lt. Industrial, 1 small or med. free - standing unit. Heavy Industrial, 1 small, med., or large free - standing unit, all on 1.49 acres or less. For single - family residential on less than 1 acre. Additional units permitted 1 per each 1.5 acres 1 per each 1.5 acres No additional units permitted. Yes, through SUE Total System Height 110 feet 85, 100, or 150 feet, depending on power output of system 85, 100, or 150 feet, depending on power output of system 55' and 85' Minimum Property Line Setbacks 150% of total height, within the property lines Meeting fall radius within property lines Meeting fall radius within property lines Meeting fall radius within property lines Multiple Unit Horizontal Clearance 110 feet 110% 110% None -Z20h Standards & Requirements Current Ordinance 7 -14 -09 City Council Presentation 8 -5 -09 Planning Commission Meeting New Proposed Amendments Max. Sound Levels at Property Line 60 dBA Max. 60 dbA at the property line 9:00 a.m. to 9:00 p.m. Max. 40 dbA at the property line 9:00 p.m. to 9:00 a.m. Not to exceed 5 dBA above pre- construction ambient levels, not to exceed City Noise Ordinance. Not to exceed City Noise Ordinance. Minimum Survival Wind Speed P 140 mph 120, 130, or 140 mph, depending on location 120, 130, or 140 mph, depending on location 120, 130, or 140 mph, depending on location Roof or Building Mounted Systems Prohibited Permitted, max. height of 15' above ridge. 1 unit permitted. Permitted, max. height of 15' above ridge. Not to exceed 85' above grade. 2 units permitted. L Max height 15 and 35 feet above ridge, number of units based on building square feet. Engineer's certification, building & electrical permit required Yes Yes Yes Yes Provides standards for Medium and Large systems No provision. Yes Yes Large systems removed from ordinance Provides public security and de- commissioning standards No provision. Yes Yes Yes Exemption of req. for boats & RVs No provision. No Yes No, No authority to regulate. Provides for State, Federal, or Military agency review No provision. Yes Yes Yes AS PASSED ON 1st READING Page 1 of 22 ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING NEW DEFINITIONS IN SECTIONS 3 -1, BY REDESIGNATING SUBSECTION 3- 1.64.1 AS SUBSECTION 3- 1.64.2, BY REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3- 1.65.2 AND 3- 1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION 29 -3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW STANDARDS FOR THE INSTALLATION AND SITING OF WIND ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the development and use of renewable energy sources and investments in energy efficiency will enhance energy productivity and security; offer clean, reliable, and affordable energy technologies, and increase choices available to the City of Corpus Christi residents; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, December 10, 2008, August 5, 2009, September 30, 2009, and October 14, 2009, during meetings of the Planning Commission, and on Tuesday, October 27, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that the adoption of this ordinance best serves the general welfare of the City and its citizens by providing a regulatory base for the construction and operation of wind energy units in the City of Corpus Christi, subject to reasonable restrictions, which will preserve the public health and safety; WHEREAS, the City of Corpus Christi will coordinate planning for wind energy projects with public and privately -owned electric utility companies, with independent developers and with state and federal agencies, including but not limited to, the Texas Public Utilities Commission, Texas General Land Office, Texas Parks and Wildlife Department, U.S. Fish and Wildlife Service, Army Corps of Engineers, and the Texas Natural Resource Conservation Commission among others; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. Section 3 -1 of the Corpus Christi Zoning Ordinance is amended by redesignating subsection 3- 1.64.1 as subsection 3- 1.64.2, redesignating and revising subsection 3- 1.67.3 as subsection 3- 1.67.4; adding new subsections 3- 1.10.1, 3- 1.23.1, Wind Energy System Ordinance 10152009a —223— Page 2of22 3- 1.32.1, 3- 1.36.1, 3- 1.48.1, 3- 1.52.2, 3- 1.58.4, 3- 1.64.1, 3- 1.64.7, and 3- 1.67.3; and revising subsections 3- 1.65.2 and 3- 1.65.5, to read as follows: ARTICLE 3. DEFINITIONS Section 3 -1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: 3- 1.10.1 Building /Structurally- Mounted Wind Energy Unit. A small wind energy unit for permanent mounting and operating on a building or other structure. Building or structurally- mounted units may not exceed 10 kW in manufacturer rated power. 3- 1.23.1 * Fall Radius. The fall area for a wind energy unit is measured by using the total height of the tower as the radius around the center point of the base of the tower. * 3- 1.32.1 Grid System. The transmission and distribution system created to deliver the supply and demand of electricity for consumers. * * * * * 3- 1.36.1 Horizontal Axis Wind Energy Unit. A wind energy unit that utilizes a generator shaft that is horizontal (parallel) to the ground. 3- 1.48.1 Medium Wind Energy Unit. A wind energy conversion unit consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on -site consumption. A medium wind energy conversion unit has a total rated capacity of 20 kW to 100 kW. 3- 1.52.2 Rated Capacity. The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment. Wind Energy System Ordinance 10152009a —224— 3- 1.58.4 Page 3 of 22 * Small Wind Energy Unit. A wind energy conversion unit designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on -site consumption. A small wind energy conversion unit has a total rated capacity of up to 20 kW. * 3- 1.64.1 Survival Wind Speed. The maximum wind speed, as designated by the wind energy unit manufacturer, at which a unit, in unattended operation (not necessarily producing power) is designed to survive, without damage to any structural equipment or components of the system, or loss of the ability to function normally. 3 1.64.1 3 1.64.2 Taverns, Lounges, or Bars. A use engaged in the retail sale of alcoholic beverage, for on- premise consumption provided the establishment derives more than 75 percent of the establishment's gross revenue from the on- premise sale of alcoholic beverages. A tavern, lounge, or bar may include entertainment providing such entertainment is enclosed within the building structure. 3- 1.64.7 * Total Unit Height. The distance from the grade to the highest point on the unit or tower, including the vertical length of any extensions, such as the rotor blade: a. For horizontal axis wind energy units, the distance between the ground and the highest point of the rotor blade in its vertical, upright position; b. For vertical axis wind energy units, the distance between the ground and the highest point of the shaft 3- 1.65.2 Tower / Turbine, Guyed. Any telecommunications tower or wind energy unit supported in whole or in part by cables anchored to the ground. 3- 1.65.5 * Tower, Self- supporting Lattice. A telecommunications or wind energy unit which consists of an open network of metal braces forming a tower which is usually triangular or square in cross - section. Wind Energy System Ordinance 10152009a * * * —225— Page 4of22 3 1.67.3 Wind Energy Systcrn. A wind -energy conversion system or similar (1) Height, Total System. The height abevc grade of the system, including rotors. 3- 1.67.3 Vertical Axis Wind Energy Unit. A wind energy unit that utilizes a generator and shaft that is positioned vertical (perpendicular) to the ground. 3- 1.67.4 Wind Energy Unit. A shaft, gearing belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity producing device to convert the mechanical energy of the surface area into electrical energy, and the associated, tower, pylon, or other supporting structure, and rotor blades or other device. Wind energy units may consist of several units forming a wind energy system. * * * SECTION 2. The Corpus Christi Zoning Ordinance is amended by adding a new Article 27D to read as follows: ARTICLE 27D WIND ENERGY CONVERSION UNITS 27D -1 Purpose. The purpose of this article is to facilitate the siting, installation, and construction of small and medium wind energy conversion units within the City of Corpus Christi, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species. 27D -2 Applicability. 27D -2.1 The requirements of this article apply within the City of Corpus Christi where all wind energy conversion units used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system. 27D -2.2 Wind energy units in place prior to (EFFECTIVE DATE OF ORDINANCE) are not required to meet the requirements of this article. 27D -2.3 However, any pre - existing wind energy unit that is not producing energy for a continuous period of 6 months must meet the requirements of this article prior to recommencing production of energy. Wind Energy System Ordinance 10152009a —226— Page 5 of 22 27D -2.4 An •h sical modification to an existin• and •ermitted wind ener• unit that materially alters the size, type, power output, or number of wind energy units, or other equipment, requires a permit modification from the City. 27D -2.5 Accessory Use. Accessory use for this article refers to the stipulation that the energy generated by a wind energy unit must be used onsite and any additional energy produced above the total onsite demand can only be sold to an electrical utility that normally provides electrical power to the property. 27D -2.6 Wind Energy Farms. The leasing of land or establishment of wind energy units on land for the commercial sale of wind energy is prohibited within the City limits. 27D -3 Requirements for all Wind Energy Units. 27D -3.1 Certification. All wind energy units must be approved under an Emerging Technology program, such as the California Energy Commission, IEC, or any other small and medium wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. 27D -3.2 Permits. All wind energy units require a Building Permit, Electrical Permit, and Development Services review by the City. 27D -3.3 Inspection. All wind energy units must be inspected by the City's Building and Electrical Inspectors. 27D -3.4 Permit Issuance. The Development Services review must be performed, and the Building Permit, Electrical Permit, and if applicable, Special Use Exception Permit, must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy unit. 27D -3.5 Agency Review. All wind energy units are subiect to permit review and consultation with all applicable State and Federal agencies having jurisdiction and listed under Section 27D -6. 27D -3.6 Survival Wind Speed. All wind energy units and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind resistant construction standards of the Texas State Department of Insurance Wind Load Factors for the Corpus Christi area and the Corpus Christi Building Code. Wind Energy System Ordinance 10152009a —227— 27D -3.7 Setbacks. 27D -3.8 27D -3.9 Page 6 of 22 (A) All required setbacks are measured from the property line or utility easement, if present and applicable, and subject to Section 27D- 4.4. (B) If an Applicant is able to present evidence that the proposed wind energy system has been engineered with a break -point along the tower, the City may determine that the measurement of the length of the longest segment following a break at the break -point can be used in determining the fall radius and setback. Controls and brakes. All wind energy units must have automatic and manual braking systems, that engage at the maximum wind speeds allowable as designated for the type of wind energy unit installed, to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, turbine components, or supporting and mounting structures. Maintenance. The owner and operator of a wind energy unit must maintain the unit to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer. 27D -3.10 Appearance. All wind energy units must maintain a non - reflective finish. 27D -3.11 Signs. Advertising or identification of any kind on wind energy conversion units is prohibited. 27D -3.12 Wiring. (A) Storage. All electrical wires associated with a freestanding wind energy conversion unit must be located on or within the tower or supporting structure in a manner that minimizes their visibility, and must be installed in compliance with the Corpus Christi Electrical Code. (B) Installation. All transmission wires must be installed underground and comply with the City of Corpus Christi's Electrical Code. 27D -3.13 Lighting. Wind energy units may not be artificially lighted, unless requested or required by the Federal Aviation Administration. 27D -3.14 Restrictive Covenants and Easements. Wind energy units may not be located in violation of any restrictive covenants and private restrictions on the properties where they are located. 27D -3.15 Flood Elevations. All electrical and mechanical equipment associated with a wind energy unit must meet the Base Flood Elevation requirements Wind Energy System Ordinance 10152009a —228— Page 7of22 of the "Flood Hazard Prevention Code" under the City's Chapter 14, Development Services Code. 27D-4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits. 27D -4.1 Permitted Use /By Right. (A) All applications for wind energy units as a Permitted /By Right use are subject to permit review and the requirements of Sections 27D- 2, 27D -3, 27 -D4.1, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8, and 27D -9. (B) Wind energy units are allowed as an accessory use to a building or structure requiring energy, and as a Permitted/By-Right use on platted lots as follows: 1) Single - Family, Two - Family, and Townhouse Residential Use Districts. The following standards apply to the single - family, two- family, and townhouse residential uses in zoning districts RE, RA, R -1A, R -1B, R -1C, R -TH, R -2, A -1, A -1A, A -2, AB, B -1, B -1A, B -2, B -2A, B -4, or BD: a) One building or structurally- mounted unit is permitted for every 1,500 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on any lot originally platted as one acre (43,560 sq. ft.) in size or greater, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines. 2) Multiple- family Residential Use Districts. The following standards apply to the multiple - family residential uses in zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B- 2A, B-4, or BD: a) One building or structurally- mounted unit is permitted Wind Energy System Ordinance 10152009a for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. —229— Page 8 of 22 b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 3) Neighborhood Business and Light- Industrial Use Districts. The following standards apply to the neighborhood business and light- industrial uses in zoning districts AB, B -1, B -1A, B- 2, B -2A, B -3, 1 -1, or 1 -2: a) One building or structurally - mounted unit is permitted for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 4) Primary Business and Heavy - Industrial Use Districts. The following standards apply to the general business, heavy - industrial, and agricultural uses in zoning districts B -4, B -5, B -6, or 1 -3: a) One building or structurally- mounted unit is permitted for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 35 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 85 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 5) Agricultural Use Districts. The following standards apply to the agricultural uses in zoning district F -R: Wind Energy System Ordinance 10152009a —230— Page 9 of 22 a) One building or structurally- mounted unit is permitted for every 1,500 sq. ft. of a building requiring energy, not to exceed a height of 35 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. Each building that is at least 1,500 sq. feet that requires energy may have a building or structurally- mounted unit. b) In addition to building or structurally- mounted units, two small free - standing units are permitted on a platted lot, the total unit height of which may not exceed 85 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 27D -4.2 Special Use Exception Permit. (A) All applications for wind energy units under a Special Use Exception Permit are subject to permit review and the requirements of Sections 27D -2, 27D -3, 27 -D4.2, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8, 27D -9, and 29 -3.13. The Zoning Board of Adjustment shall apply the following additional standards during their review: (B) All Special Use Exception Permits issued for a wind energy unit are for the life of the system, and with the exception of the replacement of parts for the repair of an existing unit, any replacement in the model, height, or power output of the unit requires an amendment to the existing Special Use Exception Permit. 1C) Wind energy units, which are in addition to any wind energy units allowed by right under 27D -4.1, are allowed as an accessory use to a building requiring energy on platted Tots under a Special Use Exception Permit as follows: 1) Single- Family, Two - Family, and Townhouse Residential Use Districts. One small free - standing unit is permitted on any lot platted as less than one acre (43,560 sq. ft.) in size, provided that the total unit height may not exceed 55 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts RE, RA, R -1A, R -1 B, R -1 C, R -TH, R -2, A -1, A -1 A, A -2, AB, B -1, B -1 A, B -2, B -2A, B -4, or BD, when the property is being used for single - family, two- family, or townhouse residential uses. Wind Energy System Ordinance 10152009a —231— 27D -4.3 Page 10 of 22 2) Multiple - family Residential, Neighborhood Business, and Light - Industrial Use Districts. One medium free- standing unit is permitted on any lot platted as four or more acres in size, provided that the total unit height may not exceed 55 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B -2A, B -3, BD, 1 -1, or 1 -2, when the property is used for multiple - family residential uses, neighborhood business, and light- industrial uses. 3) Primary Business and Heavy Industrial Use Districts. One medium free - standing unit is permitted on any lot platted as four or more acres in size, provided that the total unit height may not exceed 85 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts B -4, B -5, B -6, or 1 -3, when the property is used for general business or heavy- industrial uses. 4) Agricultural Use Districts. Two medium free - standing units are permitted on any lot platted, provided that the total unit height may not exceed 85 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts F -R, when the property is used for agricultural uses. Additional Unit Allowances. Additional wind energy units are permitted on platted lots in the districts listed below through the Special Use Exception permitting process. The Zoning Board of Adjustment shall apply the following additional standards during their review: (A) Requests for additional small or medium wind energy units on a site above what is permitted in Sections 27D -4.1 and 27D -4.2 above, can be considered as an accessory use by the City's Zoning Board of Adjustment in the: 1) F -R, B -5, B -6, and 1 -3 Zoning Districts. 2) A Planned Unit Development (PUD) with at least four acres. The Assistant City Manager, Development Services, or designee, shall submit a recommendation on whether the application is consistent with the plans for the PUD. 3) A platted development with at least four acres of common areas, subject to the standards established for the uses and underlying zoning districts under Sections 27D -4.1 and 27D -4.2. Wind Energy System Ordinance 10152009a —232— (B) 27D -4.4 (C) Page 11 of 22 For all requests made for additional units for the uses and the zoning districts listed under this section, the applicant must be able to show that the additional unit or units are required to power the buildings or facilities that the additional units are being requested for, and the energy production of the additional units does not exceed the building or facility electrical power demand onsite by more than 50% of the peak annual demand. Additional units can be approved for these - districts, at a ratio of one additional small or medium unit for every additional four acres. (D) Additional units granted by the Board of Adjustments must meet the standards of this Article, and the review standards of Section 29 -3.13. Additional Setbacks, Clearance, and Height Requirements. All wind energy units must be located under the following setback and clearance requirements, measured from the center of the supporting structure base: (A) Yards. No wind energy unit may be located in any required front yard, located between a principal building and a required front yard, or located in front of the front building line of the principal residential, commercial, agricultural, rural, or industrial building on the lot served by the wind energy unit. (B) Vertical Ground Clearance. The blade tip of any wind energy unit at its lowest point, must have a ground clearance of no less than 12 feet for a vertical axis wind energy unit, and 25 feet for a horizontal axis wind energy unit, as measured at the lowest point of the turbine unit for a vertical axis unit, or lowest point of the arc of the blades for a horizontal axis unit. IC) Communication and Electrical Lines. Each wind energy unit must be set back a minimum distance of 100% of the total unit height from any right -of -way, or public or private easement where above ground structures or utility lines exist, or are likely to exist, without proof of the lawful consent of the easement owners. (D) Professional Engineer Certification. The maximum height of any structurally- mounted or freestanding wind energy unit will be dependent upon the results of the structural engineering plans, performed by a registered Texas State Engineer. 1E) All Maximum Heights. Maximum heights for all wind energy units may not exceed the manufacturer's height recommendations for the unit. Wind Energy System Ordinance 10152009a —233— Page 12 of 22 27D -5 Prohibitions and Nuisance Abatement. (A) Prohibited Models. The following wind energy units are prohibited in all zoning districts: (1) Guyed or latticed towers for small, or medium wind energy units: (2) Experimental, homebuilt, prototype models, or any model not listed on the City's list of approved manufacturers and models. (B) Signal Interference. (1) Prevention. The manufacturer or wind energy unit representative must take into consideration the proposed location of the wind energy unit and certify that the siting of the wind energy unit will not interfere with any of the following: (a) Existing microwave communications links. (b) Existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, wireless phone, or other personal communication systems. (c) Military or civil navigational or defense radar signals. (2) Military Base Facilities. Wind energy units are prohibited in areas deemed critical as navigational and defense radar sensitive areas by any military facility or installation. (3) Mitigation. Operation of wind energy units must be discontinued if such interference occurs after the construction, until such time as the interference is mitigated for or eliminated. (D) Sound Emissions. 11) The sound levels emitted by all wind energy units at all the neighboring property lines may not exceed the sound levels, or be in violation of, any of the standards established under the City's Chapter 31 "Noise" Ordinance. (2) Sound Level Complaints. All noise nuisance complaints will be processed by the City in accordance with the standards and requirements of the City's Chapter 31 "Noise" Ordinance Wind Energy System Ordinance 10152009a —234— Page 13 of 22 and may require the owner of the wind energy unit to cease operation of the unit until the complaint has been resolved and the unit has been brought into compliance. (E) Security. (1) Ground Clearance. The bottom of a freestanding tower or mounting structure, measured from ground level to 15 feet above ground level, must be designed in a manner to discourage unauthorized climbing. (2) Access. All access doors to wind turbine towers and electrical equipment must be lockable. (F) Enforcement. (1) Safety. Any wind energy unit found to be unsafe by the local Building Official must be repaired by the owner within 60 days of the Building Official's notice to meet Federal, State, Local and manufacturer safety standards, and the standards of this section. (2) Notice. If any wind energy unit is not operated for at least a continuous period of 6 months due to operational difficulties or abandonment, the landowner shall provide the City the reasons for the operational difficulty or abandonment and provide a reasonable timetable for corrective action, or removal of the wind energy unit as outlined under Section 27D -7. (3) Resolution. If the Assistant City Manager, Development Services or designee deems the timetable for corrective action as unreasonable, the Assistant City Manager, Development Services or designee, may notify the landowner or operator, who shall remove the wind energy unit within 6 months of receipt of notice from the Assistant City Manager, Development Services or the designee. 27D -6 Agency Cooperation, Review, and Compliance. All proposed wind energy units are subject to the following agency reviews during the siting, application, site plan review, and permitting processes: JA) Federal Aviation Administration (F.A.A.) Requirements. All proposed wind energy units are subiect to the F.A.A.'s requirements. (B) Naval Air Station (NAS) & Military Bases and Airports. Wind energy units proposed within military Accident Potential Zones, Air Wind Energy System Ordinance 10152009a —235— Page 14 of 22 Installation Compatibility Use Zones, or that may interfere with military or civilian Navaid or defense radar systems will require review by the Federal Aviation Administration. (C) State and Federally Protected Species and Wetlands. All proposed wind energy units are subject to review by State and Federal agencies responsible for the protection of listed species, migratory bird species, wetlands, and state waters. Permit review may require proof of consultation with jurisdictional agencies and additional biological assessments may have to be performed on the proposed site if it is determined by the reviewing agency that protected species are likely to be impacted on the site. (1) Sanctuaries. Any wind energy unit proposed within one mile from designated Bird Sanctuaries, Preserves, Wildlife State or Federal Parks, or Wildlife Resource or Management Areas, require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant. (2) Protected Species. Any wind energy unit proposed within an area inhabited by a protected species or their associated rookeries, leks, breeding, or foraging grounds, require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant. (3) Wetlands. Wind energy units proposed within the boundaries of any jurisdictional wetlands /waters require consultation and review by the Army Corp of Engineers and the Texas General Land Office. (4) Utility Notification. No wind energy unit that has the ability to be connected to a power grid may be installed until the applicant has provided evidence of compliance with all State laws and provides a copy of the "Application for Interconnection and Parallel Operation of Distributed Generation ", as may be amended or replaced in the future, that has been fully executed and approved by the electric utility company. (5) Permit Issuance. The applicant must show consideration of, and proof of compliance with these agencies if required, prior to receiving a Building Permit, Electrical Permit, or Special Use Exception Permit for the wind energy unit from the City. Wind Energy System Ordinance 10152009a —236— Page 15 of 22 27D -7 Decommissioning. 27D -7.1 Useful Life. The wind energy unit is presumed to be at the end of its useful life if no electricity is generated for a continuous period of 6 months. 27D -7.2 Responsibility. The property owner or operator shall, at their sole expense, complete decommissioning of the wind energy unit within 6 months from the time it is determined that the wind energy unit has met the end of its useful life as outlined in 27D -7(A). 27D -7.3 Required Action. Decommissioning must include removal of the entire wind energy unit, including buildings, cabling, electrical components, and any other associated facilities. 27D -7.4 Remediation. Disturbed earth must be graded and re- seeded. 27D -8 Application Requirements. 27D -8.1 An application for approval of a wind energy unit must include plans and specifications sufficient to show that the proposed wind energy unit complies with the standards under this article. An application may not be deemed complete unless it includes the following items: (A) Permit Application: Original signatures are required for the applicant and all co- applicants applying for the Special Use Exception Permit, Building Permit, and Electrical Permit. If the applicant or co- applicant is represented by an agent, the original signature of the property owner authorizing the agent to represent the applicant and /or co- applicant is required. The following information must be included on the application under the project description: (1) An estimate of the total on -site electrical demands and the approximate generating capacity of the wind energy unit. (2) The name of the certified manufacturer and model proposed for use from the City's list of certified manufacturers and models. (3) The height of the wind energy unit to be constructed. (4) The phone number and name of a responsible person for the public to contact with inquiries and complaints throughout the life of the project. (B) Site Plan. Two copies of a site plan submitted for a small or medium wind energy unit submitted on a minimum size of 8W X 14" sheets, with the requirement that all of the submittal Wind Energy System Ordinance 10152009a —237— Page 16 of 22 requirements listed under this section are included on additional site plan sheets. The site plan must include the following information: (1) Legal description, including lot and block, metes and bounds, and address of the project site. (2) Adjacent land uses and zoning designations. (3) The locations of all easements, rights -of -way, building, front, side, and rear zoning lot setback lines, locations of all existing buildings, fences, and overhead utility lines on the property. (4) The exact location and orientation of each wind energy unit within the site and the direction of the prevailing winds. (C) System Design Drawings. Certified and sealed engineered drawings prepared by a professional Engineer registered in the State of Texas are required, and must include the following information: (1) Engineering design specifications of the wind energy unit, including the tower and supporting structure, base, footings, and the unit components, showing compliance with the City's Building Code. (2) Drawings that indicate the total finished wind energy unit heights from the grade level prior to any modifications, including any engineered break points along the tower. (3) The wind survival speed of the entire unit and supporting structure, including turbine, rotor blades, covers, and other components. (4) Data pertaining to the tower or supporting structure's safety and stability, including any safety results from test facilities. (5) A copy of the manufacturer's installation instructions. (6) Building or Structurally- Mounted Systems. (a) The certified and sealed engineering plans prepared by a professional Engineer registered in the State of Texas must show how the wind energy unit will be installed for the portions of the structure proposed for use in the mounting of the unit. Wind Energy System Ordinance 10152009a —238— Page 17 of 22 (b) The engineering plans must state and show that the proposed wind energy unit is compatible with the portions of the mounting structure proposed for use. (D) Written Statements and Additional Documentation. In addition to the site plan, applications for all wind energy units must include proof of the following in the form of written statements: (1) A statement verifying that the small or medium wind energy conversion unit will be used solely for on -site consumption of electricity, and any additional energy produced above the total onsite demand can only be sold to an electrical utility that normally provides electrical power to the property. (2) A statement indicating what safety precautions and emergency plan the applicant proposes to utilize in a storm event greater than Category I (74 mph winds). (3) A statement from any architectural review board, property owners', or homeowners' association that the proposed unit complies with association requirements and restrictions if applicable. (4) A statement that the project site is, or is not, within a protected area surrounding an airport or air installation where air traffic may be a consideration affecting the installation of the unit, if required. (The applicant shall provide evidence of compliance with any applicable aviation regulatory requirements). (5) Copies of any City, State, Federal, or Military reviews, permits, licenses, biological opinions, biological /environmental assessments, records of decision, memoranda of understanding, exemption, variance, or other authorization or approval related to the proposed wind energy project, if required. (6) Copy of the manufacturer's scheduled maintenance requirements for the proposed unit. (E) Grid -tied systems. For wind energy units that will be connected to an electrical grid, a copy of the fully executed "Application for Interconnection and Parallel Operation of Distributed Generation" is required, as described in 27D- 6(C)(4) above, approved by the electric utility service provider that serves the proposed site indicating that the applicant has been approved for the installation of a wind energy conversion unit. Wind Energy System Ordinance 10152009a —239— 27D -9 Review Standards. 27D -9.1 Page 18 of 22 The applicant's submittal for a Building Permit, Electrical Permit, and Special Use Exception Permit must demonstrate compliance with the following standards under this section, in addition to the Special Use Exception Permit review standards under Section 29- 3.13(C)(3). (A) Public Safety. The proposed wind energy unit must be designed and operated to protect public safety by measures that may include, but are not limited to, the following: (1) The proposed wind energy unit must be designed, constructed, and operated so the public cannot come within close proximity to turbine blades and electrical equipment. (2) The proposed wind energy unit must be designed, sited, constructed, operated, and maintained to prevent the structural failure of the system or blades that could endanger the public's safety. (B) Other Properties. The wind energy unit may not adversely affect the uses of adioininq and adjacent properties. (C) State, Federal, Military, and Civil Requirements. The proposed wind energy unit has been designed, sited, and will operate in compliance with the regulations, codes, statutes, and laws of all Local Government, Military, State, and Federal agencies. SECTION 3. Section 29 -3.13, Corpus Christi Zoning Ordinance is revised to read as follows: 29 3.13 Wind energy systems afe applicable in any zoning district providing the every one and a half (1 'h) acres of property. the blade. Wind Energy System Ordinance 10152009a —240— measured at the lowest paint of the are of the blades. at the base of the structure. measured at the closest property line. Page 19 of 22 one hundred /1/1(1\ mph {8) Roof top mounted wind goncr-aters afe prohibited. {9) The wind energy system wi11 net adversely affect the uses of adjacent - - 1 !!!. !! - !_ 29 -3.13 Wind Energy Conversion Units. The review process for a Special Use Exception for a wind energy unit is as follows: (A) Concurrent Site Plan Submittal. (1) The application for a Special Use Exception for a wind energy unit must include a site plan as outlined under Section 27D -8.1. (2) The Board of Adjustment may not approve, approve with conditions, or deny a Special Use Exception application until after the site plan has been reviewed by the City's Development Services Department. (B) Development Services Review. (1) The City's Development Services Department must review the application and, considering the review criteria under this article, make a recommendation to the Board of Adjustment. (2) The Assistant City Manager, Development Services or designee shall be responsible for making a recommendation in the event an agreement on a recommendation from the development review committee cannot be reached. (C) Board of Adjustment Action. (1) The Board of Adjustment must take final action on the Special Use Exception for a wind energy unit within 45 days Wind Energy System Ordinance 10152009a —241— Page 20 of 22 from the date the recommendation of the Director of Development Services is made. (2) In the event the Board of Adjustment fails to act within 45 days, the application for the Special Use Exception for a wind energy unit shall be deemed, in all things, denied. (3). Review Standards for a Wind Energy Unit Special Use Exception. In determining whether to approve, approve with conditions, or disapprove a Special Use Exception for a wind energy unit, the Board of Adjustment must consider and make a specific finding on each of the following criteria: (a) The use conforms in all respects to the regulations and standards found in the City's Zoning and Platting Ordinances. (b) The impact of the use on public infrastructure, such as roads, natural gas, water, storm water, and wastewater systems, and on public services, such as police and fire protection and solid waste collection, can be minimized without negatively impacting existing uses in the area and in the City. (c) The physical appearance, hours of operation, and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution, or otherwise detrimentally affect the residential character of the area or adjacent areas. (d) The use takes adequate measures to control or eliminate smoke, dust, gas, glare, hazardous materials, noise, or vibration caused by operations. (e) The use complements and is compatible with the surrounding uses and community facilities. (f) The use does not substantially affect adversely the uses of adjacent and neighboring property. (q) The use is not detrimental to the public's health, safety, or general welfare. SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Wind Energy System Ordinance 10152009a —242— Page 21 of 22 SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 10. This Ordinance shall take effect upon and after publication of this Ordinance. Wind Energy System Ordinance 10152009a —243— Page 22 of 22 That the foregoing ordinance was read for the first time and passed to its second reading on this the ? day of 6'0, , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, S Kevin Kieschnick Priscilla Leal s John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: / day of October, 2009: R. Ja, ning First Assistant Cify Attorney For City Attorney Wind Energy System Ordinance 10152009a —244— REVISED ORDINANCE Page 1 of 22 ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING NEW DEFINITIONS IN SECTIONS 3 -1, BY REDESIGNATING SUBSECTION 3- 1.64.1 AS SUBSECTION 3- 1.64.2, BY REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3- 1.65.2 AND 3- 1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION 29 -3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW STANDARDS FOR THE INSTALLATION AND SITING OF WIND ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the development and use of renewable energy sources and investments in energy efficiency will enhance energy productivity and security; offer clean, reliable, and affordable energy technologies, and increase choices available to the City of Corpus Christi residents; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, December 10, 2008, August 5, 2009, September 30, 2009, and October 14, 2009, during meetings of the Planning Commission, and on Tuesday, October 27, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that the adoption of this ordinance best serves the general welfare of the City and its citizens by providing a regulatory base for the construction and operation of wind energy units in the City of Corpus Christi, subject to reasonable restrictions, which will preserve the public health and safety; WHEREAS, the City of Corpus Christi will coordinate planning for wind energy projects with public and privately -owned electric utility companies, with independent developers and with state and federal agencies, including but not limited to, the Texas Public Utilities Commission, Texas General Land Office, Texas Parks and Wildlife Department, U.S. Fish and Wildlife Service, Army Corps of Engineers, and the Texas Natural Resource Conservation Commission among others; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. Section 3 -1 of the Corpus Christi Zoning Ordinance is amended by redesignating subsection 3- 1.64.1 as subsection 3- 1.64.2, redesignating and revising subsection 3- 1.67.3 as subsection 3- 1.67.4; adding new subsections 3- 1.10.1, 3- 1.23.1, Wind Energy System Ordinance 10302009a —245— Page 2 of 22 3- 1.32.1, 3- 1.36.1, 3- 1.48.1, 3- 1.52.2, 3- 1.58.4, 3- 1.64.1, 3- 1.64.7, and 3- 1.67.3; and revising subsections 3- 1.65.2 and 3- 1.65.5, to read as follows: ARTICLE 3. DEFINITIONS Section 3 -1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: 3- 1.10.1 Building /Structurally- Mounted Wind Energy Unit. A small wind energy unit for permanent mounting and operating on a building or other structure. Buildinq or structurally- mounted units may not exceed 10 kW in manufacturer rated power. 3- 1.23.1 Fall Radius. The fall area for a wind energy unit is measured by using the total height of the tower as the radius around the center point of the base of the tower. * * 3- 1.32.1 Grid System. The transmission and distribution system created to deliver the supply and demand of electricity for consumers. * * * * 3- 1.36.1 Horizontal Axis Wind Energy Unit. A wind energy unit that utilizes a generator shaft that is horizontal (parallel) to the ground. 3- 1.48.1 3- 1.52.2 Medium Wind Energy Unit. A wind energy conversion unit consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on -site consumption. A medium wind energy conversion unit has a total rated capacity of 20 kW to 100 kW. * * * Rated Capacity. The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment. Wind Energy System Ordinance 10302009a —246— 3- 1.58.4 Page 3 of 22 Small Wind Energy Unit. A wind energy conversion unit designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on -site consumption. A small wind energy conversion unit has a total rated capacity of up to 20 kW. 3- 1.64.1 Survival Wind Speed. The maximum wind speed, as designated by the wind .energy unit manufacturer, at which a unit, in unattended operation not necessaril • roducin • sower is desi • ned to survive without dama • e to any structural equipment or components of the system, or loss of the ability to function normally. 3 1.64.1 3 1.64.2 Taverns, Lounges, or Bars. A use engaged in the retail sale of alcoholic beverage, for on- premise consumption provided the establishment derives more than 75 percent of the establishment's gross revenue from the on- premise sale of alcoholic beverages. A tavern, lounge, or bar may include entertainment providing such entertainment is enclosed within the building structure. 3- 1.64.7 * Total Unit Height. The distance from the grade to the highest point on the unit or tower, including the vertical length of any extensions, such as the rotor blade: a. For horizontal axis wind energy units, the distance between the around and the highest point of the rotor blade in its vertical, upright position; b. For vertical axis wind energy units, the distance between the ground and the hiqhest point of the shaft * 3- 1.65.2 Tower / Turbine, Guyed. Any telecommunications tower or wind energy unit supported in whole or in part by cables anchored to the ground. 3- 1.65.5 * Tower, Self- supporting Lattice. A telecommunications or wind energy unit which consists of an open network of metal braces forming a tower which is usually triangular or square in cross - section. Wind Energy System Ordinance 10302009a —247— Page 4 of 22 rotors. 3- 1.67.3 Vertical Axis Wind Energy Unit. A wind energy unit that utilizes a generator and shaft that is positioned vertical (perpendicular) to the ground. 3- 1.67.4 Wind Energy Unit. A shaft, gearing belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity producing device to convert the mechanical energy of the surface area into electrical energy, and the associated, tower, pylon, or other supporting structure, and rotor blades or other device. Wind energy units may consist of several units forming a wind energy system. * * * SECTION 2. The Corpus Christi Zoning Ordinance is amended by adding a new Article 27D to read as follows: ARTICLE 27D WIND ENERGY CONVERSION UNITS 27D -1 Purpose. The purpose of this article is to facilitate the siting, installation, and construction of small and medium wind energy conversion units within the City of Corpus Christi, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species. 27D -2 Applicability. 27D -2.1 The requirements of this article apply within the City of Corpus Christi where all wind energy conversion units used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system. 27D -2.2 Wind energy units in place prior to (EFFECTIVE DATE OF ORDINANCE) are not required to meet the requirements of this article. 27D -2.3 However, any pre- existing wind energy unit that is not producing energy for a continuous period of 6 months must meet the requirements of this article prior to recommencing production of energy. Wind Energy System Ordinance 10302009a —248— Page 5 of 22 27D -2.4 Any physical modification to an existing and permitted wind energy unit that materially alters the size, type, power output, or number of wind energy units, or other equipment, requires a permit modification from the City. 27D -2.5 Accessory Use. Accessory use for this article refers to the stipulation that the enemy generated by a wind energy unit must be used onsite and any additional energy produced above the total onsite demand can only be sold to an electrical utility that normally provides electrical power to the property. 27D -2.6 Wind Energy Farms. The leasing of land or establishment of wind energy units on land for the commercial sale of wind energy is prohibited within the City limits. 27D -3 Requirements for all Wind Energy Units. 27D -3.1 - Certification. All wind energy units must be approved under an Emerging Technology program, such as the California Energy Commission, IEC, or any other small and medium wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. 27D -3.2 Permits. All wind energy units require a Building Permit, Electrical Permit, and Development Services review by the City. 27D -3.3 Inspection. All wind energy units must be inspected by the City's Building and Electrical Inspectors. 27D -3.4 Permit Issuance. The Development Services review must be performed, and the Building Permit, Electrical Permit, and if applicable, Special Use Exception Permit, must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy unit. 27D -3.5 Agency Review. All wind energy units are subject to permit review and consultation with all applicable State and Federal agencies having jurisdiction and listed under Section 27D -6. 27D -3.6 Survival Wind Speed. All wind energy units and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind resistant construction standards of the Texas State Department of Insurance Wind Load Factors for the Corpus Christi area and the Corpus Christi Building Code. Wind Energy System Ordinance 10302009a —249— 27D -3.7 Setbacks. 27D -3.8 Page 6 of 22 (A) All required setbacks are measured from the property line or utility easement, if present and applicable, and subiect to Section 27D- 4.4. (B) If an Applicant is able to present evidence that the proposed wind energy system has been engineered with a break -point along the tower, the City may determine that the measurement of the length of the longest segment following a break at the break -point can be used in determining the fall radius and setback. Controls and brakes. All wind energy units must have automatic and manual braking systems, that engage at the maximum wind speeds allowable as designated for the type of wind energy unit installed, to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, turbine components, or supporting and mounting structures. 27D -3.9 Maintenance. The owner and operator of a wind energy unit must maintain the unit to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer. 27D -3.10 Appearance. All wind energy units must maintain a non - reflective finish. 27D -3.11 Signs. Advertising or identification of any kind on wind energy conversion units is prohibited. 27D -3.12 Wiring. (A) Storage. All electrical wires associated with a freestanding wind energy conversion unit must be located on or within the tower or supporting structure in a manner that minimizes their visibility, and must be installed in compliance with the Corpus Christi Electrical Code. (B) Installation. All transmission wires must be installed underground and comply with the City of Corpus Christi's Electrical Code. 27D -3.13 Lighting. Wind energy units may not be artificially lighted, unless requested or required by the Federal Aviation Administration. 27D -3.14 Restrictive Covenants and Easements. Wind energy units may not be located in violation of any restrictive covenants and private restrictions on the properties where they are located. 27D -3.15 Flood Elevations. All electrical and mechanical equipment associated with a wind energy unit must meet the Base Flood Elevation requirements Wind Energy System Ordinance 10302009a —250— Page 7 of 22 of the "Flood Hazard Prevention Code" under the City's Chapter 14, Development Services Code. 27D -4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits. 27D -4.1 Permitted Use /By Right. (A) All applications for wind energy units as a Permitted /By Right use are subject to permit review and the requirements of Sections 27D- 2, 27D -3, 27 -D4.1, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8, and 27D -9. (B) Wind energy units are allowed as an accessory use to a building or structure requiring energy, and as a Permitted /By -Right use on platted lots as follows: 1) Single - Family, Two - Family, and Townhouse Residential Use Districts. The following standards apply to the single - family, two- family, and townhouse residential uses in zoning districts RE, RA, R -1A, R -1 B, R -1 C, R -TH, R -2, A -1, A -1A, A -2, AB, B -1, B -1A, B -2, B -2A, B-4, or BD: a) One building or structurally- mounted unit is permitted for every 1,500 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on any lot originally platted as one acre (43,560 sq. ft.) in size or greater, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines. 2) Multiple - family Residential Use Districts. The following standards apply to the multiple - family residential uses in zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B- 2A, B-4, or BD: a) One building or structurally- mounted unit is permitted Wind Energy System Ordinance 10302009a for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. —251— Page8of22 b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 3) Neighborhood Business and Light - Industrial Use Districts. The following standards apply to the neighborhood business and light- industrial uses in zoning districts AB, B -1, B -1A, B- 2, B -2A, B -3, 1 -1, or 1 -2: a) One building or structurally- mounted unit is permitted for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 15 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 55 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 4) Primary Business and Heavy- Industrial Use Districts. The following standards apply to the general business, heavy - industrial, and agricultural uses in zoning districts B -4, B -5, B -6, or 1 -3: a) One building or structurally- mounted unit is permitted for every 20,000 sq. ft. of a building requiring energy, not to exceed a height of 35 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. b) In addition to building or structurally- mounted units, one small free - standing unit is permitted on a platted lot, the total unit height of which may not exceed 85 feet above the natural wade, with a fall radius that falls within the property lines, and clears all other structures onsite. 5) Agricultural Use Districts. The following standards apply to, the agricultural uses in zoning district F -R: Wind Energy System Ordinance 10302009a —252— Page 9 of 22 a) One building or structurally- mounted unit is permitted for every 1,500 sq. ft. of a building requiring energy, not to exceed a height of 35 feet above the highest point of the structure, excluding chimneys, with a fall radius that falls within the property lines, and clears all other structures onsite. Each building that is at least 1,500 sq. feet that requires energy may have a building or structurally- mounted unit. b) In addition to building or structurally- mounted units, two small free - standing units are permitted on a platted lot, the total unit height of which may not exceed 85 feet above the natural grade, with a fall radius that falls within the property lines, and clears all other structures onsite. 27D -4.2 Special Use Exception Permit. (A) All applications for wind energy units under a Special Use Exception Permit are subject to permit review and the requirements of Sections 27D -2, 27D -3, 27 -D4.2, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8, 27D -9, and 29 -3.13. The Zoning Board of Adiustment shall apply the following additional standards during their review: (B) All Special Use Exception Permits issued for a wind energy unit are for the life of the system, and with the exception of the replacement of parts for the repair of an existing unit, any replacement in the model, height, or power output of the unit requires an amendment to the existing Special Use Exception Permit. (C) Wind energy units, which are in addition to any wind energy units allowed by right under 27D -4.1, are allowed as an accessory use to a building requiring energy on platted lots under a Special Use Exception Permit as follows: 1) Single- Family, Two - Family, and Townhouse Residential Use Districts. One small free - standing unit is permitted on any lot platted as less than one acre (43,560 sq. ft.) in size, provided that the total unit height may not exceed 55 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts RE, RA, R -1A, R -1 B, R -1 C, R -TH, R -2, A -1, A -1 A, A -2, AB, B -1, B -1 A, B -2, B -2A, B-4, or BD, when the property is being used for single - family, two - family, or townhouse residential uses. Wind Energy System Ordinance 10302009a -253— Page 10 of 22 2) Multiple - family Residential, Neighborhood Business, and Light- Industrial Use Districts. One medium free- standing unit is permitted on any lot platted as four or more acres in size, provided that the total unit height may not exceed 55 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B -2A, B -3, BD, 1 -1, or 1 -2, when the property is used for multiple - family residential uses, neighborhood business, and light- industrial uses. 3) Primary Business and Heavy Industrial Use Districts. One medium free - standing unit is permitted on any lot platted as four or more acres in size, provided that the total unit height may not exceed 85 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts B-4, B -5, B -6, or 1 -3, when the property is used for general business or heavy- industrial uses. 4) Agricultural Use Districts. Two medium free - standing units are permitted on any lot platted, provided that the total unit height may not exceed 85 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts F -R, when the property is used for agricultural uses. 27D -4.3 Additional Unit Allowances. Additional wind energy units are permitted on platted lots in the districts listed below through the Special Use Exception permitting process. The Zoning Board of Adjustment shall apply the following additional standards during their review: (A) Requests for additional small or medium wind energy units on a site above what is permitted in Sections 27D -4.1 and 27D -4.2 above, can be considered as an accessory use by the City's Zoning Board of Adjustment in the: 1) F -R, B -5, B -6, and 1 -3 Zoning Districts. 2) A Planned Unit Development (PUD) with at least four acres. The Assistant City Manager, Development Services, or designee, shall submit a recommendation on whether the application is consistent with the plans for the PUD. 3) A platted development with at least four acres of common areas, subject to the standards established for the uses and underlying zoning districts under Sections 27D -4.1 and 27D -4.2. Wind Energy System Ordinance 10302009a —254— Page 11 of 22 (B) For all requests made for additional units for the uses and the zoning districts listed under this section, the applicant must be able to show that the additional unit or units are required to power the buildings or facilities that the additional units are being requested for, and the energy production of the additional units does not exceed the building or facility electrical power demand onsite by more than 50% of the peak annual demand. (C) Additional units can be approved for the districts listed in Section 27D- 4.3(A). except F -R, at a ratio of one additional small or medium unit for every additional four acres. and one additional small or medium unit for every additional five acres for agricultural uses in an F -R district. (D) Additional units granted by the Board of Adjustments must meet the standards of this Article, and the review standards of Section 29- 3.13. 27D -4.4 Additional Setbacks, Clearance, and Height Requirements. All wind energy units must be located under the following setback and clearance requirements, measured from the center of the supporting structure base: (A) Yards. No wind energy unit may be located in any required front yard, located between a principal building and a required front yard, or located in front of the front building line of the principal residential, commercial, agricultural, rural, or industrial building on the lot served by the wind energy unit. (B) Vertical Ground Clearance. The blade tip of any wind energy unit at its lowest point, must have a ground clearance of no Tess than 12 feet for a vertical axis wind energy unit, and 25 feet for a horizontal axis wind energy unit, as measured at the lowest point of the turbine unit for a vertical axis unit, or lowest point of the arc of the blades for a horizontal axis unit. (C) Communication and Electrical Lines. Each wind energy unit must be set back a minimum distance of 100% of the total unit height from any right -of -way, or public or private easement where above ground structures or utility lines exist, or are likely to exist, without proof of the lawful consent of the easement owners. (D) Professional Engineer Certification. The maximum height of any structurally- mounted or freestanding wind energy unit will be dependent upon the results of the structural engineering plans, performed by a registered Texas State Engineer. Wind Energy System Ordinance 10302009a —255— Page 12 of 22 (E) All Maximum Heights. Maximum heights for all wind energy units may not exceed the manufacturer's height recommendations for the unit. 27D -5 Prohibitions and Nuisance Abatement. (A) Prohibited Models. The following wind energy units are prohibited in all zoning districts: (1) Guyed or latticed towers for small, or medium wind energy units: (2) Experimental, homebuilt, prototype models, or any model not listed on the City's list of approved manufacturers and models. (B) Signal Interference. (1) Prevention. The manufacturer or wind energy unit representative must take into consideration the proposed location of the wind energy unit and certify that the siting of the wind energy unit will not interfere with any of the following: (a) Existing microwave communications links. (b) Existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, wireless phone, or other personal communication systems. (c) Military or civil navigational or defense radar signals. (2) Military Base Facilities. Wind energy units are prohibited in areas deemed critical as navigational and defense radar sensitive areas by any military facility or installation. (3) Mitigation. Operation of wind energy units must be discontinued if such interference occurs after the construction, until such time as the interference is mitigated for or eliminated. j(C) Sound Emissions. (1) The sound levels emitted by all wind energy units at all the neighboring property lines may not exceed the sound levels, or be in violation of, any of the standards established under the City's Chapter 31 "Noise" Ordinance. Wind Energy System Ordinance 10302009a —256— Page 13 of 22 (2) Sound Level Complaints. All noise nuisance complaints will be processed by the City in accordance with the standards and requirements of the City's Chapter 31 "Noise" Ordinance and may require the owner of the wind energy unit to cease operation of the unit until the complaint has been resolved and the unit has been brought into compliance. (€)L Security. 11) Ground Clearance. The bottom of a freestanding tower or • mounting structure, measured from ground level to 15 feet above ground level, must be designed in a manner to discourage unauthorized climbing. (2) Access. All access doors to wind turbine towers and electrical equipment must be lockable. R(E) Enforcement. (1) Safety. Any wind energy unit found to be unsafe by the local Building Official must be repaired by the owner within 60 days of the Building Official's notice to meet Federal, State, Local and manufacturer safety standards, and the standards of this section. (2) Notice. If any wind energy unit is not operated for at least a continuous period of 6 months due to operational difficulties or abandonment, the landowner shall provide the City the reasons for the operational difficulty or abandonment and provide a reasonable timetable for corrective action, or removal of the wind energy unit as outlined under Section 27D -7. (3) Resolution. If the Assistant City Manager, Development Services or designee deems the timetable for corrective action as unreasonable, the Assistant City Manager, Development Services or designee, may notify the landowner or operator, who shall remove the wind energy unit within 6 months of receipt of notice from the Assistant City Manager, Development Services or the designee. 27D -6 Agency Cooperation, Review, and Compliance. All proposed wind energy units are subject to the following agency reviews during the siting, application, site plan review, and permitting processes: (A) Federal Aviation Administration (F.A.A.) Requirements. All proposed wind energy units are subject to the F.A.A.'s requirements. -257— Wind Energy System Ordinance 10302009a Page 14 of 22 (B) Naval Air Station (NAS) & Military Bases and Airports. Wind energy units proposed within military Accident Potential Zones, Air Installation Compatibility Use Zones, or that may interfere with military or civilian Navaid or defense radar systems will require review by the Federal Aviation Administration. (C) State and Federally Protected Species and Wetlands. All proposed wind energy units are subject to review by State and Federal agencies responsible for the protection of listed species, migratory bird species, wetlands, and state waters. Permit review may require proof of consultation with jurisdictional agencies and additional biological assessments may have to be performed on the proposed site if it is determined by the reviewing agency that protected species are likely to be impacted on the site. (1) Sanctuaries. Any wind energy unit proposed within one mile from designated Bird Sanctuaries, Preserves, Wildlife State or Federal Parks, or Wildlife Resource or Management Areas, require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant. (2) Protected Species. Any wind energy unit proposed within an area inhabited by a protected species or their associated rookeries, leks, breeding, or foraging grounds, require consultation and review by the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service and may require mitigation or permitting measures by the applicant. (3) Wetlands. Wind energy units proposed within the boundaries of any jurisdictional wetlands /waters require consultation and review by the Army Corp of Engineers and the Texas General Land Office. (4) Utility Notification. No wind energy unit that has the ability to be connected to a power grid may be installed until the applicant has provided evidence of compliance with all State laws and provides a copy of the "Application for Interconnection and Parallel Operation of Distributed Generation ", as may be amended or replaced in the future, that has been fully executed and approved by the electric utility company. (5) Permit Issuance. The applicant must show consideration of, and Proof of compliance with these agencies if required, prior to receiving a Building Permit, Electrical Permit, or Wind Energy System Ordinance 10302009a —258— 27D -7 Decommissioning. 27D -7.1 27D -7.2 27D -7.3 Page 15 of 22 Special Use Exception Permit for the wind energy unit from the City. Useful Life. The wind energy unit is presumed to be at the end of its useful life if no electricity is generated for a continuous period of 6-12 months. Responsibility. The property owner or operator shall, at their sole expense, complete decommissioning of the wind energy unit within 6 months from the time it is determined that the wind energy unit has met the end of its useful life as outlined ink 27D -7.1. Required Action. Decommissioning must include removal of the entire wind energy unit, including buildings, cabling, electrical components, and any other associated facilities. 27D -7.4 Remediation. Disturbed earth must be graded and re- seeded. 27D -8 Application Requirements. 27D -8.1 An application for approval of a wind energy unit must include plans and specifications sufficient to show that the proposed wind energy unit complies with the standards under this article. An application may not be deemed complete unless it includes the following items: (A) Permit Application: Original signatures are required for the applicant and all co- applicants applying for the Special Use Exception Permit, Building Permit, and Electrical Permit. If the applicant or co- applicant is represented by an agent, the original signature of the property owner authorizing the agent to represent the applicant and /or co- applicant is required. The following information must be included on the application under the project description: (1) An estimate of the total on -site electrical demands and the approximate generating capacity of the wind energy unit. (2) The name of the certified manufacturer and model proposed for use from the City's list of certified manufacturers and models. (3) The height of the wind energy unit to be constructed. (4) The phone number and name of a responsible person for the public to contact with inquiries and complaints throughout the life of the project. Wind Energy System Ordinance 10302009a —259— Page 16 of 22 (B) Site Plan. Two copies of a site plan submitted for a small or medium wind energy unit submitted on a minimum size of 81/2" X 14" sheets, with the requirement that all of the submittal requirements listed under this section are included on additional site plan sheets. The site plan must include the following information: (1) Legal description, including lot and block, metes and bounds, and address of the project site. (2) Adiacent land uses and zoning designations. (3) The locations of all easements, rights -of -way, building, front, side, and rear zoning lot setback lines, locations of all existing buildings, fences, and overhead utility lines on the property. (4) The exact location and orientation of each wind energy unit within the site and the direction of the prevailing winds. (C) System Design Drawings. Certified and sealed engineered drawings prepared by a professional Engineer registered in the State of Texas are required, and must include the following information: (1) Engineering design specifications of the wind energv unit, including the tower and supporting structure, base, footings, and the unit components, showing compliance with the City's Building Code. (2) Drawings that indicate the total finished wind energy unit heights from the grade level prior to any modifications, including any engineered break points along the tower. (3) The wind survival speed of the entire unit and supporting structure, including turbine, rotor blades, covers, and other components. (4) Data pertaining to the tower or supporting structure's safety and stability, including any safety results from test facilities. (5) A copy of the manufacturer's installation instructions. (6) Building or Structurally- Mounted Systems. (a) The certified and sealed engineering plansprepared by a professional Engineer registered in the State of Texas must show how the wind energy unit will be Wind Energy System Ordinance 10302009a —260— Page 17 of 22 installed for the portions of the structure proposed for use in the mounting of the unit. (b) The engineering plans must state and show that the proposed wind energy unit is compatible with the portions of the mounting structure proposed for use. (D) Written Statements and Additional Documentation. In addition to the site plan, applications for all wind energy units must include proof of the following in the form of written statements: (1) A statement verifying that the small or medium wind energy conversion unit will be used solely for on -site consumption of electricity, and any additional enemy produced above the total onsite demand can only be sold to an electrical utility that normally provides electrical power to the property. (2) A statement indicating what safety precautions and emergency plan the applicant proposes to utilize in a storm event greater than Category I (74 mph winds). (3) A statement from any architectural review board, property owners', or homeowners' association that the proposed unit complies with association requirements and restrictions if applicable. (4) A statement that the project site is, or is not, within a protected area surrounding an airport or air installation where air traffic may be a consideration affecting the installation of the unit, if required. (The applicant shall provide evidence of compliance with any applicable aviation regulatory requirements). (5) Copies of any City, State, Federal, or Military reviews, permits, licenses, biological opinions, biological /environmental assessments, records of decision, memoranda of understanding, exemption, variance, or other authorization or approval related to the proposed wind energv project, if required. (6) Copy of the manufacturer's scheduled maintenance requirements for the proposed unit. (E) Grid -tied systems. For wind energy units that will be connected to an electrical grid, a copy of the fully executed "Application for Interconnection and Parallel Operation of, Distributed Generation" is required, as described in 27D- 6(C )(41 above, approved by the electric utility service provider that serves the proposed site Wind Energy System Ordinance 10302009a —261— Page 18 of 22 indicating that the applicant has been approved for the installation of a wind energy conversion unit. 27D -9 Review Standards. 27D -9.1 The applicant's submittal for a Building Permit, Electrical Permit, and Special Use Exception Permit must demonstrate compliance with the following standards under this section, in addition to the Special Use Exception Permit review standards under Section 29- 3.13(C)(3). (A) Public Safety. The proposed wind energy unit must be designed and operated to protect public safety by measures that may include, but are not limited to, the following: (1) The proposed wind energy unit must be designed, constructed, and operated so the public cannot come within close proximity to turbine blades and electrical equipment. (2) The proposed wind energy unit must be designed, sited, constructed, operated, and maintained to prevent the structural failure of the system or blades that could endanger the public's safety. (B) Other Properties. The wind energy unit may not adversely affect the uses of adjoining and adjacent properties. (C) State, Federal, Military, and Civil Requirements. The proposed wind energy unit has been designed, sited, and will operate in compliance with the regulations, codes, statutes, and laws of all Local Government, Military, State, and Federal agencies. SECTION 3. Section 29 -3.13, Corpus Christi Zoning Ordinance is revised to read as follows: 29 3.13 Wind energy systems arc applicable in any zoning dictrict providing the (2) The total system height of a wind energy system may not excccd a maximum height of one - hundred and ten (110) feet measured at the top of the blade. Wind Energy System Ordinance 10302009a —262— Page 19 of 22 at the base of the structure. measured at the closest property line. 29 -3.13 and neighboring properties. (9rdinance 027008, 09/26/06) Wind Energy Conversion Units. The review process for a Special Use Exception for a wind energy unit is as follows: (A) Concurrent Site Plan Submittal. 11) The application for a Special Use Exception for a wind energy unit must include a site plan as outlined under Section 27D -8.1. f 2) The Board of Adjustment may not approve, approve with conditions, or deny a Special Use Exception application until after the site plan has been reviewed by the City's Development Services Department. (B) Development Services Review. (1) The City's Development Services Department must review the application and, considering the review criteria under this article, make a recommendation to the Board of Adjustment. (2) The Assistant City Manager, Development Services or designee shall be responsible for making a recommendation in the event an agreement on a recommendation from the development review committee cannot be reached. Wind Energy System Ordinance 10302009a —263— Page 20 of 22 (C) Board of Adjustment Action. (1) The Board of Adjustment must take final action on the Special Use Exception for a wind energy unit within 45 days from the date the recommendation of the Director of Development Services is made. (2) In the event the Board of Adjustment fails to act within 45 days, the application for the Special Use Exception for a wind energy unit shall be deemed, in all things, denied. (3) Review Standards for a Wind Energy Unit Special Use Exception. In determining whether to approve, approve with conditions, or disapprove a Special Use Exception for a wind energy unit, the Board of Adjustment must consider and make a specific finding on each of the following criteria: (a) The use conforms in all respects to the regulations and standards found in the City's Zoning and Platting Ordinances. (b) The impact of the use on public infrastructure, such as roads, natural gas, water, storm water, and wastewater systems, and on public services, such as police and fire protection and solid waste collection, can be minimized without negatively impacting existing uses in the area and in the City. (c) The physical appearance, hours of operation, and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution, or otherwise detrimentally affect the residential character of the area or adjacent areas. (d) The use takes adequate measures to control or eliminate smoke, dust, gas, glare, hazardous materials, noise, or vibration caused by operations. (e) The use complements and is compatible with the surrounding uses and community facilities. (f) The use does not substantially affect adversely the uses of adjacent and neighboring property. (q) The use is not detrimental to the public's health, safety, or general welfare. Wind Energy System Ordinance 10302009a —264— Page 21 of 22 SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 7. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 10. This Ordinance shall take effect upon and after publication of this Ordinance. —265— Wind Energy System Ordinance 10302009a Page 22 of 22 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: 3rd day of November, 2009: R.aining First Assistant City Attorney For City Attorney —266— Wind FnArnv Svstem Ordinancp 10307009a 24 AGENDA MEMORANDUM AGENDA ITEM: November 10, 2009 a. Motion authorizing the City Manager, or his designee, to execute a Construction Agreement with The Preserve at Mustang Island, LLC, through its managing member, Forestar (USA) Real Estate Group, Inc., in the amount of $1,503,690.93 for the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line; b. Ordinance appropriating $1,101,999.38 from the Developer Participation Project in the No. 3546 Street 2009 CIP Fund to reimburse The Preserve at Mustang Island, LLC for the City's share of the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement; and declaring an emergency. c. Ordinance appropriating $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang Island, LLC for the installation of 529 linear feet of 8 -inch PVC sanitary sewer collection line and 1,537 linear feet of 10 -inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by the City, as specified in the Zahn Road Construction Agreement; and declaring an emergency. ISSUE: The development of the Packery Channel recreational area and Tortuga Dunes subdivision coupled with the draw to the Gulf Beach on the north side of Packery Channel will create traffic congestion and access issues on Zahn Road and State Highway 361, particularly during Spring Breaks, holidays, and also on weekends during the spring and summer months. The City desires to make improvements to Zahn Road to improve access, increase traffic capacity, to beautify Zahn Road, and to facilitate the approved master plan for the Packery Channel Development Area. Forestar has proposed a concept for the re- construction, and widening of Zahn Road and associated utility and drainage improvements, and desires to contribute to the project funding for the construction of these improvements, and wishes to accomplish the proposed improvements to Zahn Road on an expedited schedule, establishing a need to raise the priority for funding, planning, and constructing these road improvement and to implement this public works project. Based on the estimated construction cost of the road, utility, and drainage improvements, the City's participation will not exceed $1,503,690.93. RECOMMENDATION: tall recommends approval of the ordinances as presented. ,k,i/6/4 Juan Perales, Jr., P.E. Interim Assistant City Manager Development Services Department JohnnyP c(D.cctexas.com Office Phone: 826 -3828 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Layout of Proposed Improvements Developer's Cost Estimate Zahn Road Construction Agreement C:\ DOCUME- 1 \REBECCAH \LOCALS-1 \TEMPIHGEND MEMO -ZAHN ROAD.DOC -269- ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City Council of Corpus Christi adopted The Mustang -Padre Island Area Development Plan on April 20, 2004 and called for the formation of The Island Action Group to identify and recommend the highest priority projects for improvement of the Island. The Island Action Group of the City of Corpus Christi identified Packery Channel area recreational improvements as a key project that more than any other has the potential to "drive" future development of the Island. The Island Action Group identified a number of general and specific improvements necessary for the advancement of the Mustang -Padre Island Area Development Plan, including reducing traffic congestion, roads, improved beach access, landscaping, additional infrastructure, and the next phase of capital improvements to the Packery Channel Development Area. The City of Corpus Christi is constructing improvements to the Packery Channel Development Area that includes parking and interior roadways. Future improvements include bathroom facilities, a pavilion, and offices. Forestar, as managing partner of The Preserve at Mustang Island, LLC, is developing the Tortuga Dunes subdivision, a 44 -acre residential and commercial development that is adjacent to the Packery Channel Development Area. In addition to the subdivision improvements, the development is sponsoring the extension of the City's water and wastewater infrastructure to this previously un- served area while providing capacity for ultimate build -out of the development and the surrounding area identified in the City Wastewater Master Plan as Whitecap WWTP Service areas 11 and 12. The development of the Packery Channel recreational area and Tortuga Dunes subdivision coupled with the draw to the Gulf Beach on the north side of Packery Channel will create traffic congestion and access issues on Zahn Road and SH 361, particularly during Spring Breaks, holidays, and also on weekends during the spring and summer months. The City desires to make improvements to Zahn Road to improve access, increase traffic capacity and beautify Zahn Road and to facilitate the approved master plan for the Packery Channel Development Area. Forestar has proposed a concept for the re- construction and widening of Zahn Road, desires to contribute to the project funding for the construction of these improvements, and wishes to accomplish the proposed improvements to Zahn Road on an expedited schedule raising the priority for funding, planning, and constructing these road improvements and implementing this public works project. The owner's consultant, Naismith Engineering, has provided a cost estimate for the required infrastructure improvements (Exhibit D). EXHIBIT A H:IDEVELOPMENT SERVICESIPARTICIPATION AGREEMENT ZAHN RD. IMPROVEMENTS\AGENDA BACKGROUND - ZAHN ROAD.DOC -270- CORPUS CRl.3TI •Ar 0 4,000 8,000 16,000 W GRAPHIC SCALE IN FEET CORPUS CHR■S'ri aAr pus cHks NaismithEngineering,Inc ENGINEERING ENVIRONMENT/all SURVEYING 4501 GOLLIHAR ROAD CORPUS CHRISII, TEXAS 76411 PHONE: (361) 614 • 9900 MX: (361)014 • 4401 FOR PERMIT PURPOSES ONLY NOT FOR CONSTRUCTION OR WOOING CBY EXHIBIT B PROJECT LOCATION MAP ZAHN ROAD IMPROVEMENT CORPUS CHRISTI. TEXAS PROJM.Al. -271- VAL - • . , • • . .0.••••••--"."*.^ • • 50 100 200 4. • GRAPHIC SCALE IN FEET 1• ! . .—' --: , ' 14' ... ' . -; - - , ; , .?., -t ' ‘L....— --' " . '1. ' . . ' i: - •• - ' . I. . . • ZONED commeRcuit, - FIMIRF is DRAfes • R0114. POSSIBLE Ftrfurte.,,„_ ' 6 - -PROPEftlY UNE „ ACCESS DirtivE9 FUTURE comPaRckc. . • CIIAPINEL DEVE#QPMEAer AREA . , . ' . : • - • . • . . • - • • - • 4, • 4• . . , • • r • • , • , , • • " ' - 4ccessF.AsEmEntr • • !N SIDEWALK • ) 0 50 -100 200 GRAPHIC SCALE IN FEET TOR7kUGA DU VES I 'N+ t i _______-',..........._ • - T- 1 , ....,,...*:.....—A-- ,...- 910EWAL A i 1C( PAVEMENT ....+r .,, . - - : zAmN ROAD - „v...,,s, ki4RE riApttYCHAvEL 10 LIFT STATIcDN `4". ,' LIVELOPMENT ACCESS DRIVE 414 %J. rtiruRE commERcmc. Nook •'`‘,102 a ` 27 2'. -**vv" ZAHN ROAD 60 R.O.W. (EXISTING) 1— z cc co o< < x z 0 _ 1= I= 0 z ci) o °- cc 00 z< 0 cc 6 Engineers Estimated Project Costs Estimate #: E a E is October 19, 2009 Date of Estimate: NEI #: 8069 0 U Op .09 � 'ao 0o c Hoop E CN .v a U g 00 o ' ' 4:1 U �..M.Y TOTAL COST UNIT PRICE 7 DESCRIPTION Z m 0 0 0 6 0 0 6-0 0 0 0 0 0 0 6-0 0 C� 0- 0 000 000 000 00.0 0 000 WI0000In 00 O en 0 N 0 0 O N 0 0 O vO N vi S vi v1 O vi M[- \O 00‘.ON h.000 rOO O .- .•"+00 u ONONO N. 00 v� � O � O� - N D\ In 0 O � VD. 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M moo 'on 33¢¢a IA eu TO w 0 C4 0 .-.C4 n is �InVD 1`000,m 0.-:� ( ODD 0( .0N000�NNN E A. o E- 5 r� 7 3 L cn Q 00 a+ 0 0) LA Rf a C!� E iw iw October 19, 2009 Date of Estimate: NEI #: 8069 '1) z wwwwd <-‹ <tun00 ¢wd¢Q w ..�1 -4 r4 a47 44 44 4.1 w41 44 .4”4 44 •444 41 41 a L1. o00000O.00OO CD c) 0000O.O 0000000OOO CD CD O OOOOO O W �„•� O O O vi v) N O •-. v) M 00 .-. vi 00 00 M O ■0 O M N O M M F. M '' tC 0000000000 00 00000 O r4 6 6 vi6 6 o6 6 6 6 6 o 00000'0 O N M vl Th O O O O. 0 0 0 0 r O h O V'. V0- 0��[��Ov)0000 O vn hN0 vs NO— e. NOON vi O O e: -. F. ,O 69•-• 69 69 69 69 69N 64 M N 69 69 N 69 69 69 69 64 64 69 69 69 cnOv)00oo0000 00 00000 0 O N 0 0 0 0 0 0 0 0 0 O O O O O O O 0 h^ �r4 cnt4CCOGCCO O p OOCGO v) f 0 4..0 69 69 69 69 v) N N O O O O .O O O M O V'1 v1 r- O U 69 69 69 v) 09 0 O O. O V) 69 v e4 e4 69 a \ \ \ \ \ il 69 64 ,... M' N 69 69 69. (/� Z . nj r■ eV ti eV C 0 $933,912.50 N •d• N `0 N O O O O �p 00 ono000000000vi N N O [— O O O O pp 1/40 O ■0 O 10 0 0 O. 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N N n I M r- M M'- - VM• N N N N N N N M M M M M M •-• •-+ 3 —274-2 M TOTAL COST UNIT PRICE a z 0 0 0 000 vi o0\- Cl e. 44 69 oo• 0 00 ri r N ry 4 69 aaa - or o, — F F- E — CA CA i It Y C C'p'O E ci as cc) 66 8- 667 00000 44 Ct — N M 44 Estimate #: October 19, 2009 Date of Estimate: O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O p O 0 0 O O O 0 O O O O O O O O • OetVOOONONNhOOO o CA to Vl Vl CN v) 00 M M .--1 N V% VI N N 69 V N N M - 64 69 69 ee N 69 Vl T. 69 69 69 64 69 69 69 69 64 69 o o 00 00 00 0 0 00 0O o 0O 0O 0O 00 0O mm o ovi0000000000o c y <1- o0N et VD Cl 0000000.0 O. ee 69 64 — .-I 64 en N 00 h O O N O 64) 69 EA 69 (..4. ' vl Q\ ■O M N 00 O 69 69'69 69 ee 64.69 N co). 69 69 ay.1 O Co) O Fi O U aaaaa�wwwwwwwa11 E O O OHO O O O OHO O O O r 00 Q W, O OO.O.00000VOO1 C CN oo C: -. O 4 M Vl 4'1 V5 e M O O O [� ,. O .-+ Vl N . M N O ■�O 10 M N N .-. O N Oo 0 P. UU 6. 00A _ _ - M rrl f-. N O O 3 N -. 1 1 1 1 " O.. N o o 5 0" o., .— .—. 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M M M M M M M M en ' ' Ct y S. a+ o 4Ej —276 a CZ c U _ _ iAn F- -- -•� N -- 1 I 1 Estimate #: October 19, 2009 Date of Estimate: Professional Services TOTAL COST % CONSTRUCTION DESCRIPTION .--� �D �D 0 0 tt, 0 6� 0 0° 0 0 0 0 0 6 t'j 0° 0 0 0 0 0 0 0 to 49 er- .- .t-tt-000In 0000000000000 000000000 '0 O O O M O vl C ti, vi O O vi O 0 0 0 00 0 0 to O O 4 N 0 0 0 O O 00 v; h 1- vl D\ to N O— ••i• r- O vl E� o VD VO O O 00 O O o0 00 00 VD VD v1 41 O o O O c N ct N 69 N '.D 0 01' '°P 00 O N 00 M Qt Ch n M v1 N v1 0 ON., 0 to 0 M [ N 00 to 4D ...n \, VD M VD VD V) N o K •--i 00 M 69 b9 69 r„ 00 .-• O 00 Q\ M -. 69 .-. 00 .-. 00 fir; 69 N 69 69 69 ^. :- M N 00 in - 69 69 69 to r. - M M 69 69 6R 69 69 69 69 605 M 69 69 69 69 69 69 69 69 v0 61 EA' • to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y N0000000 Q0 O O p' Cd ° 4 0 0 'r v1 to 0 0 4 6 0 O fV M 0 0 0 0� n 69 O V1 l■ ^� N M M Efl 69 69 v1 V) 0 0 v) 0 •6 E 00 N ^-� 69 69 69 69 69 EA 69 69 °O 'r' 69 J CD to o h o 69 69 6H s96°O9 0 1n N n N ty L 0 y E �� u. 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I a OS COD .i' y E 8 a H 'C at cet F October 19, 2009 Date of Estimate: NEI #: 8069 S1,101,999.38 Pts w o� o� E G W � A v � w Qn col W $2,172,332.48 Total Estimate Project Costs ZAHN ROAD CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Zahn Road Construction Agreement (Agreement) is made and entered into by and between the City of Corpus Christi, Texas ( "City "), a Texas home rule municipality, and The Preserve at Mustang Island, LLC, a Delaware limited liability company, managed by Forestar (USA) Real Estate Group, Inc. ( "Forestar "), its managing member, collectively referred to in this Agreement as the "Parties," upon the premises and for the purposes set out in this Agreement, and is effective as stated in this Agreement. INTRODUCTION The City Council of the Corpus Christi adopted on November 14, 2000, Ordinance 024270 establishing Reinvestment Zone Number Two, a Board of Directors for the Zone, a tax increment base, and a tax increment fund to promote local economic development and to stimulate business and commercial activity in the City. The City Council of Corpus Christi adopted The Mustang -Padre Island Area Development Plan on April 20, 2004 and called for the formation of The Island Action Group to identify and recommend the highest priority projects for improvement of the Island. The Island Action Group of the City of Corpus Christi identified Packery Channel area recreational improvements as a key project that more than any other has the potential to "drive" future development of the Island. The Island Action Group identified a number of general and specific improvements necessary to the advancement of the Mustang - Padre Island Area Development Plan, including reducing traffic congestion, roads, improved beach access, landscaping, additional infrastructure, and the next phase of capital improvements to the Packery Channel Development Area. The City of Corpus Christi is constructing improvements to the Packery Channel Development Area that includes parking and interior roadways. Future improvements include bathroom facilities, a pavilion, and offices. Forestar is developing the Tortuga Dunes subdivision, a 44 -acre residential and commercial development within Reinvestment Zone Number Two that is adjacent to the Packery Channel Development Area. In addition to the subdivision improvements, Forestar is sponsoring the extension of the City's water and wastewater infrastructure to this previously un- served area including the Packery Channel Development Area. This will provide capacity for both the ultimate build -out of the Tortuga Dunes and for the current and future improvements in the surrounding areas, being those that are identified in the City Wastewater Master Plan as Whitecap WWTP Service areas 11 and 12 on both sides of Packery Channel Development Area WHEREAS, the development of the Packery Channel recreational area and Tortuga Dunes subdivision coupled with the draw to the Gulf Beach on the north side of Packery Channel is creating traffic congestion and access issues on Zahn Road and SH 361, Page 1 of 13 —279 - ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 particularly during Spring Breaks, holidays, and also on weekends during the spring and summer months. WHEREAS, the City desires to make improvements to Zahn Road to improve access, increase traffic capacity, and beautify Zahn Road, to facilitate the approved master plan for the Packery Channel Development Area, as depicted by Sheets 1 -6, Attachment No. 2, Packery Channel Public & Environmental Facilities, dated November 7, 2001. WHEREAS, Forestar has proposed a concept for the re- construction, including the widening of Zahn Road, desires to contribute to the project funding for the construction of these improvements, and wishes to accomplish the proposed improvements to Zahn Road on an expedited schedule, there is a need to raise the priority for funding, planning, and constructing these road improvement and implement this public works project. WHEREAS, the completion of the re- construction of Zahn Road is a public works project and a key piece of the plan envisioned and needed to make the Packery Channel Development Area the "Crown Jewel" for island tourism it was intended to be, and facilitates future Packery Channel recreational and commercial area development. NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the Parties agree as follows: 1. IMPROVEMENTS. Forestar and the City agree that the following public infrastructure improvements will be constructed: 1.1. Roadway & Drainage. The limits of the Roadway and Drainage improvements to Zahn Road are from SH 361 to a point just west of the 1,000 feet Dune Protection line as determined by David L Nesbitt, LSLS Survey, June 26, 2006. The proposed pavement layout is shown on Exhibit A. Typical cross - section diagrams of the proposed pavement are shown on Exhibit B. 1.2. Existing Utilities. The Existing Utilities: 8" water lines, water line fittings, fire hydrants and fittings, dual 24" storm sewer at SH 361, triple 42" storm sewer near the middle of Zahn Road, 6" gas line by the City of Corpus Christi Gas Department, 4" Sanitary Sewer Force Main, 6" Sanitary Sewer Force Main, Sanitary Sewer manholes, 8" Sanitary Sewer gravity line, 12" Sanitary Sewer gravity line, and American Electric Power — Texas electrical distribution system, will remain located in the present location. 1.3. Proposed Utilities. The Proposed Utilities: 8" Sanitary Sewer gravity line, 10" Sanitary Sewer gravity line, 12" Sanitary Sewer gravity line, Sanitary Sewer Manholes, Sanitary Sewer gravity appurtenances, 8" water line extensions to the Packery Channel Development Area, water system appurtenances, American Electric Power — Texas electrical distribution system, are allowed beneath the future pavement as shown on Exhibit C. Page 2 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline ti 82009_1 1.4. Utility Adjustment. The adjustment of the current location of the 4" Sanitary Sewer Force Main, 6" Sanitary Sewer Force Main, and manhole for appurtenances related to the force mains near SH 361 to a point approximately 1,000 feet east to place it with other existing and future utilities, as shown in Exhibit D. 1.5. Landscaping. The landscaping along Zahn Road is encouraged, especially areas of medians and entrances onto Zahn Road from SH 361, Packery Channel Development Area, Commercial areas, and Residential areas. 1.6. Project Costs. The estimated project costs, including design services and other soft costs are shown on Exhibit E. 1.7. If the proposed Right -of -Way for the Zahn Road Improvements requires the replatting of the existing land, the costs associated with the replatting will be borne by the City of Corpus Christi and the processing of the documents will be expedited. 1.8. The improvements generally described in this Section 1 "Improvements" and as supplemented, added to, or subtracted from by agreement of the parties, are called the "Zahn Road Improvements" in this Agreement. 2. FUNDING. 2.1. Forestar and the City will both contribute to the funding of the project according to the terms of this Agreement. 2.2. Forestar agrees to contribute in cash: the cost of the "Estimated Roadway, Utility Misc. Improvements" described on pages 3 and 4 of Exhibit "E" attached to this Agreement, The City shall contribute the costs of the "Zahn Road — Roadway Improvements" as defined on pages 1 and 2 of Exhibit "E" to this Agreement, and the costs of the "Zahn Road — Utility Improvements (trust fund reimbursement)" as shown on page 2 of Exhibit "E" to this Agreement. In the event that the bidding and approval process described in Section 6.1 of this Agreement results in a cost of the Zahn Road Improvements being less than the projected $2.172.332.48 then the difference between the projected amount of $2.172.332.48 and the bid cost shall be calculated and the savings shall be allocated 62% to City and a8% to Forestar and their respective obligations under this paragraph shall be reduced by such amounts. 2.2 The contributions of City and Forestar toward the costs of the Zahn Road Improvements shall be funded as follows: 2.2.1. Forestar's engineers shall review, and if proper approve each draw request from the contractor(s), subject to review and approval by the Citv's ins lectors. The engineers shall also allocate to the correct line item shown on Exhibit "E" the billing for progress on each item. Page 33of13 ZAHN ROAD CONSTRUCTION AGREEMENT — Brian redline rjr?AT2009_1 2.2.2. Forestar shall initially pay and the City shall reimburse to Forestar the part of each draw request so allocated to the Zahn Road — Roadway Improvements and the Zahn Road — Utility Improvements (trust fund reimbursement) categories, and Forestar shall pay the part of each draw request so allocated to the categories for which it is to pay as set out in section 2.2 above. Each party shall make its payments as provided in this section 2.2.2 as promptly as reasonably possible but not later than 60 days after the draw request approved by the engineer and allocated as set out above is delivered to the party to make payment. 2.2.3. The City warrants that there is in its No. 3546 Street 2009 CIP Fund sufficient money to pay the amount anticipated for the Zahn Road - Roadway Improvements costs and the City agrees not to make other commitments for such fund or payments from such fund which would result in the fund not having sufficient funds to pay on a monthly basis the costs allocated to the Zahn Road - Roadway Improvements. The City warrants that there is in its No. 4220 Sanitary Sewer Collection Line Trust Fund the amount of at least 297 583.12 and the City agrees reimburse Forestar for the balance due for the Zahn Road — Utility Improvements (trust fund reimbursement) as additional funds become available in the Trust Fund. and the City will not to make payments from or make other commitments for payments from the Fund until funds have been encumbered in the Fund to ensure that Forestar has been reimbursed for the Zahn Road — Utility Improvements. AfgFeeniept 2.2.4. This Agreement constitutes the approval by the City of the use of funds in the No. 4220 Sanitary Sewer Collection Line Trust Fund and the No. 3546 Street 2009 CIP Fund as described above, and no further application for approval of such funds or processing of any application is required in order for the City to pay costs of Zahn Road Improvements from such funds as provided herein. 3. PROJECT ADMINISTRATION. Forestar shall administer the project, on behalf of the City, undertaking planning, design, bidding and construction. Project construction, inspections, approval, and acceptance will be done through normal City processes. Forestar shall begin this process within 30 days of approval of this Agreement. City shall provide expedited coordination, reviews, comments, and approval process during planning and design of its infrastructure project. 4. CONSTRUCTION OF THE IMPROVEMENTS. 4.1 Construction may not begin until the City has reviewed and approved the plans for construction of the Improvements and both Forestar and City have agreed on the appropriate contractor and the reasonable contract price for the Zahn Road Improvements. The intermediate closure of Zahn Road between SH 361 and the Public Beach to facilitate the construction of the Zahn Road Improvements shall be done in a timely manner during the periods of the Tuesday after Labor Day to the Wednesday before the Educational Spring Break in March and from the Monday after the Page 4 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT — Brian redline rjrr 0$ 2?2009_1 Educational Spring Break in March to the Thursday before Memorial Day. Access to the Packery Channel Development Area Boat Ramp area shall be allowed from Friday thru Sunday and whenever feasible from Monday thru Thursday. Days on which the contractor may not close Zahn Road to construct or install the Zahn Road Improvements due to the provisions of this section shall not be counted as "working days" in determining Forestar's compliance with the provisions of this Agreement. 4.2 This Agreement ' authorizes Forestar to design and install landscaping and irrigation improvements within and along the right of way of Zahn Road (including the medians and entrances) at its expense, and such expense is not a part of the expenses of the project which are to be shared as provided for in this Agreement. Prior to installing any such landscaping or irrigation improvements, Forestar shall submit plans therefore to the City which shall review such plans. City shall not unreasonably withhold or delay approval of such plans. Upon approval of such plans by City, Forestar may install the improvements so approved. Maintenance of landscaped areas is the responsibility of the owner or licensee of the areas, or their designated representatives. Forestay or its designated representative for the Tortuga Dunes development shall, upon request by City, execute with City an appropriate license (now called a "Use Privilege Agreement ") for the use of City right of way for the installation of the landscape and irrigation improvements. 5. TERMS AND CONDITIONS OF THIS AGREEMENT. The following general terms and conditions shall apply to this Agreement: 5.1. Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the objectives of this Agreement, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and Forestar, as provided for in Section 5.2 below. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 5.2. Amendment by Agreement. This Agreement may be amended at any time by mutual written consent of the City and Forestar, or its successors or permitted assigns. 5.3. Assignment. This Agreement and the rights of Forestar may be assigned to any subsequent owner of the project known as "Preserve at Mustang Island, Units 1 and 2 or more commonly as "Tortuga Dunes", subject to the prior written consent of the City, which consent will not be unreasonably withheld, delayed, or conditioned. Any assignment will be in writing, will specifically set forth the assigned rights and obligations, and will be executed by the proposed assignee. 5.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of further documents as may be reasonably required. 5.5. Notice. Page 5 $3 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 5.5.1. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. 5.5.2. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 (361) 826 -3220 With Required Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 (361) 826 -3360 Forestar: The Preserve at Mustang Island, LLC c/o Forestar (USA) Real Estate Group, LLC Attention: Darlene Louk 1300 S. MoPac Expressway Austin, Texas 78746 (512) 433 -5235 With Required Copy to: Forestar (USA) Real Estate Group, LLC Brian Rider, Senior Counsel 6300 Bee Cave Road, Building Two, Suite 500 Austin, Texas 78746 (512) 433 -5248 5.5.3. The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. Forestar may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Page 6 of 13 —284 - ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 5.6. Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement, which is legal, valid, and enforceable, and is as similar in terms to the illegal, invalid, or enforceable provision, as is possible. Each of the rights and obligations of the Parties to this Agreement are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of the provision or of any other provision, and the party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. 5.7. Applicable Law and Venue. The laws of the State of Texas, except conflict of laws, govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. 5.8. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. 5.9. Exhibits, Headings, Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits to this Agreement. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement becomes effective only when one or more counterparts bear the signatures of all the Parties. 5.10. Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. Forestar certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws. 5.11. Relationship of Parties. In performing this Agreement, both the City and Forestar 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. Page 78of 13 ZAHN ROAD CONSTRUCTION AGREEMENT — Brian redline rjr 10272009_1 5.12. Survival of Terms. All representations, warranties, covenants, and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated by this Agreement, will survive the original execution date of this Agreement. 5.13. Proportionality. Forestar agrees that the public improvements contemplated to be made by or at the expense of Forestar are roughly proportional to the public Improvements under Section 212.904, Texas Local Government Code. 5.14. Conflict with provisions of City ordinances and codes. Should any term or provision of this Development Agreement conflict with any term, provision, rule, or regulation of any City ordinance or code, then to the extent of the conflict only, the terms of this Agreement shall control. In all other respects and applications, the City's ordinances and codes shall apply to this development. 5.15. Other regulatory requirements. Forestar, as its obligation and at its expense, shall comply with all other regulations and regulatory requirements that apply to the project. 6. DEVELOPER DESIGN AND AWARD OF CONTRACT FOR IMPROVEMENTS. TERMINATION FOR LACK OF AGREEMENT. 6.1. Forestar will select an Engineer and Landscape Architects or other professionals appropriately skilled to design the Zahn Road Improvements. Forestar shall submit the plans to the City for its review. Once Forestar and City have reached agreement on the plans for the Zahn Road Improvements, that approval shall be documented and Forestar shall take bids for the work under the requirements of the City of Corpus Christi. Forestar shall, upon approval of the contractor and the contract amount by both Forestar and the City, award a contract and complete the Zahn Road Improvements, under the approved plans and specifications, no later than 180 working days after the date of approval of the plans and the contractor and construction price by Forestar and the City of Corpus Christi (subject to extension for force majeure delays). 6.2. In the event that Forestar and the City do not reach agreement on plans and specifications for the Zahn Road Improvements on or before thirty (30) days after the Effective Date hereof, or in the event that Forestar and City do not reach agreement on the identity of the contractor for the work and the contract price on or before sixty (60) days after the Effective Date hereof without regard to how any the failure to agree comes about or which party did not agree, then thereafter until the agreements are reached and documented, if ever, either party may terminate this Agreement by sending written notice of termination to the other, and thereafter, neither party shall have any obligation or liability to the other arising from this Agreement or the effort to design and construct the Zahn Road Improvements and each party shall absorb its own costs related thereto. 7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. Page 8 of 13 286 - ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 8. DEFAULT. 8.1. The following events constitute default: 8.1.1. Forestar fails to award a contract for the construction of the Zahn Road Improvements, under the approved plans and specifications and approved contractor and contract price, by the 30th calendar day after the date of approval of the plans and contractor and contract price by the City. 8.1.2. Forestar's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 8.1.3. Forestar's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 300 working days after receiving notice to proceed (subject to extension for force majeure delays). 8.1.4. City fails after notice and opportunity to cure, to perform its obligations under this Agreement. 8.2. In the event of default, either party to this Agreement has all its common law remedies in addition to the following: 8.2.1. Cancellation of this agreement after notice and opportunity to cure as provided herein. 9. THIRD -PARTY BENEFICIARY. Forestar's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 10. PERFORMANCE AND PAYMENT BONDS. Forestar shall require its contractor for the construction of the project, before beginning the work, to execute to Forestar and the City a payment bond and a performance bond. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this agreement. The performance and payment bond must name Forestar and City as joint obligees. 11. NOTICE AND CURE. 11.1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the addresses set out 5.5. above. 11.2. Should either party fail to perform any obligation or duty of this agreement, the other shall give written notice to the defaulting party, at the address stated in 5.5. above, of the need to perform the obligation or duty, and should the defaulting party commence to perform the obligation or duty within 25 days after receipt of the notice, and continue the performance with diligence, then no event of default may be deemed to have occurred. Page 8713 ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 11.3. But if a party fails to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the other party may perform the obligation or duty, charging the cost of the performance to the defaulting party, which the defaulting party shall pay as set out in 11.4. below. 11.4. In the alternative, in the event of a party's failure to cure or commence to cure any the breach within 25 days after receipt by the defaulting party of a second notice in writing from the other party of the need to perform the obligation or duty, the other party (that is the non - defaulting party) may terminate this agreement. 11.5. If one party has performed an obligation or duty of the other, then the defaulting party shall pay to the other party the cost of the performance within 30 days from the date the defaulting party receives written notice and substantiation of the cost to the non- defaulting party of the performance. 11.6. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 11.7. The dates for completion of the Zahn Road Improvements may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Forestar (but not financial inability). These causes of delays are called "force majeure ". 12. WARRANTY. Forestar shall have contractor execute a warranty of the workmanship of the Zahn Road Improvements for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. 13. REIMBURSEMENT 13.1. The City will reimburse to Forestar all of the costs (hard costs and soft costs, but without any development or construction supervision fee to Forestar) of the Zahn Road Improvements, in the categories of Zahn Road - Roadway Improvements and Zahn Road — Utility Improvements as identified on pages 1 and 2 of Exhibit "E" to this Agreement, including in the calculation of the costs, but not limited to the following items: The payments to a contractor for the construction and installation of the Zahn Road Improvements, costs of permits and inspection fees, costs of design and construction inspection, and the costs of environmental permitting.. The costs to be reimbursed are of the kinds described on "Engineers Estimated Project Costs - Exhibit E" prepared by Naismith Engineering, Inc., and attached to this Agreement. 13.2. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld, or conditioned. Page 10 of 13 102 ZAHN ROAD CONSTRUCTION AGREEMENT — Brian redline 3 72009_1 14. 14. INDEMNIFICATION. Forestar shall indemnify and hold harmless the City, its agents, officers, and employees (Indemniteesr) from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Zahn Road Improvements. , 15. DISCLOSURE OF OWNERSHIP INTEREST. Forestar further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit "C ". 16. MISCELLANEOUS. City agrees to use its best efforts to expedite the inspection and acceptance of the Zahn Road Lift Station and Force Mains,. which are the subject of a The Preserve at Mustan• Island Development Agreement and Construction and Reimbursement A• reement Tortu • a Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements between Forestar and the City, as amended. 17. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Forestar, and their respective heirs, successors, and assigns from and after the date of execution. The undersigned Parties have executed this Agreement in duplicate on the dates indicated below. ATTEST: THE CITY OF CORPUS CHRISTI By: Date: APPROVED: day of September, 2009 Page ZBgf 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rjr 10272009_1 Armando Chapa City Secretary 'Angel R. Escobar City Manager R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public State of Texas Page 129 QQof 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- Brian redline rj?10272009_1 THE PRESERVE AT MUSTANG ISLAND, LLC a Delaware limited liability company By: Forestar (USA) Real Estate Group Inc., Its Manager By: Date: Name Title THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on , 2009, by Name, Title, Forestar (USA) Real Estate Group Inc., as Manager, for The Preserve at Mustang Island, LLC, a Delaware limited liability corporation. Notary Public State of Texas Page 1)5,f13 ZAHN ROAD CONSTRUCTION AGREEMENT — Brian redline rjr 10272009_1 Page 1 of 2 ORDINANCE APPROPRIATING $1,101,999.38 FROM THE NO. 3546 DEVELOPER PARTICIPATION FUND TO REIMBURSE THE PRESERVE AT MUSTANG ISLAND, LLC, FOR THE CITY'S SHARE OF THE RECONSTRUCTION AND WIDENING OF ZAHN ROAD, AND ASSOCIATED WATER, DRAINAGE, AND LANDSCAPING IMPROVEMENTS FROM STATE HIGHWAY 361, EAST TO A POINT APPROXIMATELY 1,000 FEET LANDWARD FROM THE GULF BEACH VEGETATION LINE, AS SPECIFIED IN THE ZAHN ROAD CONSTRUCTION AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,101,999.38 from the No. 3546 Developer Participation Fund to reimburse The Preserve at Mustang Island, LLC, for the City's share of the reconstruction and widening of Zahn Road, and associated water, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement. 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 on this the day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 5, 2009 R. Jay Reining First Assistant City Attorney For City Attorney Zahn Road Developer Participation appropord 10022009 Joe Adame Mayor —292— Page 2 of 2 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Zahn Road Developer Participation appropord 10022009 —293— Page 1 of 2 ORDINANCE APPROPRIATING $401,691.55 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE PRESERVE AT MUSTANG ISLAND, LLC, FOR THE INSTALLATION OF 529 LINEAR FEET OF 8 -INCH PVC SANITARY SEWER COLLECTION LINE AND 1,537 LINEAR FEET OF 10 -INCH PVC SANITARY SEWER COLLECTION LINE REQUIRED FOR FUTURE DEVELOPMENT OF GENERAL LAND OFFICE PROPERTY UNDER LEASE BY THE CITY, AS SPECIFIED IN THE ZAHN ROAD CONSTRUCTION AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang Island, LLC, for the installation of 529 linear feet of 8 -inch PVC sanitary sewer collection line and 1,537 linear feet of 10 -inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by the City, as specified in the Zahn Road Construction Agreement. 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 on this the day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 5, 2009 R. Jay Reining First Assistant City Attorney For City Attorney Zahn Road SS appropord 10022009 Joe Adame Mayor —294— Page 2 of 2 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. 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L ca N te-' �O a X cn . o 'c oM ° • iv 0 cn - = °o . — ID cn fp .16 L 4: (r L 1 H _o o N N N Ln N 0 •.--, 0_ Q O N ECD C fa L c ! CD 03 Oa CD I) � 0 _ 0 0 C = • -1-) o a,O °e eL co -1-) 4,01- o_m °I -04-'c Mb a) N o c 03 73 E w ) C CD Cf 0 U U U Q a o u a' o U c3 C U 0 a-) 0 N 49 0 J ICU cn 41 U O (3) O u) ca P c •E 'al a - co •E 0 o 0 "61_ O 'E N LE c O 1— O 0_ ca o (l) z 0 H V) uJ CY CD 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health & Risk Management Claims Report - Report for 4th Quarter Period Ending July 31, 2009/ GASB 45 Update STAFF PRESENTER(S): Name Title /Position Department 1. Cynthia Garcia Director Human Resources 2. Oscar Martinez Assistant City Manager Public Works & Utilities 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. 3. BACKGROUND: Staff has been making quarterly presentations to the Council for a number of years so that the Council can make adjustments to the Budget as needed and informed decisions regarding insurance premiums. REQUIRED COUNCIL ACTION: n/a PowerPoint Supplemental Information 0 Cynthia Garcia Director of Human Resources cynthiag@cctexas.com 361- 826 -3315 t epart ent 1 esources Health and Risk Management Claims Report Report for 4th Quarter eri d E Et ding July 31, 2009 -334- Table of Contents Risk Fund Health Plan Update 3 Workers' Compensation .9 General Liabilities .14 2 —335— Health Plans This report will provide an overview of the City's Self Insured Health Plans, Citicare (Civilian), Citicare Alternate (Civilian), Citicare Fire and Citicare Public Safety expense activities through the end of fiscal year 2009 with some comparisons to fiscal years 2007 and 2008. Citicare Alternate Choice plan was offered to Civilian employees for the first time in FY2009. This plan replaced the Basic plan which provided catastrophic coverage for dependents of Civilian employees. In other words, an employee could enroll in the Citicare plan for employee only coverage and enroll their dependents in the Basic plan. The employee could not enroll in the Basic plan. Employees and dependents were confused by the differing plan provisions between the Citicare and Basic plan. Therefore, the Basic plan was replaced by the Citicare Alternate plan which provides for enrollment of employee only and employee and dependents. The City no longer provides separate plan coverage for dependents only. The coverage is identical for Citicare and Alternate Choice, the new basic plan. The intent of the Alternate Choice plan is to provide a less costly premium alternative plan. Providing a less costly premium alternative resulted in a plan that provides comprehensive coverage at a higher copayment, deductible and coinsurance level. Although the financial performance of the plan was positive for the year, the overall experience in the Alternate Choice plan is insufficient to determine its effectiveness until more time has passed. Health Plans As of the end of FY09, there were an average of 1,917 active employees enrolled in Citicare, 58 in Citicare Alternate, 383 in Citicare Fire, and 452 enrolled in Citicare Public Safety. As Graph H -1 shows in true numbers, the ratio of employees to dependents insured under Citicare is almost 1:1, whereas the ratio for Fire & Public Safety plans is almost 2:1. This was the first year the Citicare Alternate Plan was offered. 2,500 2,000 1,500 1,000 500 Graph 11-1 FY 2009 Average Enrollment by Plan for Active Employees and Dependents -336- 3 As shown by Graph H -2, at the end of FY09 there were an average of 322 Retirees (14 %) enrolled in Citicare compared to 1,917 active employees, 111 Retirees (23 %) in Citicare Fire compared to 383 active employees, 132 Retirees (23 %) enrolled in Citicare Public Safety compared to 452 active employees. The Citicare Alternate plan is not offered to retirees at this time. 2,500 2,000 1,500 1,000 500 FY 2009 Average Enrollment by Plan for Active Employees and Retirees Graph H -2 Public Safety 132 Graph H -3 on the following page, shows medical, stop loss and pharmacy expenses paid for all plans combined through the end of FY09. As illustrated in these graphs, the overall costs for all plans in FY09 increased 7% in claims expense paid compared to FY08. Pharmacy expenses have steadily increased each year; 17% from FY07 to FY08, and 11% from FY08 to FY09. 4 -337- $20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 Graph H -3 Total Medical & Pharmacy Expenses Paid All Plans as of July 31 FY07 FY08 FY09 • Medical • RX The following graphs H -4 & H -5 show the amount paid for medical & pharmacy expenses per health plan for Active employees (including Cobra participants) as compared to Retiree expenses. Graph H -4 shows that 16% of the Citicare plan's total medical expenses paid are for Retirees, 29% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 39% of total medical expenses paid are for Retirees. Graph H -5 shows that 30% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 50% of total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 39% of total pharmacy expenses paid are for Retirees. Stop Loss Activity Plan Year: 2008 -2009 There were seven stop loss cases as of the end of FY2009. There were nine stop loss cases at the end of FY2008. -338- 5 Graph H -4 FY09 Total Medical Expenses by Subscriber Type Period Ended July 31 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- • Employee & Cobra $10,103,614 $2,300,622 $2,174,708 $14,578,944 ❑ Retiree $1,906,089 $954,405 $1,366,892 $4,227,386 FY09 Total Pharmacy Expenses by Subscriber Type Period Ended July 31 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Graph H -5 Citicare Fire Public Safety Totals • Employee & Cobra $1,705,765 $630,616 $730,487 $3,066,868 ❑ Retiree $729,431 $626,986 $463,593 $1,820,010 6 -339- Graph H -6 and Table H -1, displayed below, show average monthly cost per member for medical and pharmacy expenses combined, broken down by active employees vs. retirees. Comparison of Average Monthly Cost Per Employee (Active vs. Retirees) of Total Medical and Pharmacy Plan Expenses Average Cost Per Active Member $635.31 , 38% o Citicare • Fire ❑ Public Safety Graph H -6 Average Cost per Retiree o Citicare is Fire o Public Safety $1,182.79 , 39% Table H -1 —340— 7 Citicare Fire Public Safety Medical Pharmacy Total Av Medical Pharmacy Total Ay, Medical Pharmacy Total Av . Active 431.54 73.66 _ 505.20 498.36 136.95 635.31 400.79 134.59 535.38 Retiree 493.04 188.68 681.72 713.84 468.95 1182.79 862.94 292.67 1155.61 —340— 7 Health Plan Expenses Table H -2 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums. Table H -2 Health Plan Actual Expenses (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY09 Total Citicare $ 12,009,702 $ 2,435,196 $ 1,743,597 $ 16,188,495 Citicare Fire $ 3,255,027 $ 1,257,602 $ 391,445 $ 4,904,075 Citicare Public Safety $ 3,541,601 $ 1,194,079 $ 467,194 $ 5,202,873 Citicare Alternate $ 96,387 $ 14,075 $ 44,912 $ 155,375 Total: $ 18,902,718 $ 4,900,952 $ 2,647,149 $ 26,450,818 Table H -3 below shows the revenues and expenses for FY09, and the net balance by plan for the year. Citicare and Fire expenses exceeded revenues collected from premiums and stop loss reimbursements, while Public Safety's revenues exceeded their expenses for the year. Table H -3 Expenses Citicare Fire Public Safety Humana Claims $(14,444,898) $(4,512,630) $ (4,735,679) TPA Fees $ (806,939) $ (182,360) $ (217,648) Stop Loss Premiums $ (925,201) $ (209,086) $ (249,546) CVB TPA Fees $ (5,338) $ - $ - CVB Stop Loss Premiums $ (6,120) $ - $ - Total: $(16,188,495) $(4,904,075) $ (5,202,873) Revenues Active $ 2,861,049 $ 1,338,940 $ 1,183,336 Retired $ 1,467,946 $ 659,422 $ 793,831 Cobra $ 46,921 $ 3,011 $ 1,616 Grants Contribution $ 448,495 $ - $ - City Contribution $ 9,216,060 $ 2,004,396 $ 3,361,092 Council Contribution $ 7,310 $ - $ - CVB Contribution $ 61,214 $ - $ - Stop Loss Reimbursements $ 681,668 $ 239,062 $ 472,983 Total: $ 14,790,663 $ 4,244,831 $ 5,812,858 Net Balance: $ (1,397,832) $ (659,244) $ 609,984 —341— 8 Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred through the fourth quarter of fiscal year 2009. Workers' Compensation The total number of claims filed for Workers Compensation has increased 0.2% during FY09, compared to the number of claims filed in FY08. As illustrated by Graph WC -1 shown below and Table WC -1 shown on the next page, the Fire, Police, and Wastewater departments show decreases in the number of claims filed, however the Solid Waste department increased 26.7 %, Water increased 23.3 %, Streets increased 16.7% and Gas increased 13.5 %. The number of Police claims decreased from 248 to 208, down by 16.1 %; Fire had 124 claims in FY2008 and 108 in FY2009, down by 12.9 %. The number of claims filed by the Wastewater department decreased 11.8 %, the Parks department increased 1.2 %, and the Storm Water department increased 5% in FY09 compared to FY08. All other departments had insignificant increases /decreases. 1,000 900 800 700 600 500 400 300 200 Year -To -Date Claims Count Comparison (Period Ending July 31) 100 0 FY07 FY08 —342— FY09 Graph WC -1 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police 9 Table WC -1 Cumulative 4`" Quarter Comparison Claim Counts Department FY07 FY08 FY09 % Change FY08 -FY09 Police 247 248 208 -16.1% Streets 23 36 42 16.7% Wastewater 59 68 60 -11.8% Solid Waste 115 101 128 26.7% Water 39 43 53 23.3% Storm Water 14 20 21 5.0% Gas 35 37 42 13.5% Fire 113 124 108 -12.9% Park & Recreation 71 86 87 1.2% All Other 175 172 188 9.3% Total: 891 935 937 0.2% Incurred costs increased in FY09 vs. FY08 due to a large Police department claim that was filed in March 2009, going from $1,643,970 in FY08 to $2,807,932 in FY09, up 70.8% as shown by Graph WC -2 and Table WC -2. If we remove the large claim from the equation, incurred costs City wide have actually decreased by 0.7 %. With the large claim, incurred costs for Police increased 252.6 %, however excluding the large claim, Police incurred costs actually decreased 32 %. Storm Water had the largest increase (1056 %) while Wastewater had the largest decrease (82.7 %) in incurred costs. Incurred costs also increased in Solid Waste (168 %), Streets (40.6 %), Gas (47 %) and Fire (35.9 %). Incurred costs decreased in Parks (54.3 %) and Water (47.3 %). $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 $- Year -To -Date Incurred Cost Comparison (Period Ending July 31) FY07 FY08 -343- FY09 Graph WC -2 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police 10 Cumulative 4`" Quarter Comparison Table WC -2 Incurred Costs Department FY07 FY08 FY09 % Change FY08 to FY09 Police $ 388,228.05 $ 412,591.10 $1,454,740.64 252.6% Streets $ 120,963.85 $ 83,578.77 $ 117,501.23 40.6% Wastewater $ 101,875.45 $ 186,638.81 $ 32,329.49 -82.7% Solid Waste $ 234,699.12 $ 112,914.33 $ 302,734.64 168.1% Water $ 86,267.06 $ 93,178.78 $ 49,070.01 -47.3% Storm Water $ 17,750.13 $ 16,566.56 $ 191,544.68 1056.2% Gas $ 26,003.12 $ 40,719.22 $ 59,877.08 47.0% Fire $ 141,031.25 $ 152,023.84 $ 206,656.18 35.9% Park & Recreation $ 156,242.94 $ 220,304.02 $ 100,648.07 -54.3% MI Other $ 245,681.94 $ 325,454.36 $ 292,830.02 - 10.0% Total: $1,518,742.91 $1,643,969.79 $2,807,932.04 70.8% Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our incurred cost for FY09 was $2,807,932; paid cost totaled $955,667. Excluding the large Police department claim, incurred costs were $1,632,216 in FY09; a decrease of 0.7% from FY08. $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 $- Graph WC -3 Incurred Costs vs. Paid Costs (Period Ending July 31) FY07 FY08 o Incurred Costs ® Paid Costs -344- FY09 11 Graph WC -4, represents dollars paid during FY2009 for claims filed in previous years. The total is $1,541,815, of which 62% were payments on claims filed in FY08. $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Graph WC -4 Dollars Paid in Current Year for Prior Years' Claims Prior to FY05 FY05 FY06 FY07 FY08 Graph WC -5 shown next provides claims count data by the type of accident occurring during each of the recent fiscal years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year and are two of the most common types of accident the City incurs. Graph WC -5 1,000 900 800 700 600 500 400 300 200 100 0 Year -To -Date Claims Count by Type of Accident (Period Ending July 31) FY07 FY08 -345- FY09 All Other ❑ Struck /Injured • Striking Against/Stepping On • Strain/Injury ❑ Police Apprehension a Motor Vehicle o Foreign Body in Eye • Falls /Slips ❑ Cuts /Scrapes ❑ Caught Between • Bums /Scalds o Animal /Insect Bite 12 Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types. 1,000 900 800 700 600 500 400 300 200 100 0 Year -To -Date Claims Count by Type of Injury (Period Ending July 31) FY07 FY08 FY09 Graph WC -6 o All Other Injuries Strain is Sprain o Puncture • Glasses /Contacts /Artificial o Multiple Physical Injuries • Laceration o Inflamation ❑ Foreign Body is Contusion (bruise) D Burn Table WC -3 shows that the type of injury that has increased the most in FY09 is Inflammation, up 102.3 %, followed by Glasses /Contacts /Artificial, up 100 %. Overall, the total number of injuries has increased 0.2% from FY08 to FY09. Year -To -Date Claims Count (Period Ended Aoril by Type of Injury 30) Claim Type FY07 FY08 FY09 % Change FY08 to FY09 Burn 6 14 17 21.4% Contusion (bruise) 152 167 183 9.6% Foreign Body 32 24 36 50.0% Inflammation 39 43 87 102.3% Laceration 105 110 122 10.9% Multiple Physical Injuries 22 14 24 71.4% Glasses /Contacts /Artificial 0 1 2 100.0% Puncture 47 58 46 -20.7% Sprain 73 86 69 -19.8% Strain 202 228 283 24.1% All Other Injuries 213 190 68 -64.2% Total: 891 935 937 0.2% -346- Table WC -3 13 General Liabilities General Liability claims and lawsuits filed in FY09, compared to FY08, increased by 3.9 %, from 727 to 756, as shown in Graph GL -1 and Table GL -1. The largest increases were in Storm Water (33.3 %) and Streets (43.2 %), and the largest decreases were in Gas (28.5 %) and Wastewater (25.2 %). Of all claims filed in the first nine months of FY09, 5% are lawsuits as shown in Graph GL -1A. Liability Claims Count by Department Period Ended July 31 MIENS FY07 FY08 FY09 Graph GL -1 • All Other • Park & Recreation ❑ Fire • Gas Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police Table GL -1 General Liability Claims Count By Department (Period Ended July 31) Department FY07 FY08 FY09 % Change FY08 to FY09 Police 155 148 159 7.43% Streets 112 67 96 43.28% Wastewater 87 95 71 - 25.26% Solid Waste 67 72 65 -9.72% Water 54 88 78 - 11.36% Storm Water 44 36 48 33.33% Gas 34 49 35 - 28.57% Fire 33 33 33 0.00% Park & Recreation 42 46 36 - 21.74% All Other 81 93 135 45.16% Total: 709 727 756 3.99% -347- Graph GL -1A 14 As shown below in Graph and Table GL -2, overall incurred costs increased 122.75% in FY09 as compared to FY08. Incurred cost for Police claims continue as the largest of all departments, with a 144.2% increase. Currently, there are eight excessive force claims & lawsuits, each incurring $100,000 or more each, causing the high increase in overall incurred costs. The Water dept. had an increase of 2522% due to one large claim, however without that claim they increased 19 %. We also saw increases in Fire (208.6 %), Solid Waste (14.7 %), and Park & Recreation (45.9 %). There were decreases in Streets (69.8 %) and Storm Water (53.8 %). Graph GL -2 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 General Liability Incurred Costs by Department Period Ended July 31 FY07 FY08 FY09 • All Other ■ Park & Recreation ❑ Fire • Gas ❑ Storm Water • Water ❑ Solid Waste ❑ Wastewater ■ Streets o Police Table GL -2 General Liability Incurred Costs By Department Period Ended July 31 Department FY07 FY08 FY09 % Change FY08 to FY09 Police $ 593,795 $ 580,126 $ 1,417,050 144.27% Streets $ 35,976 $ 43,631 $ 13,173 - 69.81% Wastewater $ 141,530 $ 21,466 $ 23,841 11.06% Solid Waste $ 43,448 $ 78,928 $ 90,539 14.71% Water $ 41,001 $ 20,176 $ 529,015 2522.05% Storm Water $ 5,844 $ 39,672 $ 18,330 - 53.80% Gas $ 6,285 $ 22,812 $ 25,540 11.96% Fire $ 7,111 $ 12,809 $ 39,538 208.68% Parks $ 18,639 $ 29,294 $ 42,760 45.97% All Other $ 145,331 $ 183,748 $ 100,439 - 45.34% Total: $ 1,038,959 $ 1,032,661 $ 2,300,224 122.75% -348- 15 As shown in Graph GL -3 below, the percent of incurred costs actually paid out was 45% in FY07, 69% in FY08 and 35% in FY09. The total number of claims from FY08 to FY09 increased 3.9 %, the total incurred costs increased 122.7 %, and the paid costs increased 13.8 %. $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Incurred Costs vs. Paid Costs Period Ended July 31 Graph GL -3 FY07 FY08 o Incurred Costs • Paid Costs FY09 As shown in Graphs GL -2A and GL -3A, the majority of our incurred costs are from lawsuits, however the ratio of paid costs for lawsuits vs. claims is almost 50 -50. Graph GL -2A Graph GL -3A -349- 16 General Liability Claims Types The following Graph GL -4 and Table GL -3 show claim counts by type of claim for General Liability claims. Damage to vehicles and other property damage claims are the most frequent type of claims filed. Personal injury claims and water damage claims are the next most common. The claim types with the largest increases from FY08 to FY09 are Property Damage (28 %) and Policies/Practices /Contracts claims (9 %). Graph GL -4 General Liability Claim Types Period Ended July 31 FY07 FY08 FY09 • All Other ❑ Fire m Employment in Policies /Practices /Contract • Personal Injury ❑ Police ❑ Water/Waste Damage m Property Damage o Vehicle Damage The property damage category includes damage caused by incidents such as utility cable damage, general property damage, and refuse truck damage. The Policies/Practices /Contracts category includes claims related to Zoning Issues, Contract Breaches and Taxation issues. Table GL -3 General Liability Claim Types (Period Ended July 31) Claim Type FY07 FY08 FY09 % Change FY08 to FY09 Vehicle Damage 365 366 335 - 8.47% Property Damage 228 206 264 28.16% Water/Waste Damage 44 46 45 -2.17% Police 11 22 23 4.55% Personal Injury 42 45 48 6.67% Policies /Practices /Contract 4 11 12 9.09% Employment 5 15 14 -6.67% Fire 0 1 0 - 100.00% All Other 10 15 15 0.00% Total: 709 727 756 3.99% —350— 17 Graph GL -5 charts the amount of money paid during FY2009 for claims filed in previous years. The total amount paid is $1,906,890, of which 50.8% were payments on FY08 claims and 43.9% were payments on FY07 claims. Graph GL -5 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Dollars Paid in Current FY for Prior Years' Claims Period Ended July 31 $968,636 $72,785 $- $28,076 Prior to FY05 FY05 FY06 FY07 FY08 Motor Vehicle Accidents At the end of FY09, the number of total motor vehicle accidents was 212 compared to 264 for FY08, down 19.6 %. The number of total preventable accidents in FY09 was 116, compared to 123 in FY08, down 5.6 %. From year to year, preventable accidents consistently make up approximately 45 -50% of the total number of accidents. 300 275 250 225 200 175 150 125 100 75 50 25 0 City Vehicle Accidents 4th Quarter Annual Comparison Graph GL -6 2007 2008 Number of Accidents o Number of Pre.entables 2009 —351— 18 Year -To -Date Claims Count Comparison (Period Ending July 31) 1,000 900 All Other 800 1111111111 - ■ Park & Recreation 700 - ❑ Fire 600 Gas 500 ❑ Storm Water Water 400 o Solid Waste 300 - ❑ Wastewater 200 Streets Police 100 0 FY07 FY08 FY09 'a7) O ■ Park & Recreation L) LL 0 o o Storm Water a) as o Solid Waste o Wastewater $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 O O O O 0 O go to 4' co LL 0 O 0 0 '' 0 0 0 0 0 0 0 0 0 N 0 CO CO N r r U, tf? Liability Claims Count by Department Period Ended July 31 FY09 Percent of Claims and Lawsuits 800 5% 700 ❑ All Other .................. . 600 m Park & Recreation ❑ Claims ❑ Fire 500 � so ❑ Gas 400 El Storm Water o Water 300 - - ❑ Solid Waste ❑ Wastewater 95% 200 ❑ Streets 100 ❑ Police 0 FY07 FY08 FY09 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 10 0 10 0 0 N N EA EA EA EA CD CD CD CD Eft •F1 co Eft Period Ended July 31 CD CD (NI tor 4' 0 >- U- 0 0 0 0 0 0 o 0 0 0 0 0 o o o o o o 0• 0 0 0 0 0 0 CV 0 CO CD CO EA- EA- E4 6 U_ Prior to FY05 City Vehicle Accidents 4th Quarter Annual Comparison 300 286 264 275 250 212 225 200 175 150 124 123 116 125 100 75 50 - 25 0 2007 2008 2009 o Number of Accidents o Number of Preventables amp auu -o a) E a) Q E a) co I O c N C) 0 co CO a = F CO > cn2 W w1— 06 mix) 0) r �� c L .O g O m N CZ W —u) co O a) I fl • — OPEB Bonds a) U L Lc" O Co C O O c N cm Q D I..L a) O =Q 73 0 O U Q r c co (6 N _ O c -00 - OQ a Lo ■� �U N Co C Li - Co I" L U L Q .c c U -0 p C) LL cm co `~ O O Q cl- O .N _Q (6 U U N O._ N c U °� '� h D 4- - 92 To a) , o c O co 2 > co N _ Z a=+ a) u) Q 0 0 a) L Ufi CD-" or2 o Q � 0 c O) J c U c N c= O C CO 0_ O N CO p 0 0 c o E r co a) o 0_ U c . . u) c a) . D D — Z I I I I N O Z. ca c- o Co > 0) o O O O N N E 0 —a ono E o�� 00 N z L4)D a) Lo U 2 m w o rI o a.) • oa 0 °L' .L a) -5 -o co ate-+ c a) 7 .( a) 0_ Q Li- U- U 0 06 Q 0 0_ 0 0 0 E2 +) J co Q a) 72 0 0_ (0 L 0 0 0 0 a > 0 a) a L 0 CC 0 0 c E (T) 0 a) a 55 c0 ca -0 NU CO . ID • �z z}, CO a O Q )a o • r acco 00o co -' U E 2 To Q m N N -0 N ct cL c LL o 0 o 0 N 4) I Researched and Evaluated 0) -E° m N 4) O 0)0_ ca O 0) 5 a) a) � co 0_ U s 0 I a) a) E E 0 I �_a V ) m Q 0 0 0 co a) co L 0_ = 0 H U) m L OJ . o_ 73 D W U73 U) c13 M a) '� co (6 O o o o 0 - N N ' - '1- (1) . - = CO a3 N .S) co 0 co a) a) > czN. co il� o o O 2 HE c ��o co L_ O • I. }' — _a 1 _a c) P 0) 0 0 0.0 o c O 0 c 2 -0 U o c o Lc� �'= O • O OHO 4_ = N 2 N 0_ rLi&) r TY c� O c6 2� 2 z},•cn O �•� co o �� �\ _C >, N co c6 = o — C 44- , CO cp_ (13 no (13 a) cs w x— N N 0 5 i— N H-Q o•- E H. o H o_._ Lo 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Change in Fiscal Year Update Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Cindy O'Brien Interim ACM for Administrative Services 2. 3. OUTSIDE PRESENTER(S): Name 1. None 2. Title/Position Organization ISSUE: The determination of the feasibility of changing the date of the City's fiscal year end from July 31st to September 30th, and considering the financial impact of the change. BACKGROUND: The Council instructed staff to analyze the feasibility of changing the date of the City's fiscal year end from July 31St to September 30th. A presentation was made to City Council on July 21, 2009. Due to the potential financial impacts of changing the fiscal year, City Council requested that staff come back with a presentation detailing the costs associated with changing the fiscal year. Cindy O'$ in, Interim Assistant City Manager - Administrative Services Cindy0@cctexas.com —359- 361- 826 -3217 May Jun Fr A FISCAL YEAR 2010-2011 New Election Date Add 11111r, Council Seated Al liN wr x Budget Delivery _AM Mir- X Adopt Budget X _...ii• EPP' PROPOSED FISCAL YEAR 2010-2011 New Election X Date all Priv Council SeatedA Iry x Budget De ° Err imii v ....„.".,.,= City of Corpus Chrisi i T r id May Jun Fir FISCAL YEAR 2010-2011 New Election Date Add Council Seated X V .111111r- Budget Delivery X Adopt Budget FISCAL YEAR 2011-2012 New Election Date _Ad Council Seated r 111. MIP Budget Deli X Ado I Mir = City of Corpus Chrisi